HomeMy WebLinkAboutNATIONAL POOLSINSURANCE ON FILE
WORK MAY PROCEED
UNTI�q RANCEEXPIRES
CITY CLERK
DATE:
N-2023-249
CONSTRUCTION AGREEMENT BETWEEN NATIONAL POOLS INC. AND THE
CITY OF SANTA ANA FOR MASONRY WALL PROJECT AT MEMORIAL PARK
THIS AGREEMENT is made and entered into this 14th day of September, 2023 by and between
National Pools 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. The City issued Invitation for Bid ("IFB") No. 23-117A, attached hereto and
incorporated herein as Exhibit A, by which it sought a qualified contractor to
remove the current wooden fence located at Memorial Park, dividing residential
homes and the parking lot, and to replace said wooden fence with a masonry wall.
B. Contractor submitted a responsive proposal that was 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 IFB No. 23-117A.
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
Contractor shall perform all those services which were described in the Scope of Work
section included within Exhibit A, and as further described in Contractor's Proposal, attached
hereto and incorporated herein as Exhibit B.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services under this Agreement, the rates and charges identified in Contractor's
Fee Proposal, attached hereto and incorporated herein as Exhibit C. The total
sum to be expended under the term of this Agreement, including any extension
periods, shall not exceed $395,000.00. This sum is comprised of (1) the base
amount of $329,000.00; and (2) a twenty percent (20%) contingency in the
amount of $66,000.00 for additional services to be exercised at City's sole
discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
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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 September 14, 2023 and terminate on December 13,
2023, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for two (2), forty-five (45) day extensions subject to non -
substantive changes in writing approved and 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 subcontractors prepares under this
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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
Contractor shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder and the results of that work by the
Contractor, its agents, representatives, employees or subcontractors.
Insurance coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less
than $1,000,000.00 per accident for bodily injury and property damage.
Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for
bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the higher
limits maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be provided in the form
of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85
or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;
and CG 20 37 if a later edition is used).
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Primary Coverage
For any claims related to this Agreement, the Contractor's insurance coverage shall be
primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer
of said Contractor may acquire against the City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may
require the Contractor to purchase coverage with a lower retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within the
retention. The policy language shall provide, or be endorsed to provide, that the self -insured
retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a
current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the Contractor's
obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on
insurance required from subcontractors.
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Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature
of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, subcontractors, 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
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
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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.
1.3. 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: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
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To Contractor: National Pools Inc.
15439 Monte St.
Sylmar, CA 91342
Attn: Cynthia Zarate, Officer
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.
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 Agreement performed by City personnel or by other consultants 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.
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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,
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. FUNDING -RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
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Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery
Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As
applicable, Contractor shall comply with all federal requirements including, but not limited to,
the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at
https://www. govinfo. gov/content/pkg/FR-2022-01-27/p df/2022-00292.pdf,
C. Treasury Compliance and Reporting Guidance for the Act, available at
https://home.treasury.gov/systein/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;
d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of
the Treasury may determine are inapplicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f. Federal contract provisions attached hereto as Exhibit D and incorporated herein
by this reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such federal
requirements and the terms of this Agreement and/or the provisions of state law and except as
otherwise required under federal law or regulation, the more stringent requirement shall control.
22. BONDING REQUIREMENTS
Contractor shall comply with all bonding requirements as described in Exhibit A and
Exhibit B and, prior to commencing any work described herein, shall furnish to City copies of
all required bonds.
23. 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.
Page 9 of 10
a
SIGNATURE PAGE FOR CONSTRUCTION AGREEMENT BETWEEN NATIONAL
POOLS INC. AND THE CITY OF SANTA ANA FOR MASONRY WALL PROJECT
AT MEMORIAL PARK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
�s
JENNIFER H L
City Cler,
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
B
JONATHAN T. MP TINEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL
NABIL SABA, P.E.
Executive Director
Public Works Agency
CITY OF SANTA ANA
KP3TINE RIDGE
City Manager
CONTRACTOR
-FIRSIli /
:
F
Page 10 of 10
EXHIBIT A
Invitation for Bid No. 23-117A
CITY OF SANTA ANA
INVITATION FOR BID (IFB) NO. 23-117A
IMSIN
MASONRY WALL PROJECT AT
MEMORIAL PARK
KEY IFB DATES (All times are Pacific Standard Time)
Optional Pre -Bid Meeting: July 18, 2023 at 11:00 AM
Deadline to submit questions: July 19, 2023 by 2:00 PM
Bid Due Date: July 28, 2023 by 2:00 PM
BID CONTACT:
Jacques Lam
JLam(d?santa-ana.orq
TABLE OF CONTENTS
I. BID SUBMITTAL INSTRUCTIONS............................................................
ILSCOPE OF WORK....................................................................................
III. GENERAL TERMS AND CONDITIONS....................................................
ATTACHMENTS (Required with Bid submittals):
.................. 3
.................10
.................13
ATTACHMENT A:
BID PROPOSAL FORM
ATTACHMENT B:
BIDDER'S STATEMENT AND COMPANY INFORMATION
ATTACHMENT C:
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS
ATTACHMENT D:
NON -COLLUSION AFFIDAVIT
ATTACHMENT E:
NON -LOBBYING CERTIFICATION
ATTACHMENT F:
NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G:
SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT H:
SAM.GOV VERIFICATION
EXHIBITS:
Exhibits are provided for bidders' reference only. These are not to be included with bid
submittals.
EXHIBIT I: FEDERAL REGULATIONS
EXHIBIT II: MEMORIAL PARK MASONRY WALL PROJECT LIMITS AND STRUCTURAL
DETAILS
EXHIBIT III: MEETING DIRECTIONS
BID SUBMITTAL INSTRUCTIONS
BID SUBMITTAL INSTRUCTIONS
A. OPTIONAL PRE -BID MEETING AND JOB WALK:
An optional pre -bid meeting and job walk will be held on July 18, 2023 at
11:00 AM at:
Memorial Park
2102 S. Flower St.
Santa Ana, CA 92707
This informational meeting will be held to allow for site inspection and questions or
clarifications of a technical nature and those concerning the City's solicitation process and
subsequent contract award. Prospective Bidders should be familiar with this IFB prior to
attending this meeting. Prospective Bidders are encouraged to RSVP on PlanetBids prior
to this meeting.
B. QUESTIONS
Any questions concerning this bid request must be submitted in writing through the City
of Santa Ana's (City) electronic bid management system at
http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137 by no laterthan the
date and time specified on the cover page of this IFB. No verbal requests or requests
made in any other format will be accepted. Questions must be submitted individually and
not in a paragraph format nor combined in a single submission. All posted questions will
be answered in writing and conveyed via written addenda to all Proposers via posting on
PlanetBids under the "Addenda/Emails" tab. General process questions may be directed
to the Bid Contact listed on the cover page of this IFB.
C. COMMUNICATION
No employee or agent of the City shall discuss or otherwise communicate with any vendor
specific information related to a competitive bid process prior to bid closing, except as
described above in the instructions for submitting questions to the City. This process
allows staff to respond to all questions through a formal addendum process, whereby all
potential bidders receive the same information at the same time. However, general
process questions regarding an open bid may be directed to the Purchasing contact listed
on the cover page of this IFB at any time.
D. BID UPDATES
All notifications, updates, and addenda will be posted on the City's bid management and
publications system at www.planetbids.com/portal/portal.cfm?CompanvlD=20137.
E. BONDS
When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the
amount of at least 10% of the bid, to guarantee that bidders will enter into contract to
furnish goods at prices stated. A Performance Bond shall be required of the successful
City of Santa Ana IFB No. 23-117A Page 3 of 21
BID SUBMITTAL INSTRUCTIONS
bidder when stated in the Specification. Certified or Cashier's check or Money Order may
be submitted in lieu of either Bond. Failure to submit acceptable Payment and
Performance Bonds as required shall result in a rejection of the bid and a forfeiture of the
proposal guarantee.
The following Bonds are required:
BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond
shall be 10% of the bid amount. The Bid Bond upon a form provided by bidders' surety
company or a certified check payable to the City of Santa Ana and drawn on a solvent
bank of the United States of America, is required with the bid. Responsive bids shall
include the following:
A scanned cony of the Bid Bond included with the electronic bid, uploaded and
submitted by the bid submission deadline.
The original hard copy of the Bid Bond shall be submitted to the Purchasing
Office at the address listed below by the three lowest responsive bidders, as a
guarantee that the contractor, if awarded a contract, will execute and deliver
such contract to the City.
