Agenda packet — Santa Ana City Council, May 2, 2023 (part 9 of 11)

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 – 175 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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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

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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 – 177 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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• 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 – 178 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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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 – 179 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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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 – 180 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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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 – 181 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

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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.

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EXHIBIT B
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To: CITY OF SANTA ANA Salvador Jordan Muñoz Contact:

Project Name: Santa Ana - Emergency On Call Contract 2-6-23 Bid Number:

SANTA ANA, CA 92703 Fax:

Address: 220 S. DAISY AVE. BLDG A Phone: (714) 647-5468 Project Location: Bid Date:

Item # Estimated Quantity Item Description Unit Unit Price Total Price 1 1 Sample Task A UNCLASSIFIED EXCAVATION 550.00 CY $262.00 $144,100.00 2 AC PAVEMENT 130.00 TON $375.00 $48,750.00
3 FURNISH & INSTALL #6 PULLBOX 4.00 EACH $1,500.00 $6,000.00 4 ADJUST MANHOLE TO FINISHED GRADE 5.00 EACH $2,750.00 $13,750.00 5 PCC CURB & GUTTER (TYPE A-2-8) 100.00 LF $190.00 $19,000.00 6 SIGNING & STRIPING 1.00 LS $26,250.00 $26,250.00
7 TRAFFIC CONTROL WORK 1.00 LS $43,750.00 $43,750.00
Total Price for above 1 Items: $301,600.00
2 1 Sample Task B UNCLASSIFIED EXCAVATION 550.00 CY $262.00 $144,100.00 2 PCC SIDEWALK 2,500.00 SF $27.00 $67,500.00
3 PCC CURB RAMP 3,000.00 SF $34.00 $102,000.00
4 PCC CURB & GUTTER (TYPE A-2-8) 100.00 LF $188.00 $18,800.00 5 FURNISH & INSTALL #6 PULLBOX 4.00 EACH $1,500.00 $6,000.00 6 ADJUST MANHOLE TO FINISHED GRADE 5.00 EACH $2,750.00 $13,750.00 7 CATCH BASIN 1.00 EACH $41,250.00 $41,250.00
8 REMOVE & REPLACE 30" REINFORCED CONCRETE PIPE 75.00 LF $1,250.00 $93,750.00 9 GUARD RAIL REPLACEMENT 50.00 LF $240.00 $12,000.00
10 GUARD RAIL REPLACEMENT TERMINATION 1.00 EACH $9,750.00 $9,750.00 11 REMOVE & REPLACE CHAIN LINK R/W FENCE 50.00 LF $165.00 $8,250.00 12 CONCRETE BARRIER TYPE 836 50.00 LF $1,250.00 $62,500.00 13 TRAFFIC CONTROL WORK 1.00 LS $65,000.00 $65,000.00
Total Price for above 2 Items: $644,650.00
Total Bid Price: $946,250.00
Notes:
• IN NO EVENT SHALL HARDY & HARPER, INC. BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS

OBLIGATIONS HEREUNDER ARISING OUT OF OR CAUSED BY, DIRECTLY OR INDIRECTLY, FORCES BEYOND ITS CONTROL, INCLUDING,

WITHOUT LIMITATION, STRIKES, WORK STOPPAGES, ACCIDENTS, ACTS OF WAR OR TERRORISM, CIVIL OR MILITARY DISTURBANCES,

NUCLEAR OR NATURAL CATASTROPHES, PANDEMICS OR ACTS OF GOD, AND INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMMUNICATIONS OR COMPUTER (SOFTWARE AND HARDWARE) SERVICES, UNFORESEEN COST ESCALATION. HARDY & HARPER, INC. SHALL

USE REASONABLE EFFORTS CONSISTENT WITH ACCEPTED PRACTICES IN THE INDUSTRY TO RESUME PERFORMANCE AS SOON AS PRACTICABLE.
•
• LABOR, EQUIPMENT & MATERIAL
• PRICE INCLUDES ONE (1) MOVE-IN - $10,500.00 FOR EACH ADDITIONAL MOVE-IN • PRICE BASED ON MINIMUM 8 HR SHIFTS
• PROPOSAL PRICES GOOD FOR 30 DAYS WITH SIGNED QUOTE OR LOI - PRICE GOOD THROUGH 3/30/2023 - PRICES SUBJECT TO INCREASE

AFTER EXPIRATION DATE
• CUT, LOAD, HAUL, SWEEP & TACK

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RATES EFFECTIVE
06/01/2022
State License No. 215952
Physical/Mailing Address: 32 Rancho Circle | Lake Forest, CA 92630 Telephone (714) 444-1851 | Fax (714) 444-2801

UNION SIGNATORY COMPANY
Contact:

Cell:

Email:

EQUIPMENT RATE UNIT
PAVERS
10’ Paving Machine Cedar Rapids w/Automatics Ski (10.5’-20’) $260.00 Hour 8’ Paving Machine Cedar Rapids w/ Automatics (8’-14’) $260.00 Hour Back-up Paving Machine $450.00 Day
Hopper Insert $100.00 Day

ROLLERS
2’ Walk Behind Double Drum/Vibratory Roller $150.00 Day Double Drum/Vibratory Roller $700.00 Day
Back-up Double Drum/Vibratory Roller $200.00 Day

MISCELLANEOUS
Midland Shoulder Machine (Road Widener) $325.00 Hour
Skip Loader $500.00 Day
Light Tower $250.00 Day
Crew Truck w/Tools, (SS1H Oil-Extra) $750.00 Day
• AC & PCC BILLED PER INVOICE PLUS 15%
• SS1H OIL will be billed by the Gallon
• EQUIPMENT MOVES $160.00 PER HR (4 HR MIN.)Excludes: Bobcat, Shuttle Buggy, Sand Truck & Water Truck • All hourly equipment rentals will be 4 hour minimum & billed at 2 hour increments thereafter *ROADTEC SB-2500E (SHUTTLE BUGGY) CUSTOMER FUELS MACHINE $185.00/HR = Shuttle Buggy Moves (8 hour minimum)
$100.00/DAY = Hopper Insert
~ $8.00/Gallon If Tank Not Returned Full of Fuel
$450.00 Hour
*BOBCAT W/ GRINDER 18”/ OPERATED
$250.00/HR = After 4 Hours
$275.00/HR = After 8 Hours -OT Rate
$360.00 = Saturday Premium
$680.00 = Sunday Premium
$2,160.00
4/HRMIN
*SAND TRUCK /OPERATED
Additional 2 Hour Minimum Move Charge Per Shift
$145.00 = 4-8 Hours - Reg Rate
$175.00 = After 8 Hours - OT Rate and SAT Rate
$205.00 = After 12 Hours - DT Rate and SUN Rate
$1,500.00
4/HRMIN
*WATER TRUCK /OPERATED
Additional 2 Hour Minimum Move Charge Per Shift
$145.00 = 1-8 Hours - Reg Rate
$175.00 = After 8 Hours - OT Rate and SAT Rate
$205.00 = After 12 Hours - DT Rate and SUN Rate
$1,500.00
4/HRMIN

