Agenda packet — Santa Ana City Council, May 2, 2023 (part 8 of 11)

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

KPFF CONSULTING ENGINEERS FOR ON-CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between KPFF Consulting Engineers (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On February 22, 2023 the City issued a Request for Proposal (“RFP”) No. 23-025, by which it desired to retain a consultant having special skill and knowledge in the field of engineering services on an “on-call” basis for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 23-025, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the “Scope of Services”, which was included in RFP 23-025 and is attached hereto and fully incorporated herein by this reference as Exhibit A.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of ten (10) separate consultants selected to provide services on an on-call basis under RFP 23-025. The total compensation for services provided by all consultants selected under RFP 23-025 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below.

EXHIBIT 6
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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on May 2, 2023 and end on May 1, 2026, with the option for the City to grant up to two (2), 1-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section.

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b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, City Council 19 – 120 5/2/2023

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its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting City Council 19 – 121 5/2/2023

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coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent caused by the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, but only to the extent caused by the Consultant. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

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the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

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the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. 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 City Council 19 – 124 5/2/2023

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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.

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

Ali Khamsi
Principal
KPFF Consulting Engineers
140 Newport Center Drive, Suite 100
Newport Beach, CA 92660
email: [email protected]
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A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF SANTA ANA AND KPFF CONSULTING ENGINEERS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO KPFF CONSULTING ENGINEERS:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Ali Khamsi
Principal

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EXHIBIT A

SCOPE OF SERVICES
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City of Santa Ana RFP 23-025
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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

INTRODUCTION/BACKGROUND
The City of Santa Ana intends to retain Civil Engineering Consultants on an as-needed or "oncall" basis. A Professional Services Agreement will be entered into with several of the qualified firms Civil Engineering consultant(s) to provide professional services for a variety of projects on an oncall basis. On an on-call, as-needed basis, the selected firm(s) may later be asked to provide professional engineering services proposals on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.

In general, work consists of general engineering design projects. Funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The projects may include water and sewer infrastructure design and rehabilitation improvements, storm drain improvements; sidewalks, bike paths, curb and gutrer replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design., grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for mapping and legal description preparation, construction management, staking and inspection. Occasionally the City may also need geotechnical, electrical, mechanical, structural, and other specific infrastructure related services.

The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub-consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require 11 sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the snb-consultant.

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

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City of Santa Ana RFP 23-025
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Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

The work in general, consists of work in the following areas and not limited to:
• Civil Design
• Transportation/Traffic
• Structural
• Geotechnical
• Land Surveying
• Architectural
• Landscape Architectural and Irrigation
• Environmental
• Electrical
• Mechanical
• Instrumentation and Control Systems
• Fire Protection
• Land Surveying
• Financial and Economic Consulting Engineering Consulting Engineering In addition to general engineering design projects Consultants may be asked to perform the following tasks:
• Hydraulic modeling of the water distribution, storm water, and sewer collection systems • Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems, disinfection systems, pressure control systems, and sewage lift stations,
• Electrical and industrial control systems evaluations, studies, drawings, documentation and recommendations
• Mapping Services
• Legal Description Preparations
• Grant Writing- Services
• Environmental/Planning Support
• Construction Management Support
• Pavement Management
• Special Engineering Studies/Reports/Compliance and Investigations • Regulatory Compliance with Federal and State and Local Agencies • Financial/cash flow analysis public works programs
• Assessment and District Formation Services
• Sustainable Infrastructure Services
• Right of Way Studies
If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form).

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For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

General. Requirements and Project Deliverable
The Consultant's services for plans specifications and estimating (PS&E) for engineering project preparation and special studies/investigations shall include and in be in confom1auce with the latest editions of the following: Title 24 of tile California Code of Regulations (California Building Standards Code). American Water Works Association, California Department of Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by tile City, and or federal, state and local guidelines established in the project.

As part of the preparation of the PS&E, tile consultant shall prepare the special provisions pertaining to the items of work included in tile plans that are not addressed on the latest editions of the applicable standards.

The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in. the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified.

The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
• Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks inch1ded therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
• Deliverables
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

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The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

2. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental. Quality Act (CEQA), and or National Environmental Protection Act (NEPA). (If required)

3. Provide all field survey and topographic work necessary to complete the design effort.

Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 88 and the vertical datum shall be NAVD 88.

All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects.

4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer’s estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant.

5. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper using Microstation V8i CADD software program. All drawings shall be completed per the City of Santa Ana CADD Standards and any special provisions thereof. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly.

6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in- charge of the project.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 132 5/2/2023
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construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

8. If included in the on-call project scope, upon completion of construction, the Consultant shall prepare as-built plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built plans shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as-built drawings via CD or e mail.

9. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by lhe City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional-level quality of work product.

10. If included in the on call project scope, attend meetings with the City staff as required. 1I. If included in the on-call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant All tasks orders shall include the staff title, hours, hourly .rate and totals as related to the project.

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Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary Design Report (PDR) or alternatives, preliminary cost estimate and preferred alternative as requested by the project manager.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

One (1) copy of the documents with comments will be returned to the consultant. Unless, several agencies are involved in the review process multiple documents with comments will be provided to the consultant.

After the final design comments have been incorporated the consultant shall provide the City with final (PS&E) package ready for bid. See Section - General Requirements and Project Deliverables Section.

Project Schedule and Progress:

Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements 1md project schedule progress.

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities Fee Proposal:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 134 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 135 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 136 5/2/2023
Santa Ana
Design of the Parks & Facility On-Call
Engineering Services
Proposal # 23-025
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Civil Engineering Services Proposal for the City of Santa Ana March 14, 2023
Ali Khamsi - Principal
949.478.8800 - [email protected]
City Council 19 – 137 5/2/2023
Fee Proposal
Santa Ana Homeless Shelter
City Council 19 – 138 5/2/2023
140 Newport Center Dr., Suite 100 Newport Beach, CA 949.478.8800 kpff.com Basis of Proposal
This Cost File proposal is for the breakdown of the KPFF team’s services for the City of Santa Ana Parks & Facility On-Call Engineering Services RFP (RFP No.: 23-025).

Here is a list of the consultants and their roles for the project:

KPFF – Civil Engineer, Structural Engineer, Land Surveying and Project Management

Linscott, Law & Greenspan (LLG) – Transportation/Traffic Engineer Leighton – Geotechnical Engineer
Dewberry - Architectural
BrightView Design Group – Landscape Architectural and Irrigation

MEP California Engineering Corp (MEPCal) – Mechanical, Electrical, Plumbing and Instrumentation & Control Systems
Woden – Fire Protection
Cumming – Financial and Economic Consulting Engineering

Each consultant’s hourly rate schedule is included in this Cost File.

Please feel free to reach out to KPFF – Grant Kai, who will be the Project Manager for any awarded projects, if there are any questions or comments regarding the design team costs.

SUMMARY
Thank you for allowing us to submit this proposal for the project. If this proposal is acceptable to you, please return a signed copy to us prior to the start of work. Please feel free to contact us with any questions or comments.

Sincerely,
Grant Kai, PE
Associate
140 Newport Center Drive, Suite 100
Newport Beach, CA 92660
[email protected]
(949) 478.8800
City Council 19 – 139 5/2/2023

KPFF CONSULTING ENGINEERS

HOURLY RATE SCHEDULE
2023
PRINCIPAL-IN-CHARGE ................................................................. $290 SENIOR PROJECT MANAGER ........................................................$235 PROJECT MANAGER......................................................................$215 PROJECT ENGINEER ......................................................................$180 DESIGN ENGINEER ........................................................................$165 CHIEF CAD OPERATOR..................................................................$190 DRAFTER / CAD OPERATOR ..........................................................$165 ADMINISTRATIVE/SECRETARY ......................................................$110 Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided, but in no event shall rates increase by more than 3% annually.

City Council 19 – 140 5/2/2023
City Council 19 – 141 5/2/2023
City Council 19 – 142 5/2/2023
City Council 19 – 143 5/2/2023
City Council 19 – 144 5/2/2023
City Council 19 – 145 5/2/2023
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City Council 19 – 148 5/2/2023
City Council 19 – 149 5/2/2023
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City Council 19 – 164 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

SHANNON & WILSON FOR ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Shannon & Wilson (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

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:

EXHIBIT 8
City Council 19 – 165 5/2/2023

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City Council 19 – 166 5/2/2023

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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

City Council 19 – 169 5/2/2023

Page 6 of 10 ends

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

City Council 19 – 170 5/2/2023

Page 7 of 10 ends

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

City Council 19 – 171 5/2/2023

Page 8 of 10 ends

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 172 5/2/2023

Page 9 of 10 ends

To Consultant:

Page 10 of 10 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF SANTA ANA AND SHANNON & WILSON
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO SHANNON & WILSON:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Dean Francuch
Senior Associate
City Council 19 – 174 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 175 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 176 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

City Council 19 – 177 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

City Council 19 – 178 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 179 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 180 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 181 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 182 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 183 5/2/2023
2023 FEE SCHEDULE – LOS ANGELES OFFICE
Fees for Professional Services
Officers/Associates
Senior Vice President ................................................................................................... $310.00/hr.

Vice President................................................................................................................ $285.00/hr.

Senior Associate ............................................................................................................ $255.00/hr.

Associate ........................................................................................................................ $230.00/hr.

Engineering/Geology/Hydrology/Environmental
Senior Professional III .................................................................................................. $205.00/hr.

Senior Professional II.................................................................................................... $185.00/hr.

Senior Professional I..................................................................................................... $165.00/hr.

Professional IV .............................................................................................................. $140.00/hr.

Professional III .............................................................................................................. $130.00/hr.

Professional II................................................................................................................ $120.00/hr.

Professional I................................................................................................................. $105.00/hr.

Field and Lab Technician/Drafter/Technical Assistant Regular Overtime DGI and Senior Technical Services......................................$135.00/hr. ................... $169.00/hr.

Technical Services (IV, III)....................................................$115.00/hr. ................... $144.00/hr.

Technical Services (II, I) ..........................................................$85.00/hr. ................... $106.00/hr.

Administrative Regular Overtime
Office Services (Senior, V, IV) ..............................................$140.00/hr. ................... $175.00/hr.

Office Services (III, II) ...........................................................$100.00/hr. ................... $125.00/hr.

Office Services (I).....................................................................$85.00/hr. ................... $106.00/hr.

Special Services
Senior Consultant ........................................................................................................... as quoted Consultant........................................................................................................................ as quoted Instrumentation Specialist........................................................................................... $195.00/hr.

Prevailing Wage Surcharge
The hourly rates will be increased by $45 per hour for prevailing wage work.