Bidders with the three (3) lowest responsive bids shall submit to the City the
original Bid Bond or Certified Check within three (3) business days of the bid due
date. Failure to submit the original check or bidder's bond shall result in the bid
being declared non -responsive.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address
shown below:
City of Santa Ana — Finance & Management Services (M16)
Attn: Karla Lopez, Purchasing Supervisor
20 Civic Center Plaza
Santa Ana, CA 92701
Documents shall be clearly labeled in a sealed envelope or box as follows:
IFB 23-117A MASONRY WALL PROJECT AT MEMORIAL PARK
Note: All deposits will be held until a Contract has been executed with the successful
Bidder or all bids have been rejected. The Certified Check received from
bidders in lieu of a bid bond will be returned upon the City's awarding of a
contract. It is the bidder's responsibility to request and coordinate the return of
any bid bonds or certified checks.
City of Santa Ana IFB No. 23-117A Page 4 of 21
BID SUBMITTAL INSTRUCTIONS
2. FAITHFUL PERFORMANCE BOND (Awarded Contractor Only): A Faithful
Performance Bond is required for this bid. The value of the performance bond shall
be 100% of the contract price. Upon award, a bidder must provide the City with a
copy of the executed bond guaranteeing bidder's faithful performance of all provisions
of the contract.
F. CONTRACTOR REQUIREMENTS
Bidders must have minimum five years' experience providing the same or similar services
to public agencies.
Contractor shall provide all labor, management, supervision, tools, parts/materials to
provide hazardous waste disposal and management services in accordance with contract
requirements; the California Department of Toxic Substances Control (DTSC)
Regulations; Environmental Protection Agency (EPA) Regulations; CAL OSHA
requirements, appropriate manufacturer specifications; all applicable technical bulletins,
trade, federal, state and local laws, ordinances, rules and regulations, including, but not
limited to laws applicable to the Services at the time Services are provided to and accepted
by the City.
Contractor shall comply with all applicable local, state, and federal safety requirements.
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.
Contractor shall be solely responsible for the fees associated with obtaining and/or
maintaining required licenses and all other appropriate licenses and certifications.
Contractor shall submit current copies of all applicable licenses and certifications to the City
at time of bid submittal and be responsible for maintaining current copies on file if awarded a
Contract.
Contractor's License: In accordance with California Public Contracting Code § 3300, the City
requires Contractors to possess a valid California Class B General Contractor's License
at the time bids are opened and to maintain this and all other applicable licenses and
certifications required to perform the work specified herein.
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.
G. REFERENCES
Contractor shall provide three (3) references, for which Contractor has performed similar
services under contracts awarded over $100,000 by a similar public agency, which
demonstrate Bidder's ability to provide the supplies, equipment, or services required by
this IFB. References should be included with the Bidder's Statement and Company
Information Form (ATTACHMENT B)
City may disqualify a Bidder if. -
City of Santa Ana IFB No. 23-117A Page 5 of 21
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1. References fail to substantiate Bidder's description of services and deliverables
provided; or
2. References fail to support that Bidder has a continuing pattern of providing
capable, productive, and skilled personnel, or
3. City is unable to reach the point of contact with reasonable effort. It is the
Bidder's responsibility to inform the point of contact(s) of normal City working
hours.
H. ALTERNATIVES
All bids with material substitutions or deviations from the specified items will be rejected
as non -responsive. Bidders must submit a request for pre -approval of any equivalent,
equal, alternative, or changes by following the directions for questions described above,
prior to the deadline to submit questions. The City has the option of accepting or rejecting
any proposed alternative and any bid that includes alternatives. Brand names, if any, are
given for quality control only. Bids on "equals" are encouraged, however, the bidder must
give evidence of equal utility and quality by providing specification sheets and description
of products proposed as alternatives for each line item, and a description of the request
on company letterhead.
I. PRICING REQUIREMENTS
Bidders must supply all bid items and provide unit prices for all items listed in this IFB,
including any shipping/handling fees. Bid proposals that do not include all items listed may
be deemed non -responsive.
1. Prices shall be FOB Destination Santa Ana
2. Prices must not include sales tax.
3. Pricing must be inclusive of all costs, including but not limited to, direct and
indirect costs for labor, overhead, insurance, business expenses, incidental
supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.
4. Fees for delivery, shipping and handling, and freight (if any) must be noted.
J. TAX
The City is exempt from Federal Excise Tax. Do not include sales tax in your unit prices.
Bidder shall show as a separate item California State Sales and/or Use Tax percentage.
However, sales tax will not be included in during the evaluation of bids.
K. SITE INSPECTIONS
When appropriate, Bidders are encouraged to examine the locations, physical conditions
and surroundings of the proposed work sites on their own to determine the extent to which
these factors will influence or affect performance of work. Failure to inspect sites shall not
relieve the Contractor from fulfilling the obligations of the Contract. The City shall assume
that bidders have investigated and are satisfied with the expected conditions, quality of
the work to be performed, and the requirements of these specifications.
L. AWARD
The following criteria will be included in the evaluation process for selection of the award
recipients(s):
City of Santa Ana IFB No. 23-117A Page 6 of 21
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1. Ability to meet specifications;
2. Proposed price;
3. Delivery lead time;
4. Past record of performance in providing similar services; including such
factors as timely response and cooperation.
The City reserves the right to award the Contract to other than the lowest Bidder, to reject
any or all bids, to cause re -soliciting of the bids, or to take such other course of action
as the City deems appropriate at the City's sole and absolute discretion. The City shall
endeavor to award contract to the lowest, responsive, responsible Bidder.
M. BID SUBMISSION
No bid will be considered for award unless properly and successfully submitted through
the electronic bid management system at
http://www.planetbids.com/portal/portal.cfm?Coml)anVID=20137 by the date and time
specified on the cover page of this IFB. All bids must be signed by an authorized
representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely
responsible for "on time" submission of their electronic bid. The bid management system
will not accept late bids and no exceptions shall be made. Bidders will receive an a -bid
confirmation number with a time stamp from the bid management system indicating their
bid was submitted successfully. The City will only receive those bids that were transmitted
successfully. DO NOT FAX OR E-MAIL.
NOTE: E-Bids are sealed and cannot be viewed by the City or any other person or entity
until the closing date and time. If you need to withdraw your bid, you may do so at any
time before the bid deadline, by going back into the system and selecting "withdraw".
N. BID WITHDRAWAL
Bids may be withdrawn by submitting a written request any time prior to the scheduled
closing time for receipt of proposal. No proposal may be withdrawn for a period of ninety
(90) days thereafter.
O. REJECTION
The City reserves the right to reject any or all bids and to waive any minor informality in
any bid.
P. ALL OR NONE BIDS
The City reserves the right to award a single contract or multiple contracts to the best
advantage of the City. Contractors not willing to be considered for a partial award must
indicate "ALL OR NONE" on their bid.
Q. PERIOD OF ACCEPTANCE
Unless otherwise stated, bids shall be subject to acceptance by the City for a period of
ninety (90) calendar days following the opening of bids.
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BID SUBMITTAL INSTRUCTIONS
R. SAMPLES
When required, bidder shall furnish samples of items free of expense to the City, and if
not destroyed by test may, upon request made at the time the sample is furnished, be
returned at the bidder's expense.
S. TERMS OF PAYMENT
Payment terms will be considered "NET 30 days" unless a cash discount is offered for
earlier payment. Cash discounts may be considered in evaluating the bid price. *Note:
The City is unable to process discounts with terms for less than 20 days.
T. NONDISCRIMINATION
Contractor agrees that the "Certification of Nondiscrimination by Contractors" attached
and executed by Contractor or on file with the City, is specifically made a part of the bid
by this reference.
U. PROHIBITED INTEREST
Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect,
in Bidder's business or in this transaction held by any City Council member or any City
officer or employee. City reserves the right to refuse any bid if City determines a conflict
of interest exists. A conflict of interest may be determined to exist in any instance where
the City officer or employee participates in or influences any decision -making process
affecting a bid or contract in any way whatsoever.
V. PROTEST PROCEDURES
Only vendors who have actually submitted a bid may file a "protest" to an IFB with the
City's Purchasing Department. In order for a Bidder's protest to be considered valid, the
protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting
of Bid Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being
protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest;
and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City's Purchasing Manager, or other designated City staff
member, shall review the basis of the protest and all relevant information. The decision
from the Purchasing Manager, or her/her designee, is final and no further appeals will be
considered.
City of Santa Ana IFB No. 23-117A Page 8 of 21
BID SUBMITTAL INSTRUCTIONS
W. LOCAL VENDOR PREFERENCE
For bid evaluation purposes qualified bidders may receive one of the following: a 7%
preference for "small" Santa Ana businesses, or a 4% preference for "small" Orange
County businesses, is given respectively on all qualifying bids for materials, supplies,
labor, equipment or services, pursuant to the Small Local Business Preference Program
under Ordinance NS-2828. Small Local Business Preference eligibility requirements are
available on the City's website at www.santa-
ana.oro/finance/local preference program.asp. Vendors located within the City of Santa
Ana limits that do not qualify for the small local business preference program may receive
a 1 % local vendor preference when evaluating their total bid.