LABOR REG OT DBL UNIT
Foreman w/Pickup $175.00 $262.50 $350.00 Hour
Operators $170.00 $255.00 $340.00 Hour
Paver & Shuttle Buggy Op. W/ Start-up Time $175.00 + 1hr/Day $262.50 $350.00 Hour Dump Man $170.00 + 1hr/Day $255.00 $340.00 Hour
Laborer / Cement Mason $150.00 $225.00 $300.00 Hour
Travel Time - Portal to Portal $120.00 $180.00 $240.00 Hour • LABOR: SHOW UP TIME = 2 HOURS (PAY) Time Rate unless otherwise stated on Rental Agreement. • LABOR: UNDER 4 HRS WORKED = 4 HRS (PAY) • Any required hotel rooms will be billed to the contractor per hotel receipts • LABOR: AFTER 4 HRS = 8 HOURS (PAY) • Any premium or per diem costs including zone pay shall be billed • LABOR: AFTER 8 HRS & SAT RATE= OT Rate according to the Operators Master Agreement • LABOR: AFTER 12 HRS & SUN RATE = DT Rate • Substance paid per Union Agreement • NO LUNCH (Operators Only ) = ½ Hour charge at Double
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AGREEMENT WITH VIDO SAMARZICH, 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 Vido Samarzich, 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.

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 be made for work which fails to meet the standards of performance set forth in the Recitals EXHIBIT 5
City Council 20 – 212 5/2/2023
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 within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 20 – 213 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 – 214 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 – 215 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.

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 – 216 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 – 217 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 – 218 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:

Vido L. Samarzich, Vice President
Vido Samarzich, Inc.
6829 Billings Place
Rancho Cucamonga, CA 91701
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 – 219 5/2/2023
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City Council 20 – 220 5/2/2023

EXHIBIT A
City Council 20 – 221 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 – 222 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.

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 3 of 8 ends

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:

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 4 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.

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

CITY OF SANTA ANA
RFP 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.

Sample Task Order B Items of Work

City Council 20 – 227 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.

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 – 228 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 7 of 8 ends

City Council 20 – 229 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 8 of 8 ends

City Council 20 – 230 5/2/2023

EXHIBIT B
City Council 20 – 231 5/2/2023
a. Cover Letter
VIDO SAMARZICH, INC.

General Engineering Contractor No. 4332r0 A
5829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70] TELEPHONE 909 -987 - 637 7 FAX 909-987-B9BB
February 6,2023
Mr. Michael Oftiz
Project Manager
City of Santa Ana
Public Works Agency
20 Civic Center Plaza
Santa Ana, CA9270l
Subject: Request for Proposals (RFP) for On Call E,rnergency Asplialt & PCC, RFP No.: 22-096 Mr. Ortiz:

Enclosed, please find our proposal for the On Call Emergency Asphalt & PCC, RFP No.: 22-096 for your consideration. Should you have any questions, please contact me directly at (626) 926-2216.

Sincerely,
til //
Vido L. Samarziclr
Vice President
Er.rc.

City Council 20 – 232 5/2/2023
b. Agreement Statement
VIDO SAMARZTCH, INC.

General Engineering Contractor No. 4332r0 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEP HO N E 909 -987. 637 7 FAX 909-9B7.B9BB
February 6,2023
Mr. Michael Oftiz
Project Manager
City of Santa Ana
Public Works Agency
20 Civic Cerrter Plaza
Santa Ana, CA 92701
Subject: Request for Proposals (RFP) for On Call Ernergency Asphalt & PCC, RFP No.: 22-096 Mr. Ortiz:

Please consider this our formal statement of concurrence with any and all provisions as contained in the standard agreement of the subject RFP.

Sincerely,
til //
Vido L. Samarziclr
Vice President
City Council 20 – 233 5/2/2023
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VIDO SAMARZICH, INC.

General Engineering Contractor No. 4332r0 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I c. Firm and Team Experience
TELEPHO N E 909 -987 -637 7
FAX 909-987-B9BB ,9
Our firm, Vido Samarzich, Inc., has been performing work of this nature since 1961. We have cornpleted numerous projects, of rnany different sizes, with rnany different scopes, for rnany different agencies. The project manager, Vido L. Sarnarzich, has been managing projects and day to day operations for over 25 years. Two of our key personnel and years of experience are Felipe Pineclo (40+ years) and Noe Tinajero (30+ years), both of who are able to be in charge when the project manager is not available. Below are the employees available for work of this nature:

Laborers:

Aldo Abaloni
Alejandro Jimenez
Jesus Leal
Javier Leal-Lopez
Alej andro Mondragon-J imenez
Everardo Rodriguez- Cortez
Armando Valladares
Cement Masons:

Albert Cantu
Jesus Gonzalez
Modesto Guillen Lopez
Rogerio Jimenez
Rafael LopezLopez
RaulMalagon Frias
Carlos Martinez
RafbelTinajero
Rigoberlo Tinajero
Operators:

Adan Tinajero
Felipe Pinedo (also formerly a cement mason foreman)
Noe Tinajero (also formerly a cement llason foreman)
d. Understandins Scope of Services
Our firm's basic approach to this scope of services will be:
-have our project manager review, schedule, and coordinate al1 work. -have of foreman implement the work with applicable crews in the field. -have our crews of laborers, cement masons and operators complete the work.

We are very farniliar with this scope of work and all tasks necessary for completion of this work. There is no need for the City to have any concerns with our firm completing work of this soope. .t
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City Council 20 – 234 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No. 4332i0 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I 70I TELEPHONE 909-987-6377 FAX 909-987-8988

COMPLETED CONSTRUCTION PROJECT

REFERENCES / RELEVANT PROJECT EXPERIENCE

1. Project Name: Local Street Curb Ramp Improvements Phase II Owner: City of Santa Ana
. Phone Number: (714) 552-5336
Engineer/Contact: Mr. Gerardo Lechuga
Contract Amount: $3 99,000.00
Date of Completio nz 2020

2. Project Name: Etiwanda Corridor Improvements Project Owner: City of Rialto
Phone Number: (714) 381-2410
Engineer/Contact: Mr. Fred Alipanah
Contract Amount: $ 1,098,000.00
Date of Completionz 2020

3. Project Name: Residential Street Improvements Bishop St and Raitt St Owner: City of Santa Ana
Phone Number: (714) 615-0892
Engineer/Contact: Mr. Michael Ortiz
Contract Amount: $ 1,279,000.00
Date of Completionz 2020
' , 4. Project Name: Residential Street Repair Program FY18/19 Owner: City of Santa Ana
Phone Number: (714) 615-0892
Engineer/Contact: Mr. Michael Ortiz
Contract Amount: $876,000.00
Date of Completionz 2020