Expert Testimony
The hourly rates for the services of our staff will be doubled for time spent actually providing expert testimony.

Subconsultants, Subcontractors, and Reimbursable Expenses Expenses other than salaries that are directly attributable to our professional services will be invoiced at our cost plus 15% Shannon & Wilson may employ subconsultants and subcontractors, as necessary, to assist in furnishing its services. Examples include, but are not limited to, drillers, excavating companies, and laboratories.

Subconsultant and subcontractor fees will be invoiced at cost plus 15%.

Vehicles
Trucks and Field Vehicles…………………. ……………….$25/hour up to $200.00/day Personal Vehicles ……………………………………………..per Federal Mileage Rate Field Equipment and Laboratory Testing (see separate schedule) These rates are for services provided for the current fiscal year (FY). At the end of each FY (December 31), rates will be adjusted for the next FY and invoiced accordingly, but in no event shall exceed 3% annually.

City Council 19 – 184 5/2/2023
EXHIBIT 9
City Council 19 – 185 5/2/2023
City Council 19 – 186 5/2/2023
City Council 19 – 187 5/2/2023
City Council 19 – 188 5/2/2023
City Council 19 – 189 5/2/2023
City Council 19 – 190 5/2/2023
City Council 19 – 191 5/2/2023
City Council 19 – 192 5/2/2023
City Council 19 – 193 5/2/2023
City Council 19 – 194 5/2/2023
City Council 19 – 195 5/2/2023
City Council 19 – 196 5/2/2023
City Council 19 – 197 5/2/2023
City Council 19 – 198 5/2/2023
City Council 19 – 199 5/2/2023
City Council 19 – 200 5/2/2023
City Council 19 – 201 5/2/2023
City Council 19 – 202 5/2/2023
City Council 19 – 203 5/2/2023
City Council 19 – 204 5/2/2023
City Council 19 – 205 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

WILLDAN ENGINEERING FOR ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Willdan Engineering (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

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:

EXHIBIT 10
City Council 19 – 206 5/2/2023

Page 2 of 10 ends

City Council 19 – 207 5/2/2023

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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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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.

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 213 5/2/2023

Page 9 of 10 ends

To Consultant:

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 216 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 217 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

City Council 19 – 218 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

City Council 19 – 219 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 220 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 221 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 222 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 223 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 224 5/2/2023
March 25, 2023
City of Santa Ana
Attn.: Michael Ortiz
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Subject: Fee Proposal to Provide Parks & Facility On-Call Engineering Services, RFP No. 23-025 Dear Mr. Ortiz:

Willdan Engineering (Willdan) is pleased to submit this fee proposal to provide Parks & Facility On-Call Engineering Services as identified in our technical proposal.

Should you have any questions regarding the following fee proposal, please contact Mr. Mike Bustos by mail at Willdan Engineering, 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806; by phone at805.279.6870; or by email at [email protected].

Respectfully submitted,
Willdan Engineering
Vanessa Munoz, PE, TE
President
City Council 19 – 225 5/2/2023
3%
City Council 19 – 226 5/2/2023
3%
City Council 19 – 227 5/2/2023
3%
City Council 19 – 228 5/2/2023
City Council 19 – 229 5/2/2023
City Council 19 – 230 5/2/2023
Public Works Agency
www.santa-ana.org/public-works
Item # {{item. number}}
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: Agreements for On-Call Emergency Asphalt and Concrete Services

AGENDA TITLE
Approve Agreements with Bruce Anderson Enterprises, Inc. dba A’s Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. for Emergency Asphalt and Portland Cement Concrete (PCC) Services for a Total Amount Not to Exceed $3,000,000 for up to a FiveYear Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Bruce Anderson Enterprises, Inc. dba A’s Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. to provide oncall asphalt and concrete placement services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning May 2, 2023 and expiring May 1, 2026 with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City occasionally requires the services of independent contractors to assist with emergency asphalt pavement and concrete pavement repairs. These services may include performing related site restoration such as repairs to streets, sidewalks, curbs, gutters, and curb ramps, as directed by staff, to ensure infrastructure is maintained in an appropriate and safe condition during unforeseen events. Portland cement concrete (PCC) may be mixed at a central location and transported to a job site, or mixed at a project site.

On January 18, 2023, the Public Works Agency (PWA) issued a Request for Proposals (RFP) for emergency on-call asphalt concrete, and concrete repairs via the City's Planet Bids website. A total of 735 vendors were notified of the RFP and 29 downloaded the proposal files. Six proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding firms with qualifying proposal scores:

City Council 20 – 1 5/2/2023
Agreements for On-Call Emergency Asphalt and PCC Services May 2, 2023

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Firm City Rank
A’s Construction Santa Ana, CA 1
Vido Samarzich, Inc. Rancho Cucamonga, CA 2
EBS General Engineering Inc. Corona, CA 3
Excel Paving Co. Long Beach, CA 4
Hardy & Harper, Inc. Lake Forest, CA 5
We R Builders, Inc. Glendale, CA 6
Staff recommends awarding on-call agreements to all six top-ranked shortlisted firms:

A’s Construction, EBS General Engineering Inc., Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. to provide on-call emergency repairs (Exhibits 1-6). These highly ranked firms demonstrated they have the experience, staff, equipment, and the financial security to provide a rapid response to the City's emergency infrastructure needs. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City.

FISCAL IMPACT
At this time, there is no fiscal impact associated with this action. During the FY 2022- 2025 contractual term, the Public Works Agency will follow the established on-call services process when requesting necessary fiscal review and authorization for any potential fiscal impact. Prior to utilizing the on-call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the shared $3,000,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

EXHIBIT(S)

1. Agreement with A’s Construction

2. Agreement with EBS General Engineering Inc.

3. Agreement with Excel Paving Co.

4. Agreement with Hardy & Harper

5. Agreement with Vido Samarzich, Inc.

6. Agreement with We R Builders, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 20 – 2 5/2/2023
AGREEMENT WITH BRUCE ANDERSON ENTERPRISES, INC., DBA A’S CONSTRUCTION

TO PROVIDE ON-CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY

OF SANTA ANA
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Bruce Anderson Enterprises, Inc., a California corporation dba A’s Construction (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On January 18, 2023, the City issued Request for Proposal (“RFP”) No. 22-096, by which it sought qualified contractors to provide on-call emergency asphalt and PCC services for the City’s Public Works Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-096.

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
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-096, which is attached as Exhibit A, and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of six (6) contractors selected to provide emergency asphalt and PCC services on an on-call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not EXHIBIT 1
City Council 20 – 3 5/2/2023
be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on May 1, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not City Council 20 – 4 5/2/2023
within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions): if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and a $2,000,000 aggregate.
(5) Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 20 – 5 5/2/2023
(2) Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(6) Claims Made Policies (applicable only to professional liability):
i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
(7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
(8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

City Council 20 – 6 5/2/2023
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
(10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this City Council 20 – 7 5/2/2023
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and 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 City Council 20 – 8 5/2/2023
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

City Council 20 – 9 5/2/2023

19. 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.

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

Andres Aguilar, CEO
Bruce Anderson Enterprises, Inc., dba A’s Construction
1661 W. McFadden Ave
Santa Ana, CA 92704
714-656-7421
[email protected]
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 City Council 20 – 10 5/2/2023
shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Kristine Ridge
City Manager
BRUCE ANDERSON ENTERPRISES, INC.,
DBA A’S Construction
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Andres Aguilar
Deputy City Attorney CEO
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 20 – 11 5/2/2023

EXHIBIT A
City Council 20 – 12 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 20 – 13 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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SCOPE OF WORK
Introduction and Background:

The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, and/or other infrastructure within the public right of that may experience failures within the term of the agreement on an on-call and emergency work for general improvements, on an as needed, Task Order basis.

DESCRIPTION OF WORK:

The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, and pavement markings,striping, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on-call emergency Task Orders specified per incident.

The work completed shall be in compliance with the City’s Standard Plans, Caltrans Standard Plans and the “Greenbook” and Caltrans’ Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City’s Standard Plan No. 1160, “Street Work and Utility Permit General Provisions.” QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER):

For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5:

Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. “Nature of Work.” Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and related work are, respectively:

Sample Task Order A - Asphalt Concrete
Item Description Qty Unit Unit Price Total
1 Unclassified Excavation 550 CY
2 AC Pavement 130 TN
3 Furnish and Install #6 Pullbox 4 EA
4 Adjust Manhole to Finished Grade 5 EA
5 PCC Curb and Gutter (Type A-2-8) 100 LF
6 Signing and Striping 1 LS
7 Traffic Control Work 1 LS
City Council 20 – 14 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 2 of 8 ends

Sample Task Order B - Concrete Paving
Item Description Qty Unit Unit Price Total
1 Unclassified Excavation 550 CY
2 PCC Sidewalk (T=4") 2,500 SF
3 PCC Curb Ramp 3,000 SF
4 PCC Curb and Gutter (Type A-2-8) 100 LF
5 Furnish and Install #6 Pullbox 4 EA
6 Adjust Manhole to Finished Grade 5 EA
7 Catch Basin (Type “B,” W=10’ ) 1 EA
8 Remove and Replace 30” Reinforced Concrete Pipe 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF
10 Guard Rail Replacement Termination (Caltrans) 1 EA
11 Remove and Replace Chain Link R/W Fence 50 LF
12 Concrete Barrier Type 836 (Caltrans) 50 LF
13 Traffic Control Work 1 LS

SURETY BOND
For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety “Payment” and “Performance” bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the “Greenbook,” surface drainage or street improvement plan measurements, or the approved itemized cost for each On-call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City’s Standard Plans, As-Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds were not required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City’s Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana.

CONTRACTOR RESPONSIBLITIES
Contractor must be able to respond to City’s request for emergency repair work on a timely and urgent manner.

The contractor shall be available on an on-call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor’s repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends.

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 3 of 8 ends

Business License.

1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license.
b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement.
c. A Contractors license (with appropriate classification). d. Proof of Worker’s Compensation Insurance.

2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City:

3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street.

SUBCONTRACTORS
Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor’s actual cost of such work.

The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor.

PAYMENT AND INVOICING:

Selected Contractor shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City
• Construction administration
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards), if needed • Electronic files for title sheets and sheet borders, if needed City Council 20 – 16 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 4 of 8 ends

• DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B & C):
• The unit prices paid for the items listed in the Contractor’s Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA’s 2012 Greenbook specifications.
• Each Sample Task Order’s work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals.

Sample Task Order A Items of Work
Item No. 1 - Unclassified Excavation
Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation.

Payment for over-excavation shall be paid for at the unit price for unclassified excavation.

Item No. 2 - Asphalt Concrete (AC) Pavement
Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Payment for asphalt concrete pavement used in areas of over-excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton.

