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HomeMy WebLinkAbout25H - AGMT - ON-CALL SEWER SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: AGREEMENTS FOR EMERGENCY ON- CALL SEWER AND WATER SYSTEM REPAIR SERVICES v CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with W.A. Rasic Construction Company, Inc.; Paulus Engineering, Inc.; and T.E. Roberts, Inc.; subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide emergency on- call sewer and water system repair services, for a three -year period expiring September 15, 2017, with provisions for a two- year - period renewal option exercisable by the City Manager and City Attorney, in an aggregate amount not to exceed $400,000 annually. DISCUSSION The City occasionally requires the services of independent contractors to assist in emergency sewer and water infrastructure repairs. These services may include supplementing City personnel, materials, and equipment required to take immediate action to prevent a system outage, restore services to normal operating conditions, and to maintain services during such an emergency. On July 11, 2014, the Public Works Agency issued a request for proposals (RFP) for emergency on- call sewer and water system repair services. Records show that 15 firms requested the RFP through the online bid board and a total of eight proposals were received. Proposals were evaluated by a selection committee for content and responsiveness to the RFP. The final scores are as follows: Name of Firm Scori W.A. Rasic Construction Company, Inc. 93.0 Paulus Engineering, Inc. 89.4 T.E. Roberts, Inc. 86.0 Mike Prilich and Sons, Inc. 84.5 Dominguez General Engineering, Inc. 82.6 GCI Construction, Inc. 81.4 MNR Construction, Inc. 75.2 Sancon Engineering, Inc. 66.5 25H -1 Agreements for Emergency On -Call Sewer and Water System Repair Services September 16, 2014 Page 2 Staff recommends W.A. Rasic Construction Company, Inc.; Paulus Engineering, Inc.; and T.E. Roberts, Inc., be retained for emergency on -call repair services. These three highest ranking firms have demonstrated that they have the experience and resources needed to respond to a variety of the City's needs during emergency situations. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Systems Maintenance account (No. 06017641 62300) and the Sewer Services account (No. 05617640 62300). Edwin "William" Galve , P.E. Interim Executive Director Public Works Agency EG /NS /RR APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement & Rate Schedule with W.A. Rasic Construction 2. Agreement & Rate Schedule with Paulus Engineering, Inc. 3. Agreement & Rate Schedule with T.E. Roberts, Inc. 25H -2 AGREEMENT FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH W.A. RASIC CONSTRUCTION COMPANY, INC. THIS AGREEMENT made and entered into this 16`x' day of September, 2014 by and between W,A, Rasic Construction. Company, Inc., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair of sewer and water infrastructure. B, Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a 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: I. SCOPE OF SERVICES Contractor shall perform emergency construction services for City requested repair of sewer and water infrastructure, on an on -call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit B, All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORT{ PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable tinder this Agreement, including but not limited to reports; as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable Iicense throughout the world to disclose, publish, translate, reproduce, and use such materials. 1 *7:1111a 25H -3 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended among all contractors providing these services shall not exceed $400,000.00 annually for the initial three - year (3) Term of this Agreement. b. The total sum to be expended during the subsequent two -year option period among all contractors providing these services shall not exceed $400,000.00 annually. Contractor shall provide updated labor and equipment rates annually. c. Payment by City shall be made within thirty (30) 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. 4. TERM This Agreement shall have an initial three (3) year Term, commencing on September 16, 2014 and terminating on September 16, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Tenn of this Agreement for an additional two (2) year period, on the same terms and conditions set forth herein. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25H -4 be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following. requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INTIEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted performing the work (including the negligent aid /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents; employees, vendors, suppliers, contractors; subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity 25H -5 shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. 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 shalt 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; (e) 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other cormunication 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Water Resources City of Santa Ana 220 S. Daisy Ave. (M -85) Santa Ana, California 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 25H -6 P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Contractor: W.A. Rasic Construction Company, Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 Telephone: (562) 928 -6111 Facsimile: (562) 928 -7339 Walter A. Rasic Jr. Vice President / Secretary 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 facsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 13, 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 temimation, subject to the following conditions: 25H -7 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.. 14, DISCRIMINATION Contractor shall not discriminate because of race, color; creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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, 25H -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: xt K Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Interim Executive Director - PWA CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: W.A. Rasic Construction Company, Inc. Walter A.'`Rasic Jr. President / Secretary VA 25H -9 AGREEMENT EXHIBIT A REQUEST FOR PROPOSALS (RFP) FOR ON -CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES BID # 14 -044 CITY OF SANTA ANA Santa Ana Public Works Agency 220 S. Daisy Ave., Building A Santa Ana, CA 92703 Rodolfo Rosas, P.E. Senior Civil Engineer (714) 647 -3379 Office (714) 647 -3346 Fax rrosas@santa-ana.org KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: Edwin "Willia'rn" Galvez, P.E. Interim Executive Director Public Works Agency July 11.2014 August 8. 2014 — 3:00 pm. September 16 2014 RFP #14 -044 — On -Gall Emerg2cwe yaad Water System Repair Services NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide On- Call Emergency Sewer and Water Repair Services. Responses to the Request for Proposals (RFP) will be accepted until 3:OOPM on August 8, 2014. If further information is required, contact Rodolfo Roses at (714) 647 -3379 or rrosasCo7santa- ana.ora All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.planetbids.com /portal /portal.cfm ?CompanvlD= 20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful Proposer must possess or obtain a valid California Class (A or C34) Contractor's license prior to the award of contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Attn: Rodolfo Rosas Public Works Agency City Corporation Yard, Bldg A 220 S. Daisy Avenue Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Rodolfo Rosas at rrosas(o)santa- ana.org. The receiving time in the Public Works Agency, 220 S. Daisy Avenue, Santa Ana, CA 92703 Dispatch Office, Building A, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. .' I�R' E9���77y�7� '3:IiIdF��'3_1T�[d��lll =l� IZi7kq16]1dF: irl [WgyJ V**SiIkFTC DO NOT FAX RFP RESPONSES. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services Page 2 25H -11 TABLE OF CONTENTS PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 5 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVII. PUBLIC RECORDS 6 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A— SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E — PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25Wei2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON -CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES The City of Santa Ana is seeking qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. A detailed Scope of Work and agreement terms are attached as part of the Appendix II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three years with an option to renew for two additional years. Upon completion of the selection process, the selected firms will be awarded a three year contract agreement for an aggregate amount not to exceed $400,000.00 per year expended amonast all selected firms. The Citv will select un to three firms to provide these services. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projected contract award date is tentatively scheduled for September 16, 2014 and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for an additional two year period upon written agreement and mutual consent between the contractor and the City Manager and City Attorney. The contract may be renewed once for a total agreement period of up to five (5) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2SHA 3 V. SCOPE OF WORK /SERVICES The scope of work may include any and all work efforts related to the Emergency Sewer and Water System Repair Services as set forth in EXHIBIT A— SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, governmental officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council. S. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2 5844 IX. INITIATIONXICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.planetbids.com /portal /portal.cfm ?CompanylD =20137 . No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25'1-1 =9 5 C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart. The project manager /principal agent shall be the primary contact person to represent your firm. Previous Project Experience: Proposer shall submit a general description of the previous related repair and construction work performed in the last five (5) years. Special consideration should be given to work performed on an emergency basis and work performed on water and sewer systems. EXHIBIT C — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealed fee envelope including proposer's personnel and equipment rates shall be submitted concurrently but under separate cover with the proposal. Costs shall be shown as described under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D — REFERENCES:— The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last five (5) years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G — NONCOLLUSION AFFIDAVIT G. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25Hg -16 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (30 %) 2. Personnel Experience (20 %) 3. Previous Project Experience (50 %) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII. PROTESTS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. C. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 20F9= y 17 Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25 -S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation - Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of policy cancellation and the references removed or X'd through. If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25H9i8 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SCOPE OF SERVICES GENERAL DESCRIPTION The City is soliciting proposals from qualified professional construction firms to provide on -call emergency repair services on an as- needed basis. The City will select up to three firms to provide these services. The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 MG with 45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. Contractor must be able to respond to City's request for emergency repair work in a timely manner. The contractor shall be available 24/7 and ready to respond in the event of an emergency. Service calls shall be responded to within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. II. SCOPE OF WORK The scope of work will include but not be limited to the excavation, procurement of materials, installation, backfill and paving and all other work necessary to complete the following types of tasks: The repair and construction of Vitrified Clay Pipe (VCP) and Polyvinylchloride (PVC) sewer mains ranging from 6" to 30" in diameter. a. The repair and construction of sewer manholes b. The repair and construction of sewer cleanouts c. The repair and construction of sewer laterals d. Dewatering of excavations e. By pass pumping f. Traffic Control g. Site remediation and cleaning RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2 5'9 9 The repair and construction of water mains (various materials including concrete cylinder and CML &C steel) ranging from 4" to 30" in diameter and related appurtenances. a. The repair and construction of system valves b. The repair and construction of pressure reducing valves c. The repair and construction of fire hydrants d. Dewatering of excavations e. Traffic Control f. Disinfection and flushing g. Site remediation and cleaning The repair and construction of water and sewer pump stations and related appurtenances which may include mechanical, electrical and piping components. Ill. SUBCONTRACTORS The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 2On -CIO EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "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 (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. 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 X firm. 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: DEFINITIONS (if any) TERMS AND CONDITIONS IqEESi4_;ZTu The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2S#- 2 1 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: I. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) 5. 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. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25Wn require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. 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 agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. 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 Workers' 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 One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. 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. 6. 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 its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 258=23 To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Public Works Agency — (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and aency Sewer and Water System Repair 2514 =24 unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. 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. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX per hour /per occurrence (see narrative) for such breach, in addition to any cost, fines, etc, levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Not necessary if no Santa Ana employees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS — On -Call Emergency Sewer and Water System Repair Services 258=25 Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. 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 clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25 Z6 APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Assistant City Attorney ED FOR APPROVAL: CONTRACTOR XX Executive Director X Agency Tax ID# =ncy Sewer and Water System Repair Services 2SW27 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per iob classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS PRINTED NAME OF AUTHORIZED TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044— On -Call Emergency Sewer and Water System Repair Services 251448 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer r_Nrllr 3 Contract Amount: Description of supplies, equipment, or services provided: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. mcy Sewer and Water System Repair Services 2314 -29 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 251440 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2S#Tx31 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 2514=332 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT 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. Signed State of California, County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 261-13 3 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative SAMPLE ONLY RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2 514=4 25H -35 a GENERAL PNGMERrNG CONTRACTOR August 8, 2014 City of Santa Ana 20 Civic Center Plaza M -36 Santa Ana, CA 92702 Attention: Mr. Rodolfo Rosas Reference: On -Call Emergency Sewer and Water Repair Services Request for Proposal Subject: Transmittal Letter Dear Mr. Rosas, W.A. Rasic Construction, with a 30 -year track record of successful project delivery, is capable and committed to providing the appropriate resources required to fully support the City of Santa Ana on a wide range of projects system wide. Our strong qualification for being considered by your firm for future projects are based, in part, on our experience, which includes constructing some of the most difficult projects in the Western States, and our wide - ranging expertise as it relates to construction of petroleum pipelines, fueling facilities, large water diameter pipelines, sewer facilities, treatment facilities and civil projects- In addition, we will provide the City of Santa Ana with an extremely well rounded and qualified team, composed of dedicated and experienced team members. Our efforts in preparing the prequalification submittal for this project have involved performing a detailed analysis of the City of Santa Ana's requirements and assembling a team with extensive and relevant experience to ensure project goals are met. W.A. Rasic Construction will provide the following distinct and unique benefits to the City of Santa Ana: • Superior safety program and commitment to safety at all levels (2014 safety record EMR of .74) • Rapid response with personnel, equipment, and materials to emergencies of almost any nature • The assembly of an on -site project team with extensive experience constructing challenging projects • Project team with extensive experience as it relates to working on water and wastewater systems • The commitment of corporate management to provide the depth and quality of personnel, financial resources and personal involvement as necessary to successfully deliver projects with the highest level of quality regardless of size • A complete team that understands that a sound and flexible project approach, competitive pricing, and partnering will ensure project goals are met We look forward to your favorable consideration of our prequalification submittal and the opportunity of working with the City of Santa Ana on your upcoming projects. Sincerely, W.A. Rasic Construction Company, Inc, Walter A. Rns0 Vice President / Secretary 