5. Project Name: Sidewalk Gap Closure Pro.ject
Owner: City of Palm Springs
Phone Number: (760) 323-8253 x8744
Engineer/Contact: Mr. Donn Uyeno
Contract Amount: $ 1,267,000.00
. Date of Completionz 2020
Page I of7
i,'
City Council 20 – 235 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No.4332r0 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEPHON E 909 -9 87 -637 7 FAX 909-987-B9BB
I

12. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton
Phone Number: (714) 738-6853
Bngineer/Contact: Mr. David Grantham
Contract Amount: $2, 1 00,000.00
Date of Completion: 2019

13. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga
Phone Number: (909) 774-4070
Engineer/Contact: Mr. Romeo David
Contract Amount: $975,000.00
Date of Completion: 2018

14. Project Name: Wilshire Avenue Water and Sewer Improvement Project Owner: City of Fullerlon
Phone Number: (7 14) I 38-6895
Engineer/Contact: Mr. Gar Huang
Contract Amount: $550,000.00
Date of Completion: 2018

15. Project Name: Elm/Malden Area Street, Sewer and Water Improvements Owner: City of Fullerton
Phone Number: (714) 773-0049
Engineer/Contact: Mr. Joseph Hernandez
Contract Amount: $2,200,000.00
Date of Completion: 201 8

16. Project Name: Anaheim Hills Road Water Main Replacement Owner: City of Anaheim
Phone Number: (714) 863-8020
Engineer/Contact: Mr. Luis Tapia
Contract Amount: $600,000.00
Date of Completion: 201 8

17. Project Name: CDBG ADA Wheelchair Access Ramp Replacement at Various Locations Owner: City of Orange
Phone Number: (714) 744-5566
Engineer/Contact: Mr. Matthew Lorenzen
Contract Amount: $204,3 00.00
Date of Completion: 2018
ri
I

Page 3 ends

,)
City Council 20 – 236 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No.4332ro A
,;.
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I

24. Project Name: Monterey Road Street Improvements
Owner: City of South Pasadena
Phone Number: (626) 590-0570
Engineer/Contact: Mr. Alex Chou
Contract Amount: $ 1,550,000.00
Date of Completionz 2017

25. Project Name: Fletcher Avenue Reconstruction
Owner: City of South Pasadena
Phone Number: (7 02) 204-4025
Engineer/Contact: Mr. Mark Peterson
Contract Amount: $878,000.00
Date of Completionz 2016

26. Project Name: Patterson Street Reconstruction
Owner: City of Fullerton
Phone Number: (714) 732-9060
Engineer/Contact: Mr. Pete Acosta
Contract Amount: $675,000.00
Date of Completion: 2016

27. Project Name: Magnolia/Bolsa Intersection Widening
Owner: City of Westminster
Phone Number: (714) 548-3464
Engineer/Contact: Ms. Theresa Tran
Contract Amount: $978,000.00
Date of Completionz 2016

28. Project Name: 2015 Water Main Improvements
Owner: City of Westminster
Phone Number: (714) 548-3456
Engineer/Contact: Mr. Tuan Pham
Contract Amount: $1, 1 00,000.00
Date of Completion: 2016

29. Project Name: Red Hill Lake Modemization
Owner: City of Rancho Cucamonga
Phone Number: (909) 477-2740
Engineer/Contact: Mr. Romeo David
Contract Amount: $300,000.00
Date of Completionz 2016
TELEPHO N E 909 -9 87 -637 7
FAX 909-987-B9BB

Page 5 ends

City Council 20 – 237 5/2/2023
VIDO SAMARZTCH, INC.
t.' t..'
l,f .
,, r.

General Engineering Contractor No. 433210 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I701 TELEPHO N E 909 -987 -637 7 FAX 909-987-B9BB
:

36. Project Name: YLHS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District
' ': Phone Number: (714) 701-3104
,,
' Engineer/Contact: Mr. Joe Polimino ';' Contract Amount: $675,000.00 Date of Completionz 2013

37. Project Name: County Road Storm Drain
Owner: City of Pomona ': Phone Number: (909) 322-7471 j. Engineer/Contact: Mr. Dave Barron . , Contract Amount: $570,000.00
,; Date of Completionz 2013
I 38. Project Name: Adams Square park
. j Owner: City of Glendale
,.i Phone Number: (S1S) 548-2364
" Bngineer/Contact: Mr. Hagop Kassabian
Contract Amount: $1,100,000.00
Date of Completion: 2010

39. Project Name: Various Public Work Purchase Orders and Contracts 2000-2013 Owner: City of Pasadena
, Phone Number: (626) 484-5640
Engineer/Contact: Mr. Dale Torstenbo - [email protected] ,t Contract Amount: $2,500,000.00 r" Date of Completion: 2000-2013 i

40. Project Name: Misc Park Improvements From 2000-2010 Owner: City of Glendale
. Engineer/Contact: George Balteria - (951) 201-2710
Peter Vierheilig - pvierheilig@ci. glendale. ca.us
Contract Amount: $3,500,000.00
Date of Completion: 2000-201 0
f'.

PageT of7
City Council 20 – 238 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

EXHIBIT A

SCOPE, OF SERVICES
Page9ofl2
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1 "..!r
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tt'i,
City Council 20 – 239 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:

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 withirr 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. I 160, "street Work and Utility Pennit General Provisions." OUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COV[,R):

For the purposes of providing a Fee Schedule based on the below Sarnple Task Orders, the following work items and quantities are provided. The Fee Schedule irr Attachrnent 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 exarnple, if a General Contractor is submitting for Asphalt Corrcrete 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." Sarnple 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
I Unclassifi ed Excavation 550 CY $175.00
2 AC Pavement 130 TN $400.00
3 Furnish and Install #6 Pullbox 4 EA $600.00
4 Adjust Manhole to Finished Grade 5 EA $1700.00
5 PCC Curb and Gutter (Type A-2-8) 100 LF' $105.00
6 Signing and Striping 1 LS N/A
7 Traffic Control Wolk I LS N/A
Page I of8
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City Council 20 – 240 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
Sample Task Order B - Concrete Paving
Item Description Qty Unit Unit Price Total
I Unclassifi ed Excavation 550 CY $175.00
2 PCC Sidewalk (T={") 2,500 SF $14.00
3 PCC Curb Ramp 3,000 SF $40.00
4 PCC Curb and Gutter (Tvpe A-2-8) 100 LF $105 00
5 Furnish and Install #6 Pullbox 4 EA $600.00
6 Adjust Manhole to Finished Crade 5 EA $1700.00
7 Catch Basin (Type "B," W=10' ) I EA $13,000.00
8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF $300.00 9 Guard Rail Replacement (Caltrans RSP A77N4) s0 LF N/A 10 Guard Rail Replacement Termination (Caltrans) I EA N/A 11 Remove and Replace Chain Link R/W Fence 50 LF N/A
12 Concrete Barrier Type 836 (Caltrans) 50 LF N/A
l3 Traffic Control Work I LS N/A

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'oPayment" 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 irnprovement plan measurements, or the approved iternized cost for each On-call or Emergency Task Order to calculate bond amounts,ifany. TaskOrderworkshall bepertheCity'sStandardPlans,As-BuiltPlans,orotherdirectionfrom thePublicWorksAgency. IfrequiredforaTaskOrder,thecashdepositorthesuretybondsshall guaranteethe 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 l0%o 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 tirnely and urgent manner.