Item No. 3- Furnish and Install New #6 Pull Box
The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore.

Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, City Council 20 – 17 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 5 of 8 ends

equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 4 - Adjust Manhole to Finished Grade
Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 5 - PCC Curb & Gutter (A-2-8)
The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 6 - Signing & Striping
The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents to be provided for each Task Order Work.

Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore.

Item No. 7 – Traffic Control
The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents to be provided for each Task Order Work.

Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Sample Task Order B Items of Work

Item No. 1 - Unclassified Excavation
Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

City Council 20 – 18 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 6 of 8 ends

Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation.

Payment for over-excavation shall be paid for at the unit price for unclassified excavation.

Item No. 2 - PCC Sidewalk (T=4”)
The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways,” of the Standard Specifications, plans, and contract document specifications.

Payment for PCC Sidewalk (T=4”) shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6”) shall be paid 1.5 times the unit price.

Item No. 3 - PCC Curb Ramp
The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 4 - PCC Curb & Gutter (A-2-8)
The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Item No. 5- Furnish and Install New #6 Pull Box
The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore.

Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in City Council 20 – 19 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 7 of 8 ends

the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 6 - Adjust Manhole to Finished Grade
Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 7- Catch Basin (Type “B,” W=10’)
The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-1, “Concrete Structures” and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Catch Basin (Type “B,” W=10’) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore.

Item No. 8 – Remove and Replace 30” Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30” Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, “Underground Conduit Construction” and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Remove and Replace 30” Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore.

Item No. 9 – Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” with the provisions of Section 204, “Lumber and Treatment with Preservatives,” Section 304-2.2 “Flexible Metal Guard Rail,” any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore.

City Council 20 – 20 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 8 of 8 ends

Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” with the provisions of Section 204, “Lumber and Treatment with Preservatives,” Section 304-2.2 “Flexible Metal Guard Rail,” any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore.

Item No. 11 – Remove and Replace Chain Link R/W Fence
The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” and Section 303-5, “Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” and Section 304-3 “Chain Link Fence” of the Standard Specifications any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 12 –Concrete Barrier Type 836 (Caltrans)
The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Item No. 13 – Traffic Control
The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents to be provided for each Task Order Work.

City Council 20 – 21 5/2/2023

EXHIBIT B
City Council 20 – 22 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 1 of 8 ends

SCOPE OF WORK
Introduction and Background:

DESCRIPTION OF WORK:

For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5:

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 2 of 8 ends

CONTRACTOR RESPONSIBLITIES
Contractor must be able to respond to City’s request for emergency repair work on a timely and urgent manner.

The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor’s license and a City of Santa Ana 250 137500
12 30000
4 144000
75 7500
650 2600
2500 12500
3500 3500
250 1750
250 12500
10000 10000
5000 5000
250 12500
200 10000
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City Council 20 – 34 5/2/2023
EXHIBIT 2
AGREEMENT WITH EBS GENERAL ENGINEERING, INC., TO PROVIDE ON-CALL

EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between EBS General Engineering, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A.

On January 18, 2023, the City issued Request for Proposal (“RFP”) No. 22-096, by which it sought qualified contractors to provide on-call emergency asphalt and PCC services for the City’s Public Works Agency.

Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-096.

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:

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of six (6) contractors selected to provide emergency asphalt and PCC services on an on-call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals City Council 20 – 35 5/2/2023
which may reasonably be expected by City.

TERM
This Agreement shall commence on the date first written above and terminate on May 1, 2026,

3. unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 20 – 36 5/2/2023

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions): if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and a $2,000,000 aggregate.
(5) Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 20 – 37 5/2/2023
(2) Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(6) Claims Made Policies (applicable only to professional liability):
i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
(7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
(8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

City Council 20 – 38 5/2/2023
The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
(10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this City Council 20 – 39 5/2/2023
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

This Agreement may not be modified except by written instrument signed by the City and by an authorized City Council 20 – 40 5/2/2023
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

City Council 20 – 41 5/2/2023

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

Joseph Nanci, Vice President
EBS General Engineering, Inc.
1345 Quarry Street, Ste 101
Corona, CA 92879
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 City Council 20 – 42 5/2/2023
ꢀx, communication shall be effective or deemed to have been given twenty-ꢁur (24) hours aꢂer the time set ꢁrth on the transmission report issued by the transmitting ꢀcsimile machine, addressed as set ꢁrth above. For purposes of caꢈculating these time frames, weekends, ꢃderal, state, County or City hoꢈidays shalꢈ be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shaꢈl indemniꢄ City ꢅlly, incꢈuding reasonabꢈe costs and attoꢆey's ꢃes, ꢁr any injuries or damages to City in the event that such authority or power is not, in ꢀct, held by the signatory or is withdrawn.
b. Aꢈl Exhibits reꢃrenced herein and attached hereto shalꢈ be incoꢇorated as if ꢅꢈly set ꢁrth in the body of this Agreement.

IN WꢉꢊESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jenniꢃr L. Halꢈ
City Cꢈerk
Kristine Ridge
City Manager
APPROVED AS TO FORM: EBS GENERAL ENGINEERING, INC.,
SONIA R. CARVALHO
City A
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tꢋoꢆ
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ꢀ
By: -- 7 �-
BranꢌoꢍbSaꢈvatierra
Deputy City Atꢋoꢆey
RECOMMENDED FOR APPROVAL:

Nabiꢈ Saba
Executive Director
Public Works Agency
City Council 20 – 43 5/2/2023

EXHIBIT A
City Council 20 – 44 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 20 – 45 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

SCOPE OF WORK
Introduction and Background:

DESCRIPTION OF WORK:

For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5:

Sample Task Order A - Asphalt Concrete
Item Description Qty Unit
CY
TN
EA
EA
LF
Unit Price Total
1 2
3 4
5 6
7 Unclassified Excavation 550
AC Pavement 130
Furnish and Install #6 Pullbox 4
Adjust Manhole to Finished Grade
PCC Curb and Gutter (Type A-2-8)
Signing and Striping
5 100
1 LS
Traffic Control Work 1 LS

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City Council 20 – 46 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Sample Task Order B - Concrete Paving
Item
1 Description Qty Unit
CY
SF
Unit Price Total
Unclassified Excavation 550
2 PCC Sidewalk (T=4") 2,500
3,000
100
4 3 PCC Curb Ramp SF
4 PCC Curb and Gutter (Type A-2-8)
Furnish and Install #6 Pullbox
LF
5 EA
EA
EA
LF
6 Adjust Manhole to Finished Grade
Catch Basin (Type “B,” W=10’ )
Remove and Replace 30” Reinforced Concrete Pipe
Guard Rail Replacement (Caltrans RSP A77N4)
Guard Rail Replacement Termination (Caltrans)
Remove and Replace Chain Link R/W Fence
Concrete Barrier Type 836 (Caltrans)
Traffic Control Work
5 7 1
8 75
50 1
9 LF
10 11
12 13
EA
50 LF
50 1
LF
LS

CONTRACTOR RESPONSIBLITIES
Contractor must be able to respond to City’s request for emergency repair work on a timely and urgent manner.

Page 2 of 8 ends

City Council 20 – 47 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Business License.

2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City:

PAYMENT AND INVOICING:

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City
• Construction administration
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards), if needed • Electronic files for title sheets and sheet borders, if needed

Page 3 of 8 ends

City Council 20 – 48 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
• DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B & C):
• The unit prices paid for the items listed in the Contractor’s Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA’s 2012 Greenbook specifications.
• Each Sample Task Order’s work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals.

Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation.

Payment for over-excavation shall be paid for at the unit price for unclassified excavation.

Payment for asphalt concrete pavement used in areas of over-excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton.

Page 4 of 8 ends

City Council 20 – 49 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Sample Task Order B Items of Work
Item No. 1 - Unclassified Excavation
Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Page 5 of 8 ends

City Council 20 – 50 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation.

Payment for over-excavation shall be paid for at the unit price for unclassified excavation.

Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in

Page 6 of 8 ends

City Council 20 – 51 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore.

Page 7 of 8 ends

City Council 20 – 52 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, “Subgrade Preparation,” with the provisions of Section 204, “Lumber and Treatment with Preservatives,” Section 304-2.2 “Flexible Metal Guard Rail,” any City Standard Specifications, plans, and/or any City’s Special Provisions/Contract Documents provided by the City for each Task Order.

Page 8 of 8 ends

City Council 20 – 53 5/2/2023

EXHIBIT B
City Council 20 – 54 5/2/2023

STATEMENT OF QUALIFICATIONS
for

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
City Council 20 – 55 5/2/2023
1345 Quarry Street, Suite 101
Corona, CA 92879-1700
Cover Letter & Agreement Statement
Date: February 1, 2023
City of Santa Ana
Public Works Agency
Company:

Attn:

Project:

Re:

RFP No. 22-096 – On Call Emergency Asphalt & PCC
Cover Letter & Agreement Statement
To Whom it May Concern,
Please find our proposal for the RFP No. 22-096 On Call Emergency Asphalt and PCC project. EBS General Engineering, Inc. (EBS) is fully qualified to submit this proposal as a licensed State of California Class ‘A’ General Contractor and a licensed California DIR contractor. EBS is a State of California corporation with the following board members:

Thomas Nanci, President / Treasurer
Joseph Nanci, Vice President / Secretary / Manager
We are including with our proposal a copy of our corporate resolution which allows either Thomas or Joseph to act as sole signatory for the company (“Statement of Qualification – Exhibit A”) It is our belief that our proposal will demonstrate EBS’ qualifications and ability to perform these services as a City of Santa Ana pre-qualified vendor for emergency services.

Agreement Statement:

Submission of this proposal indicates EBS’ agreement to any and all provisions as contained in the RFP and the standard agreement contained therein.

Joseph Nanci, Vice President
EBS General Engineering, Inc.

City Council 1 20 – 56 5/2/2023
Firm and Team Experience
EBS General Engineering, Inc. is a family-owned General Engineering Contractor located in the City of Corona. We are centrally located just off the 15 and 91 freeways, an ideal location for providing services throughout Southern California. EBS has grown from a four-person company founded in 1994 to the fullservice General Contractor it is today, with more than one hundred employees.

EBS contracts as a General Contractor and Subcontractor with various agencies and firms throughout Southern
California, both private and public. Though many of our contracts are for PCC improvements and typically include ADA upgrades, we also excel at providing our own paving, grading, excavation, utility adjusting and restoration
services.

EBS is signatory to the Masons, Operators and Laborers
unions. This allows us access to hard-working trained individuals with various stages of construction experience. We are familiar with the rigid requirements of prevailing wage Public Works contracts including projects covered under a Project Labor Agreements (PLA) and Community Workforce Agreements (CWA).