4150 Long Beach Boulevard, Long Beach, CA 90807 - 562- 928 -6111 - fax: 562 - 928 -7339 - www.warasic.com state contractor's license #A368761 25H -36 bR OQSAL Id,044 ?Mi2C+ SEWER AND WATER REPAIRS ENCY QUALIFICATION STATEMENT For over 30 years W.A. Rasic Construction has been constructing infrastructure projects with a focus on quality workmanship and meeting client needs, regardless of the circumstances. Starting by focusing mainly on public works projects involving water, sewer and storm drain facilities allowed the company to form a solid foundation from which to evolve from. Today, W.A. Rasic Construction is one of the largest privately held civil construction companies in the Western States constructing a variety of projects working with numerous water agencies, utility agencies, developers, and private owners on projects that are too numerous to list. These projects involve water service installations, pump station construction, water treatment facilities, fueling systems, security systems, infrastructure projects at the major theme parks in Southern California, construction of concrete facilities (structural & flat work), construction of underground electrical and communication facilities and, of course, responses to emergency calls for numerous clients. Almost every day we respond to an emergency for one of our clients. The emergencies our firm responds to range from one -inch service leaks to major transmission main repairs. It is very common to see multiple crews out on emergency calls on a daily basis throughout our service area. Leveraging our skilled pool of team members and our extensive fleet of owned equipment, W.A. Rasic Construction provides and maintains one of the most comprehensive emergency response programs in Southern California. With our proven ability to perform regardless of the size or location of the emergency, it is no wonder that W.A. Rasic Construction responds to more emergencies than virtually any other contractor in Southern . California. W.A. Rasic Construction will provide the following distinct and unique benefits to the City of Santa Ana On -Call Emergency Sewer and Water Repairs Contract: so we can respond & complete emergency repairs regardless of the time of 25H -37 • Efficient & flexible system able to handle projects ranging from $2k to $100 million • Ability to respond rapidly should the need arise, with consideration to ensure best value ■ Extensive amount of company resources available to take on any project(s) regardless of time of day /night or size of project(s) ■ Emergency response plan in place to handle catastrophic events like major earthquakes • On premises fuel (all locations) and resources to facilitate extended operation without outside resources being available ■ Satellite communication capabilities ■ The assembly of a project team with extensive experience working under contracts of a similar nature • Large fleet of company owned equipment compliant with the most stringent emissions standards in the country �r Team with an objective to form long term, mutually beneficial relationships with clients F�a by way o£ consistently providing quality products at a fair price Agreements in place with critical material suppliers and rental companies for after -hours so we can respond & complete emergency repairs regardless of the time of 25H -37 Ij Y Eif1lER AND WATER REPAIRS � SCi LeZ \`t ■ A complete team that understands a sound/ flexible project approach, competitive pricing and partnering with all parties to ensure project goals are met The following is a small sample of recent / relevant project experience: - Response to over 500 emergencies in calendar year 2011 (multiple agencies and private owners), with similar amounts in 2012 through present - LADWP River Supply Conduit — Lower Reach involved 11,200 If of 96" steel water pipe, 1,434 if of 108" jacked casing, metering vaults and extensive traffic control - LADWP City Trunk Line South Unit II involved installation of 12,800 If of 30" to 66" steel water line of which 3,000 if will be installed via earth pressure balanced TBM - MWD Colorado Rehabilitation Project involved over 250 personnel spread out over a 230 mile section of the Colorado River Aqueduct working 24 hours a day 7 days a week to comply within a strict shutdown period - Fort Irwin Design/Build wastewater treatment plant, pipelines & related civil improvements - RWD modified Design/Build reclaimed water transmission & distribution systems involving some 80,000 if of piping and excavations to 28' deep - LA County Sanitation District Joint Outfall "C" involved the installation of 5,6001f of 90" RGRCP T -Lock pipe with significant amount being installed via tunnel method - EMWD Murrieta Pipe Bursting Project involved the installation of 5,800 If of 20" HDPE installed by bursting method to upgrade existing 12" & 15" VCP sewer - MWD Perris Valley Pipeline North involved the installation of 2.7 miles of 96" & 108" steel water line, open face tumel section, cast -in -place valve vaults & metering facility and extensive hard rock excavation - Disneyland Resort BOH Facility Enhancement project involved extensive relocations of existing utilities and installation of new water, sewer, air, gas, chilled and hot water systems, earthwork and paving improvements Our ability to respond to your firms needs under this contract can be seen in our comprehensive emergency response call out system that is in place and our facilities located in multiple cities and supplemented by resources from our on -going construction projects throughout Southern California. Although our corporate facility is located in Long Beach, our operations facility in Bell Gardens and satellite locations in Perris, Las Vegas, & Rio Vista give us a significant presence and ensure our ability to provide your firm with the necessary services as we do with many other agencies in the area. Y With the location of our yard, equipment, and frill -time staff we can respond within two hours from receiving an emergency call, with most being responded within an hour. We have fully ajori yof equipment and tools necessary oecomplete the repairs. attach to which provide the etup for after -hours emergencies. We maintain a list of employees who have made ✓ailable for such work. We also maintain emergency numbers for our key water 25H -38 EwSEWER AND WATER REPAIRS works suppliers that can also make materials available 24 -hours a day. We normally respond within two hours for after -hours emergency work. WA. Rasic Construction is one of the largest privately held utility and heavy civil contractors in the Western States. Constructing a wide range of projects, varying in size from $2,000.00 to $60,000,000.00 under a multitude of delivery methods, W.A. Rasic Construction stands out as a truly diverse civil company focused on safety, quality, teamwork and developing long lasting client relations. Emergency Services Provided and Clients These are a few of the types of services that W.A. Rasic performs on an emergency basis: • Water, Sewer, Storm, Petroleum, • Hazardous Waste Removal Chemical, Gas Repairs • Asphalt and Concrete Repair • Shoring — All Types • Bypassing & Dewatering • Traffic Control & Flagging • SWPPP /BMP Implementation • Grading & Excavation Some examples of the clients that W.A. Rasic has performed emergency services for include: • City of Cerritos • Moulton Niguel Water District • City of San Juan Capistrano • City of Los Angeles • County of Los Angeles DPW • City of Chino Hills • City of Anaheim • hrland Empire Utilities Agency • Chino Desalter Authority • Golden State Water Company • City of Industry • Grange County Water District In addition to these we service calls for emergencies daily from other municipalities, agencies, and private clients. Insurance W.A. Rasic Construction maintains general liability and workers compensation insurance that meet the requirements for this RFP. Insurance certificates naming the City of Santa Ana will be ,,- ; provided at time of contract award. id Eouinmem Rates to attached sealed envelope containing W.A. Rasic Construction's labor and ates, valid July 30, 2014 thru June 30, 2015. Zt 25H -39 N�SA1�14 044 - �EWER AND WATER REPAIRS u Ia State Certifications • General Contractors License A368761 • Qualified SWPPP Personnel (QSPs) Emergency Contacts • Primary Contact— Shane Sato (310) 864 -0278 • Alternate Contact— David Lee (310) 864 -0417 Kev Personnel Shane Sato — Division Manager /Principal Agent; BS /Civil Engineering/University of Hawaii at Manoa, 1996; Engineer in Training (EIT); Southern California Water Utilities Association Shane has over 18 years of experience, ranging from pipelines and plants, to heavy civil, highway infrastructure and underground utilities. He has worked on many various types of construction projects throughout the country. In addition to managing the work he is knowledgeable in managing labor forces, risk, maintenance programs, insurance, right -of -way acquisition, public relations, and scheduling. He has served as Project Manager, Superintendent, Project Engineer, and Estimator for projects ranging from $1,000 repairs to $1.75 billion design - build efforts. David Lee — Vice President /Alternate Principal Agent; California Institute of Technology / SVC -CE Program; SVC Project Management Certified; BS /Construction Engineering, California State Univeriity, Long Beach, 1992; AA/General Education /Hartnell College, 1989; American Water Works Association and Southern California Water Utilities Association. David has 24 years of experience, ranging from pipelines and treatment plants, to roadways and underground utilities. His synergistic management expertise is based on his working "both sides of the desk" in construction and design, having spent many years as a tradesman. He has served as Project Principal, Project Manager and Estimator for projects ranging from $5,000 water services to $90 million design -build efforts. Gene DeTinne, CHST — Safety Director; Certificate Occupational Health & Safety Manager; Construction Health and Safety Technician C3118; Associate Safety and Health Manager fety Representative 5392 -98; Certified Gas Tester G659 -98; Authorized 10 & 30 hr. LTrainer 510 & 500 OSHA; Authorized Trench & Shoring Instructor (Cal /OSHA); ain the Trainer Confined Space Entry; Certified 40 Hour Hazmat; AA/1968 /General Bernardino Valley College; Cal State University San Bernardino Environmental ice; Previous California State Contractors License holder C34; Medic First Aid & Engineers; Southern California Contractors Association; Past Program of Southern California; Past Board member Associated 25H -40 { OSAl.14.044 C, EN Y EWER AND WATER REPAIRS Gene has 32 years of experience as a Safety Professional in the pipeline / heavy civil construction industry. He has experience in all aspects of safety coordination / management in and up to 200 projects at a time. His expertise includes projects for the oil, gas, water, wastewater and underground utilities industries. He coordinates and provides the training for all field personnel as required by State and Federal Laws. In conjunction with his staff of safety professionals, he performs site safety audits to ensure full compliance with client requirements and as directed by law. Wes Brodeur — Project Manager; BS /Civil Engineering /California State University, Long Beach; Primavera/SureTrac certified Wes has 23 years of heavy civil project experience, with a focus on pump stations, sewer, and water and storm drain systems, mechanical, roadways, and structural facilities in the Public Works marketplace. He is well versed in civil and mechanical construction and takes a hands -on approach to managing all aspects of a project. With a strong engineering background, coupled with an intense focus on up front project planning and development of the project team, Wes successful delivers projects on time and on budget. Maria Pasaba — Project Manager; BS /Civil Engineering /Technological Institute of the Philippines, 1986; Associated General Contractors (AGC); Engineering General Contractors Association (EGCA); Certificate of AGC Storm Water Management Basics; Certificate of Completion AGC Project Management Class; Certificate of Completion of SSPWC Greenbook Principles; Certificate of Completion for Primavera Planning and Scheduling 3.0 & 5.0; Certificate of Completion City of San Diego Traffic Control Plan Preparation and Procedures; Southern California Water Utilities Association Maria has 23 years of experience in the Civil Construction Industry working on projects including the construction of pump stations, water reservoirs and underground utilities. She is highly skilled at multitasking and has the ability to estimate / manage multiple jobs at a time, successfully. Bryan Kier — Superintendent; American Water Works Association; Confined Space Certified; Certified Competent Person; First Aid Certified; Asbestos Pipe Workers Training; Safety Trained Supervisor Certified Bryan brings 15 years of civil construction experience in the pipeline industry has allowed him Jo coordinate effectively with multiple municipalities. He has the ability to communicate with field,.and office personal in order to facilitate a project successfully. Bryan's punctuality, safety consciousness time management and attention to detail provide the means to rum and manage his ;ale -- Superintendent; Member, California Water Association; Primary Non - Jfficer School U.S. Army; Southern California Water Utilities Association; Safety visor Certified 25H -41 MIRRIN-1i D WATER REPAIRS x Mike has 31 years as a Superintendent and Foreman working with contracts and projects from $1,500 to $5 million. He has hands -on knowledge of water, sewer, storm drains, emergency repairs, grading, paving, and concrete work. He is a problem solver and efficiently coordinates with three to six crews simultaneously. Mike also communicates effectively and cooperates well with owner representatives to complete the project. Gary McCredie — Superintendent; BS /Business Administration/San Jose State University, 1983; Water Distribution Certificate — Grade 3; Water Treatment Certificate — Grade 2; Southern California Water Utilities Association; American Water Works Association; Competent Person Certified Gary has over 33 years of experience installing water mains, sewer mains, storm drains, and dry utilities. He has worked both in the field and the office allowing him to effectively communicate with all those involved on a project. Thomas Murdoch — Superintendent; Estimating, Blueprint Reading, Concrete and Masonry; Inspection/Fullerton Jr. College, 1979 Tom has over 22 years of experience in construction. He is primarily involved with commercial work — from premier theme parks to exclusive hotels and country clubs — including tilt -ups, parking structures and underground utilities. Tom specializes in concrete work and is adept at working from complex engineering sketches, blueprints and elevation readings from surveyors. Keith Fouts — Project Engineer; BA /Liberal Studies / Califomia State University, Fullerton, 2007; AA/General Education /Fullerton College, 2002; Qualified SWPPP Practitioner (QSP); Certified Inspector of Sediment and Erosion Control (CISEC) Keith has 5 years of experience as a project engineer, utilizing skills required to plan, schedule, and coordinate activities for multiple projects running concurrently. He has experience in allocating labor and equipment resources to assure projects continue moving forward with no work stoppage. Dustin Do — Project Engineer; Orange Coast College, Costa Mesa, CA (2002- 2005); Cert. of Completion for a Professional Upgrade in Basic Carpentry; Cert. of Completion for a Professional Upgrade in Const. Field Management; AA /GE Certificate for Transfer to Cal State School; California State University Long Beach (2005 -2008) - Bachelors Degree in Construction has 11 years of experience, ranging from residential construction to schools and airports. has served as field tradesman, field engineer, project engineer, BIM coordinator, 3D ;r, estimator, permit expeditor, & assistant project manager. 25H -42 0 n, WE- 44 (SEINER AND WATER REPAIRS Typical Emergency Response Procedure As explained in our Qualifications Statement, W.A. Rasic Construction maintains a large fleet of company owned equipment and employs a large number of skilled professionals. We intend to fully service the City of Santa Ana, as we have previously, by handling your entire scope of emergency needs quickly, efficiently, and safely. If awarded the contract for On -Call Services, W.A. Rasic would provide the City with a list of personnel to call that are available on a 24 -hour, 7 -day a week basis. Once a call is received from the City for an emergency, it immediately becomes our emergency. Our emergency action plan is activated and people immediately begin working toward resolving the City's problem. A superintendent is immediately contacted and assigned as point. Calls are then made to our Dispatcher to assist in contacting employees, equipment rental companies if necessary, and key suppliers. Multiple simultaneous calls are made. The superintendent or foreman immediately begins driving to the location of the emergency for immediate assessment of resource needs. He or she conferences with the City's onsite representative to make sure they are on the same page. Calls are made to adjust necessary resources so that costs are minimized. Assessment of site safety is the first order of business, appropriate vehicle and pedestrian control is considered, and then excavation safety. Equipment, employees, and materials begin arriving on the jobsite in short order. Safety is reviewed and then the tasks and method of repair. Then the crew begins immediately working to resolve the emergency. After the emergency has been resolved, W.A. Rasic Construction field crews work with the governing agency to ensure the job site is restored to existing or better condition, and is cleaned up to the satisfaction of the agency. Relevant Project Examples A Recent Example of a Typical Emergency Response: On Sunday, July 20, 2014 at IAM W.A. Rasic Construction responded to an emergency call for Golden State Water Company, A 6 -inch DIP water main had burst in Los Angeles. Our after -hours emergency response plan was initiated by our superintendent. A crew was immediately contacted and dispatched to the site. Our dispatch yard quickly sent out the necessary equipment and materials for the repair. The traffic control was setup, the line was excavated and shored, the leaks identified and the pipe " " replaced, tested, and put back into service. The area was backfrlled, paved, and the roadway sxample of a Non - Typical Emergency Response Project: On Wednesday, July 16, Rasic Construction responded to an emergency leak for the Inland Empire Utilities iUA) at their Chino Desalter I1 plant. A caustic soda line was discovered leaking in 3und concrete pipe trench. W.A. Rasic Construction mobilized to the site and M. 25H -43 I, 'I evaluated the conditions with Chino Basin Desalter Authority (CDA) and IEUA staff. During the investigation we discovered leaks on the HOCL lines, as well as heavy corrosion on their 27" PRP flanges caused by the caustic and acidic chemical leaks. W.A. Rasic Construction quickly shutdown the lines, dewatered the chemicals with CDA's plant staff for proper disposal, obtained the specialty pipe and