The contractor shall be available on an on-call basis, 24170 ancl 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 T:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation rnay be considered after hours/weekends.

Page 2 ends

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City Council 20 – 241 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

EXHIBIT B
FEE, PROPOSAL, including hourly rates
-[
*f?zrcrr:zD
Sff ftfE r.N gapg of r*ffis- ?4c€<
Page l0 of 12 City Council 20 – 242 5/2/2023
Employee Rates as of 11,-7-2022
Classification
Gonzalez, Jesus Cement Mason
Lopez, Rafael Cement Mason Journeyman
Frias, Raul Cement Mason
, Carlos Cement Mason
Rodriguez-Cortez, Everardo Laborer Journeyman - Group 3 Cement Mason Apprentice - 7th Period
City Council 20 – 243 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERCENCY ASPHALT & PCC

EXHIBIT C

CERTIFICATIONS
Pagellof12 City Council 20 – 244 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty ofperjury that he/she and all his/her subcontractors are registered with the State of California Departrnent of IndLrstrial Relations (DIR), and that the following is true and correct.

Contractor's Name: Vido Samarzich, lnc.

Business Address: 6829 Billings Place, Rancho Cucamonga, CA 91701 Business E-Mail Address: [email protected]
Telephone: (909) 987-6377
State Contractor's License No. and Class: 433210 A
LicenseExpirationDate: 1213112024
State Dept. of Industrial Relations (DlR)
Registration No.:

State Dept. of Industrial
1 00001 321 3
Registration E
Signed:

Title:
(DrR)
06t30t2023
Vice President

Page 1 of 10 ends

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL E,MERCENCY ASPHALT & PCC

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, 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.

Since the services are being perfonned as paft of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the cornmencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shallpost copies atthe Contractor's principal place of br.rsiness and at the project site.

The undelsisned ceftifies that the foresoins is true and correct.

Name of Firrn Vido Samarzich, lnc.

Signature of

CONTRACTOR
Title Vice President
(if an individual, so state)

Page 2 ends

City Council 20 – 246 5/2/2023

OWNERSHIP AFFIDAVIT

STA'IE OF CALIIIORNIA

COUN'IY OF ORANGE

CI'TY OF SAN'I'A ANA
Vido L. Samarzich

CITY OF'SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
, being duly sworn, deposes and says:

That he/she is the pafiy nraking the fbregoing proposal:

That he/she is a rner.nber ofthe co-partnership lirnt designnted as:
and who has been and is duly vcsted with the authority to makc and execute instrunrelits fbr the co-parlnclship by:
who constitute the other members of the co-partnership.

That he is of:

Vido Samarzich, lnc.
)
) SS:
)
I rNorvroual
I n,rRrNrnsnn
COR.POt{A'I'ION
a corporatiorl which is making thc lorcgoing proposal:

E.rorNT vENTIJr{E That he is ol':
one ofthe palties nraking the fbrcgoing proposal as ajoint verltr-lre, and the heishe has been and is dLrly vested with the authority to cxecute instlunlents lbr an on behalfofthe parlies nraking said bid who are:
that such a bid is genuine and not collusive or sham, and has not in ally manner sought by collusion to secure any person.
hl/
S ignature of CONTRACTOR
Subscribed and sworn to before me this day of
Signature of officer Adrninistering Oath (Notary Public) 20

Page 3 of 10 ends

advantage against the City of Santa Ana or any person interested in the proposed contract, for hirnself or any other City Council 20 – 247 5/2/2023
notary public or other officer completing this
verifies only the identity of the individual
signed the document to which this certificate
attached, and not the truthfulness, accuracy, or
alidity of that document.

State of California
County of Los Anqeles
Subscribed and sworn to (or affirmed) before me on this 6th day of February 20 23
, by Vido L, Samarzich
proved to me on the basis of satisfactory evidence to be the personJsi/who appeared before me.
(Seal) Signature
COMM. #2369579 z
Notary Publlc . Calilornla I
-
Riverside County. _--_{
City Council 20 – 248 5/2/2023
CITY OF SA\TA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
LIST OF S UB.CONTRACTORS
Section 4100 et. seq. of the PLrblic Contract Code requires listing of all sr-rbcontractors with the proposal/bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: t./ro/o of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %%o of thebid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of lndustrial Relations (DIR).

CONTRACTOR proposes to subcontract cerlain portions of the work to the finns listed below:

Name Nan e
License #lBxp.

DIR Reg. #/Exp.

Location
Phone
Licqrse #lBxp.

DIR Reg. #lBxp.

Location
Phone
Type Of Work
Amount $
Name
Type Of Work
Amount $
Nan e
License #lExp.

DIR Reg. #/Exp.

Licerrse #lBxp.

DIR Reg. #/Exp.

License # License #
Location
Phone
Type Of Work
Amount $
Location
Phone
Nar e
Location
Phone
Type Of Work
Amount $
Name
License #lBxp.

DIR Reg. #/Exp.

License #
Licerrse #lExp.

DIR Reg. #lBxp,
Licerrse #
Location
Phone
Type Of Work
Amount $
Type Of Work
Amount $
/
1/t , I /
!/.,4 t/ t
S ignature of CONTRACTOR

Page 4 ends

City Council 20 – 249 5/2/2023
CITY OF SA\TA ANA
RFP NO.: 22-096

ON CALL EMERCENCY ASPHALT & PCC

REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the ptst three years.

I SEE ATTACHED REFERENCES
Name and Telephone Number of person fan,iliar wi:h project. 2020
Contract Arnount Type of Wcrk Date Cornpleted

2. Name and Address of owner.

Name and Telephone Number of person familiar wi"h project.

Contract Amount Type of Work Date Cornpleted
J.

Name and Address of owner.

Name and Telephone Number of person farniliar wi:h project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, ernail addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders.