X. RESPONSIVENESS CHECKLIST
Responsive bids shall include the following completed submittals/attachments:
❑ ATTACHMENT A:
BID PROPOSAL FORM
❑ ATTACHMENT B:
BIDDER'S STATEMENT AND COMPANY INFORMATION
❑ ATTACHMENT C:
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS
❑ ATTACHMENT D:
NON -COLLUSION AFFIDAVIT
❑ ATTACHMENT E:
NON -LOBBYING CERTIFICATION
❑ ATTACHMENT F:
NON-DISCRIMINATION CERTIFICATION
❑ ATTACHMENT G:
SUBCONTRACONTRACTOR DESIGNATION FORM
❑ ATTACHMENT H:
SAM.GOV VERIFICATION
❑ ONLINE PRICE SUBMITTAL AT "LINE ITEMS" TAB ON PLANETBIDS
❑ BID BONDS PER IFB SECTION I —BID SUBMITTAL INSTRUCTIONS
City of Santa Ana IFB No. 23-117A Page 9 of 21
SCOPE OF WORK
II. SCOPE OF WORK
Contractor shall perform scope of work as set forth below and in accordance with
ATTACHMENT A, EXHIBIT I, AND EXHIBIT II.
A. GENERAL DESCRIPTION
The City is soliciting competitive bids from qualified contractors to remove the current
wooden fence located at Memorial Park along Park Drive parking lot located on Park Dr.
and W St. Gertrude Place, dividing residential homes and the parking lot. The existing
wooden fence shall be replaced with a masonry wall. Memorial Park is located at 2102 S.
Flower St., Santa Ana, CA 92707.
B. SPECIFICATIONS
Standards and specifications for masonry are provided within EXHIBIT II.
1. Concrete masonry wall to conform to Spec in Exhibit Il.
2. Wall to be painted Don Edwards Navajo White. Verify color upon construction.
3. Wall is to be 8 feet tall from parks side' of the fence. Note residential side may vary
between 6 to 8 feet but should not be the controlling factor in height.
4. This project is located along multiple residential properties at the rear of the park on
Park Drive. Due to this, the time of day when work is conducted will also be determined
before construction begins. Door to door outreach must take place prior to construction
and is to be performed and coordinated by the Contractor.
5. Contractors will be responsible for supplying, installing, and maintaining fencing
surrounding construction area until the project is complete. Type of fencing to be
utilized must be approved by the City's project manager. Contractor shall be solely
responsible for cost of fencing and related installation, maintenance, and removal.
Residential properties must not be left exposed at any time when contractor is not
actively performing work in any section of the fence.
6. This project shall be a turn -key installation and will also include, but is not limited to:
a) Demolition and removal of existing fencing;
b) Clearing and root removal as needed;
c) Site preparation and grading;
d) Drainage components and modifications to site utilities as required;
e) New CMU wall (approximately 620 linear feet) including
foundations and surveying, as required;
f) Replacement of any adjacent affected site work including tying in
intersecting property line walls.
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7. All waste on -site is to be managed and removed by the contractor at the end of each
work day. If space is needed onsite, this will be discussed and the location of container
placement will be pre -determined by the City.
8. Contractor is solely responsible for the cost of, and for hiring any subcontractors
required for this job, including for any materials testing and inspection if needed.
9. Any removal of trees, roots, or stumps should be included in Contractor's lump sum
bid pricing submission.
10. Contractor may use park restrooms when restrooms are open. Locations of portable
restroom and storage will be determined between the City's Project Manager and
Contractor upon project start date.
11. Chain link fencing with privacy screen cover and the specific type of fencing is
required. All fencing and related materials must be approved by the City prior to
installation.
City of Santa Ana IFB No. 23-117A Page 11 of 21
ATTACHMENT A
BIDDER'S PROPOSAL FORM
The undersigned declares that they have carefully examined the specifications, have read the
accompanying instructions to bidders, and hereby propose to provide the specified items and/or
services, in accordance with City needs and/or fund availability and the specifications provided
herein.
Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety
(90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are
for bid comparison only and are subject to change. The City reserves the right to increase or
decrease quantities based on current needs. Pricing must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, insurance business expenses
incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.
Masonry Wall Demolition and Installation 1 1 1 LS
BASE BID TOTAL I $
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES
ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM
QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED.
PRICING SHALL ALSO BE ENTERED IN PLANETBIDS.
ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.
City of Santa Ana IFB No. 23-117A Page 12 of 21
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GENERAL TERMS AND CONDITIONS
III. GENERAL TERMS AND CONDITIONS
A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right,
obligation, performance herein without the prior written consent of the City's Purchasing
Manager and any such assignment, transfer, delegation or subcontract without the
Purchasing Manager's prior written consent shall be considered null and void.
B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential
vendor(s) in the preparation or submission of their bids. Pre -contractual expenses are not
to be included in the vendor's Pricing Sheet. Pre -contractual expenses are defined as,
including but not limited to, expenses incurred by Bidder in:
• Preparing its bid in response to this IFB;
• Submitting that bid to the City;
• Negotiating with the City any matter related to the bid; and,
• Any other expenses incurred by the Bidder prior to the date of the award and
execution, if any, of the Contract.
C. BUSINESS LICENSE: The City requires any person, including but not limited to, an
individual, corporation, contractor, subcontractor, and sole proprietor who wishes to
conduct any business within the City of Santa Ana must secure a City of Santa Ana
business license upon award of the resulting contract. The awarded party shall maintain
a current business license throughout the term of the resulting contract. Procedure to
obtain a City of Santa Ana business license is available by contacting the Finance and
Management Services Agency at (714) 647-5447 or on the City's website www.santa-
ana.ora.
D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable
technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations,
including, but not limited to laws applicable to the subject matter hereof at the time services
are provided to and accepted by the City. Vendor shall comply with all applicable federal,
state, and local safety requirements.
E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract
resulting from this bid, the Vendor agrees that the City may procure the articles or services
from other sources and may deduct from the unpaid balance due the Vendor, or collect
against the bond or surety, or may invoice the Vendor for excess costs so paid plus
reasonable administrative costs. Prices paid by the City shall be considered the prevailing
market price at the time such purchase is made.
F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right
to refuse any goods or Services and to cancel all or any part of the goods not conforming
to applicable specifications, drawings, samples or descriptions or services that do not
conform to specifications included herein. Acceptance of any part of the order for goods
shall not bind City to accept future shipments nor deprive it of the right to return goods
already accepted at the Vendor's expense. Over shipments and under shipments of goods
shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete
City of Santa Ana IFB No. 23-117A Page 13 of 21
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GENERAL TERMS AND CONDITIONS
until all goods or services have actually been received and accepted in writing by City. No
minimum delivery amount shall be accepted by City.
All goods shall be shipped F.O.B. destination designated by the City. Vendor assumes full
responsibility for packing, crating, marking, transportation and liability for loss and/or
damage. All transportation charges to be prepaid by Vendor.
G. FORCE MAJEURE: If execution of this contract shall be delayed or suspended, and if
such failure arises out of causes beyond the control of and without fault or negligence of
the bidder, the bidder shall notify the City in writing within twenty-four (24) hours of such
delay.
H. GENERAL GUARANTEE: The Vendor guarantees that a) Vendor owns all rights, title and
interest in the products and services and has the legal authority to sell, license or otherwise
transfer the right to use to the City; b) the products and services are free from defects in
material and workmanship for a minimum period of one (1) year from the date of
acceptance by the City, unless otherwise stated as part of the bid; and c) Vendor shall
repair or replace all such defective goods F.O.B. destination.
I. INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold
harmless the City against any or all loss, liability damages, demands, claims or costs
alleged by third parties arising out of Vendor's performance. This includes defective
material and products, faulty work performance, negligent or unlawful acts, and
noncompliance with any applicable local, state or federal codes, ordinances, orders or
statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and
the California Industrial Safety Act. This guarantee is in addition to and not intended as a
limitation on any other warranty, expressed or implied.
J. INDEPENDENT CONTRACTOR: The Contract between the City and Vendor is not
intended and shall not be construed to create the relationship of principal agent, servant,
employee, partnership, joint venture, or other association, as between the City and
Vendor. The Vendor understands and agrees that all persons furnishing services to the
City pursuant to the Contract are, for purposes of worker's compensation, employees
solely of Vendor and not of the City. The Vendor shall bear the sole liability for furnishing
worker's compensation benefits to any person for injuries arising from or connected with
services provided to the City hereunder.
K. INSPECTION: City shall be under no obligation to unpack or inspect the products and/or
service. The Vendor shall be responsible for the consequences of negligent manufacture
and packing, and for the consequences of negligent handling prior to point where City
assumes ownership. The expense of subsequent tests due to failure of goods first offered
will be charged against the Vendor.