fittings, and repaired the lines. During that emergency work we also responded to a critical 93% sulfuric acid leak at the plant. W.A. Rasic Construction field staff called our safety management to quickly mobilize to the site with the correct PPE for such a hazardous chemical and hold an onsite safety meeting before the crew excavated, shored, and identified the leak on the sulfuric acid line, W.A. Rasic Construction stockpiled the contaminated soil for proper manifesting and disposal. W.A. Rasic Construction responds to hundreds of these types of calls annually. As such, there are too many to list within this qualification package. Emergency response is one of the core segments of our company and we understand the urgency of a timely repair. We qualify for many of these contracts, receive renewals, and receive numerous calls because of our history of timely response, quality repair, on -site safety, and cost efficiency. W.A. Rasic Construction basically gets it done when it counts the most. Please see the attachments for additional W.A. Rasic Construction project references. Commitment to Safety W.A. Rasic Construction is a family -owned company and treats its work and employees in the same manner. Each individual is an important part of the company's family. As such, the ability of each employee to return to their respective families at the end of the work day is of paramount importance. The following are a few items that will reinforce how serious W.A. Rasic Construction views safety: • W.A. Rasic has an EMR of 0.74 for 2014. • W.A. Rasic Construction has an in -house staff of safety professionals that monitors and controls all aspects of safety throughout the company • Annually the company invests thousands of man -hours into safety training • We have a training facility located at our Bell Gardens Operations Facility used for confined space training, competent persons training, new hire orientation, acid seating for all other large scale training classes. • We partner with our insurance carriers to provide additional training for our employees i from industry experts. ` • W.A. Rasic Construction crews hold safety meetings on a daily, weekly, and monthly basis. In addition the company holds an annual safety gathering for all supervisory and key personnel to review the past year's safety performance, gather key ideas on how to improve, and re- emphasize the company's goals of zero accidents. nv �' 4N N, 25H -44 PROOSAL �4 -044 ENCY RAND WATER REPAIRS 4 MC 44r.. xt� 6 The company provides positive reinforcement of safety through its safety awards program. Candidates from each division of the company are chosen for their above -and- beyond emphasis on safety demonstrated on the jobsite. They are given cash or other incentives in addition to being recognized company wide. Quarterly and annual awards are also given. These help provide additional motivation to every member of the company, but especially those with "boots on the ground." Supervisory personnel are trained at a minimum in: confined space entry, OSHA excavation/competent person training, first aid and CPR, driving safety, drug and alcohol safety, and weekly training of OSHA requirements. Other select supervisors and employees are trained in jobsite specific hazards such as: asbestos pipe removal, special training for work in gas and oil industry including refineries, federal /military safety training, etc. W.A. Rasic Construction employs a very strict disciplinary program to deal with safety policy violations We continually reinforce to all employees that we secure a significant amount of our work from invite -only / select bid lists. If we are not a safe company, our clients will select someone else who is, resulting in less work and hours for everyone. 25H -45 �A ;i�MS ,�AL.;fi4 =U4d b $EWER AND WATER REPAIRS EXHIBIT C Proposers Certification and Proposal Item Pricing 25H -46 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Pro all Mch a separate hourly rate schedule with hourly rates for staff per job classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. W.A. Rasic Construction Co., Inc. (562) 928 -6111 (562) 928 -7339 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 4150 Logg Beach Blvd. Long Beach CA 90807 BUSINESS ADDRESS 95- 3276974 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND PROPOSALS THAT DO NOT CONTAIN THIS FORK -ncy Sewer and Water System Repair Services Page 19 25H -47 EXHIBIT D References 25H -48 W.M1.RM19ICCOM1bt11LCYlOY EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Rowland Water District Address: 3021 S. Fullerton Road Rowland Heights. CA 91748 Contract Amount: Varies - from $325,00 to $5,194,427.00 Description of supplies, equipment, or services provided: Emergency Water Repair Projects from 2004 to Present Reference Customer Name: City of San Juan Capistrano Address: 32400 Paseo Adelanto San Juan Ca istrano CA 92675 Contract Amount: Varies - from 593.00 to $46,370.00 Description of supplies, equipment, or services provided: Emergency Wet Utlllty Infrastructure Repair Projects 2011 to Present Reference Customer Name: Inland Empire Utllitles Agency Address: 6075 Kimball Ave. Chino, CA 91708 Contract Amount: Varies - from $1,352.00 to $685,876.00 Contact individual: Markserna Phone Number: 562 697.1726 Facsimile Number: (562) 697 -6149 Year: 2004 to Present Contact Individual: Tom Johnson Phone Number: (949) 467 -4310 Facsimile Number: (949) 493 -1053 Year: 2011 to Present Contact Individual: Ric Serna Phone Number: (909) 306 -6701 Facsimile Number: 909) 993 -1983 Year: 2010 to Present Description of supplies, equipment, or services provided: Emergency Wet Utility System Maintenance and Repairs, 2010 to Present THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 20 25H -49 WATER REPAIRS EXHIBIT E Proposer's Statement a 25H -50 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP Firm W.A.. Rasic Construction Co.. Inc. Signed and Printed Name: �1/1 Title Vice Pres. /Se Date August 7> 2014 Walter A. Rasic. Jr THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. #14 -044 — On -Call Emergency Sewer an Page 21 25H -51 §yk CY SEWER ANC! WATER REPAIRS EXHIBIT F Certification of Nondiscrimination by Contractor 25H -52 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The contractor shall send to each labor union or representative of workers with which he 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 contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United Page 22 25H -53 States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm W.A. Rasic Construction Co., Inc. Signed and Printed Name: Walter A. Rasic Title Vice Pres./Secretary Date August 7,2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 23 25H -54 M, rel"!44 GY SEINER AND WATER REPAIRS EXHIBIT G Noncollusion Affidavit 1 25H -55 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT 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 es. Isec. Los Angeles Sybscribed and sworn to (or affirmed) before me on this �4h day of _Bvc� 5U �% 20, by �tl t , proved to me on the basis of satisfactory evidence to be the persbn(s) who appeared before me. Nota ublic Signature THIS PROPOSALS' TANYA C. ROMERO LQ COMMI&alOn # 1929020 Notary Public - California a Los Angeles County M Comm. Expires Mar 18, 2015 Notary Public Seal ST BE COMPLETED AND INCLUDE. IOT CONTAIN THIS FORM WILL BE — On -Call Emergency Sewer and Water Page 24 t, �, 44 AND U'Y,SWER AND WATER REPAIRS ORGANIZATION CHART A 25H -57 25H -58 0 mullovin-116;D WATER REPAIRS PROJECT REFERENCES MML 25H -59 W.A. RASIC CONSTRUCTION COMPANY, INC. REFERENCES OWNERIAGENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE Since 1978, W.A. Rasic Construction has the ability to constructs wide range ofprojects both in terms orsbre and type. From $5,000 utility installations to multi- million dollar pipeline projects, W.A. Rasic Construction has constructed some of the most difli civil construction projects in the Western United States. Our capabilities include Water / Wastewater (Transmission /Distribution / Treatment) Pipelines, Storm Drainage, Concrete Facilities, Dry Utilities (communication /electrical), Mechanical Piping, Petroleum Systems, Demolition and Crushing, Inspection Services, Design -Su/ld Projects, Extensive Shoring, and Emergency Response Services. We proudly stand as one of the few contractors with the flexibility, diversity, and capability to span the full spectrum of civil construction. While self - performing over 1,000 contracts yearly, W.A. Rasic Construction has listed below some of our signature projects that represent over 400 million dollars In project references. For addltional project references, please contact W.A. Rasic Construction or visit our website at www.warasle.com. COUNTY OF SAN LUIS OBISPO Los 01 Ca Um 14 $29,425,D00 James Bradley, P.E. (805) 001 -6162 Los Cape Wastewater Collection System ProjectAreas 8 &C This project involves the Installation of 81,306df of Sewer gravity mains ranging In size from 8 to 18 inches, 17,515 -If of Sewer force mains ranging from 3 to 16 Inches, 283 manholes, 1,757 service laterals, 27,0194f of fiber optic conduit, and 27,264 -If of, recycled ar luent force mains ranging from 2 to 12 inches, The project also included Wet Wells and ancillary items consisting of one Pocket Pump Station, three Duplex Submersibel Stations, and one Triplex Station, Other work includes an effluent disposal system consisting of site preparation and 19,77641' of subsurface perforated pipe and arched infiltration chambers This environmentally sereifive project will provide wasmater collection, conveyance, Vestment, and recycled water reuse for the Los Osos communfly that is current unsewered and utilized septic tanks, ORANGE COUNTY PUBLIC WORKS Yorks Linda, Ca — dm.13 $41,650,000 Ju Kim (714)975-0126 SARI Relocation Including Metering Station iu khro@oCaw ocao tom This project involves the installation of 20,630 -If of 54" FRP Sewer and associated structures along the Santa Ana River to replace the aging existing 42" Interceptor Sewer. Open cut Installations range from 1 V to Whoop along the existing levee roads. There Is also 2,808 -If of 84" RCP casing installed via Slurry Microtunneling method, up to ten tunneling shafts at depths to 70' deep, concrete inlet and outlet structures, a below ground metering station, and elaborate dewatedng system. This highly orchestrated project includes mitigation measures for wild life, native plants and birds, bicyclists, and campers within the project site LOS ANGELES WORLD AIRPORT Los Angeles, Ca March 13 $30,000,000 Tyler Chappell (310) 351 -5907 Central Utility Plant Replacement Project Construct chilled water supply and return lines, hot water supply and return lines, domestic water supply, reclaimed water supply, underground power and communication systems to supped the new Central Utlllty Plant (CUP) In the wards 61h busiest airport. Project includes providing BIM modeling for all portions of the underground work, excavation and the installation of beam and plate shoring for the majonly of the 18 miles of total new piping installation, Other work includes cast in place vaults, extensive traffic control, tunneling underneath word way Into the new Tom Bradley International Terminal and asphalt restoration. CALLEGUAS MUNICIPAL WATER DISTRICT Moorpark, Ca Oecembervl2 $6,275,000 Shonna Summer, P.E. (805) 579 -7156 Emergency Pipe Procurement and Storage Procurement of emergency steel pipe, liners, cylinders, fittings, and appurtenances varying in size from 14" diameter to 72" diameter to be stored onsite for future emergency repairs to Calleguas MIND facilities This work also Includes site work and grading to place and bury selected pipe and filings underground for storage, above ground cylinder storage bays, and construction ofaprefabricated metal building warehouse, YUCAIPA VALLEY WATER DISTRICT San Bemerdino, Ca August-18 $9,350,000 Brent Anton (009) 797 -5118 Yucaipa Valley Regional 8dneline Extension Phase 3 Construction of 24,40Ddf of 20" HOPE birr ins throughout three cities Through existing streets, right-of-ways, and beneath two waterways. In addition 2,300 -If of 20" HDPE to be installed via directional calling under San Topics Creek and the Santa Ana River at depths jilietler than 65' deep and 1,800 -If of20 "HOPE to be installed via jacked casing In six locations. L.A. COUNTY DEPARTMENT OF PUBLIC WORKS Lang Beach, Ca January,12 $24,256,012 Ali Zadeh (626) 4563104 Termino Avenue Drain The installation of 6,300 linear feet of Cast -In -Place and Precast Reinforced Concrete Box Culvm ranging in sizes up to Double 9'wx 8'h; 8,800 linear feet of 72" to 18" RCP Storm Drain Piping, 1.200 linear feet of 78" Direct Jack and Bare RCP, and over 100 Catch Basins equipped Win trash excluder screens and filtration, Other work includes construction of a Low Flow Diversion Structure to capture and divert non -storm event runoff to existing sewers, installation of a temporary Sheet Pile Cofferdam, utilization of a groundwater treatment system capable of treating over 1.1 MGD, and removal and reatment of 6,900 tans of hvdrocarbon contaminated soils,. LDS NGEtE8 DEPARTMENT of WATER &POWER Los Angeles, Ca anticipated $18,135,518 Charas Ngo (213) 3672319 River Supply Conduit - Unit 3 March42 The installation of 11,200 linear feet of 96" CML&C steel pipe utilizing hydraulic pressed In sheet pile to protect the existing 1940's vintage 66" RCP was dine running parallel to the proposed pipeline. The project will also require 1,400 linear feel of 108' diameter jacked steel cast , three concrete vaults and a 220 fool deep anode ground bed. 25H -60 W.A. RABIC CONSTRUCTION COMPANY, INC. REFERENCES OWNERIAGENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE LOS ANGELES DEPARTMENT of WATER & POWER Los Angeles, Ca March -12 $38,703,497 Ali Sabouni, P.E. (213) 367.2637 City Trunk Line South - Unit 2 The installation of 10,400 linear feet of 66 "CML &C steel pipe. The majority of the pipeline will be Installed via open Cut me8wds and 2,100 linear feat will be Installed by tunneling utilizing an earth pressure balance machine (EPBM) at 78" diameter.. The entire open cut installation will be installed utilizing solid sheet ahohng and hydraulically pressed In sheet pile. Pipeline and tunnel construction up to depths of 40', The progress of the work will be controlled via a City mandated meuix of 8 hirefter, shotdawas, 7 flared sequences; Including 32 work areas and various lie-'m connections. EASTERN MUNICIPAL WATER DISTRICT Models, Ca Agnl40 $5,036,708 Gabe Necochea, P.E, (951) 9283T77 Murrlata Area Sewer Improvement Project x 4475 The rehabilitation of 5.800 linear feet of existing 12" and 15" VCP gravity sewer by ullllzing the pipe bursting method. The Fax (951) 928 -6111 pipe will be replaced by pneumatically bursting the existing pipe and then winching In a new 20" HOPE pipe. The pipeline alfgnment transverses sensitive biological and environmental areas requiring multi- agency cooperation. Otherwork Includes sewerb rising, replacing sewer manholes, extensive dewatedn and treatmentand roadwa restoratlon, LOSANGELES CQUNTY SANITATION DISTRICT Cemon, Ga November -m $21,350,586 Russ Vold is (310) 830 -6050 Joldt Outfalf "C" Unit 1 Relief Trunk Sewer, Phase 1 The installation of 41400 linear feet of 90" PVC Lined RCP Sewer placed In a 124ciot diameter dh-and -lag tunnel and 1,200 linear feat Installed by open cut method to depths ranging from 20-30' feet deep, Other work Includes 400 Inear feet of 10" Jet Fuel line relocation to accommodate the deep tunneling shafts as well as the installation of cost in place concrete Junction Structures, Angle Point Structures, manholes, live sewer tie-ins, and restoratlon ofaxlalln Imevernanta. CITY OF ANAHEIM Anaheim, Ca November -08 $3,900A00 Caster Williams (714) 766-5176 City Switching Stations No. 10, 11, and 12. The installation of 12,200 linear feet of encased 121kv duct bank and 17 Pre -cast structures, Other work included removal and replacement of the asphalt roadway and concrete restoration. The project required multiple headings, mutiple shifts and cocrdlna0on with the Dlannyleod Resort as well as Calhsns. JOHNSON-PELTIER E ECTRIC Anaheim, Ca November 0B $4,600,000 Tam Fuetle (502) 944 -3406 1211 Upgrade at the Disneyland Resort The installation of 10,000 linear feet of duct bank, associated grounding grid as well as 30 precast eiecthcal structures, concrete, equipment pads, relocation of various ufiiities to facilitate precast structure Installation, and restoration of existing Improvements throughootthe Disn land Resort METROPOLITAN WATER DISTRICT Perils, Ca December 05 $40,700,918 Wally Lieu (213)435 -2727 PERRIS VALLEYPIPELINE- NORTH REACH 'rho installation of 2.7 miles of owner furnished 96" and 106" Steel Pipe at depths up to 60' deep. Other work includes beat in place concrete vaults, butterfly valves, flow meters, tunneling through solid rack, extensive rock removal and blissfinflu dewated , blow -of anjair vac installat ion, and complain roadway removal and replacement EASTERN MUNICIPAL WATER DSTRICT Marano Valley, Ca Nov -08 $5,60%000 Kad Roland (951) 928 -3777 CACTUSAVE FEEDER PROJECT x 4442 The Installation of 2.6 miles of EMWD Furnished 48" Steel Pipe. Other work Includes the installation of 48" Butterfly Valves, Fex(951) 928-6111 COL 640 linear fee! of 66" Casing tig Bore and Jack Operation, Air Releases, and Blow -Off Installation. EASTERN MUNI EASTERN WATER DISTRICT Temecula, OR Apr -08 $3,469,904 Bruce Ross (961) 9283777 OESIGN•8Ul -DIA2 FORCE MAIN EMERGENCY REPLACEMENT x 4451 Provided engineering design and installation of 6,400 I.J. of 24" PVC Farce Main. Other work Included the installation of a Fax (951) 926 -6111 dowalo6m; system, Installing 320 feet of 60" casing by bore and sok malhod, sewer b� • satin , and me restoration EASTERN MUNICIPAL WATER DISTRICT BANJACINTO August -O6 10;021,745 Gabe Necochea, RE: (951) 928-3717 NORTH SAN JACINTO SEWER PHASE 11 x 4475 The installation of 3,500 LF of 24" & 27" Amitech Polycres Pipe by Microtunneling, 4,500 LF of i8" & 24" PVC Fax (951) 928 111 pipe byopeh Cut Instaiiaflon, Beam & Plate Shortng, Extensive Dewaladng and Sewer By- Passing METROPOLITAN WATER DISTRICT Parts, Ca to Jun -07 .$10,822,990 Wally Lieu (213)435.2727 COLORADO RIVER AQUEDUCTREHABILITATION Parker, AZ UBlized 200 W.A. Rasic Employees to Dowell 150 Million Gallons of Water from the Colorado River Aqueduct to facilitate the installation of 50 mechanical blow -offs, abandoning 27 banslfien drains, rehabilitate and recoat We radial gates, Install how metering system at Capper Basin Inlet tunnel, and provide access for inspection of siphons 6 MWD Impactors. EASTERN MUNICIPAL WATER DISTRICT I YEAGER SKANSKA TEMECULA Jul-07 $1,982,282 Armando Arroyo, P.E. (951) 928 -3777 TEMECULA EDUCATION CENTER Fax (951) 920.6111 Install 900 LF of 36" Hobas Pipe, Trench Dowshark ; Bean & Plate &hods , Sewer B -Passin McCARTBY BUILDING COMPANIES I CITY OF LOS ANGELES LOS ANGELES Jul 07 .2,672,715 Rob Ragland, P.E. (949) 851 -8383 VERMONT MANCHESTER SEWER PROJECT Fax (949) 851.8398 First open out Hobas Pipe Installation project ever performed in the City of Los Angeles Install 1300 LF of 27 "1 Sewer Pipa, Lateral Insiod 0oq &Sewer Gq- Poseng LONG BEACH WATER DEPARTMENT LONGEEACH Ju1707 $3,229,000 Isaac Pal, P.E. (562)570.2330 DIVISION STREETSEWER IMPROVEMENT - F.