Broker - RS Bonding and lnsurance Agency, lnc (714) 541-4700 1633 E. 4th Ave., Suite 228, Santa Ana, CA92701
Surety - Old Republic Surety Company (909) 367-2015
14728 Pipeline Ave #E, Chino Hills, CA 91709

Page 5 of 10 ends

City Council 20 – 250 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No. 433210 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEPHONE 909-987-6377 FAX 909-98/-B9BB

COMPLETED CONSTRUCTION

PROJECT REFERENCES

1. Project Name: Local Street Curb Ramp Improvements Phase II Owner: City of Santa Ana
Phone Number: (714) 552-5336
Engineer/Contact: Mr. Gerardo Lechuga
Contract Amount: $399,000.00
Date of Completio n: 2020

2. Project Name: Etiwanda Corridor Improvements Project Owner: City of Rialto
Phone Number: (714) 381-2410
Engineer/Contact: Mr. Fred Alipanah
Contract Amount: $ 1,098,000.00 ' Date of Completion:2020

3. Project Name: Residential Street Improvements Bishop St and Raitt St ' Owner: City of Santa Ana
Phone Number: (714) 615-0892
Engineer/Contact: Mr. Michael Otiz ' Contract Amount: $1,279,000.00 Date of Completion: 2020

4. Project Name: Residential Street Repair Program FY18/19 Owner: City of Santa Ana
Phone Number: (714) 615-0892 ' Engineer/Contact: Mr. Michael Ortiz Contract Amount: S876,000.00
Date of Completionz 2020
. 5. Project Name: Sidewalk Gap Closure project
Owner: City of Palm Springs
" Engineer/Contact: Mr. Donn Uyeno
Contract Amount: $1,267,000.00
Date of Completionz 2020
Page I of7
City Council 20 – 251 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor uo.43s2ro A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEPHONE 909_987-6377 FAX 909-987.B9BB

6. Project Name: Misc Storrn Drain Improvements - 335 S. Hale Ave , Owner: City of Fullerton
Phone Numberz (714) 738-6853
Engineer/Contact: Mr. David Grantham
Contract Amount: $200,000.00
Date of Completio n: 2020

7. Project Name: Misc Storm Drain Improvements - Knepp Ave . Owner: City of Fullerton
.:.. Phone Number: (714) 738-6853
, Engineer/Contact: Mr. David Grantham
Contract Amount: $3 04,000.00
; Date of Completionz 2019

8. Project Name: Local Street Curb Ramp Improvements
Owner: City of Santa Ana
;'; Phone Number: (714) 552-5336
:: Engineer/Contact: Mr. Gerardo Lechuga
: Contract Amount: $577,000.00
:" Date of Completionz 2019
' 9. Project Name: 3'd Ave Pavement Rehabilitation and Water Improvements 6wner: City of Upland
Phone Number: (909) 291-2946
Engineer/Contact: Mr. Bob Critchfield
, . Contract Amount: $2,800,000.00
Date of Completio n: 2079
" 10. Project Name: 9tl' Street Pavement Rehabilitation and Water Improvements Owner: City of Upland
Phone Number: (909) 291-2946
Engineer/Contact: Mr. Bob Critchfield
, Contract Amount: $2,600,000.00
: Date of Completion:2019

11. Project Name: La Palma Ave Sidewalk Improverrents
Owner: City of Anaheim ' Phone Number: (714) 765-5052
Engineer/Contact: Mr. Joel Jordan " Contract Amount: $479,000.00 Date of Completio n: 2019
Page2 of7
City Council 20 – 252 5/2/2023
VIDO SAMARZTCH, INC.

General Engineering Contractor No. 4332i0
^
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEPH O N E 9O9.987 -637 7 FAX 909.987-B9BB I

12. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton
Phone Number: (7 14) 7 38-6853
Engineer/Contact: Mr. David Grantham
: Contract Amount: $2,100,000.00
Date of Completion: 2019

13. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga ' Phone Number: (909) 774-4070 Engineer/Contact: Mr. Romeo David
Contract Amount: $975,000.00
Date of Completion: 201 8

14. Project Name: Wilshire Avenue Water and Sewer Improvement Project Owner: City of Fullerton
Phone Number: (714) 738-6895
Engineer/Contact: Mr. Gar Huang
Contract Amount: $550,000.00
Date of Completion: 201 8

16. Project Name: Anaheim Hills Road Water Main Leplacement Owner: City of Anaheim
Phone Number: (714) 863-8020 ' Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00
Pate of Completion: 2018

17. Project Name: CDBG ADA Wheelchair Access R.amp Replacement at Various Locations Owner: City of Orange
Phone Number: (714) 744-5566
. Engineer/Contact: Mr. Matthew Lorenzen
Date of Completion: 201 8

Page 3 of 7 ends

City Council 20 – 253 5/2/2023
...;
VIDO SAMARZICH, INC.

General Engineering Contractor No.433210 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9IlOI

18. Project Name: 2017 Citywide Curb Ramp Improvements
Owner: City of Laguna Beach
Phone Number: (818) 402-0225
Engineer/Contact: Mr. Tri Nguyen
Contract Amount: $285,000.00
Date of Completion; 2017

19. Project Name: Safe Routes to School Improveme nts, Phase 3 Owner: City of Glendale
Phone Number: (818) 402-0225
Engineer/Contact: Mr. Gary Edsall
Contract Amount: $908,000.00
Date of Completion: 2017

20. Project Name: Heim Ave at Canal St Storm Drair Improvements Owner: City of Orange
Phone Number: (714) 744-5566
Engineer/Contact: Mr. Matthew Lorenzen
Contract Amount: $99,000.00
Date of Completionz 2077

21. Project Name: Citywide Sidewalk Repair Pro.lecl FY 15-16 Owner: City of Santa Monica
Phone Number: (951) 522-4505
Engineer/Contact: Mr. Craig Wheeler
Contract Amount: $878,000.00
Date of Completion: 2017

22.Project Name: FY 16/17 Curb Access Ramp Insttllation Project Owner: City of Huntington Beach
Phone Number: (714) 536-5259
Engineer/Contact: Mr. Joe Fuentes
Contract Amount: $679,000.00
Date of Completion: 2017

23. Project Name: Comstock Avenue Water Main Improvements Owner: City of Whittier
Phone Number: (562) 567-9302
Engineer/Contact: Mr. Carl Hassel
Contract Amount: $578,000.00
Date of Completion: 2017
TELEPHO N E 909 -987 - 637 7
FAX 909-987-B9BB
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City Council 20 – 254 5/2/2023
VIDO SAMARZTCH, INC.
-l
;.
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General Engineering Contractor No.433210 A
5829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9]/OI

24. Project Name: Monterey Road Street Improvements
Owner: City of South Pasadena
Phone Number: (626) 590-0570
Engineer/Contact Mr. Alex Chou
Contract Amount: $1,550,000.00
Date of Completionz 2017

25. Project Name: Fletcher Avenue Reconstruction
Owner: City of South Pasadena
Phone Number: (7 02) 204-4025
Engineer/Contact: Mr. Mark Peterson
Contract Amount: $878,000.00
Date of Completionz 2016