Our two Superintendents have over 35 years’ experience, while our two Estimators have close to 70 years’ experience combined. Our Foreman and crews are able to meet the strict requirements called for by ADA Compliance. EBS’ workforce comes with a vast array of knowledge and expertise ranging from:
layout and calculations in the field, conforming compliance with plans and specifications or advising of changes necessary to bring them into compliance, safety of residents and crews, maintaining access for residents and understanding their concerns and accessibility, traffic control and requirements of MUTCD (CA), and WATCH or site-specific traffic control plans. Safety is of upmost priority at EBS. While we value production, there is no priority placed over safe and secure site conditions.

Throughout the 26 years of business, EBS General Engineering, Inc. has built and maintained a successful reputation as an honest, reliable, and fair contractor that provides excellent customer service with the performance and product that exceeds expectations.

Applicable licenses, registrations, and compliant insurance certificate are attached hereto as “Statement of Qualification – Exhibit A”
City Council 20 – 57 5/2/2023 2
Primary Point of Contact and Company Organization
Willie Ellis will serve as the Project Manager and primary point of contact for this contract, should it be awarded to EBS. Willie has close to 45 years’ experience in the construction field varying from field crew member to his current position as lead Estimator and Project Manager at EBS. He is OSHA-30 trained and certified. As such, he leads the EBS Safety Team. His resumé and OSHA certificate are attached hereto as “Statement of Qualification – Exhibit B”
Providing assistance as Project Coordinator directly under Willie is Cristina Whitcher. Cristina will be the lead office contact in Willie’s absence. Field management will come from either Gerardo Gonazlez or Danny Gould. Both Superintendents are well-versed in the construction industry with combined experience of over 35 years. Applicable resumés are attached hereto as “Statement of Qualification – Exhibit B”
As of the end of year 2022, EBS has an average of 72 employees companywide. This includes two demolition crews, four PCC placement crews, and one asphalt paving crew. We feel this is the An organizational chart is attached hereto as “Statement of Qualification – Exhibit C” References

1. City of Long Beach
Ross Cruz, Civil Engineer Associate
Ph: (562) 570-7949
Relevant Project: Design-Build Services for City of Long Beach Curb Ramps Scope: EBS is performing design-build services for non-compliant ramps on a work order basis.

Assigned EBS Staff: Willie Ellis, PM; Gerardo Gonzalez, Superintendent; Cristina Whitcher, Project Coordinator/Billing

2. City of Riverside
Steve Howard, Construction Manager
Ph: (951) 826-5708
Relevant Projects: 2018/2019 SB-1 Maintenance & Traffic Improvements, 2017/2018 SB-1 Maintenance & Traffic Improvements, 2017/2018 Arterial & Minor Streets Maintenance – Ph I, Selkirk Avenue Street Improvements, 2017/2018 RTA Bus Pad Improvements, 2017/2018 CDBG ADA Footpath and Streets Scope: Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjustment; Bus Pads, Decomposed Granite Trails, Hand Railing
Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing
City Council 20 – 58 5/2/2023 3

3. City of Los Angeles
Jesus Arellano, Transportation Engineer Associate
Ph: (213) 979-8623
Relevant Project: Vision Zero – Phase 2D
Scope: Minor PCC – Curb, Curb & Gutter, Driveway, Cross-Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let
Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing
Relevant Project Experience

1. Project Name________________________________________ Design-Build Services for City of Long Beach Curb Ramps Owner______________________________________________
City of Long Beach
Principal Contact Phone
Ross Cruz, Engineering Bureau (562) 570-7949
Price of Contract Dates____________________________
$9,850,550.00 10/2021 – On-Going
Type of Work_________________________________________
Design and Construction of Non-Compliant Ramps Citywide

2. Project Name________________________________________ Easton Street Sidewalk Improvement Project
Owner______________________________________________
City of Rialto
Principal Contact
Terry Renner, P.E
Price of Contract
$688,719.43
Phone
(951) 680-0440
Dates____________________________
8/2021 – 3/2022
Type of Work_________________________________________
Minor PCC – Sidewalk, Residential Driveways, Ramps, Cross-Gutter, Curb & Gutter, Retaining Wall, PCC Swale, Pilaster with Mortar Cap

3. Project Name________________________________________ ADA Improvements at Pacific Blvd & Vernon Ave
Owner______________________________________________
City of Vernon
Principal Contact Phone
Margarita Beltran, Associate Engineer (323) 974-1735
Price of Contract Dates____________________________
City Council 20 – 59 5/2/2023 4
$108,610.15 1/2022 – 2/2022
Type of Work_________________________________________
Minor PCC – Sidewalk, Ramps, Curb & Gutter, Asphalt Paving

4. Project Name________________________________________ Northeast Colony SABINA Neighborhood Improvements – Ph III Owner______________________________________________
City of Anaheim
Principal Contact Phone___
Joel Jordan, Construction Project Manager (714) 765-5052 Price of Contract Dates____________________________
$5,317,919.39 12/2021 – 12/2022
Type of Work_________________________________________
Minor PCC – Curb, Curb & Gutter, Driveway, Cross-Gutter, PCC Pavement; Domes, Asphalt Paving

5. Project Name________________________________________ Vision Zero – Phase 2D
Owner______________________________________________
City of Los Angeles
Principal Contact Phone___
Jesus Arellano, Transportation Engineer (213) 972-8623
Price of Contract Dates____________________________
$1,027,225.00 07/2020 – On-Going
Type of Work_________________________________________
Minor PCC – Curb, Curb & Gutter, Driveway, Cross-Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let

6. Project Name________________________________________ 2018-2019 SB-1 Maintenance & Traffic Improvements
Owner______________________________________________
City of Riverside
Principal Contact Phone
Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates____________________________
$5,238,400 8/2019 – 4/2021
Type of Work_________________________________________
Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjusting

7. Project Name________________________________________ Omnibus Concrete Repair
Owner_____________________________________________
City of Santa Ana
Principal Contact Phone
City Council 20 – 60 5/2/2023 5
Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates____________________________
$1,357,230.06 6/2020 – 3/2021
Type of Work_________________________________________
Minor PCC – Ramps, Sidewalk, Curb & Gutter, Driveways

8. Project Name________________________________________ Gas Tax Local Street Improvements & Flower Street Sewer Manhole Improvements Owner______________________________________________
City of Santa Ana
Principal Contact Phone
Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates____________________________
$2,546,154 1/2020 – 5/2021
Type of Work_________________________________________
Street Maintenance: ARHM Asphalt, Coldmill, Minor PCC (V-Gutter, Sidewalk, Driveway Approach, Ramp, Curb & Gutter), Utility Adjusting

9. Project Name________________________________________ Wild Canyon Block Wall Project
Owner______________________________________________
City of Colton
Principal Contact
Jess Soto, P.E.

Price of Contract
$54,936.00
Phone
(909) 370-5551
Dates____________________________
9/2021 - 10/2021
Type of Work_________________________________________
Block Wall, Perforated Drain, Sidewalk Under Drain

10. Project Name________________________________________ Mid-Block Crosswalk Installation Project
Owner______________________________________________
City of Redlands
Principal Contact Phone
Kyle Wagner, Construction Project Manager (909) 253-8698 Price of Contract Dates____________________________
$103,499.01 8/2021 – 10/2021
Type of Work_________________________________________
Minor PCC – Ramps, Sidewalk

11. Project Name________________________________________ Residential Street Repair Program & Alley Improvement
Owner______________________________________________
City of Santa Ana
City Council 20 – 61 5/2/2023 6
Principal Contact Phone___
Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates____________________________
$1,210,079.64 6/2019 – 6/2020
Type of Work_________________________________________
Minor PCC – Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter City Council 20 – 62 5/2/2023 7
Statement of Qualification – Exhibit A
City Council 20 – 63 5/2/2023

CITY OF SANTA ANA
BUSINESS TAX SECTION (M-15)
20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTA ANA, CA 92702 (714) 647-5447

CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT
BUSINESS TAX NUMBER:

BUSINESS NAME:
1076 TAX PERIOD:

AMOUNT PAID:

DATE PAID:
1/1/2023 - 12/31/2023
EBS GENERAL ENGINEERING, INC. $319.00
1345 QUARRY ST #101 CORONA, CA 92879
EBS GENERAL ENGINEERING, INC.

BUSINESS ADDRESS:

OWNER NAME:
01/11/2023

THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL

ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT

PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION
(SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS)

CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT
•
•
•
This business license tax account is void upon sale or transfer of a business Every business is responsible for the annual renewal of their business license tax account It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws.
• Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes:
•
•
•
•
Name change
Location Change
Ownership or representative change
Business activity change
• The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements.

Sec. 21-18. - No required permits waived.

The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord.

No. NS-1922, § 1, 7-20-87)
* * *
The person, firm or corporation named below has been issued this business license tax receipt pursuant to the provisions of the City Business License Tax Code (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicant/licensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicant/licensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable.

Please note that it is your responsibility to renew and update this license annually.

THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS CITY OF SANTA ANA - TREASURY M-15 20 CIVIC CENTER PLAZA-PO BOX 1964
SANTA ANA, CALIFORNIA 92702
PHONE (714) 647-5447
BUSINESS TAX NO. 1076
TAX PERIOD: 1/1/2023 - 12/31/2023
BUSINESS TYPE: BUILDING, GENERAL
BUSINESS ADDRESS: 1345 QUARRY ST #101 CORONA, CA 92879
BUSINESS NAME: EBS GENERAL ENGINEERING, INC.