(562)570 -2330 Install 5,000 Lf. of 12" DIP Fnrce Main & 1,100 Lf. of 18" VCP; Extensive Dawakring INLAND MPIRE UTILITIESAGENCY ONTARIO Jull $5,121,067 Scott Johnson (909) 9931825 SANANTONIO CHANNEL PIPELINE - SEGMENT A Fax (909) 597 -BB75 Install 15,000 Lf. of 24" CML&C Steel Pipe 25H -61 W.A. RASIC CONSTRUCTION COMPANY, INC. REFERENCES OWNERIAGENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE EASTERN MUNICIPAL WATER DISTRICT HEMET September -06 $2,540,614 BRUCE ROSS (951) 928 -3777 CA WSTON AVENUE EMERGENCYDESIGN -BUILD SEWER PROJECT x 4451 Pwvlded engineering design and Installation of 10,000 J. of 16" PVC Force Mein. Other work Included Fax (951) 926 -6111 the installation of 200 feet of 42"casing by bare and jack method, sewer by- passing, testing and roadway restoration CITY OF DANA POINT DANA POINT November -06 $7,749,500 MATT SINACORI, P,E. (949) 248 -3574 MASTER PLAN OF DRAINAGE, PRIORITY I, PHASE 11 Fax (949) 248 -7372 Install approx 4,800 I.J. of 42" - 72" RCP by Open Cut & Tunneling Methods. Construct an Outfall Structure on Capistrano Beach at depth of 25 feel below ground water levels by building a Cofferdam utilizing a Sheet Pile Shoring System CITY OF RIVERSIDE RIVERSIDE May -06 $3,576,183 BLAKE YAMAMOTO (951) 826 -5549 WATERMAN AVE 54" WA TER TRANSMISSION MAIN, PHASE II Fax (951) 826.2498 Install 4,500 If, of 54" CML &C Steel Pipe, 2001J. of Bore & Jack with a 66" Casing L.A. COUNTY DEPARTMENT OF PUBLIC WORKS HACIENDA HEICHITS December-05 $3,587,726 GRISELDA MITCHELL (626)458.3155 NINTH AVENUE STORMDRAIN Fax (626) 458.2197 Install a rox 16,000 Lf, of 18" -60" RCP pipe; Install 95 Catch Basins fR CITY OFNEWP ACH NEWPORT BEACH December -05 $3,467,290 MICHAELSINACORI (949)644.3342 WATER AND SEWER MAIN REPLACEMENT Fax (949) 644 -3318 Install approx 8,000 Lf. Of 24" CML &C; Install approx 1,0001.1. of 21 "VCP CUCAMDNGA VALLEYWATERDIS7RICT CUCAMONGA May,05 $6,162,399 MARTY ZUVARBULAS (909)967.2591 ARROWHEAD PIPELINE Fax (909) 476.7031 Installation of 45,000 J. of 6 " -12" HOPE at an elevation of 5,000 feet in the San Gabriel Mountains. Other work included ressure reducInq stations tunnel rehabilitation, and construction of 2,5 miles of temporally roads to facilitate construction. EASTERN MUNICIPAL WATER DISTRICT MURRIETA November-04 $4,276,079 Bruce Mitzel (951)928 -3777 TEMECULA RECYCLED WATER PIPELINE Fax (951) 928 -6111 Install 18,5001J. of48" CML & C (ownerfumished pipe INLAND EMPIRE UTILITIES AGENCY FONTANA October-04 $3,615,746 RYAN GROSS (909) 356,0572 CHIN04URUPA BASIN FACILITIES IMPROVEMENT PROJECT Fax (909) 356 -9384 Install 11,5001.1. of 36" CML & C IRVINE RANCH WATER DISTRICT IRVINE June -04 $854,436 BILL STEWART (949) 463 -5610 RECLAIMED WATER SYSTEM VALVE REPLACEMENT Fax (949) 453 -6364 Replace 18 Reclaimed Water Valves L, COUNTY DEPARTMENT OF PUBLIC WORKS GLENDALE February-04 $1,009,524 LINDA TACCONELLI (626)458.3147 LINES D, E & F, STORM DRAIN Fax (626) 458.2197 Install 5,000 LL of 18 " -30" RCP pipe CITY OF GLENDORA GLENDORA February -04 $810,992 JERIUS WILLIAMS (626)914.8254 30" WATER MAIN TRANSMISSION PIPELINE Fax (626) 963 -7486 Install 3,0001.1. of 30' Weldetl Steel PI e LAS VIRGENES MUNICIPAL WATER DISTRICT CALABASAS January-04 $5,411,386 ROMMEL MARZAN (818) 251.2157 MAJOR POTABLE WATER TRANSMISSION PIPELINES Fax (818) 251.2159 Install 13,630 J, of 18'& 20" PVC plea, Install approx 5,4001.f. of 42" Welded Steel Waterline CITY OF NEWPORT BEACH NEWPORTBEACH Aui $2,360,685 MICHAEL SINACORI (949)644.3342 24" WATER MAIN REPLACEMENT Fax (949) 544 -3318 Install a prox 8,300 J. 24" CML &TW Steel Pipe CALIFORNIA AMERICAN WATER COMPANY INGLEWOOD 3ep -02 $386,000 JAY BURNETT (626) 289 -7924 ANGELES VISTA BLVD MAIN REPLACEMENT ext 25 Install 5,400 LL 16: DIP; replace 80 services & 10 hydrants F. (626) 281 -6807 WEST BASIN MUNICIPAL WATER DISTRICT LO ANGELES Sep-02 $901,035 PAULCOOK (310)660.6241 WESTSIDE WATER RECYCLING Fax (310) 217 -2414 Install2,900 Id. of 16" Ductile Iron Pipe C€TYOFESCONDIDO ESCONDIDO May -02 4,350,158 JOHN KEARNEY (626)045.8030 RECLAIMED WATER DISTRIBUTION SYSTEM InslaI132,0001J. of 8 " -18" PVCIDIP CITY OF GARDEN GROVE DANGER GROVE October -01 $294,900 NAVIN MARU (714) 741.5180 CROSS GUTTER RECONSTRUCTION Fax (714) 741 -5578 13,000 s.f. Pec Curb and Outer, Sidewalk & Wheelchair Ramps legal 4 Catch Basins, 4 Traffic Loops, Traffic Sniping & Login - CITYOF GARDEN GROVE GARDEN GROVE Septembea01 $862.460 NAVINMARU (714)7415180 WESTMINSTER AVE STORM DRAIN Fax (714) 741 -5578 Install 1,890 J. of 72 " -18" RCP CITY OF ARCADIA ARCADIA May -01 $320,255 PAT MALLOY (626) 256 6654 FOOTHILL SEWER ADDITION PROJECT Fax (626) 359.7028 Install 2JM5 Lf. of 10 "VCP; 8 manholes LONG BEACH WATER DEPARTMENT LONG BEACH Mar -01 $1,067,881 VAN JEW (562) 5704342 PCH 30 "CAST IRON MAIN REPLACEMENT Fax (562) 492 -9631 Install 3,160 Lf. of 30" Ductile Iron Pipe 25H -62 W.A. BASIC CONSTRUCTION COMPANY, INC. REFERENCES OWNER/AGENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE CITY OF GLENDORA GLENDORA ell $638,232 JARIUS WILLIAMS (626) 9148254 SIERRA MADREAVE. TRANSMISSION MAIN Fex (626) 963 -7486 Install 2,190 30 "CMLC Steel Pipe WEST BASIN MUNICIPAL WATER DISTRICT ELSEGUNDO Mar.01 $2,450,386 PAUL COOK (310)660.8241 CHEVRON REVERSE OSMOSIS PIPELINE Fax (310) 217.2414 Install 8,872 Lf. of dual 16" and 12' PVC Waterline MONTEVISTA WXTER DISTRICT MONTCLAIR Jan-01 $1, 5,124 ROBERT TOOK (00 ) 824-0035 WELLS 19 S 20 TRANSMISSION MAIN X111 Install 4,320 Lf of CMLC Steel PI e LONG BEACH WATER DEPARTMENT LONG BEACH Jul 00 $2,365,916 VAN JEW (562) 5702342 PCH f2- WATERMAIN Fax (562) 4929631 Install 10,000 J, of 12" Ductile Iron Pipe LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS MARINA DEL REY Oct-00 $2,322,961 JOLENE GUERRERO (626) 458 -4975 MARINA DEL REY 24 -INCH FEEDLINE Fax (626) 458 4197 Install 5.750 Lf. 24" CMLC Steel Pipe ALAMEDA CORRIDOR TRANSP. AUTHORITY LOS ANGELES Feb -00 $2,141,308 PAUL BUCKLEY (310)329.0102 WASHINGTON BLVD. GRADE SEPARATION Fex (310) 596.9221 Reinforce Concrete Box Culvert l Street lm rovement CERHAL BASIN MUNICIPAL WA TER DISTRICT DOWNEY Jul-00 $184,000 PAUL COOK (310) 660-6241 RIO HONDO CHANNEL AT PEDESTRIAN BRIDGE Fax (310) 2174414 Install 320 16" Ductile Iran PIPe across Rio Hondo Channel LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS COVINA Fe0.00 $402,984 RAYGREEN (626) 458 -4933 CURB RAMPS Remove& Replace 232 hanplus Bans CITY OF SAN DIEGO SAN DIEGO Feb-00 $417,475 ANITAWELKER (619) 533 -4462 SUNOREST DRIVE Install 1,720 Lf.8" PVC. fi 0 CITY OF BREA - BREA Jan -00 $1,573,547 RAUL USING (714) 671 -4450 RESIDENTIAL STREET REHAB & WATER IMP Fax (714) 671 -3694 Install 16,000 8" DIP I Street Im rovesneiits LA. COUNTY DEPARTMENT OF PUBLIC WORKS MISSION HILLS Aug -99 $2,615,000 MARYAMADHAMI (626) 4583149 DEVONSHIRE DRAIN UNIT #2 Fax (626) 458 -2197 Instal 13,000 feet of 18'- 72" RCP CITYOFCOVINA COVINA Jul .618,990 ROGERSANTOS (626) 858 -7255 STREET RESURFACING & WATER MAIN IMPROVEMENTS Install 3,000 feet of 12" Dul Iran Fee: 200,000e ,fl. Cold Plane; 5,000 tons asphalt MONTE VISTA WATER DISTRICT MONTCLAIR Jan -99 $1,481,865 RANDY HILL (909) 6240035 PIPELINE REPLACEMENT & RELINING (98.3) X111 Install 24,000 feet of 8" Watedins Fax (909) 624 -4725 LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS SHERMAN OAKS, CA Jan -97 $2,396;514 REUBEN AMEZCUA (818) 458 -3144 WOODCLIFF STORM DRAIN Fm (626) 458 -2197 Install 11000 foot of 0V ROP CENTRAL BASIN MUNICIPAL WATER DISTRICT NORWALK Oct -99 $178,505 LILY TOM (310)217 -2222 CONSTRUCTION OF TASK 3.99 Install 2A00 feel o(8" PVC CITY OF CERRITOS CERRITOS Mar-99 $162,337 RASH SYED (562) 916 -1221 CANTRECE ST. STORM DRAIN IMPROVEMENTS Install 36` FOR Storm Drain and structures LONG BEACH WATER DEPARTMENT LONG BEACH OcHRS $248;213 ROSEMARY HOERNING (662) 570 -2353 CARSON STREETDOMESTIC WATER PIPELINE Insult 3;500 feet of 12" Watedlne LONG BEACH WATER DEPARTMENT LONG BEACH Jun -98 $300,000 TONY AREVALO (562) 570 -2333 THE LAKES WATER RECLAMATION WATER Install 300 feat of B" Reclaimed Waterline COUNTY SANITATION DISTRICT OF LOS ANGELES LYNWOOD Aug-98 $626,254 ALEX MANESH (310) 6381161 BULUS RD.- TEMPLE STREET SEWER Install 3,600 feet of 18" VCP and 500 feel laterals LOS ANGELES COUNTY DEPT, OF PUBLIC WORKS SAN GABRIEL Oeo-97 W4,698 JOHN LOVRENSKY (626) 4584955 SANTA ANITA STREET DRAIN ,Install 36" RCP 25H -63 25H -64 AGREEMENT EXHIBIT C I cr!"M Southern California r Wfil Cost Plus Rates GP.NHRAI. RNGINEERIN0 CONTRACTOR COST PLUS RATES EFFECTIVE JULY 1, 2014 through JUNE 30, 2015 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN /CLASS CODE TIME TIME TIME CRAFTSMAN /CLASS CODE TIME TIME TIME ..CARPENTERS .PROJECT MANAGEMENT General Foreman CAGF 90.10 123.76 157.42 Project Administrator PADM 52.74 67.85 82.96 Foreman CAFM 86.88 119.02 151.16 Project Engineer 1 PE01 68.60 91.08 113.57 Journeyman CAJM 82.05 111.91 141.77 Project Engineer 2 PEG2 73.65 95.66 117.68 Apprentice -8th Period (90%) CAA8 75.72 102.60 129,48 Project Engineer 3 PEG3 78.18 104.92 131.88 Project Engineer 4 PEG4 87.38 118.34 149.30 CEMENTMASONS Superintendent PMSP 118.67 157.52 184.08 Foreman CMFM 64.75 111.23 137.71 Assistant Project Manager PMAS 110.85 150.36 189.87 Journeyman Commercial CMJC 79,92 104.12 128.33 Project Manager PMPM 126.31 172.30 218.28 Journeyman Light Commercial CMJL 72.34 94,30 116.25 Senior Project Manager PMSR 157.24 215.99 274.73 F &T Machine Operator CMFT 80,32 104.71 129.11 Apprentice - 8th 6 Mos. (90 %) WAS 74.79 96.57 118.36 LABORERS General Foreman LAGF 81.87 108.72 135.76 Foreman TDFM 78.89 101.68 124.47 Foreman LAFM 80.06 106.35` 132.63 GR 2 -2 Axle TDG2 75.91 97.30 118,68 Group 1 - General LAG1 72.98 95.92 118.86 GR 3 -3 Axle TDG3 76.12 97,61 119.09 Group 2 - Chute Man LAG2 73.87 97.22 120.58 GR 5 - Working Truck Driver TOG5 76.48 98.13 119.78 Group 3 - Pipeline Backup Man LAG3 74.75 98.53 122.30 GR 6 - 4 or More Axle TDG6 76.53 98.20 119.87 Group 4 -Pipe Layer, C &S LA04 77.25 102.20 127.16 Sub journeyman- 4001 -6000 Hrs„ TDA3 58.54 72,37 88.20 Group 5 - Blaster / Driller LAG5 77.81 103.03 128.25 Apprentice - 6th Period (85 %) LAA6 59.11 80.54 101.98 OPERATING. ENGINEERS WELDERS /FITTERSIHLP- Local 2505hortline General Foreman, Appdx. A OEGF 105.43 141.10 176.75 Foreman WLFM 107,39 142.57 177.76 Foreman, Appdx. A OEFM 102,21 136.36 17151 Journeyman WLJM 100.93 133.31 165.68 Group 1, Appdx. A - Oiler OEGI 94,33 124.77 155.20 Metal Trades WLMT 59,81 75.86 91.91 Group 2, Appdx. A - Oiler OEG2 95.59 126.62 157.64 Group 8, Appdx. A - Universal OEG8 96.99 131.62 164.25 Group 10, Appdx, A - Mechanic OEGM 99.18 131.90 164.62 WELDERS /FITTERS /HLP - Local 250 Industrial Group•8, Appdx. B - Crane(up to 2: OEB8 99.45 132.30 165.15 Foreman IW2F 110.03 148.99 185.41 Group 9, Appdx. B- Crane (25 to: OEB9 99.73 132.71 165.69 Journeyman IW2J 99.47 133.44 165.11 Apprentice, GR 8, Appdx A - 6th (9 OEA6 92.07 121.44 150.81 Apprentice Fifth Year WA5 78.62 106.03 131.37 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates.: Billing for apprentices will be based on actual classification(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Lots Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rasa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, outside rentals (including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark -up of 15 %. Overtime Rates: Shifts) shall be paid per union agreement(s). Subsistence: Lodging & meals for management, superintendents & general foremen will be billed at actual costs, plus mark -up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facllity. USA Notification: Client Is responsible for Underground Service Alen (USA) notification for all emergency work, NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request. Some work areas may be subject to special wage agreements, if applicable, fees will be billed accordingly. (Rev) 07/30/14 4150 Long Beach Boulevard, Long Beach, CA 90807 - 562- 928 -6111 - fax: 562 -928 -7339 - www,warasic.com state coOpCaG}pG'sJi= e05edA368761 AGREEMENT EXHIBIT C W. A. Reslc Conetructlan Equipment Rates Rates Effective July 1, 2014 Air Compressors Hourly Rate Air Carla -13 HP (Truck Mounted) $ Boo Ao- Cam re r -SaS CFM w / tools &notes $ 25,00 $ 15.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) Asphalt Paving gmuncen[ Hourly Rate Asphalt Spreader Box Abrlable width) $ 6,00 Asphalt Pav er - Weller P385 (6'Lo 15'8 " width) $ 170.00 Propane torch � Portable $ Soo Roller -BOmag 24" Width Walk Behind Type 5 2200 , Roller -Miltiquip 36" Width Walk Behind Type $ 26.00 Rolle r - Asphalt Vibratory Dual Drum Smooth Type -3 to 5 Ton $ 41,00 Rolle r - Asphalt Vibratory Dual Drum Smooth Type -9Tom $ 50.00 Roller - Asphalt Vibratory Dual Drum Smooth Type 10 Ton $ 58,00 TackSrayer/ Emulsion Pot (220 Gsdon C lty) $ 18,00 J= star 5 KW $ IS on optimal Hourly Backhoe Case5a05uperM $ 59,00 Backhoe - Case 590 Super M 4X4 $ 61.00 Backhoe Case 590 Super M 4X4 $ 67,00 Backhoe - Case 590 Sugar 5N 4X4 $ 70,00 Badhoe -CAT 42004x4 $ 63,00 Backhoe - CAT 43004x4 $ 58.00 Backhoe CAT 430E $ 58,00 Backhoe - CAT colonel $ 60.00 Backhoe -loM1n Deere 310 G 4x4TUrbo $ 60.00 Backhoe -lofn Deere 310 SE $ 61,00 BacNM1oe Attachments Hour�Rale Auger Bill for Backhae-12" Dia meter (Max Depth 8') Do Ely Reg. $ 180.00 Auger Drill for Bazkhoe -24" Diameter (Max Depth B') Dally Rate $ 250,ad Hydraulic Breaker 1000 LB for Backhae5 $ 50.00 Completion Wheel for Backhoe -12" or 18" Wide 5 10,ao " de Jon n Deere 5441(30,459 HIS) $ 85.00 mane Enummer, Hourly page Attu-PUnd Bore Male 2 "diameter $ 2000 , Accu -Punch Bore Male 3" diameter $ 25.00 ACLU -Punch Bore Mole 4" diameter $ 32.00 Accu-Prndr Bore Mole53 /4" "diameter $ 50.00 Recon Bare Motor ingersel Ranchudel 44 fair Driven) $ 10,00 105,00 Skid Steer Loader CAT 236 $ Comoaddre oulpment Hourly Rate Tamp /Powder Puff- Aironve n Bally Rate $ 25 do VlbretoryS011 Plate Grounder 30" Wide CAT320 Excavator) $ 25.00 Vlbrater, it Plate Compactor 34" Wide (CAT 3201 JU JD 200 /225 Excavator) $ 26,00 Virtua 3oll Compactor OUel Drum Sheep Foot 33" Wide (Walk Behind) $ 38.00 VlbrateCSoll Cooperator Single Drum Sheep foot Ed" Wide (Ride On) $ 50.00 VlhratorySOil Compactorw/ Single Drum Sheep Foot 40 " Wide (Rlde Ohm $ 44.00 Vibratory Plate 24" Daily Rate $ 100.00 Wacker (Jumping lack) Daily Rate $ 100,00 $ ciao Compaction Wheel -36" Width (for CAT 950, CAT 972 Loader) Concrete Druiparrom [ Dal Rate Concrete Mixer l/3 BUYS Capacity (To. Behind)) $ 90.00 Concrete Saw - Walk Behind Sally Bate $ 60.00 Concrete Vibrator (Electric) $ loom Concrete Washout Bin fS .25 cu yet $ 2000 . $ 75,00 Clay Spade Confined Sim, & Safety Equipment Baiy Air Supply System - Allegro $ 250,00 Air Cart w /60 min bores $ HER 00 Stretcher Bask. w / Buckles $ 25,00 Gas /oxygen Monitor $ 100,00 Harness -Full Body Type $ Sao Lanyard Retractable Type- 30' Length (Yo -yo) $ 8,00 Manhole Blower -4130 CFM(Gas Powered) $ 40,00 VC, B.A. 5 mins(Scott 3KA -PAK 2.2 3.0) $ 55.60 Tripod w/ Winch For Confined Space Entry $ 80,00 Velometer(Air Flow Measuring Device) $ Goo do Vent Blower Traller Mounted 12,600 CFN) Hourly Rate $ 35.00 Light Tower (4 Lamp) Hourly Rate $ 25.00 Dill Ries Poorly MobiramABITM IB/22B (83'Height- 148,000 LB5) $ 580,00 Ld_B _Iohn De ere 450CLC (102p00 Los $ 36500 15.00 Pressure Wafter $ Stevedore; Hourly Role Excavator - CAT 320 B(46,300 LB5) $ 1.5 do Excavator - CAT 320 CLU(51,750 LB5) $ 115.60 Excavator CAT325 CL (64,460 LB5) $ 145,00 Excavator CAT33o DL (79,700 LBd $ 235,00 Excavator CAT 336 EL (96,796 LES) $ 250.00 Excavator CAT 245 ME 1120,000 LB51 $ 250,00 Excavator CAT 345 CL (100, BSS, LEE) $ 24500 Excavator - CAT385 CIE 1187,360 LB5) $ 400,00 Excavator - Case CX2255R(53,22. Las.) $ 120,00 Excavator- Hitachi EX 100 Super (23,600 CBS) $ 90.00 Excavator - ]oho Dear. 120 C(29,840 Load $ 85,00 Excavator - John Deere 200 LC 146,900 LB5) $ W511 Excavator- John Deere 225 CLC(53,936 LB5) $ 120,00 Excavator - John Deere 450 CLC(102,000 LESS $ 23500 Excavator- Komatsu PC 1000 LC (222,130 LB5) $ 515,00 Excavator Komatsu PC 1250 LC 8(249,560 LB5) $ 600,00 Excavator- UrGong L0915D(31,460 LEE) $ go on Excavator - LIUG... 92ZD(Sg50D LEE) $ 115.00 Excavator Attachments Hourly Rat Bedding Conveyor 30"Wlde w /8CLIVOCapacity Hopper- Felco(far CAT 385 Excavator) $ 22.00 Cam reaction Wheel 24" Wide (for H lochl Ex 100 Excavator) $ 12,00 Crum slid, Wheel36 " Wide (far JD Pop, CAT DEC, CAT 325, CAT 330 Excavator) $ 15.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) $ 17,00 Hydraulic Breaker 4000 LB (for CAT 325, CAT 330, CAT 320 Excavator) $ 100.00 Hydraulic Breaker 5000 to (for CAT 336, CAT 345 Excavator) $ 200,00 Hydraulic Breaker 10000 LB (for CAT 345 Excavator) $ 300.00 Hydraulic Breaker 15000 LIB (for Komatsu PC1)00 Excavator) $ 41000 Vibratory Hammer ABI HVR1002 -4,585 LB (for CAT 336, CAT 345 Excavator) $ 75.00 Fusion H21!l Fusion Machine For HOPE -0 "Dlame[er max $ 25.00 Generators 0 ..l of J= star 5 KW $ IS on Generator 25 KW $ 2000 . Generator 45 KW S 35no Generator 65 &ZS, WN $ 4000 Generator 118 KW S 75.00 Generator 230 KW $ 115.00 Lifts Hourly llh- Hyeterw /5,000 LB Lift Capacity $ S0.00 lfl -Clark w /8,000 LB Lift Career, FTT:rre". $ 55,00 smping Lift Grads ll w/ 6000 LB Lift Capacity& 36' Reach $ 55.00 mping Lift -Gr ads ll w/ 9000 L5 Lift Sonority &40'Reach $ 25,00 Loaders Hourly Loader CAT 950 H(44,435 LB5) $ 170.00 Loader CAT 972 A(56,180 LB5) $ 220.00 Loader CAT 980 H(68,489 LB5) $ 270,00 Loader - Job n Deere 444 E(21,457 Led $ 70,00 " de Jon n Deere 5441(30,459 HIS) $ 85.00 ma der Joh o Deere 624 E(29,035 LEE) $ 100,00 Loader - 1oh n Deere 6446(38,800 LB5) $ 120,00 Loader Kawasak1 Zoo (36,000 CBS) $ 150,00 Loader - Kawasaki Z90(51,320 CBS) $ 210,00 Loader HuG... 842Z 111 (33,601 LEE) $ 85.00 Loader LUGOng 856Z 111 (40,675 LB5) $ 105,00 Skid Steer Loader CAT 236 $ 45.00 Skid Steer Leader - CAT 248B w/ Pavement Grinder & Broom Attach. $ 190,00 Skid Steer Leader CAT 257 ow /Rubber Tracks $ 55,00 Skid Steer Loader - CAT 262C $ 50.00 Skip Loader- Case57o MvT4x4 $ so,ad Skip Loader -John Deem 210 LE $ 55.00 Loader A¢achments Haury Asphalt Zipper -26" Width (for CAT 950 Loader or Larger) $ 65.60 Asphalt Zipper -4B" Width (for CAT 950 Loader or Larger) $ ciao Compaction Wheel -36" Width (for CAT 950, CAT 972 Loader) $ 15.00 Mulening Machine - 64" Car Width (for CAT 262C Skid Steer Leader) $ 15B4O0 Mls<ellaneous Eauloment Delay Rate Cut - Golf Type $ 7AB Chipping gun /Rivet Buster w /Tools $ 75,00 Clay Spade S so.ao Cut-off Saw /Chain Saw /Sul] Saw $ 75.00 Duct Rodder -1000' $ 100A0 Fan 30" Pedestal Type $ 40Po Geo Phone Underground Sounding Device (BID Locator) $ 175.00 Holiday Tester (also for T Lock Liner Testing) $ 50.00 Test Pump Hydmstatic -5 HP $ 80.00 Test Pump Hydrostati, -8 HP $ 125.00 Hydraulic Torque Wrench l " - ByTom $ 300Ao Impact Wrench l" Drive (Air Dtiven) $ 30.00 Laser Plpe &Slope Type $ 75.00 Light Stand (Single Lamp 120 Volt) $ 15.00 Light Tower (4 Lamp) Hourly Rate $ 25.00 Pipe Cutters -4 "to 8"Dlameter $ 40.00 Pipe Thraader-upm2" $ 7Too Pipe iongs(UP to 24 ") $ 15.00 Pressure Wafter $ 60,00 Rotary Hammer /Drill $ 7500 Send Blaster 5 175.00 Steam Pressure Washer Traller Mounted (3500 PSI) $ 160.00 Survey Unit for BE Runs- Promark 3 GPS Type (with receiving units) $ 400.00 Tapping Machine (UP To 2 "- water entered only) Per Inch rate $ 40.00 Tapping Machine- T.D. Williamson (Up To 2 "- Petroleum) Per Inch rate $ 100.00 Utility Pole Support Holder (40' max pole height) $ 30.00 Utility Vehicle Off Road all wheel drive - Mule or Cater Type) $ 8.00 Met.' Gasders Hom1Rrte Motor Grader-John