26. Project Name: Patterson Street Reconstruction
Owner: City of Fullerton
Phone Number: (7 14) 7 32-9060
Engineer/Contact: Mr. Pete Acosta
Contract Amount: $675,000.00
Date of Completion: 2016
27 . P roject Name: Magnolia/Bolsa Intersection Widening Owner: City of Westminster
Phone Number: (714) 548-3464
Engineer/Contact: Ms. Theresa Tran
Contract Amount: $978,000.00
Date of Completionz 2016

28. Project Name: 2015 Water Main Improvements
Owner: City of Westminster
Phone Number: (714) 548-3456
Engineer/Contact: Mr. Tuan Pham
Contract Amount: $ 1,1 00,000.00
Date of Completionz 2016

29. Project Name: Red Hill Lake Modemization
Owner: City of Rancho Cucamonga
Phone Number: (909) 477-2740
Engineer/Contact: Mr. Romeo David
Contract Amount: $3 00,000.00
Date of Completiont 2016
TELEPHO NE 9O9.987 - 637 7
FAX 909-987-B9BB
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City Council 20 – 255 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No. 433210 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I

30. Project Name: 2015 Concrete Improvements
Owner: City of Inglewood
Phone Number: (714) 468-7319
Engineer/Contact: Mr. Hunter Nguyen
Contract Amount: $425,000.00
Date of Completion: 2015

31. Project Name: El Centro Avenue Rehabilitation
Owner: City of South Pasadena
Phone Number: (626) 590-0570
Engineer/Contact: Mr. Alex Chou
Contract Amount: $ l, 1 00,000.00
Date of Completion: 2015

32. Project Name: Concrete Bus Pads
Owner: City of Rancho Cucamonga
Phone Number: (714) 548-3456
Engineer/Contact: Curt Billings
Contract Amount: $ 1 75,000.00
Date of Completion: 2015

33. Project Name: ADA Wheelchair Ramps
Owner: City of Orange
Phone Number: (714) 744-5566
Engineer/Contact: Mr. Matthew Lorenzen
Contract Amount: $275,000.00
Date of Completion: 2015

34. Project Name: 2014Water Improvement
Owner: City of Westminster
Phone Number: (714) 548-3456
Engineer/Contact: Mr. Tuan Pham
Contract Amount: $ 1,1 00,000.00
Date of Completionz 2015

35. Project Name: ADA Sidewalk Improvement
Owner: City of Artesia
Phone Number: (951) 314-6984
Engineer/Contact: Mr. Chuck Burkhardt
Contract Amount: $200,000.00
Date of Completionz 2014
TELEPHON E 909.987 -637 7
FAX 909-98/.B9BB
Page6 f 7
City Council 20 – 256 5/2/2023
VIDO SAMARZICH, INC.

General Engineering Contractor No. 433210 A
6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 9I70I TELEPHONE 909.987-6377 FAX 909-987.B9BB
.

36. Project Name: YLHS Park Bryant Cross Feeder Pipeline , Owner: Yorba Linda Water District
Phone Number: (714) 701-3104
Engineer/Contact: Mr. Joe Polimino
Contract Amount: $675,000.00
Date of Completio nz 2Ol3

37. Project Name: County Road Storm Drain
Owner: City of Pomona
Phone Number: (909) 322-7471
Engineer/Contact: Mr. Dave Barron
Contract Amount: $570,000.00

38. Project Name: Adams Square Park
Owner: City of Glendale
Phone Number: (818) 548-2864 ' Engineer/Contact: Mr. Hagop Kassabian Contract Amount: $1, I 00,000.00

39. Project Name: Various Public Work Purchase OrJers and Contracts 2000-2013 Owner: City of Pasadena ' Phone Number: (626) 484-5640
Engineer/Contact: Mr. Dale Torstenbo - dtorsten b o@city ofpasadena.net Contract Amount: $2,500,000.00
Date of Completionz 2000-2013

40. Project Name: Misc Park Improvements From 2m0-2010
. Owner: City of Glendale
Engineer/Contact: George Balteria - (95 1) 201-2710
P eter V i erhe i I i g - p v ierhei I i g (Q,ci. glendal e. ca. us Contract Amount: $3,500,000.00
. " Date of Completion: 2000-2010
PageT of7
City Council 20 – 257 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
REFERENCES. (CONTINUED)
The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has perfbrmed similar work in the past five years. t.

Name and Address of Owner.

Name and Telephone Number of person farniliar with pro.iect.

Contract Amount Type of Wc rk Date Cornpleted

2. Name and Addr"ess of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Wc rk Date Corr-rpleted

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Wc rk Date Completed
The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and ronds from for Task Orders.

SEE PREVIOUS SHEET FOR INFORMATION

Page 6 ends

CITY OF SA-\TA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and PLrblic Contract Code Section 7106) In conformance with Title 23 United States Code Section I 12 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organiz,rtion, or oorporation; that the bid is genuine and not collusive or sham; that the BIDDER has not dir:ctly or indirectly indr"rced or solicited any other BIDDER to put in a lalse or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against rhe public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fufiher, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infornration or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to eifectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit s part of the Proposal. BIDDERS are cautioned false certification rnay subject the certifier to criminal prosecution.

Signed
State of California
Countv of
Subscribed and sworn to (or affirrned) before r1e on this _ day of _, 20-, by
;@,provedtonreonthebasisofsati.factoryeulden."tobetheperson(s) Notary Pr-rbl ic S ignatr-rre Notary Public Seal
h,

Page 7 ends

notary public or other officer comple.ing this
verifies only the identity of the individual
signed the document to which this certificate
attached, and not the truthfulness, accuracy, or
alidity of that document.

State of California
County of Los Anqeles
Subscribed and sworn to (or affirmed) before me on this -6th day of February 20 23 , by Vido L. Samarzich
proved to me on the basis of satisfactory evidence to be the coMM. #2369579 ;
Notary Public . Calitornta 8
^ Riverside County I
(Seal) Signature
red before me.

City Council 20 – 260 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or atternpting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the nraking of any Federal grant, the rnaking of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offlcer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall cornplete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fbct upon which reliance was placed when this transaction was made or entered into. Submission of this cerlification is a prerequisite for making orenteringintothistransactionimposedbySection l352,Title3l,U.S.Code. Anypersonwho fails to file the required certification shall be subject to a civil penalty of not less than $ I 0,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall exceed $100,000 h subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

Vice President
Vido Samazich, lnc.
02t06t2023
Page B of 10
require that the of this cerlification be included in all lower tier subcontracts, which City Council 20 – 261 5/2/2023

2. 3.