OWNER/REP: EBS GENERAL ENGINEERING, INC. EBS GENERAL ENGINEERING, INC. 1345 QUARRY ST #101
CORONA, CA 92879 EXPIRATION DATE: 12/31/2023
City Council 20 – 64 5/2/2023
Contractor Information Registration History
Effective Date
05/11/18
05/26/17
06/03/16
06/19/15
01/12/15
07/01/19
07/01/20
07/01/21
07/01/22
Expiration Date
Legal Entity Name

EBS GENERAL ENGINEERING, INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000005295
Registration effective date
07/01/22
Registration expiration date
06/30/23
Mailing Address
1345 Quarry St. #101 CORONA 92879 CA United St…
Physical Address
1345 Quarry St. #101 CORONA 92879 CA United St…
Email Address
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
06/30/20
06/30/21
06/30/22
06/30/23
[email protected]
Trade Name/DBA
License Number (s)
CSLB:720016
CSLB:720016
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:
1744801
330634599
Thomas Nanci
Joseph Nanci
Secretary Name:

CEO Name:

Agency for Service:

Agent of Service Name:

Agent of Service Mailing Address:

Kari Grippi
2650 E. Imperial Hwy Brea 92821 CA Un
Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?:

Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO InformationName Phone Email
City Council 20 – 65 5/2/2023
City Council 20 – 66 5/2/2023

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT
NAME: PRODUCER

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

ADDL SUBR

INSD WVD

POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

DAMAGE TO RENTED
$
$
$
$
$
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $
$ OTHER:

COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $
$
$
$
$
(Ea accident)
BODILY INJURY (Per person) ANY AUTO

ALL OWNED
AUTOS

SCHEDULED
AUTOS

NON-OWNED
AUTOS
BODILY INJURY (Per accident)

PROPERTY DAMAGE
HIRED AUTOS (Per accident)

UMBRELLA LIAB

EXCESS LIAB

EACH OCCURRENCE

AGGREGATE
$
$
$
OCCUR

CLAIMS-MADE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
PER OTHSTATUTE ER Y / N
E.L. EACH ACCIDENT $
$
$
N / A
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01) City Council The ACORD name and logo are registered marks of ACORD 20 – 67 5/2/2023 AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page of

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

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BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One- Workers’ Compensation Insurance G. Recovery From Othersand Part TwoEmployers’ Liability Insurance H. Recovery From Othersare amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

City Council 20 – 91 5/2/2023
City Council 20 – 92 5/2/2023
Statement of Qualification – Exhibit B
City Council 20 – 93 5/2/2023
William E. Ellis, Jr.

Corona, CA 92879
Cell: (714) 448-1136
Current Position:

EBS General Engineering, INC.

Project Manager
Corona, CA July 2005 – Present
2005-Present
2007-Present
2008-Present
Insurance Claims Liaison
Safety Officer
Prior Experience:

Seal Black/Helmick Asphalt
Operations Manager
Foreman
Garden Grove, CA
Oakland, CA
April 1987 – July 2005
1979 – 1987
Operator
Bay Alarm Company
Foreman
Laborer
Capabilities/Experience:
•
•
•
•
•
•
•
•
•
•
Customer Relations/Service
Communications
Project Supervisor
Project Cost Estimation
Project Comprehension
•
•
•
•
•
•
•
•
•
•
Project Safety Supervisor
Employee Safety Liaison
Change Order Execution
BIT Compliance
Traffic Control Planning
Project Management SWPPP Planning/Compliance
Railroad Safety Courses
OSHA Compliance
CPR Certified
Tail-Gate Safety Meeting Organizer
Materials Submittals/Compliance
Asphalt Paving Management
Concrete Masonry Management
Industrial Security Systems Installation
__________________________________________________________________________________________________ William (Willie) has 30 plus years experience in multiple areas of the construction industry. His experience with industrial and infrastructure construction has afforded him a skill-set of high productivity within the organization. As a project manager at EBS, Willie executes contract compliance, purchase orders and sub-contracts, project review, material submittals and compliance, and coordination with various agencies, contractors, developers and engineering firms. He also helps EBS to obtain the necessary encroachment and building permits, city standards and plans, and safety programs for all projects big and small.

During Willie’s 30 years in the industry, he has also been intermittently certified on various safety programs such as railroad safety programs, OSHA Certified Safety programs, and CPR certification classes. His extensive and comprehensive construction background makes Willie a pivotal component of EBS’s organizational structure.

City Council 20 – 94 5/2/2023

OSHA OUTREACH TRAINING
ꢀomp[etion ꢁertificatꢂ:

WILLIE EUGENE ELLIS
has successfully completed the following course:

OSHA 30-Hr Outreach Training for the Construction Industry 7/17/2021
David Couch
OSHA Authorized Trainer
Construction#: 20-0106090 General#: 20-0079854
As an OSHAOutreach trainer, I verify that I have conductedthis OSHA Outreach training class in accordance with OSHA Outreach Training Program requirements.

I will document this class to my OSHA Authorizing Training Organization. Upon successful review of my documentation, I willprovide each student their completioncard within 90 days of the end of the class.

OSHA Authorized Provider:

City Council 20 – 95 5/2/2023
Gerardo Gonzalez
928 Hemingway DR., Corona Ca 92878 | (951) 545-5402 | [email protected] .

WHO I AM
· Coming from an immigrant family where my parents struggled and worked hard to owned their business in the nursery industry. Growing up see the hard labor, I learned the same skills to work hard and be responsible.

DEGREE | DATE EARNED | SCHOOL
· High School Diploma | 2003 | Santiago High School
· N/A | 2 Years | Riverside Community College
Skills & Abilities
· Read and Understand Engineering, Landscape, & Architectural plans. · Knowledge and Implementation in Standard Specification for Public Works “Green Book” · Knowledge and Implementation in Caltrans Standards & Specifications · Knowledge and Implementation of in the MUTCD & WATCH Manual · Check and read Survey Grade
· Operate Construction Equipment

MANAGEMENT
· I’ve Managed City or Federal funded road rehabilitation jobs from ten thousand to eight million-dollar projects throughout southern California. Keeping track of projects within budget, billing and finishing on time is just one of many skills used to complete work.

COMMUNICATION
· Communication is one of the most important skill used, not only face to face interaction but also keeping upper management, general contractor or city officials informed through emails.

LEADERSHIP
· Have to lead work force from one to twenty employees at times. Keeping everyone to work in sync together and positive attitudes and safely to move the project forward is possibly the most important job I do.

LABOR | HILLCREST CONTRACTING | APRIL 2004 -AUGUST 2006 · First job in the trade and started as a general labor and in about six months moved up to junior foreman and learned to read plans, standard forms, grade check, and operate some equipment.

FOREMAN | EBS GENERAL ENGINEERING | AUGUST 2006 – APRIL 2013 City Council 20 – 96 5/2/2023
⋅ Came to EBS to get into the union so I can have a career with benefits and retirement. Started as a general labor and in two years moved up to foreman and began to run projects in the public works side of the company.

FOREMAN | THE R.J. NOBLE COMPANY | APRIL 2013 – APRIL 2020 ⋅ Got the opportunity to move to this company that produces their own aggregate and asphalt material. They get awarded larger jobs which got me the opportunity to learn more about California infrastructure
FOREMAN | EBS GENERAL ENGINEERING | APRIL 2020 – PRESENT ⋅ Came Back to EBS to learn more about structural Concrete since EBS is involved a lot with lager scale companies like Flatiron, AMES, OHL, Etc. which get involved high large infrastructural Projects. There is also movement in Higher Involvement positions.

City Council 20 – 97 5/2/2023
Statement of Qualification – Exhibit C
City Council 20 – 98 5/2/2023
City Council 20 – 99 5/2/2023

SCOPE OF SERVICES AND SCHEDULE
for

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
City Council 20 – 100 5/2/2023

SCOPE OF SERVICES
EBS is providing the following notes as its requirement to outline it’s understanding of the Scope of Services provided in RFP 22-096.

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - - TASK ORDER A - - - 1.0 Unclassified Excavation 550.0 CY *18* PRICE PER CY

INCLUDES FILL

OVER-EX PAID AS UNCL EXCAVATION
MINIMUM 12" STREET SECTION
14,850.00 SF
8 City Council 20 – 101 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 2.0 AC Pavement 130.0 TN - 3.0 Furnish and Install #6 Pullbox 4.0 EA *18* PRICE PER TON *18* FURNISH & INSTALL

PER (CA) MUTCD, CALTRANS, CITY
INCLUDES PAVING AT OVER-EXCAVATION STDS.

CONCRETE PULL BOX

REMOVE & DISPOSE EXISTING PULL
BOX
1103A: TYPICAL SECTION #6 30" X 15" X 12"
MINIMUM 4" AC / 8" AB

CAN BE FULL DEPTH AC SECTION WITH

APPROVAL
CROWN 0.40' ABOVE GUTTER FLOW LINE
9 City Council 20 – 102 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 4.0 Adjust Manhole to Finished Grade 5.0 EA - 5.0 PCC Curb and Gutter (Type A-2-8)

PAID BY LF
100.0 LF
*19* PAID AS EACH *19*

ADJUST TO GRADE

GRADING
*NO MENTION OF LOWERING OR DOUBLE
ADJUST* COMPACTION SUB-GRADE

CONSTRUCTING CURB & GUTTER
SPPWC 301-1, 303-5
1200: GENERAL NOTES CITY STANDARDS
1211: 36" SEWER MANHOLE COVER
COSA 1101
PCC COLAR WPJ 20'C
#3 LONGITUDINAL
NECK: MIN 6", MAX 24"

SAW CUT
REMOVE C7g
COVERS PER STD. 1211

WATER COVER MAY BE FRP, VERIFY WITH
INCLUDES 1' AC SLOT
THICKEN GUTTER TO 12" AT BUS

ENGINEER STOPS

KEYED FOR WALK AT BACK OF CURB
BUS PAD STD. 1108
10 City Council 20 – 103 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 6.0 Signing and Striping 1.0 LS - 7.0 Traffic Control Work 1.0 LS *19* *19*

PER CAMUTCD

SITY STANDARDS

SPECIAL PROVISIONS/CONTRACT

PER WATCH MANUAL

CA MUTCD

DOCUMENTS CAL TRANS
1125A: HYDRANT MARKERS
1125B: STRIPING AN DPAVEMENT

CITY STANDARD

MARKERS
1125C: RAISED PAVEMENT MARKERS 1125F: TRAFFIC CONTROL PLAN 1125D: RAILROAD CROSSING MARKINGS
1125E: INTERSECTION SIGHT DISTANCE

GENERAL NOTES

SAMPLE PLAN
1125F: TRAFFIC CONTROL PLAN PLAN BY ENGINEER, SIGNED
1502: REFLECTORIZED STREET NAME SIGN
1503: STREET NAME SIGN

TRENCH PLATES SIT FLUSH WITH FS
1503A: CEREMONIAL STREET SIGN TOPPER
1504A: SIGN POST INSTALL
1504B: SIGN POST INSTALL
1505: STOP SIGN MARKING AND

PLACEMENT
11 City Council 20 – 104 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - - - - - - - TASK ORDER B - -
12 City Council 20 – 105 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 1.0 Unclassified Excavation 550.0 CY - 2.0 PCC Sidewalk (T=4") 2,500.0 SF *20* PRICE PER CY *20*

INCLUDES FILL

OVER-EX PAID AS UNCL EXCAVATION

GRADING

COMPACTING SUB-GRADE
CONSTRUCT 4" PCC SIDEWALK
SPPWC 301-1, 303-5
6" THICK PAID AT 1.5 TIMES UNIT
PRICE
STD. 1104
520-C-2500
SIDEWALK 4",