L. INSURANCE: Prior to undertaking performance of work under this Contract, Contractor
shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
City of Santa Ana IFB No. 23-117A Page 14 of 21
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GENERAL TERMS AND CONDITIONS
Commercial General Liability Insurance — the Contractor shall maintain commercial
general liability insurance which shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting there from and
damage to property, resulting from any act or occurrence arising out of Contractor's
operations in the performance of this Contract, 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 there from, and
property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the
aggregate.
Business Automobile Liability Insurance, or equivalent form, shall be maintained by the
Contractor 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 as well as
uninsured motorist coverage with a combined single limit of not less than $1,000,000 per
occurrence.
Worker's Compensation Insurance — in accordance with the provisions of Section 3300 of
the Labor Code, Contractor 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 Contract, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
• Contractor shall maintain all insurance required above in full force and effect for
the entire term of contract
• Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City
• 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
• Contractor shall supply City with fully executed additional insured endorsements.
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 Contract. Such termination shall not affect Contractor's right to be paid for
services satisfactorily provided in accordance with this Contract prior to notification of
termination. The 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.
M. JURISDICTION — VENUE: This Contract has been executed and delivered in the State of
California and the validity, interpretation, performance and enforcement of any of the
City of Santa Ana IFB No. 23-117A Page 15 of 21
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GENERAL TERMS AND CONDITIONS
clauses of this Contract shall be determined and governed by the laws of the State of
California.
N. LATE DELIVERY ASSESSMENT: The Vendor agrees to pay late -delivery assessment
for any delay in delivery (except those beyond its reasonable control) beyond the date
agreed to and shown in the purchase order or contract in an amount equal to the expenses
incurred by the City due to the delay, including but not limited to expenses such as rental
of like equipment to fulfill the need while awaiting late delivery, added cost of manpower
or other resources, or other costs as can be shown to have resulted from delaying receipt
of the ordered goods or services. The penalty will be deducted from the amount due to
the Vendor under the purchase order or contract.
O. LAW AND JURISDICTION: The validity, performance and construction of this order shall
be 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.
P. PARKING: The City will not provide free parking for delivery services. Parking fees shall
not be reimbursable by the City.
Q. PAYMENT: Payment by City will be processed within thirty (30) days following receipt of
proper invoice evidencing work performed and subject to City accounting procedures. No
additional charge will be paid by the City unless expressly included and itemized herein.
R. PRICING ADJUSTMENTS: The City requires firm pricing during the initial contract period
at minimum. Thereafter, any proposed price increases for follow-on renewal periods (if
applicable) will only be allowed with detailed supporting documentation from the
manufacturer(s) to support the requested increase. The requested increase will be
evaluated by the City, and the City reserves the right to accept, negotiate, or reject such
requests. A minimum of thirty days advance notice in writing is required for requests of
such adjustments.
Should manufacturer's general price to the trade or industry increase during the initial
contract period, but no earlier than six (6) months from time of contract execution,
Contractor may request an increase to the affected line item(s), provided that costs to the
Contractor increased by more than five (5) percent and that such cost increase was not
known to or reasonably foreseen by the Contractor at the time of bid submittal. In such
cases, requests for price increases must be submitted to the City on Company letterhead
and include the following:
1. Item description;
2. Item number and manufacturer's number;
3. Date and amount of manufacturer's price increase;
4. Supporting documentation from the manufacturer;
5. List of new proposed pricing per line item and current pricing (two columns);
and
6. Justification for requested price increase(s).
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GENERAL TERMS AND CONDITIONS
In no circumstance, shall retroactive pricing adjustments be considered by the City. The
City may enforce, adjust, or cancel escalating price agreements as it sees fit. Adjustments
increasing supplier's profit margin shall NOT be allowed. No more than one price
adjustment shall be made within any one contract term, including during any renewal
periods.
S. PUBLIC AGENCIES: Public agencies, as defined by California Government Code section
6500, may choose to use the terms of this Contract or "piggyback", subject to Contractor's
acceptance. The City is not liable or responsible for any obligations related to a
subsequent contract between Contractor and another public agency.
T. SUBCONTRACTING: No performance of this contract or any portion thereof may be
assigned or subcontracted by Contractor without the express written consent of the City.
Any attempt by the Contractor to assign or subcontract any performance of the terms of
this contract without said consent shall be null and void and shall constitute a default under
this contract.
In the event of such a default, the City may immediately terminate this contract. In the
event the City consents to assignment or subcontracting, each term and condition of this
contract shall be binding on the assigns, successors or administrators of the respective
parties.
In the event the City consents to subcontracting, the Contractor shall include in all
subcontracts the following provision: "This contract is a subcontract under the terms of a
prime contract with the City of Santa Ana. All provisions of that prime contract shall apply
to this subcontract."
Contractor and all subcontractors must obtain and maintain in effect a valid City of Santa
Ana Business License prior to commencement of work, and during the entire time that
work is being performed under the contract. All permits and licenses necessary to the
performance of this project shall be secured by the Contractor at the Contractor's own
expense. The Contractor shall pay all taxes properly assessed against any equipment or
property used or required in connection with the performance of security services.
Contractor shall indemnify, defend, and hold harmless the City and its employees and
agents from any and all liability arising or resulting from the employment of any
subcontractors and their employees in the same manner as for Contractor's own
employees.
U. TERMINATION: The City reserves the right to terminate the Contract/Purchase Order or
delay delivery or acceptance of any products and/or services ordered resulting from this
bid without penalty. Upon receipt of any written notice of termination from City, Contractor
shall immediately cease all services hereunder except such as may be specifically
approved in writing by City. Upon termination, City shall pay Contractor for services
rendered as specified in the Contract prior to the effective date of termination.
V. USAGE: No guarantee is given by the City to Vendor regarding usage of the resulting
contract. Usage figures or quantities, if provided, are approximations. Vendor agrees to
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GENERAL TERMS AND CONDITIONS
supply items requested herein as needed by the City at rates/prices listed in Bid submitted
to the City, regardless of quantity requested.
W. ADDITIONAL TERMS AND CONDITIONS
CAL -OSHA VEHICLE REGULATION: All vehicles must meet California Motor
Vehicle and Cal -OSHA regulations and all other applicable codes required for
vehicle use on the roads or highways in the state of California.
QUALITY ASSURANCE: Contractor shall provide laborers and supervisors who
are thoroughly familiar with the type of construction involved and materials and
techniques specified.
CONSTRUCTION WASTE MANAGEMENT: Contractor shall keep work areas
clean and free from any debris, rubbish, hazardous waste and non -usable material
resulting from the work under this Contract and shall be disposed of at the
completion of each work day by the Contractor. Hazardous waste must be
disposed of in accordance with the Resource Conservation and Recovery Act and
all other applicable federal, state, and local laws and regulations.
4. CHEMICALS: Handling and delivery of all materials must comply with all local, State,
and Federal safety regulations and must maintain appropriate hazardous material
transportation and handling certifications and licensing as applicable.
5. NON -PAYMENTS: City shall NOT make payments for any unsatisfactory work until
corrected. In the event of nonpayment of undisputed sums by the City, Contractor
shall give the City thirty (30) working days to cure the alleged breach.
6. DIR REGISTRATION: This project is a public work and subject to the following: No
contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless 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. This project 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.
7. PREVALING WAGE: - The Director of the Department of Industrial Relations of the
State of California hasascertained 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 or
maintenance contract, which may be awarded by Public Works. The current
prevailing wage rates as adopted by the Director of the Department of Industrial
City of Santa Ana IFB No. 23-117A Page 18 of 21
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GENERAL TERMS AND CONDITIONS
Relations are incorporated herein by reference and may be accessed at
http://www.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).
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.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720,
et seq., and 1770, at 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. City shall provide Contractor with a copy
of the prevailing rates of per diem wages in effect at the commencement of this
Agreement/Contact. 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 atthejob 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.
B. SAFETY PROGRAM REQUIREMENTS: - Work Site Safety shall be as defined by
the Standard Specifications and these special provisions:
Contractor 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. Consultant/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 Project site.
The following is required in addition to the requirements of the Standard
Specification:
a. Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. Contractor 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.
c. Contractor, their employees and subcontractors shall follow all safety rules
and safe work practices.
City of Santa Ana 11713 No. 23-117A Page 19 of 21
VGENERAL TERMS AND CONDITIONS
d. Contractor will immediately notify the City of any significant and/or unusual
hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all
hazardous materials to be utilized on site in the performance of work.
f. Contractor 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 Contractor 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 Contractor, its subcontractors
or City, attributable to any alleged act or omission of the Contractor 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
Contractor 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.
