HomeMy WebLinkAboutABAJIAN ENTERPRISE DBA SOCAL REMOVALINSURANCE ON FILE -2 2 3-2 7 rJ
WORK MAY PROCEED
UNTIL INSNCEEX IRES
CITY CLERK; �'
DATE:
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA
PW R AND ABAJIAN ENTERPRISE DBA SOCAL REMOVAL
THIS AGREEMENT is made and entered into this September day of L , 2023 by and between
Abajian Enterprise DBA SoCal Removal, ("Consultant'), 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").
0
N
co RECITALS
N
t3 A. The City desires to retain a quality general maintenance contractor to perform repairs to
o existing neighborhood entry monuments and welcome sign monument locations
throughout the City.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting 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
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
under this Agreement shall not exceed $150,000 during the term of this Agreement,
including any extension periods exercised under Section 3.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a two (2) year term
with the option for the City to grant up to one (1) two (2)-year renewal, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
16, below.
4. PREVAILING WAGES
Consultant 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, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant 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
Consultant 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 Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant 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 Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
INSURANCE
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant shall procure and maintain for the duration of the contract insurance against claims
forinjuries 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 Consultant, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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 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.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any
auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned (Code 9)
autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory
Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
If the Consultant 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 Consultant. 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 Consultant including materials, parts, or equipment furnished in connectionwith such
work or operations. General liability coverage can be provided in the form of an endorsement to
the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through
the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition
is used).
Primary Coverage
For any claims related to this contract, the Consultant'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 Consultant'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
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant 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 Consultant 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 oflnsurers
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
Consultant 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 Consultant's obligation to provide them.
The Cityreserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
M
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
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
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 Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant 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 Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant 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. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. 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 Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further agree
that Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant 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. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D,
attached hereto and incorporated into this Agreement by reference. No Exhibit D
is attached in the absence of additional provisions.
b. 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.
C. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This clause shall not apply where the Parties are currently
engaged and Consultant is providing services not contemplated by this Agreement.
d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk ofthe City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
N-2023-275
To Consultant:
Andre Abajian
Chief Executive Officer
Abajian Enterprise DBA SoCal Removal
1640 E. Edinger Avenue, Suite C
Santa Ana, CA 92705
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
ennffer all
erk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City A ".,'.."p'ry�
By:
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
P-
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
CONSULTANT:
/,I ` `
Andre Abajian L
Chief Executi Officer
EXHIBIT A
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, EXHIBIT II and EXHIBIT III.
A. GENERAL DESCRIPTION
The City of Santa Ana Public Works Maintenance Services Division requires the services
of a quality general maintenance contractor to perform repairs to existing neighborhood
entry monuments and welcome sign monument locations throughout the City. The annual
contract budgeted amount is for a maximum of $150,000 and will operate on an as -
needed basis. The work under this agreement shall require furnishing of all necessary
materials, equipment and labor. Installation/construction of new monuments may be
included, but is not the primary focus of this project and would be considered an as -needed
service per quote. There are currently 50 neighborhood entry monuments and six (6)
welcome sign monuments throughout the City.
The initial contract shall be for one, two-year period with provisions for one (1) additional
two-year renewal option. All pricing shall remain firm for the initial contract period. Usage
is not guaranteed. Execution of a contract between the City and successful Contractor
does not guarantee work throughout the duration of the contract period. Numerous factors
will be evaluated by the City in its delivery of project and work assignments, including
available budget and City's needs.
B. SPECIFICATIONS
As determined necessary by the City, work will consist of repairing damaged monuments
with the same, or similar materials and updating the City logo and neighborhood names.
If similar materials are to be used, prior City approval is required. Type of work includes
but is not limited to, all of the following: repair mortar; reinstall rock/brick/paver; demolition
and reconstruction of dry stacked stone and boulder pilaster; concrete work; general
masonry work; removing, salvaging, welding or replacing ornamental metal works;
procuring and replacing signs, plaques, or decorative tiles; removing vegetation
around monuments; irrigation repairs; repairing/installing lighting; removing graffiti; and
disposal of construction debris.
The City has the option to purchase and provide materials.
All installation, repair and/or maintenance shall conform to Standard Specifications for
Public Works Construction (SSPWC) or as determined acceptable by the City.
`See Exhibit I Monument Examples and Typical Maintenance Repair Items
City of Santa Ana IFB No. 23-073 Page 10 of 26
SCOPE OF WORK
C. MINIMUM REQUIREMENTS
Contractor minimum qualification criteria include, but are not limited, to the following:
1. Contractor shall be in the business of providing full-time general contractor
maintenance services for municipalities, commercial properties, or similar for at
least five (5) years;
2. Shall possess all permits and required City and State licenses to perform general
maintenance and masonry services; CSLB — B General Contractor License
required.
3. Shall furnish all the necessary personnel, equipment, materials and supplies for
required maintenance and repairs.