Caere A0CH 11 $ 105.00 Office Traller & Stara¢e Containers Daily Race Office Trailer 8'x 16', 8'x Zoltan S "x32' $ 40.00 01 Traller 12'x 56', 12' x 52br 12'x 60' $ 70.00 Storage Container Six 20' $ EGGS, Portable Caere,,, Batch Plant NYO Hate Portable COncrete Batch Plant-POtl-A-POur(Max Production 120 CUVD per horej 25.00 ruift Sneers, Rervd ne anG! DWIV Rule Canveyon /Stecker36 "Wldee W'14n, O- Anda iR6036 $ 250.00 Crusher Cone Type- Ideas Opper 1000 Maxtrak(325 HP/ 62,600 CBS) $ 2,200.00 Crusherlaw Type Ext.c C- 12(350HP/105,280LB5) $ 2,200.00 Screen Frame 12' Wide w/ Adjustable Top - Grizzly $ 100.00 Screamer Vibratory Type Read RD 40 (3 CUVD /Towable) Hourly Rate $ 75.00 ScreenlnH/ Material Processing Machine- page 5.5 (104 HP/73,853 LB5) Hourly Rate $ 125.00 (W A Race Constmcllon Revlwd Jet, 2014) 25H-66 Page I Dt 2 AGREEMENT EXHIBIT C W. A. Held Constmttlon Equipment Rates Rates Effective Jul 1 1 2014 Shorn Enuloment Dales Beam W14 x 89 x 40' Length $ 19.00 Beam W14 x 120 x 40' Length $ 2200 . Beam W14 x 145 x 40'Lenglh $ 27.00 Beam W14 x 126 x 40' Length $ 33.00 Plates 5' x 8' x Y' Thick (non treated) $ 6.00 Plates We 10'e l "Thick(non - trealed) $ 2.00 Plates S'x 10'x l "Thlck(non- treated) $ 8.00 Plote58'x 15'x I "TMck(non- treated) $ 12.00 Plate58'x 20's I" Thick con treated $ 13.00 Hyderlim Speed Shores 28" to 46" 3' Rai $ 27.00 Hydraulic Speed Shores 28" to 46" 5' ran $ 28.00 Hydraullc Speed Shore 528 "to 46 "- J'Rail $ 29.00 Hydraullc Speed Shores 52" to e8 " -5'Rai $ 36100 Hydraulic E Shores 52" to 88" Single Ram - V ail $ 75.00 Hydra ullc 25hores 52" to 98" Double Ram - 5'Rail $ 10000 Hydra Who Speed Shore Accessory - Hand Pump &Release Teal $ 15.00 Plywood 4' x 8'SM1eet li/8 "Tm $ 8.00 Timbers 4 "x12 "x1o'LOn (TV% $ 8.00 Sweeper" Broom s ggyrJy a, Broom / Sweeper Self Propelled $ 38.00 Mobile 5weepeNOhnson 4000(2Ip001-Bh 5 80.00 Traffic Control Equipment Daily Its Arrow Board (Solar) Hourly Rate $ 15,00 Barricade - ADA Compliant Pedestrian Type $ 3.00 Barricade Flasher (LED Barricade Light) $ 100 Barricade - Type)(Pedestrian Type - Plastic) $ 1.00 Barricade - Type 11 5 2.00 Barricade -Type 111 $ 3.00 Delineator /Traffic Cone $ 1.00 Chain Link Pence Panel 6'x10' w / Feet $ 7.00 Crash Barrels (various sizes) $ 4.00 K-Rol N length $ 2.00 Message Board Programable Be S' Houdy Rate $ 25.00 Ramp Pedestrian Type BarlaVle Panel Ramp) $ 20.00 Rumble /Rock /Tire Cleaning Plates B' x10' $ 10.00 TraFlIC SI ns 3a "x30" $ 5.00 Trailers Hourly Rate Fallen Enclosed Type 12' Long Enclosed (Dig 'Up) $ 20.00 Trailer - Enclosed Type 18' Long (Emergency Response) $ 22.00 Trailer- Fuel Type (500 Gallon Capacity) $ mi Traller - Flatbed / Platform Type 48 Long $ 31.00 Trailer -Low Fr Type H eavy Haul- 88,000 LB Max. Capacity $ 31.00 Trailer Reel Type- 5b" x 9' 113,000 LB Capacity) $ 15.00 Taller - Tilt Type 10, 000 LB Max. Capacity( For Asphe It Rollers) $ 1000 Taller - Lift Type -20, 000 LB Max. Capacity (for Asphalt Rollers) $ 1200 , Trailer - Tilt Type -40, 000 LB Max. Capacity (for Various Equipment) $ 15,00 Trailer Utility Type/ Tool Hauler 4,203 [if Capacity 5 7,00 Trailer Utility Type/ Tool Hauler 7,000 b Capacity $ SS,.. Trailer - Water Tank Type 500 Gallon Capacity) $ 10.00 Trenchurs as Convev HOury Trencher Vermeer OT 65S Offset (24 " write , 72" depth) $ 325.00 Conveyor for Vermeer DT 655 trencher (24" Width) $ 70.00 Trucks Hourly Truck - Beeto ll /Flat Bed Dump $ 65.00 Truck - Bobtall Dump (Paving) $ 70.00 Truck -Ten Wheel Dump IS CUYDCap for Dlrt) $ 82.00 Truck - Super lO Dump (10 CUYD Cap for DID) $ 92.00 Truck - End Dump (13.5 CHVO Ce in for Dirt) $ 1m5.00 Truck - Flat Red - 21'Bed Length w /Cement Mixer (1/3 CUYD Ce pooily) $ 72.00 Truck 'Fuel & tube (80,000 GVWR) $ BOAO Truck - Low Bed Him w / Trailer (88,000 LB Max Ha ul Capacity) $ 95.00 Truck - Mechanics Type W/ Lift Crane &Welder $ 75.00 Truck Pick-up Truck /SW /Van $ 25.00 Truck - Service Type IF 350, F- 450 &F -550) $ 39,00 Truck - Service Type for Paving F-550 w/ 185 CFM Air Compressor $ 50,00 Truck - Service Type F550 w/ Welder (500AMP) / Compressor (60 CFM) $ 45.00 Tmck - Stakebed Type - 11'Bed Length $ 40,00 Truck - Water Type 1500 Gallon $ 40.00 Truck - Water Type 2000 Gallon $ 4200 Tmck -Water Type 2500 Gallon $ 45.00 Truck - Water Type 4000 Gallon 5 80.m0 Vector Trucks Vapor Truck/ Potholing Rig (800 Gallon) fHWrIV $ Rai 150.00 Varier Truck /Potholing Rl 1200 Gallon) $ 160.00 Water Pm`mg Water on mp 2 "w /25'of Sudden Hose& 50' of Discharge Hose 9elly $ Rate 60.00 Water pump 3 "w /25'of Suction Hose& 50' of 0lschaMe Hose $ 85.00 Water pump 4 "w /25'of Suction Hose& 50' of Discharge Hose $ 135.00 Water pump 6 "w /ZGof Suction Hose& 50' of Discharge Hose $ 26500 Water Tanks& Towers Daily Rate Dewatering Sediment Turks(1pmm Gal.) $ 5.00 Free Tank- Menard 500 BBLTowahle Unit $ 1600 Fuel Tank- 1000 Gallon(DUal Containment) $ 12,00 Water Tower 12,000 Gallon S 100.00 (W. A. Rods Conelruc4an Revised July 2014) 25H-67 Pace 2 012 Welding Equipment urLyml,gete Band Saw Portable 4 "x4 "max cut $ 1000 Band Saw 6 "x12 "Tax cut $ 1500 Plasm a Cutter $ 20.00 Welder 200 AMP $ 17.00 Welder 300 AMP Tig Machine Si 1800 Welder 500 AMP $ 20.00 Weld Rig for Rig Welder Troupes fuel /wet rate $ 28.75 (W. A. Rods Conelruc4an Revised July 2014) 25H-67 Pace 2 012 25H -68 AGREEMENT FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH PAULUS ENGINEERING, INC. THIS AGREEMENT made and entered into this 16t" day of September, 2014 by and between Paulus Engineering, Inc., a California corporation (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair of sewer and water infrastructure. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a 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 Contractor shall perform emergency construction services for City requested repair of sewer and water infrastructure, on an on -call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit E. All Exhibits to this Agreement are incorporated by this reference. 2, DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable under this Agreement, including but not limited to reports, as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable License throughout the world to disclose, publish, translate; reproduce, and use such materials. EXHIBIT 2 25H -69 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended among all contractors providing these services shall not exceed $400,000.00 annually for the initial three - year (3) Term of this Agreement. b. The total sum to be expended during the subsequent two -year option period among all contractors providing these services shall not exceed $400,000.00 annually. Contractor shall provide updated labor and equipment rates annually: c. Payment by City shall be made within thirty (30) 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. 4. TERM This Agreement shall have an initial three (3) year Term, commencing on September 16, 2014 and terminating on September 16, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for an additional two (2) year period, on the same terms and conditions set forth herein. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25H -70 be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right; at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7, INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided tinder this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they maybe liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified patties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity 25H -71 shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. S. CONFIDENTIALITY If Contractor receives from the City information which Clue 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Sox 1988 Santa Ana, CA 92702 -1988 Facsimile: 714 -647 -6956 Copies to: Public Works Agency — Water Resources City of Santa Ana 220 S. Daisy Ave. (M -85) Santa Ana, California 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 25H -72 P.O. Box 1988 Santa Ana, California 92702 Facsimile, 714 - 647 -6515 To Contractor: Paulus Engineering, Inc.. 2871 E. Coronado St, Anaheim, CA 92806 Telephone: (714) 632 -3975 Facsimile: (714) 632 -5077 Jason Paulus —President/ Secretary 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 facsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor not 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 13. 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: 25H -73 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. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined, and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15, 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. 16. 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, 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25H -74 IN WITNESS WHEREOF; the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney I Lisa Storck Assistant City Attorney IR iUi107ai •aIIa011103a]:7.laayy-o"T.1q a Edwin "William" Galvez, P.E. Interim Executive Director - PWA CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Paulus Engineering, Inc. Jason Paulus President/ Secretary 25H -75 AGREEMENT EXHIBIT A REQUEST FOR PROPOSALS (RFP) M.0 ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES CITY OF SANTA ANA Santa Ana Public Works Agency 220 S. Daisy Ave., Building A Santa Ana, CA 92703 Rodolfo Rosas, P,E. Senior Civil Engineer (714) 647 -3379 Office (714) 647 -3346 Fax rrosas&anta -ana, org KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: Interim Executive Director Public Works Agency July 1 2014 August 8 2014 — 3:00 pm. September 16, 2014 RFP #14 -044 - On -Call EmergnFS wamd Water System Repair Services NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide On- Call Emergency Sewer and Water Repair Services. Responses to the Request for Proposals (RFP) will be accepted until 3:OOPM on August 8, 2014. If further information is required, contact Rodolfo Rosas at (714) 647 -3379 or rrosas(a)santa- ana.orp All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.planetbids.com /portal /portal.cfm ?CompanvlD= 20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful Proposer must possess or obtain a valid California Class (A or C34) Contractor's license prior to the award of contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Attn: Rodolfo Rosas Public Works Agency City Corporation Yard, Bldg A 220 S. Daisy Avenue Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e -mail to Rodolfo Roses at rrosas(@santa-ana.org.. The receiving time in the Public Works Agency, 220 S. Daisy Avenue, Santa Ana, CA 92703 Dispatch Office, Building A, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services Page 2 25H -77 TABLE OF CONTENTS EXHIBIT A— SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E — PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25Hge78 PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 5 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVII. PUBLIC RECORDS 8 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A— SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E — PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25Hge78 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON -CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES INTRODUCTION The City of Santa Ana is seeking qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. A detailed Scope of Work and agreement terms are attached as part of the Appendix II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three years with an option to renew for two additional years. Upon completion of the selection process, the selected firms will be awarded a three year The City will select up to three firms to provide these services. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projected contract award date is tentatively scheduled for September 16, 2014 and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for an additional two year period upon written agreement and mutual consent between the contractor and the City Manager and City Attorney. The contract may be renewed once for a total agreement period of up to five (5) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 291HL-79 V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Emergency Sewer and Water System Repair Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, governmental officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25W80 IX. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.planetbids.com /portal /portal.cfm ?Company[D =20137 . No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25'""18 1 C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter - A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart. The project manager /principal agent shall be the primary contact person to represent your firm. 3. Previous Prolect Experience: Proposer shall submit a general description of the previous related repair and construction work performed in the last five (5) years. Special consideration should be given to work performed on an emergency basis and work performed on water and sewer systems. B. EXHIBIT C - PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealed fee envelope including proposer's personnel and equipment rates shall be submitted concurrently but under separate cover with the proposal. Costs shall be shown as described under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D - REFERENCES:- The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last five (5) years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F - CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G - NONCOLLUSION AFFIDAVIT G. EXHIBIT H - H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25Hg12 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (30 %) 2. Personnel Experience (20 %) 3. Previous Project Experience (50 %) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII. PROTESTS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. C. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2UE"HIQ. 83 Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25 -5 form no.) to include: General Liability -- $1,000,000 each occurrence Worker's Compensation — Within the limits required by the State of California Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of policy cancellation and the references "endeavor to" and "failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be either removed or X'd through. If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25H!e84 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SCOPE OF SERVICES GENERAL DESCRIPTION The City is soliciting proposals from qualified professional construction firms to provide on -call emergency repair services on an as- needed basis. The City will select up to three firms to provide these services. The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 MG with 45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. Contractor must be able to respond to City's request for emergency repair work in a timely manner. The contractor shall be available 24/7 and ready to respond in the event of an emergency. Service calls shall be responded to within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. II. SCOPE OF WORK The scope of work will include but not be limited to the excavation, procurement of materials, installation, backfill and paving and all other work necessary to complete the following types of tasks: The repair and construction of Vitrified Clay Pipe (VCP) and Polyvinylchlo ride (PVC) sewer mains ranging from 6" to 30" in diameter. a. The repair and construction of sewer manholes b. The repair and construction of sewer cleanouts c. The repair and construction of sewer laterals d. Dewatering of excavations e. By pass pumping f. Traffic Control g. Site remediation and cleaning RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25#x-185 2. The repair and construction of water mains (various materials including concrete cylinder and CML &C steel) ranging from 4" to 30" in diameter and related appurtenances. a. The repair and construction of system valves b. The repair and construction of pressure reducing valves c. The repair and construction of fire hydrants d. Dewatering of excavations e. Traffic Control f. Disinfection and flushing g. Site remediation and cleaning 3. The repair and construction of water and sewer pump stations and related appurtenances which may include mechanical, electrical and piping components. III. SUBCONTRACTORS The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25M'Ob EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "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 (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. 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 X firm. 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: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: I. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) 5. 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. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2514=8 require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. 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 agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. 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 Workers' 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 One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. 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. 6. 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 its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims'), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Public Works Agency— (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2514 =9m0 unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. 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. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX per hour /per occurrence Lsee narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Not necessary if no Santa Ana employees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS RFP #14 -044— On -Call Emergency Sewer and Water System Repair Services 2 S#-T-V 1 Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. 