9. OTHER SAFETY REQUIREMENTS: Contractor shall take all reasonable
precautions, as directed by the City, or in the absence of such direction, in
accordance with sound industrial practices, to safeguard and protect City property
and adjacent property. Damages to properties caused by Contractor's negligence
shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor's
employees with all applicable environmental and hazardous materials handling
laws and regulations.
Contractor shall provide City a full report of damage to City property and/or
equipment by Contractor's employees. All damage reports shall be submitted to
the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades,
cones, etc.) as required or necessary to ensure the safety of the public, City, and
Contractor's employees.
10. SPILL LIABILITY: The City does not assume liability for spills or other releases of
hazardous wastes which are caused by the negligence of the contractor once
hazardous waste materials are in the possession of the contractor or transported
off site.
11. RECORDKEEPING AND REPORTS: Contractor is required to provide upon
request, detailed data and information required by the City. Information may include:
generator EPA ID, contractor EPA ID, generator name, waste description, manifest
City of Santa Ana IFB No. 23-117A Page 20 of 21
F
�`�� GENERAL TERMS AND CONDITIONS
number and line number, date waste shipped, disposal and recycling facilities
utilized, final disposal method utilized, quantity shipped (pounds), waste profile
number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and
PDF Format) and hard copy format at all times during the term of the contract.
12. TIME FOR COMPLETION OF WORK AND LIQUIDATED DAMAGES:
Contractor shall complete work specified herein within sixty (60) working days
after the commencement date stated in the Notice to Proceed.
The City will assess liquidated damages at the rate of $500 per calendar day that
the Contractor exceeds the specified date of completion.
City of Santa Ana IFB No. 23-117A Page 21 of 21
ATTACHMENT B
BIDDER'S STATEMENT AND
COMPANY INFORMATION
A. COMPANY INFORMATION
Company Full Legal Name:
Business Address:
Southern California Address: (if different)
Website Address:
Length of time firm has been in business:
Type of business:
(LLC, Partnership, or Corporation)
If incorporated,
State of
Incorporation:
LOCAL VENDOR PREFERENCE
Please check the applicable category below.
❑ "Small" Santa Ana Business (7% preference)
❑ "Small" Orange County Business (4% preference)
❑ Other Santa Ana Business (1%preference)
❑ None Apply
City of Santa Ana Business License
Number:
Orange County City:
Business License No:
PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE)
CSLB Number(s):
DIR Registration Number:
Contractor's License Classification(s):
PROJECT MANAGER CONTACT INFORMATION
Name:
Phone:
Email:
CONTRACT ADMINISTRATOR CONTACT INFORMATION
(insurance and other administrative questions)
Name:
Phone:
Email:
BIDDERS STATEMENT:
With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I
have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will
transfer and deliver all goods to the City in accordance with said terms and conditions.
Signature
Title
Attachment B City of Santa Ana / Purchasing Page 1 of 2
B.
ATTACHMENT B
BIDDER'S STATEMENT AND
COMPANY INFORMATION
References shall be provided in accordance with the the IFB, Section I. Bid Submittal Instructions.
Additional pages may be attached if necessary.
REFERENCE#1
Agency Name:
Contact Name:
Contact Email Address:
Dates of Services Performed/Contract Term:
Contract Amount:
Contact Phone Number:
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):
REFERENCE #2
Agency Name:
Contact Name:
Contact Email Address:
Dates of Services Performed/Contract Term:
Contract Amount:
Contact Phone Number:
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):
REFERENCE N
Agency Name:
Contact Name:
Contact Email Address:
Dates of Services Performed/Contract Term:
Contract Amount:
Contact Phone Number:
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):
Attachment B City of Santa Ana / Purchasing Page 2 of 2
ATTACHMENT C
(a CERTIFICATION OF NONDISCRIMINATION
BY CONTRACTORS
As suppliers of goods or services to the City Of Santa Ana, the Firm listed below certifies that it will not
discriminate in its employment practices against any employee or applicant for employment because of such
person's race, color, religion, sex or national origin, ancestry, sex, sexual orientation, age, physical handicap,
mental disability, marital status, domestic partner status or medical condition; that it is in compliance with all
federal, state and local directives and executive orders regarding nondiscrimination in employment; and that
it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees within the company;
2. To establish or observe employment policies which affirmatively promote opportunities
for minority persons at all job levels; and
3. To communicate this policy to all persons concerned, including all company employees,
outside recruiting service, especially those servicing minority communities, and to the
minority communities at large.
Legal Name of Company
Date
Authorized Signature Name (Print) and Title
Please include any additional information available regarding equal opportunity employment programs
currently in effect within your company.
Attachment C City of Santa Ana / Purchasing Page 1 of 1
CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the 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 proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposer
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, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
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
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment D City of Santa Ana / Purchasing Page 1 of 1
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or 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 bid or 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:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment E City of Santa Ana / Purchasing Page 1 of 1
(9)
CITY OF SANTA ANA
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant 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 Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant 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 Consultant 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.
In the event of the Consultant'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 Consultant 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 Consultant 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
Attachment F City of Santa Ana / Purchasing Page 1 of 2
CITY OF SANTA ANA
ATTACHMENT F (continued)
NON-DISCRIMINATION CERTIFICATION
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 Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant 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 consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment F City of Santa Ana / Purchasing Page 2 of 2
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, at seq., it must clearly
set forth below the name and location of each subcontractor who will perform work or labor or render
service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of
bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and
agrees that under Public Contract Code section 4100, at seq., if bidder fails to list as to any portion of
work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder
must indicate what portion of the work each subcontractor will perform), bidder must perform that
portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to
those subcontractors listed for work under the base bid, bidder must list subcontractors that will
perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including
alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the
portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need
to be listed. If further space is required forthe list of proposed subcontractors, additional sheets showing
the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the
undersigned related to the work of this project. This is to include any subcontractor that will specially
fabricate and install a portion of work according to detailed drawings contained in the plans and
specifications in the amount greater than one half of one percent (.05%) of the contractors total bid.
Additional sheets may be attached if needed.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No:
DIR Registration No:
Attachment G City of Santa Ana / Purchasing Page 1 of 1
(a
CITY OF SANTA ANA
ATTACHMENT H
SAM.gov VERIFICATION
On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify
entities. Now, entities doing business with the federal government use the Unique Entity ID created in
SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition
allows the government to streamline the entity identification and validation process, making it easier
and less burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their
SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including
UEI and active registration status.
Proposer's
SAM.gov Registration Expiration Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment H City of Santa Ana / Purchasing Page 1 of 1
EXHIBIT I
FEDERAL REGULATIONS
a. Federal Regulations — Recipient must comply with the government cost principles,
uniform administrative requirements and audit requirements for federal grant program housed
within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension —As required by Executive Orders 12549 and 12689,
and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against
waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their
dealings with the Federal government.
C. Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by CITY, the grant agency and/or their duly
authorized representatives for a period of three (3) years from the date of submission of the final
expenditure report by the City of Santa Ana. For a period of three years after final delivery
hereunder or until all claims related to this Agreement are finally settled, whichever is later,
Recipient shall preserve and maintain all documents, papers and records relevant to the services
provided in accordance with this Agreement, including the Attachments hereto. For the same
time period, Recipient shall make said documents, papers and records available to City and the
agency from which City received grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of Recipient, upon
request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by
City for inclusion in quarterly reports and such other reports or records as City may be required
to provide to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore,
the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that
no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from
the participation in, be denied the benefits of or be subject to discrimination, including
discrimination in employment, in any program or activity that receives or benefits from federal
financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be
included in the agreements with and be binding on all of its contractors, subcontractors, assignees
or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and
laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and
agrees that none of the funds provided under this award may be expended by the Recipient to
pay any person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
City of Santa Ana Purchasing Division Exhibit I, Page 1 of 6
Congress in connection with any federal action concerning the award or renewal of any federal
contract, grant, loan, or cooperative agreement.
i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its
contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs,
U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause
in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order
No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its
contractors (or subrecipients) will comply, with all requirements of the Executive Order
11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in Department of
Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the California Public Contract Code
Section 10295.3, as applicable.
I. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors
and subcontractors (or subrecipients) shall comply, with all requirements of the
Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of
Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor— Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
City of Santa Ana Purchasing Division Exhibit I, Page 2 of 6
(3) Breach — A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. § 5.12.
M. Davis -Bacon Act - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C.
3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety - Recipient will comply, and all its contractors
(or subrecipients) will comply, with all requirements of Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all applicable standards, orders or requirements issued
under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as applicable.