BACK OF ALLEY OR DRIVEWAY,

REFER TO STANDARD PLAN
1/4" EJ
3' X 3' TREE WELLS BACK OF CURB
PER STD. 1124

PRESERVE HISTORIC FEATURES

BACK OF CURB OR AT PARKWAY

BACK OF CURB KEYED INTO CURB
13 City Council 20 – 106 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 3.0 PCC Curb Ramp 3,000.0 SF - 4.0 PCC Curb and Gutter (Type A-2-8) 100.0 LF *20*
*20* PAID BY LF

PAID BY LF
GRADING A2-8 CURB & GUTTER

COMPACTING SUB-GRADE
CONSTRUCT 4" PCC SIDEWALK
SPPWC 301-1, 303-5

CURB RETURN

GRADING

COMPACTION SUB-GRADE

CONSTRUCTING CURB & GUTTER
SPPWC 301-1, 303-5

CITY STANDARDS
1122: CURB RAMP

DETECTABLE WARNING SURFACE- CAST IN

CITY STANDARDS
COSA 1101
PLACE WPJ 20'C
LIMITS: BCR - ECR

NO GUTTER LIP AT RAMP

SAW CUT
REMOVE C7g
TOP AND BOTTOM LANDING (MIN. 4')

RETAINING CURB AS REQUIRED
12" WIDE BLINDMAN
INCLUDES 1' AC SLOT
THICKEN GUTTER TO 12" AT BUS
STOPS

KEYED FOR WALK AT BACK OF CURB
T=4" BUS PAD STD. 1108
520-C-2500

DARK GRAY DOMES
14 City Council 20 – 107 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT - 5.0 Furnish and Install #6 Pullbox 4.0 EA - 6.0 Adjust Manhole to Finished Grade 5.0 EA *20* FURNISH & INSTALL *21* PAID AS EACH
PER (CA) MUTCD, CALTRANS, CITY STDS. ADJUST TO GRADE
*NO MENTION OF LOWERING OR
CONCRETE PULL BOX DOUBLE ADJUST*

REMOVE & DISPOSE EXISTING PULL BOX

GRADING

COMPACTION SUB-GRADE

CONSTRUCTING CURB & GUTTER
SPPWC 301-1, 303-5

CITY STANDARDS
15 City Council 20 – 108 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT Remove and Replace 30” Reinforced
- 7.0 Catch Basin (Type “B,” W=10’ ) 1.0 EA - 8.0 Concrete Pipe 75.0 LF *21* *21*
TYPE B, W=10' GRADING

GRADING

COMPACTIN SUBGRADE

COMPACT SUBGRADE

REMOVE EXISTING

CONSTRUCT CATCH BASIN
SPPWC 301-1, 303-1

CITY STANDARDS
REPLACEING 30" RCP
SPPWC 306

CITY STANDARDS

REMOVAL OF EXISTING

REPLACE OF EXISTING
STD. 302
#3 REBAR 8" OC, TOP & BOTTOM SLABS

SUPPORT BARS
SAND BACKFILL, 2' AROUND STRUCTURE
LOCAL PER STD. 305
PROTECTION BAR PER 305A
SUPPORT BOLTS PER 305A
16 City Council 20 – 109 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT Guard Rail Replacement (Caltrans RSP Guard Rail Replacement - 9.0 A77N4) 50.0 LF - 10.0 Termination (Caltrans) 1.0 EA *21* *22*

GUARDRAIL REPLACEMENT

TERMINATION PER CALTRANS

SUBGRADE PREPERATION

GRADING

COMPACT SUBGRADE

CONSTRUCT GUARD RAIL REPLACEMENT
CALTRANS RSP A77N4
SPPWC 204, 304-2.2,

CITY STANDARDS
SPPWC 301-1, 204, 304-2.2 REMOVAL

CITY STANDARDS

REMOVAL OF EXISTING SUB WORK
17 City Council 20 – 110 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT PHASE ITEM DESCRIPTION BID QTY UNIT Remove and Replace Chain Link R/W
- 11.0 Fence 50.0 LF - 12.0 Concrete Barrier Type 836 (Caltrans) 50.0 LF *22* *22*

PAID BY SF

GRADING

COMPACT SUBGRADE

GRADING

COMPACT SUBGRADE

CONSTRUCT FOUNDATIONS

REMOVE AND REPLACE CL FENCE
SPPWC 301-1, 303-5, 304-3

CITY STANDARDS

REMOVAL OF EXISTING BARRIER
CONSTRUCT BARRIER TYPE 836
SPPWC 301-1
BRIDGE STANDARD DETAIL XS (XS16-
045)
310, 311, 312, 313, 314, 315
RSP B11-79
B11-80
B11-60
18 City Council 20 – 111 5/2/2023

PHASE ITEM DESCRIPTION BID QTY UNIT
- 13.0 Traffic Control Work 1.0 LS
*22*

PER WATCH

MUTCD (CA)

CALTRANS

CITY STANDARD
19 City Council 20 – 112 5/2/2023
Schedule
EBS is providing the following schedule as its requirement per RFP 22-096.

Also see a list of current EBS workload attached hereto as “Scope of Services and Schedule – Exhibit A” We are confident we will be able to incorporate all work issued per Task Order into our current and upcoming workload.
20 City Council 20 – 113 5/2/2023
ID Task Name Duration
90 days
Start Finish 023 March 2023 April 2023
10 13 16 19 22 25 28 31
May 202
8 11 14 17 20 23 26 1 4 7 3 6 9 12 15 18 21 24 27 30 3
1 2 CONTRACT WORKING TIME

PRE-CONSTRUCTION MEETING

SUBMITTALS
Mon 3/6/23 Sat 6/3/23 0%
3 1 day Thu 2/14/02 Thu 2/14/02
4 15 days Fri 2/10/23 Fri 3/3/23 % SUBMITTALS
5 USA 1 day Mon 2/27/23 Mon 2/27/23
43 days Mon 3/6/23 Wed 5/3/23
16 days Mon 3/6/23 Mon 3/27/23
0% USA
6 WORKING TIME 0%
0%
0%
0%
0%
0%
0%
W
7 MOBILIZE TASK ORDER A

PLACE BMP

MOBILIZE TASK ORDER A
8 1 day
1 day
1 day
1 day
Mon 3/6/23
Mon 3/6/23
Tue 3/7/23
Tue 3/7/23
Mon 3/6/23
Mon 3/6/23
Tue 3/7/23
Tue 3/7/23

PLACE BMP
9 SURVEY SURVEY
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 POTHOLE POTHOLE

CLEAR & GRUBB CLEAR & GRUBB
SAW CUT 1 day Wed 3/8/23 Wed 3/8/23 SAW CUT
4 days Wed 3/8/23 Mon 3/13/23
1 day Wed 3/8/23 Wed 3/8/23
3 days Tue 3/14/23 Thu 3/16/23

REMOVE AC/BASE TO NEW SECTION

REMOVE CURB & GUTTER

PLASE AND COMPACT BASE

CONSTRUCT CURB AND GUTTER

FINE GRADE STREET SECTION

AC PAVE - FULL LIFT

ADJUST MANHOLE
0%
0%

REMOVE AC/BASE TO NEW SECTION

REMOVE CURB & GUTTER
0% PLASE AND COMPACT BASE
1 day Fri 3/17/23 Fri 3/17/23 0% CONSTRUCT CURB AND GUTTER 1 day Mon 3/20/23 Mon 3/20/23
1 day Tue 3/21/23 Tue 3/21/23
1 day Wed 3/22/23 Wed 3/22/23
1 day Thu 3/23/23 Thu 3/23/23
0%
0%
0%
0%
0%

FINE GRADE STREET SECTION

AC PAVE - FULL LIFT

ADJUST MANHOLE

REMOVE AND REPLACE PULL BOX

CAT TRACK

REMOVE AND REPLACE PULL BOX
1 day Fri 3/24/23 Fri 3/24/23 CAT TRACK
PLACE STRIPING AND MARKINGS 1 day Mon 3/27/23 Mon 3/27/23 0% PLACE STRIPING AND MARKINGS

MOBILIZE TASK ORDER B

PLACE BMP
43 days Mon 3/6/23 Wed 5/3/23 0%
0%
0%
0%
0%
M
1 day
1 day
Mon 3/6/23
Tue 3/7/23
Mon 3/6/23
Tue 3/7/23

PLACE BMP

SURVEY SURVEY
POTHOLE 1 day Wed 3/8/23 Wed 3/8/23
2 days Thu 3/9/23 Fri 3/10/23

POTHOLE

CLEAR & GRUBB CLEAR & GRUBB
0% SAW CUT
0%
SAW CUT 1 day Mon 3/13/23 Mon 3/13/23
REMOVE CTACH BASIN 2 days Tue 3/14/23 Wed 3/15/23

EXCAVATE TRENCH FOR RCP

CONSTRUCT CATCH BASIN

REMOVE SIDEWALK

REMOVE RAMPS

REMOVE CTACH BASIN
2 days Thu 3/16/23
5 days Thu 3/16/23 Wed 3/22/23
2 days Thu 3/23/23 Fri 3/24/23
Fri 3/17/23 0%
0%

EXCAVATE TRENCH FOR RCP

CONSTRUCT CATCH BASIN
0% REMOVE SIDEWALK
3 days Mon 3/27/23 Wed 3/29/23
3 days Tue 3/28/23 Thu 3/30/23
0%
0%

REMOVE RAMPS

CONSTRUCT RCP CONSTRUCT RCP
TIE-IN RCP AND EXISITNG AND NEW CB 1 day Fri 3/31/23 Fri 3/31/23 0% TIE-IN RCP AND EXISITNG AND NEW CB Task
Split
External Tasks Duration-only External Tasks
External Milestone
Progress
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Manual Summary Rollup
Manual Summary
Start-only
Project: TASK A AND B SCHEDULE.m
Date: Mon 2/6/23 Milestone
Summary Deadline
Project Summary Finish-only

Page 1 ends

City Council 20 – 114 5/2/2023
ID Task Name

BACKFILL RCP, CATCH BASIN
Duration
2 days
Start Finish 023 March 2023 April 2023
10 13 16 19 22 25 28 31
May 202
8 11 14 17 20 23 26 1 4 7 3 6 9 12 15 18 21 24 27 30 3
37 38
39 40
41 42
43 44
45 46
47 Mon 4/3/23 Tue 4/4/23
Fri 4/7/23
0% BACKFILL RCP, CATCH BASIN

CONSTRUCT CURB RETURNS

CONSTRUCT LOCAL
3 days Wed 4/5/23 0% CONSTRUCT CURB RETURNS
1 day Mon 4/10/23 Mon 4/10/23
3 days Tue 4/11/23 Thu 4/13/23
0%
0%