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 clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 251442 APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: _ XXXX Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR XX Executive Director X Agency Tax ID# RFP 914 -044 — On -Call Emergency Sewer and Water System Repair Services 2514'93 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions.of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 914 -044 — On -Call Emergency Sewer and Water System Repair Services 25R294 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. �1 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25W296 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United RFP #14 -044 — On -Call Emerg � e n S_ wer a Water System Repair Services States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25WSIB EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT 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 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. — On -Call Emergency Sewer and Water System Repair Services EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY RFP #14 -044— On -Call Emergency Sewer and Water System Repair Services 25891200 AGREEMENT EXHIBIT B Paulus ngin ring, Inc. p )wa CoAgmetion Lid 724U4 (714) ' 632-3975 Request For Proposal For On -Call Emergency sever & Water System Repair Services Bid 14 -044 To: City of Santa, Apia Ann, Rodolfo Rosa% P.E. Public Works Agency City Corporation Ward, Bldg. A 220 S. Daisy Ave. Santa Ana, CA 92703 25H -101 25H -102 I r; =7 25H -103 Paulus Engineening, In . Caaersl rogiocerlugCoutrauorand Corwivctlon VanegcWeak i;imnso Nuenb¢r 724114 i August 4, 2014 ovlty of Santa . Ana Public Works Agency 226 . Daisy Ave. Santa Arta, CA 82703 RE: request for Proposal trir On-Call Sower and Water System Repair Services Nor Mr. Rosas, Attached is s Paulus Eaginocring, Inc (IPEg Cmdratc Resume that w U provide you ywith a brief descriptions of our company and business peaotioes. Also included as a resuroo for Roger Betten, one of our Project Managers and a Stunple Certifacaie of Insurtmee. PEI has ouer3O years ofea adcuce in the Wot Utilities industry and bas w€ need on numerous successful prtajoeu is Southem California. time have crews available 14 }tours a day, 7 days a eve*, PEI owni and maintains approximately 30 jowas of heavy equipment, along with 25 pieces of support equipment for operation on its projeam In addition to the above, PEI boasts an outstanding safetytecord and is currently at a,068 Ex Mod. rate Our WorloWs Compensation, Also included in this package are kodaibits C, I33 E, k and Q. A rate sheet has also been included in this ptaluige in a seated eavclope per Bid Itistruotiaas. Paulus Engineering, Too, Enclosures 25H -104 2871 E. CORONADO ST., ANAHEIM, CA 92$06 TEL (714) 632 -3675 FAX (714) 632-5077 M717,11, NMI 25H -105 Lid 724114 (714)632-1"3 2014 MmMmG=, Ron Paulus Chief Executive Officer 2871 East Caronado Street Anaheim, CA 92806 (714) 632-3975 (714) 632-9792 Fax 25H-106 1 a 91 t Ppailus Bnguaccring,, Inc. was founded as n Gear En&coringContractingfirm inthabusiness of installing storm draln, water and sewers lime utilities. We have a large fleet of heavy equipment that ewe also rent, Paulus Engineering, Inc. is cortified for hazardous material excavation and removel. Our key strengths areau.hotest and straightforward approach to customer service, qualityzantrol, and saroty: Officers and Ivey Employees ',icon Paulus, CW Jason Paulus, PresidentlSecretary Michelle June, CFO Feld Operations The backbone of Panlats Engineering, he, has always been our field operatieir. VAth overr 245 combined yearn of constructimi experience we have the knowledge and professionalism to get your project done before the deadline and under budgat Our foremen have all received extensive safay training to help them react decisively when such a need arises. Our foremen are required, and we regularly offer to our crews„ certification ation for Competent Person; Confined Space&: CPR I First Aid training to help create a safe eu viruruucnt for-all. Mission Statement In ordertu achieve asuccessful project, Paulus Engineering, Inc commits to the following: Paulus Engincerimg hoc's Mission is to provide innov- ative, practical and Corp - quality service that will not only save time and improve the way constrmtioA is done boat will strive to set new standards in our industry. We believe out first responsibility is to the Cities, Water Districts, Developers and other Customers who use our services. In carrying out our day-0- day business we strive to: 1. Treat people we we&with and work for, with respect and integrity. 1 Create a teamwork atmosphere. 3. Develop a safe environment to conduct a profitable batsinuse. 25H -107 gON'STRUCTI ON LROJE CT RE, FERELCO Pauhis RnShiooft lnia has entered lines. During the past eleven years, mannercial and workplam nit in t1vainstallation, of water, so"r, gad storm &at", vor 600 contracts par clients in Los Angeles, Omngc; ) water serviac to comptdawmar, sewer, slid storm amO5 are extensively traitial and maintain a safe, PattlusEhsglireorla Inc, is fully insured and-boodable to moot your requirements. Tbeme Ntr� logervencyWork Tencroway'vater-Repair Zone A to Zone C Pinup Station I" Station IR'WD Capital Improventernts Water Lbra in Arcola Parkway Mourne Street Trunk Sewer Sewer Improvan"Onstall Hell Ave, Sewer Improvements sdwer Iminuvemeats: Williams Canyon Water Line WetUtilityInstallation lawyence, Aver Storm Drain Brimm Chaund to Commonwealth Ave Bristol Street Sewer Replacement Ammo Pigs, so Birch Streat Moulton Ytguel'ftter District Irvine Reach Water District Irvine Ranch Water District Irvine Ranch water bistrict Cractua)[la Valley Water District Garden Grove SardtaryUstriat Irvine Ranch WAtorDJstrfd City OfFullerton Costa Mesa Sanitary District City Wide Sanitary Improvements City o(Amithatin Sewer improvement in various areas in matmum Emergency Work Contracted with MWD to do ornoTgeacy work EinergericyWork Contracted with City uFArgarchn for FJW EntergencyWork Contracted with YLWD to do emergency work More references available upon request TirvIne Ranch Water District City of Anaboint. Yorhat Linda Water District 25H-108 Operations (949) 831 2S00 BittyStawart (949) 034300 JWStameArt (949) 453-5300 lifflyStewart (94P)453 -5300 jorga Max a (760) 398-2661 SAM Kim (714) 741-5M4 (949) 453-SM IrIeVillargimcia (774) 738-3115 Rob Ifamers Nil) 631-1751 Scan Rosary (714) 7654059 A.T. KHAR! (714) 45 4300 NkeJoubsti (714)7654129 No Vacharelli (714) 701-1491 Roger Ilettnq ( Project Manager) Educatlow High School 12 Ym Iowa State University 2 r& Iowa Land Improvement Contractors Survey Education I yr. Work Exparienew, Jansen Construction 1965 to 1969 3 yrs. Positions: Equipment Operator, Forman, Supedmendem Type of Work:- Installation of under growd drainage pipe for to=, land owners approximate 250,000 het per year. Equipment- Parsons 350 and 450 Trenchers, LM 310 & 410 Backhoes, J.D. 450 Dozer. Betten Construction Company Inc. 1970 to 198616 yrs. Position: President Type of work. Installation ofundergromid drainagepipe 700,000 to I million fact per year, design and install surface waterway drainage for farmland owners. Equipment: Parsons 450 Trencher, Fiat Allis 21D Doka With mole, Flat Allis 15 Dozer with winob, Flat Allis 21E with 14' blade, J. D. 450 backhocs, Multiple Truck Tractors with traders, T.R. Pipeline Inc, 1986 to 1988 1 yrs, Heavy Equipment Operator Equipment Cat. 235,225 & 245 fto. Case Backhoes, Cat 966 loader, P&I-I Cranc: Harbor Companies Inc, 1988 to 2000 12 yrs. positions. Heavy Equipment Operator, Forman, Superintendent and Project Manager Equipment Experience: Mitsubishi 300 llxo., Cat. 225 Exa., Hitachi 400,450 & 550 Exe. with concretaprocessor, Labounty UP20 and UP40, UB 5000# & 700011 breakers.13obeat 486, with breaker, sweeper and buckets, Cat 446 hoes withbrezkers, Ford 555, 655 & 755'bnrkhoes, Cat, 950 & 966 loaders, Cat. Track loaders. Cat. Dozer. ,Tob responsibility: Coordinate equipment and work forces for job application. Coordinate project scheduling with General Contractors. Coordinate abatement and cleanup of load base paint firom bridge demolition operation& Genera Contractors and Jobs. MCM Const, Co..Frwy. $aad 91 intersection domo, bridges Ball tall & Brosmor F'*y 5 and Jaraborce, over pats demo Riverside Const Co, Privy 10 and Washington bridge Palm Springs Kewitt Paeffio Const. Alameda Corridor three tressel RxR bridge Removal over the L.A. River 25H-109 Hyperion Water Treatment Plant L.A. FCI Coast, co, Santa Clarits and rrwy.1 4 Sand Canyaat llydg. Dead Ventura Frwy 141 and hose Ave. Mg, Santa Barbam and Ilwy. 54 Frcvy RP and Mid .River 13rcig. Demo Atascadere Mg. Disassemble Merrison Knudson (Washington Group) .Frwy. Ia and Central, Fountain Brdg. Demo rwy 10 1rom Frwy 57 and White Aver toad removal Norton Air Voted Base Runway removals Kajw Permarroato5 storyparkhagstructuredemoinSantaAntsy Pave Tech Coast, Co. Fr y 5 Erna Sari Cnofre to Ocoan Side PanIna Eagineering.2i?00 to Present Jab responsibility- Coordinate equipment and work faze far job application. Coordinate project scheduling with General Contractors and owners General Contractors and Jobs: Snyder- Langston Builders' Entertainment Center Frey. 5 and 405 Shady Canyon Golf Course ovine The Pike @ Harbor View Song Beach L.N.R. Warner Center in Woodland dills A ; � i SHEA Homes Ladera Ranch a tracts Aiiso Viejo 3 tracts rba Linda 3 tracts City ofWaluut 1 tract Public Works ,Yobs Irvine FtAnch in Irvine Garden Grove City of Riverside Walnut Valley WaterlJistrict Rowland Water District City of Stanton 25H -110 y 25H -111 t Paulus Engineering, Inc. (imml Engineering CouftaotoT and Cotis4 bllun Mana�eman I.EbenSeT�umhcr 72�11+r MEMEMEEMMEM In the last live (6) years Paulus Engineering, Inc. has been contracted with the City of Anaheim, Irvine Ranch Water District; Moulton IJiguel Water District, the City of Santa Ana, City of Newport beach, Mesa Water District, the City of Garden Grave and grange ri County Water Distct as an Qn -flail Emergency Repair Contractor. Water lVnElml street so it would be open for Monday morning rush hour. Irvine Ranch Water District had an 8" AC water line blowout in Van Kerman Ave, which washed out the slope of the 405 overpass, We received the call at 0:00 pm and had a crew with equipment to beg in the repair by 1 1:00 pm, Our crews worked for 20 hours straight to get the water line repaired going down, impart of 140 yards of base material to repair the slope, as well as pave back Von Kerman Ave. We worked with the Laity of Irvine, Caltrans and IIRWD to get the project done in a timely manner with minimal Inconvenience to the public, t • }: } . }.. -..^- - f�• :.• -} } •.. f.: } • � } }. }iii � Paulus Engineering, Inc. has A great working relationship with several water supply houses Including an 18 year relationship with Wells Supply, which is Iodated in .yenta Ana, which gives us access to water parts 214 hours a day, We have that same working relationship with our subcontractors and other material suppliers that allow us to call them at any time for assistance on a project. This includes welders, saw cutters, concrete, sharing, sand, rock, dewatering and rental companies. 25H -112 2971 F. CORONAr O ST., ANAIMM, CA 92806 TEL (714) 632 -3975 FAX (714) 632.5D77 Paulus Eni►ericn, Inc. General Enginecrin0 Contractor and constmdon uans8=40t L1"n eNumbcr724114 �3 te=a • � ♦ ## -#,: # �. • ■ i. s { ■ °.MK # .• i. • i a # •... P # P In places are crews excavated, down I ft, and replaced the crooked 10" PVC pipe as well as a I OxID tee, The repairwals made and theroad open by Frd6jnigjtli for the 4�1' of # We were called out to repair a 20" VCP trunk line in the intersection of Bake� Partway IN I next night we removed the broken pipe and replaced It with a new piece in one hour The excavation was backfilled and paved by the end of the day, Other Emerge Repairs of reDaLr. e owl) Paulus Engineering, Inc. has also done storm drain repairs due to flooding and pipe failure. Slope repairs from broken water lines and heavy raim We have repaired berms behind the Prado Dam after heavy rains and flooding. Equipment +! r■ r rail♦ # i/i t t. M M 9 water trucks, dozers, compressors ■ other # equipment. We own two • a { ■ { 25H -113 23171 B, CORONADO ST., ANA;~ IM, CA 9206 TM (714) 032.397$ FAX (714) 6324077 Paulus Engineering, Inc. ecrnerat 1~ngi$tadni; Cantractor and Carisinwtion IvlanDg*eat Uwe Number 724114 dayofanysizean ! get job done 1.. • ... ! safe manner, We have the manpower and equipment and know how to take care of any emergency Sincerely, Engineering® Inc, ^! 25H -114 2871, E. CORONADO ff: ANAk MM, CA 9290 TEL (714) 632 -3975 VAX (714) 632.5077 25H -115 25H -116 25H -117 25H -118 25H -119 25H -120 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON- CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I an familiar with all the existing conditions and imitation that may impact work requests, t understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for ciarlfifloo prior to the submission of my proposal. Proggsal Item Erica • Pricing shall be based an e (hourly cosf, flume arid maWeis basis w .5 as narrative) forservices described in Exh €bit A. Fee must be inclusive of all costs, Inducing but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager at dasl nee In writing. The use of Subcontractors is allayed but will require approval by City prior to start of any assignad vmrk. When a Subcontractor performs all or any part of the work„ a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 90 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 $6,000 of the subcontracted portion of the work. Paige 15 25H -121 ■ ram* r do 25H -122 F, CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to prov9de the supplies, egaipmerit or services included In the scope of the proposal specifications. Attach adttltionai Roes . The City reserves the right to contact each of the references listed fu `additioriel Information regarding your firm's quallfications. ' MMMI Customer Name: 1&. & tt �n t�o Address: xi JE heir,t i tt, rat adit Contract Amount: l ° Tv U71, I of supplies„ equipment, or services provided: CustomeTNeale; `! f 11a4am JAfl, TKgt6 Contract Amount: Description of supplies, equipment, orsarvicas provlded2 ferenee Custome Contract Cont tlndividaal: E(ei� A411 Phone Number; Facsimile Number, � 1/,C— y Year:._i MMMEME= EXHISIT't CITY OF �. .�.�. t.ist and describe fully the contracts performed byyeurfirm which demonstrate your ability to provide the supplies, equipment or servicas included In the scope of the proposal specifications, Attach additional oases iP re aired, The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications, eieianc Description of supplies, equipmen€, or services provided: M- s r.e Corstact lMlvidua t L/A Phor. e Number . Facsimile Number: Year Contact Individual: Facsimile Number, . Yearf Page 20 25H -124 CITY OF SANTA ANA List and describe fully the contracts performed by your firth, which demonstrate your ability to provide the supplies, equipment or services Included in the scope of the proposal speoificaticns Attach additional Pages�f re iulretif. The cif reserves the right to confect each of the references listed for addltlortal Information regarding your firm's qualifications. Description of supplies, equipment, or services provided': R -efetence Description of supplies, equipment, or services provided: Reference Customer Name. Address: 11474 Contract Amount: Desaripiion of supplies, equfppraent, or services- pi)m Contact Individudit Phone Niarbor; Facsimils Num w,, hq) " w P.( Year zgzz Contact Individuatt Phone Number: Facsimile Number'(S ratrr8 Year: IdJ Contest tndivikivai: i�iSCirlel�t4l4'nber: ���1 °;C,�" s s� Facsimile Number: Year: / 25H -125 2ml T$IMM W-plial mm 25H -126 QUESTF69PVOP CITY OF SANTA ANIA } # f#r � k x � Y any F t f I Ir I t -1# 1 �I i del€very (as defined above) of the accepted agreement he/she will furnish City of liability insurance within ten (10) days (excluding Saturdays, Sundays and s, chack, draft, or proposers bond substituted in lieu thereof accompanying this tyof the City and shall be considered as payment of damages due to the delay I because of the failure to furnish the necessary bonds and because It Is distinctly actually suffered by City Is difficult to ascerlaln; otherwise said funds, cheek uted in lieu thereof shat€ be returned to the undersigned. Proposer understands that a proposal Is required for the entire work, that the estimated quantities sat forth in the RFP schedule are solely for the purpose of comparing proposals, and thatfirial compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certlfication of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by rafererce into this agreement and are mado specifically as part of this RpP_ Mrrn Sign Title Date =I I gm 1 1 ■ 1 1 1 1 25H -128 CITY OF SANTA ANIA M A ° { The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows. 1 The contractor shall not discriminate against any employee or applic color, relights, sex, or national origin, The contractor shall take sigh are employed, and that employe" are treated during employment religion, sex, or national origin. Such aotiarr shall include, but not be upgrading, demotion, or transfer; moruttmentor recruitment adVertis available to employees of this nondiscrimination 2. The contractor shall, In all solicitations or advertisements for employees placed by or on behalf of the contractor, State that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or nationalorigm. S. The contractor shall 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 contractor's commitments under this section, and shall past copies of the notice in conspicuous places available to employees and applicants for employment, 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5, The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, -arid 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 Gabor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondisorlmination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended In whale or In part and the contractor may be declared ineligible for further government contracts or federally assisted constructiontservices contracts to 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 Girder 11246 of September 24, 1965, or rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law- 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of tabor Issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions. including sanctions for noncompllanm provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering} agency, the contractor may request thatthe United states enter Into such litigation to protect the interests ofthe United RFP #14 -044 — On -Call Emergency Saver and Water System Repair Services Page 22 25H -129 States, 3. Pursuant to California Labor Cade Section 1735, as added by Chapter 543 State. 1039, and as amended, Firm Sign Tittle Date C no discrimination shetl be made 3n the employment of persons because of rata, religlous creed,. color national origin, ancestry, physical handicaps, rmntal condition, marital status, or sex of such persons, except as provided In Section 1429, and any contrractor violating this section Is subject to all the penaft es Imposed Page 23 25H -130 25H -131 EXHIBIT fa CITY OF a r- -r r a • r f a �+ NONCOLLUSION APFIDAVIT Nora CCLI.UN &EI2A\AT (Tltla 23 United States Code Section 112 and Public Contract Code Section 7106) i 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 cofluded, conspired, connived or agree "d with any proposer or anyone also 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, prog or cost element of the proposal price, or of that of any other proposer, orto secure any advantage against the public body awarding the contract of anyone interested in the proposed contract', that all statements contained in file proposal are true; and, further, that the proposer has not directly or indirectly, submIned his or her proposal price or any breakdown thereof, or the contents thereof, at divulged Information or data dative 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 noncolluslon affidavit is part of the thereof shall also constitute signature of this noncolli false certification may subject the certifier to criminal State of California, County }u, } OMAN- Note 1 Public Signature 20,Lq by e person(s) who 25H -132 AGREEMENT EXHIBIT C Q 11ItIS T1g {T1CCilT1 ?11• TIME& MATERIAL WORKSHEET TM NO. .Customer Prgfack WarkAuthorkadby. WorkOate., . Das06100rr Faoaaum 'Pipelayer $ 65.10 $ 57.00 k Operator $ 76.00 74.00 $ 113.40 - $ - $ y4uckikdvor $ 75.SD $ 113A0 $ - S - Foreman $ 802 $ 125.48 - Superintendent $ 0590 $ 192.60 $ $ Subtotal $ $ Mark Up% 15% $ TOTAL 3 _ Ii —EA—Rj 6 a U I PPMENT AMT. I I UNIT TOTAL . Cat345E8daVator 'HR .