P. Energy and Conservation - Recipient will comply, and all its contractors
(or subrecipients) will comply, with all requirements of the Energy Policy and
Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, as
applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland
Security shall have the authority to seek patent rights for any process, product, invention
or discovery developed and paid for with funding through this Agreement based on the
requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
S. Copyright - Recipient may copyright any books, publications or other
copyrightable materials developed in the course of or under this Agreement. However,
the federal awarding agency, State Administrative Agency (SAA) and City reserve a
royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
City of Santa Ana Purchasing Division Exhibit I, Page 3 of 6
(2) any rights of copyright to which the subcontractor purchases ownership with
support through this grant. The Federal government's, SAA's and City's rights
identified above must be conveyed to the publisher and the language of the
publisher's release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered
Telecommunication Equipment or Services (Interim), which prohibits grant recipients and
subrecipients from obligating or expending loan or grant funds to procure or obtain,
extend or renew a contract to procure or obtain, or to enter into a contract (or extend or
renew a contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications
equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(2) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
(3) Telecommunications or video surveillance services provided by such entities
or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
U. Domestic preferences for procurements (2 CFR 200.322) - Recipient
agrees that as appropriate and to the extent consistent with law, it will, to the greatest
extent practicable under a Federal award, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). This requirement must be included in all subawards including all contracts and
purchase orders for work or products under this award. For purposes of this provision:
"produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in
the United States; and "manufactured products" means items and construction materials
City of Santa Ana Purchasing Division Exhibit I, Page 4 of 6
composed in whole or in part of non-ferrous metals such as aluminum; plastics and
polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
V. Equal Employment in Construction Contracts - Pursuant to Equal
Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with
Executive Order 11246 as amended by Executive Order No. 11375, as to any
construction contract thereunder, if applicable, during the performance of this contract,
the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, 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 will, 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, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
City of Santa Ana Purchasing Division Exhibit I, Page 5 of 6
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.
(5) The contractor will 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.
(6) The contractor will 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 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.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
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 Executive 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, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) 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 subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for
noncompliance.
City of Santa Ana Purchasing Division Exhibit I, Page 6 of 6
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11
EXHIBIT B
CONSULTANT'S PROPOSAL
JULY 27th, 2023
IFB 23-117A MASONRY WALL PROJECTAT MEMORIAL PARK REBID
NationalPools
DESIGN + CONSTRUCTION
CONCRETE, SHOTCRETE, MASONRY,
POOLS AND DEMOLITION CONTRACTORS
B - General Contracting, C8, C53, C46
Cynthia Zarate, Officer
cynthia@nationalpoolsconstruction.com
(818)367-9340
CA DBE & SBE Small Business Enterprise #2029814
UNIQUE ENTITY ID: KMU6P2QPAGC3
DIR-PW-LR-1001005100
INSURANCE$1m/$2m
Bonding Capacity $1,000,000
NAICS: 238990, 713940, 236220, 238110, 238190, 238140
COVER PAGE
Subject: IFB 23-117A MASONRY WALL PROJECT AT MEMORIAL PARK RE -BID
Attention:
City of Santa Ana Attn: Jacques Lam
JLam@santa-ana.org
20 Civic Center Plaza
Santa Ana, CA 92701
National Pools, Inc. (NPI) thanks you for the opportunity to bid as prime contractor on the IFB
23-117A MASONRY WALL PROJECT AT MEMORIAL PARK REBID. NPI has reviewed the
specifications, and requirements for this contract as shown by City of Santa Ana, California.
NPI is a CA SBE and DBE certified firm, with CA state licenses that include B, C8, C53, and C46. NPI has
the talent, expertise, technology and experience necessary to perform masonry, concrete and related
structures for state, federal, local government agencies, and prime contractors. NPI is currently
headquartered in Los Angeles, CA with over 17 years of experience.
Cynthia Zarate is an officer of National Pools, Inc. representing all interests and is the authorized point
of contact for this submission.
IFB 23-070 MASONRY WALL
PROJECT AT MEMORIAL PARK
Cynthia Zarate Officer 15439 Monte St. Sylmar, CA 91342 (818) 367-9340
(gvmg G Vol-t
Cynthia Zarate, Officer.
Declarations:
• NPI will meet all necessary insurance requirements.
• NPI confirms this bid will remain valid for the duration of the City of Laguna Hills, CA bidding
process.
• NPI confirms that Cynthia Zarate is an officer of National Pools, Inc., with the contact
information mentioned above, has the authority to represent National Pools, Inc. and all of its
interests.
• NPI has read and agrees to all rules, regulations, terms and conditions stated in the solicitation.
• NPI confirms that all information submitted with the proposal is true and correct and that the
undersigned individual has the abilityto bind National Pools, Inc. to the terms of this proposal.
I am the point of contract for this proposal. Please call me at (818) 367-9340 or email me at
cynthia(@nationalpoolsconstruction.com if you have questions regarding this submission.
Regards,
(,t{nrtV L VmVt
Cynthia Zarate, President
National Pools Inc
cynthia@nationalpoolsconstruction.com
(818) 367-9340
National Pools, Inc.
15439 Monte St., Sylmar, CA 91342
Div vUBlM11TTA1 1NvTRUCTIONS
W. LOCAL VENDOR PREFERENCE
For bid evaluation purposes qualified bidders may receive one of the following: a 7%
preference for "small" Santa Ana businesses, or a 4% preference for "small" Orange
County businesses, is given respectively on all qualifying bids for materials, supplies,
labor, equipment or services, pursuant to the Small Local Business Preference Program
under Ordinance NS-2828. Small Local Business Preference eligibility requirements are
available on the City's website at www.santa-
ana.org/finance/local preference program.asp. Vendors located within the City of Santa
Ana limits that do not qualify for the small local business preference program may receive
a 1 % local vendor preference when evaluating their total bid.
X. RESPONSIVENESS CHECKLIST
Responsive bids shall include the following completed submittals/attachments:
ATTACHMENT A: BID PROPOSAL FORM
ATTACHMENT B: BIDDER'S STATEMENT AND COMPANY INFORMATION
ATTACHMENT C: CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS
ATTACHMENT D: NON -COLLUSION AFFIDAVIT
Z-)ATTACHMENT E: NON -LOBBYING CERTIFICATION
Z TTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: SUBCONTRACONTRACTOR DESIGNATION FORM
-✓�ACHMENT H: SAM.GOV VERIFICATION
�QNLINE PRICE SUBMITTAL AT "LINE ITEMS" TAB ON PLANETBIDS
-_ BID BONDS PER IFB SECTION I — BID SUBMITTAL INSTRUCTIONS
City of Santa Ana IFB No. 23-117A Page 9 of 21
ATTACHMENT A
BIDDER'S PROPOSAL FORM
The undersigned declares that they have carefully examined the specifications, have read the
accompanying instructions to bidders, and hereby propose to provide the specified items and/or
services, in accordance with City needs and/or fund availability and the specifications provided
herein.
Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety
(90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are
for bid comparison only and are subject to change. The City reserves the right to increase or
decrease quantities based on current needs. Pricing must be inclusive of all costs, including but
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES
ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM
QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED.
PRICING SHALL ALSO BE ENTERED IN PLANETBIDS.
ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.
City of Santa Ana IFB No. 23-117A Page 12 of 21
ATTACHMENT B
BIDDER'S STATEMENT ANn
COMPANY !NFORMAT101i
A. COMPANY INFORMATION
F Company Full Legal Name:
INATIONAL POOLS INC
Business Address:
15439 MONTE ST SYLMAR CA 91342
Southern California Address: (f ditferer �t)
Website Address:
-----------------------
www.nationalpoolsconstruction.com
Length of time firm has been in business:
2006-PRESENT
Type of business:
Corporation
If incorporated,
CA
(LLC, Partnership, or Corporation)
State of
Incor oration:
LOCAL VENDOR PREFERENCE.
—below-
Please check the applicable category
City of Santa Ana Business License
[]-Small' Santa Ana Business (7% preference)
Number:
❑ "Small" Orange County Business (4% preference)
i
❑ Other Santa Ana Business 0 % preference)
Orange County City:
✓❑ None Apply
Business License No:
PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE)
CSLB Number(s):963509 DIR Registration Number:
Contractor's License Classificafionfs)
IB, C8, C53, C46 PW-LR-1001005100
PROJECT MANAGER CONTACT INFORMATION
Name:LUIS C QUIRARTE
Phone: 818-282-3480
Email: carlos@nationalpooisconstruc
tion.com
CONTRACT ADMINISTRATOR CONTACT INFORMATION
(insurance and other administrative questions)
Name:CYNTHIA C ZARATE
Phone:818-367-9340 Email: Cynthia@ nattonalpootsconstru
ext 103 ction.com
BIDDERS STATEMENT:
With my signature I confirm that I am authorized to bind the company. By submitting this Bid.. I confirm I
have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will
transfer and deliver all goods to the City in accordance with said terms and conditions.