CONSTRUCT LOCAL

CONSTRUCT CURB RAMPS

CONSTRUCT SIDEWALK

PAVE AC SLOTS

CONSTRUCT CURB RAMPS
2 days Thu 4/13/23 Fri 4/14/23 0% CONSTRUCT SIDEWALK
1 day Mon 4/17/23 Mon 4/17/23
1 day Mon 4/17/23 Mon 4/17/23
5 days Tue 4/18/23 Mon 4/24/23
1 day Tue 4/25/23 Tue 4/25/23
0%
0%
0%

PAVE AC SLOTS

BASED PAVE TRENCH

CONSTRUCT BARRIER

GRIND AND PAVE TRENCH LINE

R & R GUARDRAIL

BASED PAVE TRENCH

CONSTRUCT BA

GRIND AND PA
R & R
0%
4 days Wed 4/26/23 Mon 5/1/23 0%
R&R CL FENCE 2 days Tue 5/2/23 Wed 5/3/23 0% R&
Task
Split
External Tasks Duration-only External Tasks
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Manual Summary Rollup
Manual Summary
Start-only
External Milestone
Progress
Project: TASK A AND B SCHEDULE.m
Date: Mon 2/6/23 Milestone
Summary Deadline
Project Summary Finish-only

Page 2 ends

City Council 20 – 115 5/2/2023
Scope of Services & Schedule – Exhibit A
City Council 20 – 116 5/2/2023
O=Open
C=Closed
X=Canceled
P=Prime
S=Sub
R=Rental
JOB
NUMBER

TRACT / PROJECT/
FED NUMBER CUSTOMER CUSTOMER JOB # JOB TITLE CROSS STREETS / NOTES CITY CONTRACT VALUE O
O
O
O
O
O
O
20103 S
S
S
S
S
S
S
Ortiz
Teichert Utilities
International Line Builders
Brightview
Guy F. Atkinson Construction
Sierra Pacific Electrical
Crosstown Electrical
219
30072
2011505009
132556
150374
6634
Caltrans 12-0K0214
Caltrans 07-312004
Vision Zero - Phase 2D
I-405 Landscape Improvement Project
Caltrans 12-0K0234
Rte 5 from Avery Pky Undercrossing to Crown ValleOC $
$
$
1,053,970.00
76,275.00
1,027,225.00
20118
20120
20150
20154
20225
21108
Various Rtes 2, 5, 101, 105, 110 La County
WO #E1908593 Los Angeles
Interstate 405 between SR-73 and Interstate 605 Orange County Avenida De La Carlota & Oakbrook Village, Laguna Orange County $ $
$
1,099,063.85
33,031.00
132,605.00
Duke Rider
Caltrans 07-4V0204
Morgan & Webster Ave
Rte 213, Crestwood St
Perris
4392 Los Angeles
O
O
O
O
O
O
O
O
21111
21113
21114
21124
21130
21132
21138
21140
S
P
S
S
S
S
S
S
Select Electric, Inc.

Long Beach, City of
Stacy Witbeck
Ortiz
3504
PW20-084
1604
227
5382
Highway Safety Improvement Program (HSIP) Cycle 6 - RRFB Project E1907966 Design-Build Services for Curb Ramps
Various
Various
Los Angeles
Long Beach
Anaheim
$
$
$
$
$
$
$
$
1,098,865.13
9,850,550.00
438,132.00
248,614.90
102,350.00
38,167.00
Anaheim Canyon Metrolink Station Improvements
Caltrans 07-293604
IFB 0-2193 1039 N. Pacific Center Dr.

Rte 405 - Western Ave undercrossing to 182nd St uTorrance E. Rancho Vista Blvd & 15th ST. E.

Citywide
701 S. Parker St
Ferreira Lockheed Martin Solar Farm Palmdale
Pico Rivera
Orange
California Professional Engineering2170
RAM Construction
SEMA
Traffic Signal Upgrades Citywide Project
Orange Financial
21348
240,112.90
111906 Creek District Infrastructure Via Vera Cruz and Discovery Street San Marcos 610,014.78 Westside Mobility - Ph 2, CD 5 Westside Traffic Signal Improvements & Warner Center Project
Traffic Signal and Median Improvements for Brookhurst St and Bolsa Row Way
Caltrans 07-320004
I-10 & Alabama Street Interchange
East Garden Grove - Wintersburg Channel
San Fernando Regional Park Water Infiltration Project
Wells 201, 202, 203 and 205 Equipping
Gage Ave Median Islands
O 21142 S International Line Builders 2111505015 WO E1908861 P-2536
Various, Citywide Los Angeles
Westminster
$ 427,150.00
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
21143
21144
21145
21146
21148
21223
21227
21305
22100
22101
22102
22104
22105
22107
22108
22109
22113
22114
22116
22118
22120
22123
22124
22126
22131
22132
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
California Professional Engineering21114
Chumo
Ortiz
J.F. Shea
Ortiz
J.F. Shea
Excel Paving
EBS Concrete
Pacific Hydrotech Corp
J.F. Shea
Sukut
Brookhurst & Bolsa Row
Rte 14 - Canyon Park Blvd undercrossing to Spring Santa Clarita Alabama Street Overcrossing
Warner Ave to Goldenwest St
First St and Jessie St
$
$
$
$
$
$
$
60,010.00
350,517.00
268,001.00
580,119.48
77,219.92
337,555.00
96,480.00
318
229
643
230
21-1002620
7601
Redlands
Garden Grove
San Fernando
Hemet
Los Angeles
Newport Beach
Ontario
Desert Hot Springs
Walnut
Escondido
Corona
Carson
Carson
Irwindale
Seal Beach
Desert Hot Springs
Irvine
Carson
Rialto
654 Various Locations
5812 Avalon Blvd to Central Ave
2116
C2127
J-13658
1418
WO E1908105
Newport Coast HOA Driveways
Well No. 37 &39 Ion Exchange Treatment Facilities Project Regional Water Reclamation Facility
Terraces at Walnut
MFRO Facility for Agriculture
McKinley Street Grade Separation
Traffic Signal Installation - Tajauta Ave & Del Amo Blvd Traffic Signal Installation - Central Ave & Dimondale Dr Traffic Signal at Irwindale Ave & Camino De La Cantera
Westminster Blvd Force Main Replacement
Changeable Message Sign Project
E. Guasti Road $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
40,167.85
285,260.00
900,177.40
235,417.60
758,988.87
23,962.10
Indian Ave & Dillon Rd
ValleyBlvd & Escalada Ave
901 W. Washington Ave
McKinley at Sampson
Tajauta Ave & Del Amo Blvd
Central Ave & Dimondale Dr
Filanc Brown & Caldwell, Joint Vent476
Walsh 221191
4561
4560
4322
30066
4649
9334
22-196
22-1075
5439
2012-12
1628
1611
Crosstown Electrical
Crosstown Electrical
Crosstown Electrical
Teichert Utilities
Crosstown Electrical
RJ Noble
Autobahn
Calmex
Ferreira
72,766.00
30,630.00
3-62 Westminister Blvd & Seal Beach Blvd 146,794.29
127,334.13
511,783.40
154,698.50
1,376,264.50
225,400.00
72,495.00
18,300.00
83,834.50
463,949.10
D5 "A" Street Improvement
Caltrans 07-336504
Lynx & Irvine Blvd
Rte 110/1 Separation to Sepulveda Blvd
2020/2021 Street Overlay & Reconstruction E Santa ana Ave & Riverside Ave Spinnaker Bay Drive Water Main Replacement Ph 1
Broadband Enclosure Concrete Pad
Cabrillo Park Irrigation Renovation
Municipal Urban Stormwater Treatment Facility Phase 1
Pacific Park Tract 28794 Park Improvements
Santa Anita Ave and Klingerman St, Rush St, and Central Ave Traffic Signal Modification Project
Long Beach
Rialto
Santa Ana
Long Beach
Menifee
VIP Systems
Marina Landscape
Shimmick
19494 Country Club Dr
Cabrillo Park Dr & Fruit Dr
805 De Forest Ave
152203
245
152207
21-2727
Marina Landscape
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
22133
22134
22135
22136
22138
22139
22141
22142
22144
22145
22146
22200
22201
22204
22205
22206
22207
S
S
S
S
P
S
S
S
S
S
S
S
S
S
S
P
P
Dynalectric
Crosstown Electrical
Baker Electric
321038
4673
22555
22SW08
21-2740
South El Monte
Fullerton
Placentia
$
$
$
$
$
$
$
$
137,675.00
44,400.00
425,408.50
24,043.01
1,066,714.35
115,633.50
79,900.00
169,133.20
$46,809.80
$152,163.70
$126,737.50
36,066.95
227,332.50
101,279.00
120,717.00
2,144,751.00
1,570,678.00
Caltrans 12A1929 Rte 5 - Southbound Ramp from Victoria
Citywide Traffic Signal Improvements Project - Cycle 9
Center Greens Sanitary Sewer Improvements
Flower Street Bike Trail Renovation
Kaiser Permanente - Normandie Upgrade Parking Lots 9 & 10 Caltrans 08-1L7004
El Cajon Transit Center Third Track Construction

2.08 MG Deane Zone Tank Improvements
Caltrans 08-15704
Eastern Avenue Existing Median Improvements
Ten Signalized Locations on Los Coyotes Diagonal
P1-105 Headworks Rehabilitation at Plant 1
Anza/ Vista Montana / PCH Intersection Improvements
Traffic Signal Improvements Project
Annual Arterial Street Rehabilitation FY 19-20
Euclid Street Improvements
Grbcon Anaheim
Santa Ana, City of
Bali Construction
International Line Builders
Shimmick
Pacific Hydrotech Corp
Crosstown Electrical
Marina Landscape
Select Electric, Inc.