D. CONTRACTOR'S RESPONSIBILITIES
1. Work Assignments
a) The Contractor shall receive work orders from the Project Manager (PM) or
designee via phone, electronic mail, or in person, as agreed upon by the PM.
b) Upon receipt of a work order, the Contractor shall inspect the location to
determine the scope of the repairs. Contractor will then provide a written
estimate for the work to be performed at the identified location.
c) The Contractor shall contact the PM or designee within forty-eight (48)
hours of issuance of work order to schedule the work.
d) The PM may designate sites as needing an emergency response dependent on
the severity of the issue. An emergency work order will be issued immediately.
Emergency response sites will have first priority.
e) The Contractor shall notify PM or designee once the work order has been
completed to schedule a final inspection. Completed work orders shall be
submitted to the PM or designee via electronic mail or in person, within forty-
eight (48) hours of passing final inspection. Accommodations for special projects
may be made.
2. Description of Work
a) Contractor shall provide and ensure protection of the work area and surfaces at
all times including, but not limited to:
i. Barricading area for work performed within the public right-of-way;
ii. Using warning signs and sidewalk and street cones to inform the public
of work being conducted;
iii. Immediately correcting damages to the work site;
V. Leaving work in undamaged condition; and
V. Providing signs to protect the finishes and the public.
City of Santa Ana IFB No. 23-073 Page 11 of 26
b) Contractor shall remove all equipment and materials from each site and leave
the site broom -cleaned at the end of each workday.
c) Contractor shall dispose of all waste and materials in accordance with all
applicable laws, regulations, ordinances, codes and any other legislative or
statutory requirements. Material rinse residue shall be collected and disposed
of appropriately.
d) City will conduct a quarterly review of contract performance for the first term of
the contract, at a minimum. Modifications to the Scope of Work agreed upon by
the City and the Contractor may be made following the quarterly review.
e) Contractor shall produce photographs of the location before work is performed
and after work has been completed, and submit to the City upon completion of
work.
3. Personnel
a) Contractor shall make the designated representative available to accompany
the PM or designee to inspect sites and/or work upon forty-eight (48) hours'
notice.
b) Contractor shall utilize only trained, competent employees in the performance
of this contract. At the request of the City, the Contractor shall remove from
assignment to this contract any employee at the request of the City for any
reason, whether supervisory or non -supervisory.
c) Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team
members, City staff, and members of the community.
d) Contractor's crews shall be in possession of a copy of the resulting contract in
the performance of work at all times.
e) Any person assigned to this contract found to be in possession of and/or under
the influence of intoxicants or narcotics shall be removed from assignment to
this contract. This person may be subject to arrest and criminal prosecution.
4. Equipment
a) Safety Equipment- The Contractor will provide all equipment and tools, properly
calibrated and in good working order to perform services as specified herein.
Contractor shall provide all necessary Personal Protective Equipment (PPE),
City of Santa Ana IFB No. 23-073 Page 12 of 26
a� I SCOPE OF WORK
and the skills and training required to perform all services per Cal -OSHA
requirements.
b) Vehicles — Trucks / automobiles should be in good mechanical working
condition, clean in appearance, and clearly identifiable with the contractor's
name on vehicles.
c) All equipment shall be in good working order with all manufacturer safety guards
and devices in place.
d) The City has the option to purchase and provide materials.
5. Compliance with Applicable Laws and Regulations
a) Contractor shall perform all requirements under this contract in strict
observance of and compliance with all applicable traffic and safety laws,
regulations, ordinances, codes and any other legislative or statutory
requirements.
b) Contractor warrants that the performance of services under this contract shall
be compliant with the current requirements of the Occupational Safety and
Health Act (OSHA) and as it may be amended or updated throughout the term
of this contract.
6. Working Day
The Contractor activities shall be confined to the hours from 7:00 a.m. to 3:30 p.m.,
Monday through Friday. Deviation from these hours will not be permitted without the
prior consent of the City's PM or designee, except in emergencies in involving
immediate hazard to persons or property.
7. Inspections
The City shall have the right to inspect any work performed to ensure that the work
is being and has been performed in accordance with the City's specifications and
applicable federal, state and/or local requirements, City Standard Plans and Details
(if applicable) and this agreement. All work found in such inspections not to conform
to the applicable requirements shall be corrected by the Contractor and the City shall
have the right to withhold payment to the Contractor until the work is corrected.
S. Protection of the Public and Damages to Existing Structures
a) The Contractor shall exercise caution at all times for the protection of persons
and property. All fines, penalties and/or repair charges resulting from the
Contractor's actions shall be the sole responsibility of the Contractor.
City of Santa Ana IFB No. 23-073 Page 13 of 26
.,SCOOF PE O.
b) The Contractor shall not permit placing or use equipment in such a manner as
to block vehicle traffic lanes or create safety hazards. The contractor shall be
responsible for the use of all appropriate warning traffic safety devices when
deemed necessary.
c) Methods proposed by the Contractor and approved by the City shall not harm,
deface or damage the item being serviced or the surroundings. The Contractor
shall protect in place all existing landscaping, irrigation, lighting, and other
items, at or adjacent to the monument location. In the event that damage is
caused, to any of the above mentioned, in the course of work, the Contractor
shall be solely responsible for its repair or replacement.