OFFICER
Signal
Title
Attachment 8 City of Santa Ana / Purchasing Page 1 of 2
ATTACHMENT B
BIDDER'S STATEMENT AND
COMPANY INFORMATION
B. REFERENCES
References shall be provided in accordance with the the IFS. Section I. Bid Submittal Instructions.
Additional pages may be attached if necessary.
REFERENCE#1
Agency Name:
AVILARARCHITECTS INC 170M
Contact Name:
AVILA
Contact Emit Address:
TAVILA@AVILARCHITECTS.COM
Dates of Services PerfonnedlContract Term:
110/6/20-1 /20/21
Contract Amount:
$257,0 )0
Contact Phone Number:
310-210-2503
I Brief Description of Scope of Work (i.e., supplies, equipment, services provided):
IBRYNN MAWR-GRADE BEAMS, PILES AND POOUSHOTCRETE WALLS
REFERENCE#2
Agency Name:
WEST KOAST LLC
Contact Name:
BRETT KARNS
Contact Email Address:
BRETT@BRETTKARNS.COM
Dates of Services Perlonned/Contract Tenn:
2/1 /2019-9/1 /2019
Contract Amount:
$415,000
Contact Phone Number:
310-903-7949
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):
PCCCONCRETE RAMPS CURBANDGL'TTER PARKING LOT WALLS AND CONCRETE UPPER DECK CONCRETE AND CMU WALLS HARDSCAPEwA�S
f �
REFERENCE#3
Nuencq Name:
AVILARARCHiTECTS INC
Contact Name:
TOM AVILA
Contact Email Address:
TAVILA@AVILARCHITECTS.COM
IDates of Services Performed/Contract Term:
11 /1 /2021-6/17/2022
Contract Amount:
317,000
Contact Phone Number:
310-210-2503
Brief Description of Scope of Work (i.e., supplies, equipmen4 services provided):
HAMLINE-GRADE BEAMS, PILES AND POOUSHOTCRETE WALLS
I
Attachment B City of Santa Ana / Purchasing Page 2 of 2
ATTACHMENT C
(a CERTIFICATION OF NONDISCRIMINATION
is r (3 0N T RykC T vR "a
As suppliers of goods or services to the City Of Santa Ana, the Firm listed below certifies that it will not
discriminate in its employment practices against any employee or applicant for employment because of such
person's race, color, religion, sex or national origin, ancestry, sex, sexual orientation, age, physical handicap,
mental disability, marital status, domestic partner status or medical condition; that it is in compliance with all
federal, state and local directives and executive orders regarding nondiscrimination in employment; and that
it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees within the company;
2. To establish or observe employment policies which affirmatively promote opportunities
for minority persons at all job levels; and
3. To communicate this policy to all persons concerned, including all company employees,
outside recruiting service, especially those servicing minority communities, and to the
minority communities at large -
NATIONAL POOLS INC
112a,23
Legal Name of Company Date
Signature
CYNTHIA ZARATE
Name
Please include any additional information available regarding equal opportunity employment programs
currently in effect within your company.
NATIONAL POOLS INC WILL FOLLOW ALL EQUAL OPPORTUNITY REQUIREMENTS PER STATE AND FEDERAL LAWS.
Attachment C City of Santa Ana / Purchasing Page 1 of 1
CITY OF SANTA ANA
ATTACLJMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the 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 proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposer
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, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note. The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
State of California, County of
Subscribcd 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 CeMftate
Attached
Dv*e 7-z7-z3 ATO
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment D City of Santa Ana / Purchasing Page 1 of 1
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 Los Angeles
Subscribed and sworn to (or affirmed) before me on this 27th
day of July , 20 23 , by
proved to me on the basis of satisfactory evidence to be the
person(owho appeared before me.
ALAN THEODORE
NotarPu61CaHfamla
QNy
Anssooles tounCammissson p 242474A
Comm. F.xgres Dec 9, 2026
n.,m.nxrsac.00k+.s
JLZ
(Seal) Signature
CITY OF SANTA ANA
ATTACHMENT E
I IVON-LO8$YiNG CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or 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+, 1362, 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 bid or 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: OFFICER
Firm:
NATIONAL POOLS INC
Date: 7/27/23
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment E City of Santa Ana / Purchasing Page 1 of 1
CITY OF SANTA ANA
ATTACHMENT
NON-CISCFtifv"IINAT!ON CERTI FICATIOON
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant 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 Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant 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 Consultant 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.
1. In the event of the Consultant'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 Consultant may be declared ineligible for further Govemment
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 Consultant 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
Attachment F City of Santa Ana / Purchasing Page 1 of 2
IC
CITY OF SANTA ANA
ATTACHMENT F (continued)
NON-DISCRIMINATION CERTIFICATION
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 Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant 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 Slats. 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 consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: 1 "
Title: OFFICER
Firm: NATIONAL POOLS INC
Date: 7/27/2023
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment F City of Santa Ana / Purchasing Page 2 of 2
ATTACHMENT G
. SI_ SCONTRArTOPI. DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly
set forth below the name and location of each subcontractor who will perform work or labor or render
service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of
bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and
agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of
work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder
must indicate what portion of the work each subcontractor will perform), bidder must perform that
portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to
those subcontractors listed for work under the base bid, bidder must list subcontractors that will
perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including
alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the
portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need
to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing
the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the
undersigned related to the work of this project. This is to include any subcontractor that will specially
fabricate and install a portion of work according to detailed drawings contained in the plans and
specifications in the amount greater than one half of one percent (.05%) of the contractors total bid.
Additional sheets may be attached if needed.
Subcontractor Name:
Location.
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No:
DIR Registration No:
Attachment G City of Santa Ana 1 Purchasing Page 1 of 1
01
CITY OF SANTA ANA
ATTACHMENT H
SAM.gov VERIFICATION
On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify
entities. Now, entities doing business with the federal government use the Unique Entity ID created in
SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition
allows the government to streamline the entity identification and validation process, making it easier
and less burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their
SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including
UEI and active registration status.
Proposer's UEI: KMU6P2QPAGC3
SAM.gov Registration Expiration Date: 7i27/2024
THiS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Attachment H City of Santa Ana / Purchasing Page 1 of 1
BPHILADELPHIA
INSURANCE COMPANIES
BID OR PROPOSAL. BOND
KNOW ALL MEN BY'1}IFSE PRESENTS, Thm we.
National Pools Inc _
of 15439 Monte Street, Sylmar, CA 91342
(hereinafter called the Principal) os Principal. and PHILADELPHIA INDEMNITY INSURANCE COMPANY, with its
principal office at One Bala Plaza Suite 100 in the City of Bala Cynwyd. Pennsylvania (hereinafter called the Surcts), as Surety.
me held and firmly bound ante
City of Santa Ana Public Works Department
„f 20 Civic Center Plaza, Santa Ana, CA 92702
(hereinafter called the Obligee) in the penal sin of
TEN PERCENT (10%) OF THE TOTAL AMOUNT BID --
DollarsS_, lawful money of the United States, for the payment of which sum well and truly to be made,
we bind uursulves, our hairs, enccutom administrators, successors, and assigns.
7TIE CONDITION Of THIS OBI.IOA I ION IS St CI I. ihm wherew, the Principal hat submitted die
ineumpanying bid dated July 28. 2023 for
IFB 23-117A Masonry Wall Project at Memorial Park
NOW, THIiREfORE, if (he Obligee shall make any award according to the terms of said bid and die Principal shall enter
into a convect with said Obligee in accordance with the terms of slid bid and give bond for the faithful pcdormatice thereof
within the time specified: or il'nu time is specified within thirty days aRta the date ol'said awwd: or if the Principal shall, in
the case of failure so to do. indemnify the Obligee against any loss the Obligee may suffer directly wising by maim of such
failure, not esmeding the peadry of this Mond. then this obligation shall be null and %aid: otherwise to remain in lull force
and virtue.
Signed, sealed and dated: July 27. 2023
fly:
S-137-Rev.
National Pools Inc
(Principall
PIIILAOLLPHW INOPMNM INS11tAM 9( Usil- 1
Heidi R Brutko �f`Ornay- m aT cl
Pill LIDELPIDA INDEMNITY INSORANCIC VONIPANI
One Role Plam Suile I00
Dale Cynwyd, PA 19001-0950
Power or Attorney
KNOW AIA. PERSONS DY I'I IRSN PRRM :N'IS: that HOLADLIXIIbt INDEMNITY INSURANCE COMPANY (the Crmtpa y). n eogwndion argnnitcJ fall
existing tinder the Insvz of Ilia Cummmnveaith fir Pennsylvania. J(ts humby constitute and appoint, ISalla n Miller, Sandra Ilarizull„ 111rhelle Whom, Ilrand)
Pr(Me, Ilaidi R. lirulko, Tabhaihn Kepner or Chris Papke of Philadelphia Indemnity Insurance Company,its true will Inwli l AI¢rtncy-in-fncl withfull aullnaily
to exceute on its bchail'boods, maderbtkings. rcaogntxanees and other Contracts of indemnity and writings o(diga ry ht the nature thervor. hamd in Ilse cotoau of its
business anti to bind the Company thereby, if all amonnl not to exceM $5(I (• IOR 00h.