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the perfbrmance of this contract, certifies as follows:
l. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, ornational origin. The Consultant shalltake affirrnative action to ensure that applicants are ernployed, and that employees are treated dLrring employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be lirnited to, the following: employment, upgrading, demotion, or transfer; recruitrnent or recruitment advertising; layoff or termination; rates of pay or other fonns of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to ernployees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Consultant shal1, in all solicitations or advertisements for ernployees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

The Consultantshall sendto each labor union orrepresentative of workers with which he/she has a collective bargaining agreement or other contract or understarrding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

Tlre Consultant shall furnish all information and repofts required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Seoretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

4. 5.

6. City Council 20 – 262 5/2/2023 Page 9 of 10

CITY OF'SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

7. The Consultant shall include the portion of the sentence irnrnediately preceding paragraph (l) and the provisions ofparagraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders o1'the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Septemb er 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enfbrcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a resr"rlt of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter
Signed:

Title:

Firm:

Date: 02t06t2023
Vice President
Vido Samarzich, lnc.

Page 10 of 10 ends

AGREEMENT WITH WE R BUILDERS, 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 We R Builders, 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 6
City Council 20 – 264 5/2/2023
which may reasonably be expected by City.

City Council 20 – 265 5/2/2023

City Council 20 – 266 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 – 267 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 – 268 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 – 269 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 – 270 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:

Nezar Alsmadi, President
We R Builders, Inc.
15 Homestead Drive
Trabuco Canyon, CA 92679
714-423-3844
[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 and [email protected]
3746 Foothill Blvd, #304,
Glendale, CA 91214 (Cell); 714-874-5275 (Office)
City Council 20 – 271 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
WE R BUILDERS, INC.,
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Nezar Alsmadi
Deputy City Attorney President
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
N
City Council 20 – 272 5/2/2023

EXHIBIT A
City Council 20 – 273 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 – 274 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.

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 3 of 8 ends

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:

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 4 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.

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

CITY OF SANTA ANA
RFP 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.

Sample Task Order B Items of Work

City Council 20 – 279 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.

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 – 280 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 7 of 8 ends

City Council 20 – 281 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 8 of 8 ends

City Council 20 – 282 5/2/2023

EXHIBIT B
City Council 20 – 283 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC
CONTRACTOR’S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.

Contractor’s Name:

Business Address:

Business E-Mail Address:

Telephone:

State Contractor’s License No. and Class:

License Expiration Date:

State Dept. of Industrial Relations (DIR)
Registration No.:

State Dept. of Industrial Relations (DIR)
Registration Expiration Date:

Signed:

Title:

Page 1 of 10 ends

Cell: 714.423.38 We R Builders, Inc.; Nezar Alsmadi (President of We R Builders, Inc.) 3746 Foothill Blvd. #304, Glendale, CA 91214 [email protected] (714) 423-3844 1055746 07/31/2023 1000884610 06/30/2023 President City Council 20 – 284 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, 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.

Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site.

The undersigned certifies that the foregoing is true and correct.

Name of Firm
Signature of

CONTRACTOR
Title
(if an individual, so state)

Page 2 of 10 ends

Nezar Alsmadi, P
Cell: 714.423.38 We R Builders, Inc. President
City Council 20 – 285 5/2/2023
City Council 20 – 286 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR).

CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below:

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Signature of CONTRACTOR

Page 4 of 10 ends

Cell: 714.423.38
N/A - None anticipated needed
City Council 20 – 287 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders.

Page 5 of 10 ends

Adelfia Insurance 23133 Hawthorne Blvd. Suite 202 Torrance, CA 90505 [email protected] / (310) 747-4157 Gritly Insurance Sevices, Inc. 25109 Jefferson Ave. Suite 215 Murrieta, CA 92562 [email protected] / (951) 436-0980 Sierra Corporate Management, Inc., 320 N Park Vista St, Anaheim, CA 92806 Edmund Nisbet, (682) 215-9049
$500,000.00 per annum Repair & Maintenance Master Contract On-Going - Contract Extended Lincoln Center Mobile Home Park, 9080 Bloomfield Ave. Cypress, CA 90630 Ashley Lopez, (657) 644-2226
$615,000.00 Concrete & Roadway Improvement January 2022 Hollydale Mobile Home Park Estates, 5700 Carbon Canyon, Brea, CA 92843 Noemi Solis, (714) 528-7779 Retaining Wall Project
Work Orders
($5,000.00 Min - $150,000.00 Max.) December 2022
City Council 20 – 288 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

REFERENCES, (CONTINUED)
The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Page 6 of 10 ends

$90,000.00 Lot Grading and Drainage Improvement February 2022 City Council 20 – 289 5/2/2023
City Council 20 – 290 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

Page 8 of 10 ends

Cell: 714.423.38 President We R Builders, Inc. 02/06/2023 City Council 20 – 291 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultantshall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

Page 9 of 10 ends

City Council 20 – 292 5/2/2023

CITY OF SANTA ANA
RFP NO.: 22-096

ON CALL EMERGENCY ASPHALT & PCC

Page 10 of 10 ends

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

Signed:

Title:

Firm:

Date:

Nezar Alsmadi, P
Cell: 714.423.38 President We R Builders, Inc. 02/06/2023 City Council 20 – 293 5/2/2023
3 City Council 20 – 294 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — C O V E R L E T T E R —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
Contractor: We R Builders, Inc.

Type of Entity: S-Corporation
Mailing Address: 3746 Foothill Blvd, #304, Glendale, CA 91214 Point of Contact: Nezar Alsmadi | Cell: 714.423.3844 | Email: [email protected] Dear Michael Ortiz,
We are pleased to submit our proposal in response to your On Call Emergency Asphalt & PCC for the City of Santa Ana’s Request for Proposal (RFP) No. 22-096 Contract. Our proposal is enclosed for your review and consideration. As a professional contractor with many years of extensive experience in the construction industry, I am confident that our team at We R Builders, Inc. has the qualifications, resources, and expertise to deliver high-quality solution that exceeds your expectations.

Our team of skilled professionals have a demonstrated track record of delivering quality construction projects on time, within budget, and with a commitment to safety and customer satisfaction. We understand the importance of meeting project requirements, as well as the complexities of large construction projects. Our approach is based on collaboration, communication, and a proactive problem-solving mindset, which we believe will result in a successful project outcome.

Our proposal includes a comprehensive project plan including all contents as outlined in the RFP, including information of We R Builders and its staff’s qualifications, experience, and relevant references, to demonstrate our expertise in delivering similar projects.

We are excited about the opportunity to work on the On Call Emergency Asphalt & PCC contract and are committed to delivering exceptional results. Our team is ready to engage with you and other representatives to ensure that all project requirements are met, and to make this project a success.

Thank you for considering our proposal. We look forward to the opportunity to discuss our qualifications and approach in more detail, and to demonstrate our commitment to delivering a successful project outcome.

Sincerely,
Nezar Alsmadi; President/Project Manager
We R Builders, Inc.