9. Barricades and Warning Signs
The contractor shall not close a sidewalk or street, or interfere with pedestrian or
vehicle traffic movement without first notifying the PM or designee and securing
permission to do so. When any section of sidewalk or street is closed, or access is
restricted, the Contractor shall furnish and maintain barricades, warning and directing
signs, along the entire area of closed and/or limited access within the limits of the
project in accordance with the California Manual of Uniform Traffic Control Devices
(MUTCD).
All expense incurred for furnishing and maintaining barricades, warning and directing
signs, flags and lights and any incidentals necessary for the proper direction, safety
and convenience of pedestrian and/or vehicle traffic during the contract period shall
be borne by the Contractor.
10. Work by Agency Forces Because of Non -Performance by Contractor
Should the Contractor fail to correct deficiencies or public nuisances that have been
created because of his/her operation, these will be considered to be of an emergency
nature, and will call for the City to move in on the project to take corrective action. Such
work will be done on a force account basis with an additional callout charge. There is a
minimum two-hour charge for labor on any callout plus an additional callout charge of
$150.
11. Markup
If markup is applied it shall not exceed percentages outlined below.
This section shall conform to Subsections 7-4.3 of the Standard Specifications and these
Special Provisions.
a) Work by Contractor. The following percentages shall be added to the Contractor's
costs and shall constitute the markup for all overhead and profits:
1) Materials..........................................................................................................15
City of Santa Ana IFB No. 23-073 Page 14 of 26
''"' , SCOPE OF WORK
2) Equipment Rental............................................................................................15
3) Other Items and Expenditures.........................................................................15
To the sum of the costs and markups provided for in this subsection, one (1) percent
shall be added as compensation for bonding.
b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 6(A) shall be applied to the Subcontractor's
actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in
excess of $5,000 of the subcontracted portion of the extra work may be added by the
Contractor.
12. Compensation
a) Invoices
The Contractor shall submit a monthly invoice by the 15th of the month to
the City for the services rendered in the prior month.
All invoices for work performed under this contract shall be submitted
electronically in a Microsoft Excel 2016 format or newer, or other format
approved by the City's Project Manager.
The invoice shall include the following:
• Contractor's invoice number
• Agreement number (provided by City)
• Work order number (provided by City)
• Work site address/location
• Before and after photographs
• Beginning and ending dates for services
• Unit cost, subtotals and total for invoice
b) Payment
Payment by City shall be made within thirty (30) days following receipt of proper
invoice, subject to City accounting procedures.
c) Extra Work
No new work of any kind shall be considered an extra unless a separate estimate
is given for said work and the estimate is approved by the City in writing before
the work is commenced.
City of Santa Ana IFB No. 23-073 Page 15 of 26
SCOPE OF WORK
E. LOCATIONS
See Exhibit 2 - List of Neighborhood Monuments and Exhibit 3 - List of Median Welcome
Monuments for potential work locations. Work locations will be determined and assigned
by City's PM on an as -needed basis.
City of Santa Ana 11713 No. 23-073 Page 16 of 26
EXHIBIT B
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 quantifies based on
current needs. Prlolna.must be Inclusive of all costs. inciddino but not limited to direct_and_Indired,ccsts.
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. 810 ITEM QUANTITIES
ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. 010 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 IFS No, 23.073 Page 17 of 26
-,, 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 Citys 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.om.
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. 23-073 Page 18 of 26
GENERAL TERM
S 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, includina death resulting there frnm 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. 23-073 Page 20 of 26
(a
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
City of Santa Ana IFB No. 23-073 Page 22 of 26
(a
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 at the job 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.
8. 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 IFB No. 23-073 Page 24 of 26
��x �
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.
City of Santa Ana IFB No. 23-073 Page 26 of 26
Santana, Jose
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Monday, October 2, 2023 12:44 PM
To: Lam, Jacques; Santana, Jose
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEbI ENT TO THE CLERK OF THE COUNCIL
Contractor Abajian Enterprise
Name:
Project TBD (033)
Number:
Project Consultant Agreement Between The City Of Santa Ana And Abajian Enterprise
Name: DBA Socal Removal
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:
POLICY
EXPIRATION
TYPE OF INSURANCE
COI DATE
FILE NAME
NUMBER
DATE
AUTOMOBILE LIABILITY
022643766
06/19/2024
09/19/2023
Certificate- 15.pdf
City -of -Santa -
Ana Abajian-
GENERAL LIABILITY
ENC000448504
05/01/2024
09/27/2023
Enterpr_23-24-
Master_9-27-
2023_1674173326.pdf
WORKERS COMPENSATION AND
913113523
05/01/2024
09/19/2023
Certificate-15.pdf
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
10/2/2023 3:44 PM
1