"Canis Power of ARomey is grunted Drift is signal and sealed by hMsimile under and by the auhorhy of the fallowing Rvmdunon adopted by the hoard of Dalfilots of
PNILADFI.PIIIA INDEMNITY INSURANCE COMPANY on Iho 14"ofNovenni r. 2016.
111'ISOI.VED: That file Board of Diruemrs hereby amarims, the President or any Vice President of the
Coulpanyal) Appoint Autmluy(s) in Paco anti anhoYyc the Attorney($) in fact tM excaac
ran bentar of 0e Compony, hand, and undertaking,. contracts Mf iadcnmily and other
writings obligatory in tiro nutum. tharoofimd to a0ach the still of the Company thereof, slid
(2)to mmovc,of any final, fifty such Atmntcy-in-Pact and revok. the Maturity given. And,
he it
PUII'i'i11iR
RESOLVED: 'find the simulative or such offieas and the seal of the Company Mary be affixed to any
such Power of Aliornay or Certi0cate relating thereto by fires ndle, and mrysnch Pnwar of
Afiomcy NO e-seemed anti certified by fansimilexignntnms anJ fimiimile seal shall be volid
and binding upon Life Company in the 0nure frith renpecl In may bond or undulating In
which it is attached.
IN I'hSHMONY W11FREOP, PHILADU41'111A INDRMNI'1'Y INSURANCE COMPANY HAS CAUSED TI11S INS'IROMEN'r 1'0 IIE SIONPD AND ire
C'fylii'OIiA I'll SItA41'U BL eV f!%EO BY I'B At:'f1R1RIZhO OFPfCF.''i'HIS ST(f DA Y Oh hfARCli, 202I.
fseol)
h,h (.Hnnih. Prcedcnt W CfiO
I'hiludclphin indemnity lnsurnnec Compan,
Oil this 5i°day of March, 2021 before metallic the bmividmd who exeuuted die pnecrding instrumcul, to are personally known amd being by file duly sworn said lhnt be
is Ilse therein described and aha borfied officer riffle PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal atlixcd to said Lnstrumern is fire
Confornie soul ofsnid Company: dint the said Corporate Seal and his signnerc srurM drily nfflxed,
NOtny, Public
v Qsrns a
..i
ae Mckanr4,roterypubno
A+onagonay 4oemy
ldYcommlkaiel explrba November3.202d
Ce�m'aaeane idta7B4
y"edneu: na-spvransfomeont,woo, residing at: Dula Cyvncyd, PA
4ly comaaission expires: Novenllmr 3. 2024
1, Uwad Sayago, Corporate Secretary of Pill LADELPNIA INDFMNI IN INSDRANCP COMPANY, do hamhy ccnify thin the foregoing r"olution of the li rard of
tyhee am nett dw Prover oc Attorney IssuedPursuan thereto ran the $0 day March. 2021 era hor i nd eoneci and fire $fill in full f4me:md effect. 1 dal Rather certify rho
John (rhumix who executed the Prover of Attorney ass President, was on tilt date Of execulion of the nlim•hed Power of Ailancy file duly elected President of
Ill ILADIeLPNIA INDI'MNffY I1,19l1RANCP COMPANY.
ill Testimony WhereofI hnvc subscribed My Monte anti nffrxud the facsimile seal Drench Company this _ vial-_ day or imay --_-.2023
hdwad Styago, Corporate secretary
1411 LADELPHIA INDbIIxINITY INSCRANCR COMPANY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
iZti::{ax.M..ti:r. .�.,Y`�.'ct�^-r..•„w..,.' ��AC�Yic.•.,.•,.,, ..YaCh&�
I 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, a validity of that document.
Penns}}dvania
State of tYla )
County of Dauphin
On July 27,,_2023before me, _Tabbathainner
Date Here Insert Name and Title of the Officer
personally appeared _ Heidi R. Brutko
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
C'a 01,11hdlM1 o lhsmyNZ- udmy Sul
Tabbathu Kepncy Notan• public WITNESS my hand and official seal.
Dauphin County
My commLuiva cxp)tns April 12, 2D26
Commission number 141 lh7 Signature
Signature of or , Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this Information can dater alteration of the document or
Ireudulant reattachment of this farm to an unintended document.
Description of Attached Document
Title or Type of Document: _A
Document Date: _ _ Number of Pages:
Signer(s) Other Than Named Above:
Capacltytlea) Clalmad by St®nar(a)
Signer's Name:
Corporate Officer — Titlo(s):.__.-..__ ._ _ _.._....
Partner — -1 Limited -- General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
1 Corporate Officer — Title(s)
Partner — C: Limited - General
Individual Attorney in Fact
Trustee Guardian or Conservator
i Other: _
Signer Is Representing:
A2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (i-800.876-6827) Item k5907
EXHIBIT C
CONTRACTOR'S FEE PROPOSAL
(including hourly rates if applicable)
ATTACHMENT A
BIDDER'S PROPOSAL FORM
The undersigned declares that they have carefully examined the specifications, have read the
accompanying instructions to bidders, and hereby propose to provide the specified items and/or
services, in accordance with City needs and/or fund availability and the specifications provided
herein.
Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety
(90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are
for bid comparison only and are subject to change. The City reserves the right to increase or
decrease quantities based on current needs. Pricing must be inclusive of all costs, including but
incidental supplies, mileage, fuelffuel surcharges, and any other miscellaneous charges.
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES
ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM
QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED.
PRICING SHALL ALSO BE ENTERED IN PLANETBIDS.
ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.
City of Santa Ana IFB No. 23-117A Page 12 of 21
EXHIBIT D
Federal Contract Provisions
EXHIBIT D
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Contractor (or "Consultant") shall comply with all
applicable federal laws and regulations including, but not limited to, the federal contract
provisions in this Exhibit C.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix I1 to Part 200 (C) Equal Employment Opportunity If this Agreement
meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, 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 Consultant 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.
(ii) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of workers
with which he 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 Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v) The Consultant will 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.
(vi) The Consultant will 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 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.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Consultant may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive 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, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests of
the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) — Cogeland "Antti-Kickback" Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of "funding agreement' under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Consultant must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) — Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 M — 4200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA -designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA -designate
items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-epg-program.
(iv) The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act."
(k) Appendix II to Part 200 K) — §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system funded under this Agreement. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(1) Appendix II to Part 200 (L) — $200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
20.
(v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
the following:
Congress;
(ii) The list of persons and entities referenced in the paragraph above includes
(1) A member of Congress or a representative of a committee of
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 1.8, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company -owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title V1 of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with 'Treasury's directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit hfp://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant's successors, transferees and assignees for the period in which such
assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant's
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with "Limited English proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on -site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
M If Consultant makes sub -awards to other agencies or other entities,
Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
NOTICE OF COMPLIANCE
:�lY►E.yP_1�y19:U�1r1.167L•CK�eVI�•Ll�JH��i�I11CIeCH:l�iJA��Yi�Ui:r� • • �
Contractor National Pools, Inc.
Name:
Project TBD (025)
Number:
Project Construction Agreement Between National Pools Inc. And The
Name: City Of Santa Ana For Masonry Wall Project At Memorial Park
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
9/22/2023 1:04 PM
POLICY EXPIRATION COI DATE
NUMBER DATE
WPP1834729031 10/20/2023 09/11/2023
VUMA0291400I 12/06/2023 09/11/2023
WSA503953405, 01/17/2024 09/11/2023
FILE NAME
Cert-3.pdf
Cert.pdf
Cert-3.pdf
Reyes, Erendida
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Wednesday, January 24, 2024 4:41 PM
To: Reyes, Erendida
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
4°-1TV :TA M PRIP111A"THIS PA GE A P,,i min- U4-TE li O,F THE COUP1NA:L
Contractor National Pools, Inc.
Name:
Project N-2023-249
Number:
Project Construction Agreement Between National Pools Inc. And The City Of
Name: Santa Ana For Masonry Wall Project At Memorial Park
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coveraae(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
POLICY EXPIRATION
NUMBER DATE
WPPI83472904
VUMA0291401
10/20/2024
12/06/2024
COI DATE
10/16/2023
11/20/2023
WORKERS COMPENSATION AND WSA503953406 01/17/2025 12/19/2023
EMPLOYERS' LIABILITY
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1/24/2024 7:40 PM
FILE NAME
Certs-City of
Santa Ana.pdf
Cert.pdf
COI GL12.06.24
AU-10.20.24
WC-01.17.25
.pdf.pdf
1