$ 17040 $- Campactionwhaat HR $ 86.00 S - Cot $30 Excavator .. HR $ 1$0.00 $ c6mmaction Wheat HR- $ 35.00 $ - Cat 9$2 Wheal Loader HR $ 320.00 $ - CatosawbeolLoadar HR $ 100.00 $ LowOad'Tractorrrvaller HR $ 85.90 "$ - Cat8adkhoo HR $ 708. $ Compeoeon Whael or Breakar HR $ 25,00 $ Cat 3kid4teerwoti4chmems HR $ 158.00 $ - SoomTruck HR $ 48.00 $ -Super Tan Dump HR $ 79.00 $ S Wheel 04MPTruck. tiR. $ 4.110 $ - WaterTruck HR $: 65.00 $ - Crew Truck with Toots IdR $ 0010D $ - CeliveryTruck HR S 39.00 $ - VaotorFump Truck HR S 135.00: $: - MIACToola $hodn9 Jacks:: per each Day $ 12.00 It - Taman Plates- Pat each "pay $ 12108 $ Trench Shield bay $ '188.00 $ Manhole Shield CRY $ 00,00 _$ 8 "Pump w1connectors Ray $ 105,00. $ panarator Day $ 8040 $ - AnC6mpfessar =bay $ 125,00 $ Air Slower loy $ as.00 $ - Confined Space Equipment Day. $ TWIN $ Gas Ootection EquItunum€ bay $ 65,00 $ - Traffic Amew Board Uay $ 120.40 $ - Tells,fanfoades bay $ 3.00 $ Traffic OonestDellnealoro Day S 2.00 5 - Ad Roller Day $ 19$$10 4 - Walk Behind' Vibratory Plate 'pay $ 89.00 $ - Miss $mailToots :Day $ 79X10 $ - Subtotal $ Mnrk Up% 15% $ - TOTAL $ AMT I MATERIAL ,SUBCONTRACT, MISC Unit � TOTAL i $ Subtotal ..$ Markthn 16 $ « TOTAL $ - TOTAL WORKSHEET 25H -133 25H -134 AGREEMENT FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH T.E. ROBERTS, INC. THIS AGREEMENT made and entered into this 161h day of September; 2014 by and between T.E. Roberts, Inc., a California corporation (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair of sewer and water infrastructure, B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a 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 Contractor shall perform emergency construction services for City requested repair of sewer and water infrastructure, on an on -call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable under this Agreement, including but not limited to reports, as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 3 25H -135 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total suntto be expended among all contractors providing these services shall not exceed $400,000.00 annually for the initial three - year (3) Tenn of this Agreement. b. The total sum to be expended during the subsequent two -year option period among all contractors providing these services shall not exceed $400,000.00 annually. Contractor shall provide updated labor and equipment rates annually. o. Payment by City shall be made within thirty (30) 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. 4. TERM This Agreement shall have an initial three (3) year Term, commencing on September 16, 2014 and terminating on September 16, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for an additional two (2) year period, on the same terms and conditions set forth herein. S. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate, Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25H -136 be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 330( of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved inform by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. c. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work perforned prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "clams "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they maybe liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity 25H -137 shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Water Resources City of Santa Ana 220 S. Daisy Ave. (M -85) Santa Ana, California 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 25H -138 P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Contractor: T.E. Roberts, Inc. 1131 E. Main St., Suite 201 Tustin, CA 92780 Telephone: (714) 669 -0072 Facsimile: (714) 200 -0241 Timothy Roberts, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 13. 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: 25H -139 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 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. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal; state and local laws and regulations. IS. 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. 16. 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. 25H -140 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: cY Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Interim Executive Director - PWA CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: T.E. Roberts, Inc. Timothy Roberts President 25H -141 AGREEMENT EXHIBIT A REQUEST FOR PROPOSALS (RFP) 4901 ON -CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES BID # 14 -044 CITY OF SANTA ANA Santa Ana Public Works Agency 220 S. Daisy Ave., Building A Santa Ana, CA 92703 FRodolfo Rosas, P.E. Senior Civil Engineer (714) 647 -3379 Office (714) 647 -3346 Fax rrosasCci?santa-a na. orst KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: Edwin "Williarn" Galvez, P.E. Interim Executive Director Public Works Agency July 11 2014 August 8 2014 — 3:00 pm. September 16 2014 RFP #14 -044 — On -Cali Emer2g Mewl ;4y Water System Repair Services NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide On- Call Emergency Sewer and Water Repair Services. Responses to the Request for Proposals (RFP) will be accepted until 3:OOPM on August 8, 2014. If further information is required, contact Rodolfo Roses at (714) 647 -3379 or rrosasC@santa-ana.org All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.planetbids.com /portal /portal.cfm ?CompanylD = 20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful Proposer must possess or obtain a valid California Class (A or C34) Contractor's license prior to the award of contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Attn: Rodolfo Rosas Public Works Agency City Corporation Yard, Bldg A 220 S. Daisy Avenue Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e -mail to Rodolfo Rosas at rrosas(@santa- ana.orq. The receiving time in the Public Works Agency, 220 S. Daisy Avenue, Santa Ana, CA 92703 Dispatch Office, Building A, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services Page 2 25H -143 TABLE OF CONTENTS PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 5 VI. GENERAL INFORMATION 5 Al. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 6 XVII. PUBLIC RECORDS 6 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A— SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E— PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25F� =`� 3 4 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON -CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES The City of Santa Ana is seeking qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. A detailed Scope of Work and agreement terms are attached as part of the Appendix II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three years with an option to renew for two additional years. Upon completion of the selection process, the selected firms will be awarded a three year The City will select up to three firms to provide these services. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projected contract award date is tentatively scheduled for September 16, 2014 and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for an additional two year period upon written agreement and mutual consent between the contractor and the City Manager and City Attorney. The contract may be renewed once for a total agreement period of up to five (5) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. 5H1445 V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Emergency Sewer and Water System Repair Services as set forth in EXHIBIT A — SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, governmental officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council. Mim When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. RFP 914-044— On -Call Emergency Sewer and Water System Repair Services 25Heal 46 IX. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.planetbids.com /portal /portal.cfm ?CompanylD =20137 . No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent. 4 -044 — On -Call Emergency Sewer and Water System Repair 25W447 C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter - A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart. The project manager /principal agent shall be the primary contact person to represent your firm. 3. Previous Project Experience: Proposer shall submit a general description of the previous related repair and construction work performed in the last five (5) years. Special consideration should be given to work performed on an emergency basis and work performed on water and sewer systems. B. EXHIBIT C - PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealed fee envelope including proposer's personnel and equipment rates shall be submitted concurrently but under separate cover with the proposal. Costs shall be shown as described under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D - REFERENCES:-- The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last five (5) years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F - CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G - NONCOLLUSION AFFIDAVIT G. EXHIBIT ,H - SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #14-044- On -Call Emergency Sewer and Water System Repair Services 25H 48 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (30 %) 2. Personnel Experience (20 %) 3. Previous Project Experience (50 %) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII. PROTESTS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. G. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. �1 Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25 -S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation - Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of policy cancellation and the references "endeavor to" and "failure to mail such notice shall impose no obligation or liability of any kind upon the company, its ascents or representatives" shall be either removed or X cl through If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP 914 -044 - On -Call Emergency Sewer and Water System Repair Services 251; =�`I0 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SCOPE OF SERVICES The City is soliciting proposals from qualified professional construction firms to provide on -call emergency repair services on an as- needed basis. The City will select up to three firms to provide these services. The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as- needed basis. The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 MG with 45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. Contractor must be able to respond to City's request for emergency repair work in a timely manner. The contractor shall be available 24/7 and ready to respond in the event of an emergency. Service calls shall be responded to within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. SCOPE OF WORK The scope of work will include but not be limited to the excavation, procurement of materials, installation, backfill and paving and all other work necessary to complete the following types of tasks: The repair and construction of Vitrified Clay Pipe (VCP) and Polyvinylchloride (PVC) sewer mains ranging from 6" to 30" in diameter. a. The repair and construction of sewer manholes b. The repair and construction of sewer cleanouts c. The repair and construction of sewer laterals d. Dewatering of excavations e. By pass pumping f. Traffic Control g. Site remediation and cleaning 5 iF F1151 The repair and construction of water mains (various materials including concrete cylinder and CML &C steel) ranging from 4" to 30" in diameter and related appurtenances. a. The repair and construction of system valves b. The repair and construction of pressure reducing valves c. The repair and construction of fire hydrants d. Dewatering of excavations e. Traffic Control f. Disinfection and flushing g. Site remediation and cleaning 3. The repair and construction of water and sewer pump stations and related appurtenances which may include mechanical, electrical and piping components. III. SUBCONTRACTORS The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 251421162 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "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 (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. 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 X firm. 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: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ _) annually during the term of this agreement. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2514 -453 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) 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. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 25821154 require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. 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 agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. 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 Workers' 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 One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. 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. 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 its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25W1455 To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Public Works Agency — (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25891156 unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. 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. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX per hour /per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Not necessary if no Santa Ana employees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25' gt,M57 Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. 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 clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 251491168 APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Bv: XXXX Assistant City Attorney FOR APPROVAL: CONTRACTOR XX Executive Director X Agency Tax ID# RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25W1s59 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per mob classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25R91160 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Reference Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25WI161 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 2514462 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United RFP #14 -044 - On -Call Emergency Sewer and Water System Repair Services 2514,'f63 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25821264 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT 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. Sig State of California, County 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. RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25144, %5 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Countersigned by this endorsement form as a part of Named Insured Authorized Representative SAMPLE ONLY RFP #14 -044 — On -Call Emergency Sewer and Water System Repair Services 25F 2 &%P6 i f� Ftx�,£ � m EN 0 Q ern x iA £AU., A4V� 6 i is (jj yIt � a a 4 i f� � � \� } � \� �» \� . � � \� \ i� \�� \ � 2 \� \ 2 \ \� \ \ \�� � : :� � � Public Works Agency i ► •. quality services and superior traftsmonship. Sy establishing and construction, restoration, and cost estimating within oil types of Should you boys any questions, pleose do not hesitote to contact me. I hope to work with you in the Futurat 25H -169 Roberts INCC}RFORATED lSAltdtl,Xlj3illY}9,ILSd@L 1171 [sir fain Saw S.14 211 1.011. CA 91180 i. 716.6644074 t, 714.5044461 N,ea,• 4604406 use. t,r66srrt:nt. ees T.E. Roberts, Inc. Is currently servicing several large agencies, many of them being Select Did lists including: • San Gabriel Valley Water Company • patients Water Company Suburban Wafer Systems • Wa €nut Valley Water District • Oolden State Water Company • Moulton Miguel Water District • San. Gabriot County Water o1strict • Rowland Water District • Service Corporation. international • Casio Mesa Sanifory Distria • Irvite Ronah Water Distr€ef • City of San Bernardino • South Coast Water DisfrIct • San Debrief Valley Water Company • Fontana Water Company • Suburban Water Systems • Walnut Valley Water District • Golden $fate Wafer Company • Son Gabriel County Water District • Rowland Water District • Rase (tills Mortuary and Cemetery • The Aerospace Corporation • Sorvias Corporation. International • Raytheon Spot* and Airborne Systems • lnferaolMnal Suddhlst Progress Society • City of Ontario • City of to Habra • City of to Palma • Mettle Oil Company • South Coast Water District • pairhoven Memorial park • City of Glendora • City of Anofielm To compliment its vast service orea, T.E. Roberts, Inc, has strategically built storage ond work yards in Oronge, Son Bernardino and Los Angeles Counfy� EXCELLENT QUALITY - RELIABLE - SERVICE ORIENTED 25H -170 T.E. Roberts, Inc. amp � 1 ____ d Proied Mo rd Offim Adtnini*dion t ' 5aperintendent - Pra(ect Office 6d Peres Manager - Manager - Ja €tin Roberts Tm Roberta Kim Newmtt Bip Katiexa Welder - Laborers /Pfpelayers - 25H -171 Administrative Assistant - Erica Friel TIMOTHY CLtrant General License A, 0° 0. RESUME Thirty years experience In the pipeline constriction industry, performing construction management and general contractor roles. Exporiencad in construction, renovation, and cast estimating within commercial and residential environments.: Recognized for well,doveloped project management skills and scheduled operational tasks that enable project completion on time and under budget. Consistently deliver quality and excellence in workmanship. Excellent safety racord. SKILLS Project Management , Lost Estimation Client Focus , Communication Tools and Techniques I Omtim s Completion EXPERIENCE • Safety Emphasis • Materials Expertise • Customer Satisfaction ROBERTS, s sss Timothy Roberts, • and President pre' Chief Executive Officer and founder of successful pipeline contracting Buddhist Progress Socfsty Client referrals available upon request. • Specializing in water, sewer and storm drains of all sizes • Manage value engineering process with client to ensure modifications to project specifications continue to meet project goals and chant expectations * Received numerous accolades from clients for superior workmanship * OSHA Certified Competent person * Certified in Trench and Equipment Safety, First Aid and Confined Spaces EXCELLENT UAL - RELZABLE m SERVICE ORIENTED 25H -172 RESUME SKILLS Heavy Equipment Operator Skilled in the use of pipeline tonstructlon equipment and tools Effectively applies methodology and enforce* project standards Strong communication and organizational skills w RO2006- BERTS, Superintendent Present UTI"a . <� � . 