Kiewit
Excel Paving
Baker Electric
La Habra, City of
Anaheim, City of
From Crossover to Warner Ave Santa Ana
Harbor City
Riverside County
El Cajon
Santa Clarita
Hemet
Commerce
Long Beach
Fountain Valley
Torrance
Pico Rivera
La Habra
2211505006
256
C2212
4782
152223
3549
104796
5824
Various Locs on the 10,15,60,91,215 Fwys
Stevens Ave to Randolph Pl
10507 Garfield Ave
$
$
$
$
$
$
T-154
22698
5-R-19
Various
Various
HSIPL-5055 (187) Crescent Ave to Glenoaks St Anaheim
Chino Avenue Accessibility and Curb Ramp Improvements at 16th, 17th and 19th Streets
O
O
O
O
O
O
O
22211
22215
22216
22217
22218
22222
22223
P
S
S
S
S
S
S
Chino, City of & Norton Avenue PCC Walk and Curb Ramps
Reimagine Ventura Project – Phase 1
10 Arlington
Traffic Signal Installation at Lakeshore Drive & Dryden St Lyon Ave HAWK System
MS-202 & ST-221 Tronkeel & Benson
WO E1908488
Chino $
$
$
$
$
$
$
446,249.00
241,442.00
10,290.00
49,698.00
22,700.00
369,697.00
161,950.00
Baker Electric
A&Y Company
Sierra Pacific Electrical
Belco
Ferreira
International Line Builders
23196
22-089
6816
14-0757
5466
2211505009
Los Angeles
Ladera Ranch
Lake Elsinore
San Jacinto
Rancho Cucamonga
Whittier
Haven Avenue at Project Driveway
Traffic Signal Improvements Project 19-008
City Council 20 – 117 5/2/2023
Kellogg Ave and Madison St Gap Closure Curb Ramp and Sidewalk Improvements & Olive Pl and Walnut Ave Curb Ramps
Norco MDP Lateral N-1C Extension Storm Drain
St Jeanne School Butterfield Stage & Lestonnac Traffic Signal Spotlight 29 50k Curbs
ST–223 &
O MS-202
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
22224
22225
22226
22227
22228
22229
22300
23000
23001
23002
23003
23004
23005
23006
23007
23008
23009
23101
23200
23201
23202
P
S
S
S
S
S
S
R
R
R
R
R
R
R
R
R
R
P
S
S
S
Chino, City of
CEM Construction
Sierra Pacific Electrical
Ben's Asphalt
Sierra Pacific Electrical
Ferreira
Chino
Norco
Temecula
Coachella
Rialto
$
$
$
$
$
$
$
297,008.00
191,970.00
69,034.00
131,685.00
38,104.00
190,460.00
62,878.00
230
6860
50000 Dillon Road, Coachella, CA
6862
5505
Alder & Miro Way Traffic Signal Modification
LAWA Intelligent Transporation Systems (ITS)
Calmex Yard
Inglewood
Calmex
All American Asphalt
Calmex
Excel Paving
Hillcrest
RJ Noble
Shawnan
A&Y Company
Hercon
IE General Engineering
Nobest
Misc. Rentals
Misc. Rentals
Misc. Rentals
Misc. Rentals
Misc. Rentals
Misc. Rentals
Misc. Rentals
Misc. Rentals
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
See Billing Audit for Details
Misc. Rentals
Misc. Rentals
Perris, City of
Belco
California Professional Engineering2302
Stephen Doreck
P8-1447
14-0812
Citywide Pedestrian Improvements CDBG
HAWK Pedestrian Signal at Racquet Club & Via Miraleste
Studebaker Road Traffic Signal Improvements
Mauna Loa Ave Water and Street Improvements
CIP #S129 Perris
Palm Springs
Norwalk
$
$
$
$
842,746.50
48,200.00
62,800.00
401,319.00
City No. 7234 Kenney St to Rosecrans Ave
Mauna Loa Ave east of Glendora Ave Glendora
City Council 20 – 118 5/2/2023

FEE PROPOSAL
for

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
City Council 20 – 119 5/2/2023

SAMPLE TASK ORDER A - ASPHALT CONCRETE

ITEM DESCRIPTION
Unclassified Excavation
AC Pavement
Furnish and Install #6 Pullbox
Adjust Manhole to Finished Grade
PCC Curb and Gutter (Type A-2-8)
Signing and Striping
QTY
550
UNIT
CY
TN
EA
EA
LF

UNIT PRICE TOTAL
1 2
3 4
5 6
7 $235.00 $129,250.00
$550.00 $71,500.00
$1,950.00
$2,100.00 $10,500.00
$88.65
$9,820.78
130
4 5
100
1 $7,800.00
$8,865.00
LS $9,820.78
Traffic Control Work 1 LS $18,125.00 $18,125.00
TOTAL $255,860.78
City Council 20 – 120 5/2/2023

SAMPLE TASK ORDER B - CONCRETE PAVING

DESCRIPTION QTY
550

ITEM UNIT
CY
SF
SF
LF
EA
EA
EA
LF
LF
EA
LF

UNIT PRICE TOTAL
1 2
3 4
5 6
7 8
Unclassified Excavation
PCC Sidewalk (T=4")
PCC Curb Ramp
$235.00 $129,250.00
$11.50 $28,750.00
$25.50 $76,500.00
$88.65
$1,950.00
$2,100.00 $10,500.00
$74,200.00 $74,200.00
$1,700.00 $127,500.00
$465.00 $23,250.00
$8,000.00
$145.00
2500
3000
100
4 PCC Curb and Gutter (Type A-2-8)
Furnish and Install #6 Pullbox
$8,865.00
$7,800.00
Adjust Manhole to Finished Grade
Catch Basin (Type “B,” W=10’ )
Remove and Replace 30” Reinforced Concrete Pipe
Guard Rail Replacement (Caltrans RSP A77N4)
Guard Rail Replacement Termination (Caltrans)
Remove and Replace Chain Link R/W Fence
Concrete Barrier Type 836 (Caltrans)
Traffic Control Work
5 1
75 50
1 50
50 1
9 10
11 12
13 $8,000.00
$7,250.00
LF
LS
$725.50 $36,275.00
$32,032.00 $32,032.00
TOTAL $570,172.00
City Council 20 – 121 5/2/2023

EMPLOYEE NAME
Thomas Nanci
Joseph Nanci

POSITION
Owner/President
Owner/ Vice President

HOURLY RATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
200.00
200.00
150.00
150.00
150.00
150.00
150.00
135.00
135.00
115.00
115.00
115.00
100.50
125.96
125.96

92.46 Courtney Dixon
Willie Ellis
Luis Morales
Danny Gould
Gerardo Gonzalez
Office Staff - Management
Office Staff - Management
Office Staff - Management
Office Staff - Field Management
Office Staff - Field Management
Kathy Fairweather Office Staff - Other
Cristina Whitcher Office Staff - Other
Vanessa Coronado Office Staff - Other
Maggie Halloran
Brian Rodriguez
Office Staff - Other
Office Staff - Other
Cement Mason - Journeyman
Cement Mason - Foreman
Laborer - Foreman
Laborer - Group 1
Laborer - Group 2 92.46
Laborer - Group 3 92.46
Laborer - Group 4 92.46
Laborer - Apprentice
Laborer - Flagman
Operator - Foreman
Operator - Group 1
Operator - Group 2
Operator - Group 3
Operator - Group 4

92.46 92.46
125.96
123.28
123.28
123.28
123.28
City Council 20 – 122 5/2/2023

CERTIFICATIONS
for

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
City Council 20 – 123 5/2/2023
City Council 20 – 124 5/2/2023
City Council 20 – 125 5/2/2023
City Council 20 – 126 5/2/2023
City Council 20 – 127 5/2/2023
City Council 20 – 128 5/2/2023
AGREEMENT WITH PALP, INC., OBA EXCEL PAVING CO. TO PROVIDE ON-CALL

EMERGENCY ASPHALT AND PCC SERVICES FOR TUE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day ofMay, 2023 by and betweenPalp, Inc., a California corporation dba Excel Paving Co. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and· existing under the Constitution and laws of the State of California ("City").

RECITALS
A. On January 18, 2023, the City issued Request for Proposal ("RFP") No. 22-096, by which it sought qualified contractors to provide on-call emergency asphalt and PCC services for the City's Public Works Agency.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-096, which is attached as Exhibit A, and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of six ( 6) contractors selected to provide emergency asphalt and PCC services on an on-call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals EXHIBIT 3
City Council 20 – 129 5/2/2023
which may reasonably be expected by City.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1 770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City,. its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of thisAgreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to c_opy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

City Council 20 – 130 5/2/2023
City Council 20 – 131 5/2/2023
City Council 20 – 132 5/2/2023
City Council 20 – 133 5/2/2023
City Council 20 – 134 5/2/2023
City Council 20 – 135 5/2/2023
City Council 20 – 136 5/2/2023
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:�d� Brruhlo'6Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

CITY OF SANTA ANA
Kristine Ridge
City Manager
PALP, INC., DBA EXCEL PAVING CO.

City Council 20 – 137 5/2/2023
City Council 20 – 138 5/2/2023

EXHIBIT A
City Council 20 – 139 5/2/2023
City Council 20 – 140 5/2/2023
City Council 20 – 141 5/2/2023
City Council 20 – 142 5/2/2023
City Council 20 – 143 5/2/2023
City Council 20 – 144 5/2/2023
City Council 20 – 145 5/2/2023
City Council 20 – 146 5/2/2023
City Council 20 – 147 5/2/2023
City Council 20 – 148 5/2/2023
City Council 20 – 149 5/2/2023
City Council 20 – 150 5/2/2023
City Council 20 – 151 5/2/2023
City Council 20 – 152 5/2/2023
City Council 20 – 153 5/2/2023
City Council 20 – 154 5/2/2023
City Council 20 – 155 5/2/2023
City Council 20 – 156 5/2/2023
City Council 20 – 157 5/2/2023
City Council 20 – 158 5/2/2023
City Council 20 – 159 5/2/2023
City Council 20 – 160 5/2/2023
City Council 20 – 161 5/2/2023
City Council 20 – 162 5/2/2023
City Council 20 – 163 5/2/2023
AGREEMENT WITH HARDY & HARPER, INC., TO PROVIDE ON-CALL EMERGENCY

ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Hardy & Harper, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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:

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of six (6) contractors selected to provide emergency asphalt and PCC services on an on-call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals EXHIBIT 4
City Council 20 – 164 5/2/2023
which may reasonably be expected by City.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 20 – 165 5/2/2023

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions): if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and a $2,000,000 aggregate.
(5) Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’sinsurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 20 – 166 5/2/2023
(2) Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(6) Claims Made Policies (applicable only to professional liability):
i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
(7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
(8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

City Council 20 – 167 5/2/2023
The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
(10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this City Council 20 – 168 5/2/2023
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

This Agreement may not be modified except by written instrument signed by the City and by an authorized City Council 20 – 169 5/2/2023
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

City Council 20 – 170 5/2/2023

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

Michael Murray, Vice President
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
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 City Council 20 – 171 5/2/2023
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission repo1t issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time f
r
ames weekends, federal, state, County or City holidays
shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
Br
B
Deputy
y��vatierra
City Attorney
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RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

CITY OF SANTA ANA
Kristine Ridge
City Manager
HARDY & HARPER, INC.

City Council 20 – 172 5/2/2023

EXHIBIT A
City Council 20 – 173 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 20 – 174 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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Santa Ana City CouncilMay 2, 2023

Santa Ana City Council
May 2, 2023