1 i, general standards and procedures. T.A. RIVARD, i RIVERSIDE, Heavy Equipment Operator It. drain pipes in residential and oommertiol projects, MANCHA fa CORPORATION, FONTANA, Heavy Equipment Operator 0tr1tr Awroted, h000 eguilment, Installed and re Ired water, sewer and storm Excavation Safety & Competent Person Certificate 2-21-09 Heartsover First Aid Certificate 1 -21 -10 Confined Space Certificate 1.16 -12 First Aid /CPR /AEL1 Certificate 1.16-12 25H -173 • Tan years experience In the pipeline construction industry, managing and porfarming a full spectrum of general and specigo pipeline labor duHss. IPTIMI Heavy Equipment Operator Skilled in the use of pipeline construction equipment and tools Effectively applies methodology and enforces project standards Strong communication and organizational skills s s. T, L ROBERTS, INC., TUSTIN, CA 20044 Superintendent Present Manage completion of residential and commercial construction projects In a timely and professional manner. Supervise crews of skilled heavy equipment enormous and general labor personnel. Monocle strict safety standards and procedures. TRAINING Heortsaver First Aid Certificate 1.21 Excavation Safety & «m s. California Class A Driver's Ucense 2-1 i 25H -174 Owner; City of Newport Reach }# Civic Center Drive Newport Beach, CA } i Project Name: Corona del Mar Transmission Pipeline Improvements Description, ##} 1630"CML & C water main and appurtenances Contract Award. $4,AO2,750.00 Completed. $A,796,801.66 Project Awarded: 1/23/13 Project Completed: 6113114 Ownort Son Gabriel Valley Water Company 11142 Garvey Avenue El Monte, CA 91732 POCg Fronk LoGuldlos (626) 448-6183 Description. Project Name: 8211 L big Dalton Avenue ## Contract Award: }# Completed. $252,99100 Project Awarded: 9-16-13 Project Completed: 1/17/14 Owner: Rose Hills Memorial Park & Mortuary 3888 Workman Mill Road Whittier, CA 90601 POC. Michael Baron (562) } Description: Project Nomw. Purity and Lotus Storm Drain at Rose Hills !. storm drain including catch basins and manholes Owner: Contract Award. $523,150, Project Awarded- 9/9/13 Completed 12/26/13 3888 Workman Mill Road Whittier, CA }.# i # Project Name. Lakeview Storm } i } Drain storm drain including catch basins and manholes Contract amount. $821,300.00 Owner. Project Awarded: 7/3/13 Project Completed. 10/28/13 1325 North Grand Avenue, Suits f Covina, CA t• Project Name" WO# 134120 Zone 265 Description, #} Contract amount: #} Project Awarded: All 1/13 Project Completed: 9/6/13 25H -175 OW"*r* South Coast water District 31592 West Street Laguna +, valve Project Name, Niguel Shares Volvo Replacement Description. Replacement of 16 Contract amount. $229,50O AO Project Awarded. 8/8/13 Project Complofttd 10/10/13 Owner: 1400 Highland Avenue Manhattan Reach, CA t • t� s t Project Nomez, 2011-12 Water Main Replacement Description- tt «. water main replacement and appurtenances Contract amount, t+ Project Awarded- 3/11/13 Project Completed: t Owner: 3888 $, Workman Mill Road Whittier, CA t;+ + t Project Nome. Admiration Storm Drain «: HOPE storm Contract amount: $200,00000 i Project Awarvied, 3/11/13 Project Completed 6-743 Owa6r* Golden State Water Company 21,43 Convention Center Way, Suite 110 Ontario, t, Proloot Nome: Now Water Main Installation, El Monte « tt DIP pipe and appurtenances Contract amount: tU Project Awarded- 2/.4/13 Project Completed: 5/31/13 • Department tt Corona, CA 92882 POC- Clint Herrera (951) 739-4888 Project Nome: City D + « «+ s t casing through Cal Trans Right of Contract amount: i $1,313,800.00 Trojoat Awarded, 9/16/12 Project Completed: 1/18/13 25H -176 Owner, Upper Son Gabriel Volley Municipal Water District 602 E Huntington Drive, Monrovia, CA 91731 !: tat" Contract amounh #t t0 Owner: Project Completed: 11/19/12 1325 N. Grand Avenue, Suite t+ Covina, CA 91724 • #t Project Name- Acapulco, Greening, Maryknoll & Colmodo Pipeline #: a Contract amount: #`! t` t0 Project Completed; 11/12/12 Owner,. Orange County Public Works 1152 Fruit $treat Santa Ana, CA a Drain POC: George Zoun (714) 2454528 Project Noma: Ethelbee Way Storm Description: # Contract amount: a Project Completed, 11/2/12 • District 271 South Brea Canyon Road Walnut, CA 91789 3 t" Diop Description. Project Name- Water Main Extension on Amor Road DIP and appurtenances Contract amount: t# Project Complotall; A/27/12 Owner- 2 1 A3 Convention Center Way, Suite 110 Ontario, 'f "a" ) 937-0111 Aliso DeHoyos Project Name: West Ojai Avenue Main install Description: a DIP water main and appurtenances Contract amount.- at Project Completed. A/18/12 25H -177 CrWrer: Monte Vista Water District 10575 Central Avenue Montclair, CA 91763 i #+ tR Project Name- Grand Avenue Description. + contract amoaaft $588,806,00 Owner- Project Completed- 3/29/12 116 E, Foothill Boulevard Glendora, CA 91741 i Isrs jut k Improvement Project, Plan No, #. Description: }} DIP and appurtenances Contract ismontift ## Owner: Project Completed: 1/19/12 10621 Victory Boulevard North Hollywood, CA }, i Doug Hordenbrook (909) 825-9248 Project Noarst Angel Polls at Westminster Memorial Park Descriptlow Installation # double t0 Owner. Contract amount, ProjoatComplistod: 12/31/11 10621 Victory Boulevard North Hollywood, CA #+ • Doug Hisidenbrook : t' Project Name. Jordin R Oak + Description: Contract onstsoafn $99,520.00 Project Completed: 10/27/11 i Ontario 1426 & Son View Avenue i. t, Description. Project Name. Recycled Water Pipeline, Phase 111-8 RR Contraist amount: R} Project Completed- t 25H -178 Owner: City of Glendora 116 E. Foothill Boulevard Glendora, CA 91741 POC- Jason Roohrborn (626) 914-8253 D Project Name: escription: f » #! t DIP Project completed: f Contract amount: $167,700.00 xappurtenances ♦ 011mons Construction Company 10005 Mission Mill Road Whittier, CA :# POC: Gary Lacey (562) 9AO.4242 Project ! :i c !! Contract amouot $47,6040 Project Completed. i Owner: 11142 Garvey Avenue 91 Monte, CA 91732 POC. Prank LoGuldice, (626) 44" 183 Project Name- Baseline Avenue Improvement AAOO' GWOR pipe and appurtenances Contract amovoP $243,727,20 Prolootcomplotociz 9/13/11 Owner; City of Newport Beach !t Civic Center Drive Newport $each, CA 92660 POC: Patrick Arciniego (94V) 644-3347 5 Description, #!! Contract amount: #f Project Completed. 8/9/11 Owrer� Water Conservation Authority 100 N Old Son Gabriel Canyon Road Azusa, CA i # t: +x x ! Project hlamo Duck Description: Contract amount- f !4 Project Completed- 716/11 25H -179 Ownerz Suburban Water Systems 1325 N. Grand Avenue, Suite ii Gott (626) Covina, CA 91724 } Craig De 080 1} 12' pipeline and appurtenances Contract amount: #} i} Project Completed- 7/5/11 Owner- Golden State Water Company 21,43 Convention Center Way, Suite } • Ontario, Doug } oxt 105 Project Name: 1521 Street, Gardena appurtenances Controot amount- #. } ## Owner- Completed project: 616111 2143 Convention Center Way, Suite I } Orvforio CA 91764 • t' ) 9374111 axt 330 Project Nomett Description. t Contract amount. 1} Completed project: 5118111 Owner: tt Highland Avenue Manhattan beach, CA •} POC: Michael Guerrero i ;} Project Nomo 2010.11 Water Main Replacement • t }} 25H -180 Owner: City of Manhattan Beach i! Highland Avenue Manhattan Beach, CA 90POC: Michael Guerrero 266 8024365 2007-10 Water Main Replacement R. 9,550'w4tor main Contract amount' $1,012,326,00 « Completed Project: } District Owner' Upper Son Gabriel Valley Municipal Water 11310 Volley Boulevard El Monte, CA 91731 POC- Andrew Crider (626) # Project Nome Rosemead Extension Recycled Water Pipeline Description: 13,000' reclaimed Contract amount: $1,526,312,00 ! Completed project. t Owner: 1325 N. Grand Avenue, Suite Ai Covina, CA 9 1 72A ! Craig #} Project Name: Replacement of Intercormoctlart with City of Lo Habra Description.- Valves and vault replacement between Suburban Water Systems and the City of Lo Contract amount., # }! ## Habra Development Completed proloct- 2/19/10 Owner: California 150 South Arroyo Parkway, suits } Pasadena, 'i Project Name. Gables Whittier csii- }: '!0 Completed project- }} ! District 27500 Lis Paz Road Laguna Niguel, CA 92677 POC: Matt Crawl (949) 795-6759 Drive Project Name; Part Vism/Mormo Hills Description- Contract amount* $A7,12040 completed project: }« 25H -181 Owner: Mole University 13800 Biala Avenue La Mirada, CA 40634 ROC; lady Spicer (562) 4034781 Project Nome: Biala Myers Expansion Descriptions 12" water main and appurtenances Contract amounts $106,520.00 Completed project: 7/27/04 Owner: San Gabriel Valley Water Company 11142 Harvey Avenue El Monte, CA 41752 POCt Prank LoGuidice (626) 446.6183 Project Name; Dolewood Avenue pipeline project Descripticns Removed and replaced 2,000' of 24" ems /cme waterline Contract amount; $442,307.00 Completed project: 5/27/04 Owners Bellevue Memorial Park 1240 West 0 Street Ontario, CA 41762 POC; Randy Inlow (404) 486.1201 Project Nome- Bellevue Memorial Park Recycled Water Retrofit Description, Converted Bellevue Memorial Park from city water to reclaimed water Contract amount; $481,475.00 Completed project: 11/21/08 Owner, The Aerospace Company 2350 East El Segundo Boulevard El Segundo, CA 40245 POCs Stove Faith (310) 336x6355 Project Nome: Irrigation Recycled Water Retrofit and Potable Water Installation Description: Installation of recycled water retrofit and potable water for Aerospace Corporation Contract amount; $74,310.00 Completed project: 07/03/08 Owners Rose Hills Company 3888 South Workman Mill Road Whittler, CA 40601 POCt Bruce Lazenby (562) 644.0421 Project Name; Sky Ridge Description; lnntallotion of 36" storm drain with catch basins Contract amount; $103,600.00 Completed project: 12/20/07 25H -182 RUMM Phones (714) $36.7711 Prank LoGuidice Phone; (626) AAS -6183 Vice President - Engineering and Operations San Gabriel Valley Water Company Phone. (626) 41A -9253 Jorge Lopex Phone: (626) 543.2500 Engineering Manager Suburban Water Systems Phone. (404) 62A -0035 Michael Guerrero Phone: (310) 802.5355 Principal Civil Engineer City of Manhattan Beach Phone: (714) $28.1+469 Thomas O'Neill Phone: (400) 345.2601 Utilities Operations Division Manager City of Ontario, Ontario Municipal utilities Company Shane Chapman Phone- (626)4A3 -2247 General Manager Upper Son Gabriel Valley Municipal Water District Michael Sioacorl Phone: (444) 644.3342 Assistant City Engineer City of Newport Beach Michael saran Phone: (562) 20541835 Director, Property Management Rose Hills Memorial Park 6 Mortuary George 2oun Phone: (714) 245.4528 Principal Construciion Inspector OC Public Works Eric Pivaraff Phones (714) $36.7711 Contract Administrator extension 348 Golden State Water Company Jasonioshrborn Phone. (626) 41A -9253 Clvll Engineering Assistant City of Glendora Van Jew Phone. (404) 62A -0035 Manager of Engineering, Operations and Maintenance Monte Vista Water District Steve Brown Phone: (714) $28.1+469 Water Distribution Superintendent extension 101 Golden State Water Company 25H -183 4 �r s° �a *: s' • t mguIEW The City resolves tho fight to contact oaO of it* mforonotis listed for additional Information regarding your ffnWs qualificationc Year RFP# iMUd4— aa- CallEmsrgancy8sv�ea�rdWeter RepateSeM Pa{}e 20 25H -184 CrIYOPSANTAANA *e•s .II M MP M 00 Firm • IZobC0-5 , 1 r SC • Signed and Printed Nama k °�1YY L � Title St 25H -185 CITY OF SANTA ANA t a a � • a a' tt ��� t ♦ t _ + 25H -186 sx y.. �� #f$- •- {i[F{i81) �RIIBF &6M4Y $BWBP &Pid �U8f8Y fa'}�BF�t �ib{t��fti@fYi 25H -187 ., 1plm-mqffii m . � } a�11, i m 25H -188 SSENEMIRM by 0 rGxl41ri il ra �µA}CORD 225 (y2{014MI) g 55 Pm A @6gry04((tpptkkfttnapmpaa���eeand 1140 am T"Iwkwad mwka of ACORD T353& CbSkRESCBtA VAllCB 8 IIIAd �BUT¢dC @aQ${ASr4 PcePiUt4 VIA'®a9d QaFGS Aoatas� 25H -189 POLICY NUMBER:TBJZ01450002= COMMERCIAL GENERAL LIABILITY ce 20 10 10 01 ADDITIONAL 1 OWNERS, i CONTRACTOR $ — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the foWng. COMMERCIAL GENERAL LIABILITY COVERAGE PART v + Q€ ties ntry appears above, information required to complete this endorsement will be $hewn In the Declarations as applicable to this impressment) A. 8cation it – Who is An insured Is amended to (1) All wort:, including materials, parts or Include as an Insured the person or oigaNzation equipment famished in connection with shown In the 8ehadma, but Only with rospset to ilabliily arising out of your Ongoing operations such work, an the project (other than service, maintenance or repairs) to be performed for that insured. peNOrmsd try Or on behalf at the add(- B. With respect to the Insurance afforded to these Banat naurad(s) at the Site of the cov- Bred opera0ana has been compktted; additional insureds, the festering exclusion Is or added: 2. Exclusions the That portion of "your work` out of which the injury or damage Arabs has been This insurance does not apply to "bodily in- put to iN intended use byyany person or jury or`propary darow occurring after. Organizeow other than another car sector or subcontractor onglaged in parformtng operations for a prindrpai as a part of the same project. CO 20 10 10 01 0ISO Pffewl r% Ina., 2040 Paga 1 of 1 C1 e 9 ®c���� cat o°da ae a anairervpi9e °a`das "'a>�.1PPi°�Iyeuaa aercitaesaoa, 25H -190 ce 20 97 10 01 C ISO PmPar0ee,1m, 2000 Pogo 1 of 1 Ct s aaxk��{aaea�" azic' a anti �supassa�a°;s�ir� �ee�s2e$a1�Y8iBaauad cast # #ioatos. 25H -191 7II19 ENDORBENI T CHANGES THE POL,ICV> PLEASE READ IT CAREFULLY. Other Insurance Amendment Endorsement This OadorsOmant modifios ituumnce provided uudcrdte.Adming: COMMERCIAL GENERAL LIABILITY COVERAGE PART pa h &,a. orsectionIV - Cwmxasdal Genemt Liability Condition, is replaced with the Milowing: This inauraaco in primary except whmx PsragmPh h. LdOw aPFhaa. IPdta lnsataace is pefmaty> our oLfigatons air: uo[ Affixted West any of 60 other wanarwe is 41W .`ncon, we will share, with of that Other in by the nxftd Awrited in Patagraph a, below, axuept that we w411 mot wateihudo e from any party with whatnYou Lase agreed in a written Ooneact that this insumosa wt7f be Primer Bud non-emittihutoty, iPthe written canhu+;t "a esosnrt A Prior to the satil "Sidfly inpry pm" 0% or"pmwftt and advertisutt hirmy ". QL3424 Page 1 of t 13-47 tl oaee. °oat® oa[we soda HU°Ptliatiaa®e° �p�rvi�lY�#stlua8 dsktificatas. 25H -192 T. E. Roberts, me- POLICY NUMBERTBd899469909023 COMMERCIAL GENERAL LIABILITY 0024040509 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UASILRY COVERAGE PART PRODUCTStCOMPLETED OPERATIONS LIABILITY COVERAGE PART �4 �hhgg GO 24 04 05 09�p gCyagp{ dErs,, Insurance Services Offica, IM, 2008 Page 9 of 9 RttAB QO; }G6t@ 4fll CR1R 8rt9 t844p6E5@Q @6 §864 ¢suV48t�6S8 S$ &�b8d C6LCLPLC6k8B. 25H -193 aa° + •r The following sections modify the Insurance provided under the Commercial General Wablilly Coverage Part: Z The Designated General Aggregate limit Is the moat we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily Injury or "property damage' Included In the "products- oompiated operations hazard', and for medical expenses under COVERAGE C regardless of the number of. a. insured$; b. Claims made or "salts° brought or s, Persons or organizations making claims or bringing "$ur s °, S. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses chart reduce the Designated Gonaret Aggregate arcs for that construction project or "location ". such payments shall not reduce the Donald Aggregate limit shown in the 00damtons nor shall Italy reduce any otter Designated General Aggregate Quell for any other oonatructan projector °IocatEon". &. The Omits shown In the Declarations for Each Occurrence, Fite Damage and Medical Expense oominuo to apply. However, instead of being subject to the General Aggregate limit shown In the Daciarat(ans, such limits will be subject to the applicable Designated Garrem(Aggreple ltmtt. B. For all sums which the insured becomes legally obligated to pay as damages caused by "necureanaw under COVERAGE A (SECTION t), and for all medical expenses caused by socidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a stadia construction project or toraton": 1< Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the Cereals Aggregate limit or the Produeq- Completed Operations Aggregate Lima, whichever Is applicable; and Pagel oft .' 'aatsd4�°¢maa a s�ittf ��uP Yea'�ee° Mi slay° asod certificates. 25H -194 C. When coverage for Ilablitty, arising out of the 'prodescurcomplemal . operations hazard' Is provided, any payments for damages because of 'bodily injury' or `property damage" included In the 'products, completed operations hazard' will reduce Uta Products-Completed Operations Aggregate Limit, and not Manor, the General Aggregate Limit nor the Designated General Aggregate Umit. D. if the applicable construction project has keen abandoned, delayed, or abandoned and Visa recorded, or if the authorized contracting parties deviate fom plans, blueprints, designs, spenigcadome or timetables, the project will still be doomed to be the some ton project. E. For the purposes of this endorsement, the DoBnitiano Section is amended by the addition of the faliowing deffn8lers Unrolled' means any policies that you occupy for parliament operations as pan of your business, but does not Include any premises at which you are performing operations as part of a construktion project, Alt premises Involving the same or conducting lots, or premises whose connection is Interrupted only by a strate, roadway, waterway or right•ef -way of a ralirood shell be considered a smille 9otadon". .. ♦ r t♦ ♦ s c r A. The Project and Location Aggregate Limit shown hero is the most we will pay for the sum of all damages Doused #y "o amencoV under COVERAGE A (SECTION 1) and alE medical expenses Adused #y accidents under COVERAGE G (SECTION 1) which can to computed only to ongoing 0 psm5kns at a angle constmcdon project or a solgie 'location', regardless of the number of construction projects, locations, - oakuda rdoe or accidents. S. Each Designated Consist Aggregate Limit is subjeatto the Project and Lot a ion Aggregate Limit, ciao ena«snmmamoa ew lna Wausau Undkrandors insurance FretnWm s s0 ham gPtPd019 aup�sx, pata0tiP20114 Farasadnnr±sroPdlcy NU..TSJZOi Audit edrut issued To T, E. Roberts, Inc, Cauatarsta+'ad by Issued sefto Wwaod Na. EM, scroll No. LO 91178 05 05 Sttd4 9af EY.S.fSGkab�CM�Ca 9 •R(R 9A,�Q£99{Akl. PE�YY@Y9��Si83NNS C §YtL/.$CA #98. 25H -195 AGREEMENT EXHIBIT C 71747177 i •` ♦' PROPOSM CERTIFICAMON and PROPOSAL r" PRICING L t i t t a on eml fanu son agruouTut f mu WARRIMU --w11k91w wo, MOM i clarification priarto the submission of MY ProPosaL lgilig"I bM eft . Pricing shall be basw on a a udy cost ffm a and mtenlafs basis - s" n0fra" Y i tEL;AL NAME G7F COMPANY PNONE AND FAX NUMBERS BUSINESBADDRES in 25H -196 AGREEMENT EXHIBIT C T.E. Roberts, Inc On -Call Rates EQUIPMENT Large Excavator hourly Medium Excavator straight Small Excavator time rates LABOR $55.00 Superintendent $162.50 Project Manager $97.50 Foreman /Operating Engineer $97.50 Foreman /Laborer $97.50 Operating Engineer $73.25 Laborer $40,75 Pipe Layer $48.75 Welder $65.00 Teamster $52.00 EQUIPMENT Large Excavator $110.00 Medium Excavator $100.00 Small Excavator $90,00 Back Hoe $55.00 Air Compressor $20.00 Dump Truck /Super 10 $60.00 Pickup Truck or Van $25.00 Crew Truck $40.00 Flatbed Truck $25.00 Bed Trailer $45.00 Truck and Pup $75.00 Water Truck $35.00 Sweeper $72.00 Wheel Loader $55.00 Skip Loader $40.00 Skid Steer $40.00 Asphalt Zipper $80.00 A 24 hour Emergency Contact List with home and cell phone numbers will be provided to the city. Upon notification, T.E. Roberts, Inc. will immediately report to an emergency site within one hour to assess the scope of work. A crew will mobilize within four to eight hours with appropriate personnel, equipment and materials to begin repair work. Our extensive fleet of equipment and personnel allows us to mobilize quickly to perform a wide array of services to efficiently complete projects. 25H -197 25H -198