Nezar Alsmadi, P
Cell: 714.423.38
City Council 20 – 295 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — A G R E E M E N T S T A T E M E N T —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
This Agreement Statement is to serve as Nezar Alsmadi’s, President of We R Builders, authorization for the submission of the enclosed Proposal, and hereby acknowledges that We R Builders has read and understands the Contractors responsibilities with this Proposal submission.

We R Builders hereby conforms we have no concurrence or concerns with any of the Provisions contained in the standard agreement attached in the Appendix of the above referenced RFP – ‘ATTACHMENT 2: STANDARD AGREEMENT’.

Sincerely,
We R Builders, Inc.

City Council 20 – 296 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — F I R M & T E A M S E X P E R I E N C E —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
We, We R Builders, Inc., are a well-established General Contractor with extensive experience in sidewalk, curb and gutter, handicap ramps and other concrete roadway improvements. With several years of experience in the industry, we have a proven track record of delivering high-quality concrete work that meets or exceeds industry standards. Our team of experienced professionals is skilled in all aspects of concrete construction, from preparation and excavation to pouring and finishing.

In addition to our extensive experience, we are equipped with state-of-the-art equipment and tools that allow us to complete projects efficiently and effectively. Our Public Works team consists of three (3) ongoing consistent crews performing work of similar nature. We R Builders establishes a well experienced team at the beginning of each contract and will remain assigned to the Projects for the duration of the contract to ensure deliverables remain efficient.

We R Builders experience for Projects and Contracts of similar nature consists of Projects ranging from as little as $5,000.00, to $1M(+). Managing multiple ‘Master Contracts’, We R Builders’ personnel are well experienced in performing work-orders on an on-call and emergency basis; thereby understanding the necessary resources required to appropriately provide such services.

Our team consists of highly skilled and experienced professionals who are knowledgeable in all aspects of concrete work, including but not limited to:

Concrete & Masonry Construction –
• Demolition and removal.
• Pour and finishing.
• Repairing and restoration.
• Resurfacing and overlays.
• And more.

We have experience bidding on public projects and have a thorough understanding of the requirements and regulations involved. Our firm has the necessary insurance coverage, licenses, and bonding capacity to perform concrete work on public projects.

We are confident in our ability to provide exceptional concrete services and would welcome the opportunity to participate in your public bid solicitation process. Please do not hesitate to contact us if you require any additional information or references.

Sincerely,
We R Builders
City Council 20 – 297 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — F I R M & T E A M S E X P E R I E N C E —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works

WE R BUILDERS PROJECT TEAM TO BE AFFILIATED ON THIS PROJECT IS PRESENTED ATTACHED & AFTER THIS SHEET.

City Council 20 – 298 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd. #304, Glendale, CA 91214
(714)874-5275| [email protected] KEY PERSONNEL
DIR No. | 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. | 1055746 www.wrbconstruction.com 1 OF 1 | PAGE Nezar Alsmadi
Project Manager
(714)874-5275
[email protected]

EDUCATION
Cal State Long Beach
Bachelor of Science in Civil Engineering

RELEVANT SKILLS
• Licensed General Contractor (A & B)
• Budgeting & Cost Controls
• Scheduling & Goal Accomplishments
• Establishing Protocols
• Collaborations Inhouse & 3rd Party(s)
• Resource Optimization
• Team Recruitment & Development
• Residential & Commercial Construction
• Preparing Detailed Bids & Contracts
• Managing Change Order(s)
• Construction Operations
• Estimating
• Developing and Applying Jobsite Safety
Plans and Policy.
• Materials & Equipment Control.
• Documents Control.
• Compliance with Specifications,
Submittals, Inspections and Quality
• Oversite of Onsite & Offsite Operations
and Deliverables.

PORTFOLIO
Nezar Alsmadi, President of We R Builders, Inc., takes role as an Executive Project Manager overseeing operations and growth direction. Advancing towards two decades in the industry and a Civil Engineering background, Nezar’s extensive experience working in Public & Private-Works projects, technically challenging projects, and production-based projects has configured his capabilities to engage the more sophisticated projects and contracts. Nezar’s oversight and involvement on all operations ensures all projects consist of result-driven operations and management meeting financial goals and deadlines, quality-performance and workmanship conforming to applicable codes, safety-compliant operations with proper implementations, and providing excellent customer service with clear and open communications.

PROFESSIONAL EXPERIENCE & QUALIFICATIONS
Nezar’s professional experience in the industry comprises of taking part in successfully completing well over $100,000,000.00 of Construction Projects. Majority of these completed projects consist of Public Works projects, though Nezar has a unique experience history involving other Commercial (Private Works) projects and Residential Projects.

Applying himself to the full extent, Nezar’s dedication and competence in the industry has permitted him to further enhance his abilities, resulting in providing precise project estimates, whether it is for budgeting purposes or competitive bidding purposes; Managing projects for enhanced project operational and documentational deliverables; assisting our clients in establishing a proper system (contractual and infrastructural).

Nezar’s Construction Experience is comprised in General Engineering Construction and General Building Construction; involving, but not limited to, Concrete and Masonry Construction; Underground Utilities & Infrastructures; Hardscape & Landscape Restorations; Ground-Up Construction; Additions/Extensions.

PROFESSIONAL EXPERIENCE & QUALIFICATIONS
• Demonstrate excellent verbal and written communication skills and ability to maintain strong working rapport with internal and external customers. • Proven success in effectively managing competing priorities and deadlines, and handling multiple tasks in a fast paced environment. • Excellent organizational, problem solving, interpersonal and teaming skills.
• Excellent oral and written communication skills, specifically business / report writing.
• Excellent oral/written communication, presentation, negotiation, organizational skills.

City Council 20 – 299 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected] KEY PERSONNEL DIR No. | 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. | 1055746 www.wrbconstruction.com 1 OF 1 | PAGE Saed ELSaadi
Field Engineer
(714)874-5275
[email protected]

EDUCATION
Cal Poly Pomona
Bachelor of Science in Civil Engineering

RELEVANT SKILLS
• Scheduling & Goal Accomplishments
• Establishing Protocols
• Resource Optimization
• Team Recruitment & Development
• Residential & Commercial Construction
• Managing Change Order(s)
• Construction Operations
• Estimating
• Developing and Applying Jobsite
Safety Plans and Policy.
• Materials & Equipment Control.
• Documents Control.
• Compliance with Specifications,
Submittals, Inspections and Quality
• Oversite of Onsite & Offsite Operations
and Deliverables.

PORTFOLIO
Saed ElSaadi, Field Engineer of We R Builders, Inc. With extensive knowledge of principles and standards of engineering, Saed’s experience bring leadership to the table and proven track record of finishing complex projects under budget and ahead of schedule.

PROFESSIONAL EXPERIENCE & QUALIFICATIONS
Saed performed duties as a test lead to complete entry-level project management for cosite, designs, antenna isolation, and range testing. Preparing test plans, test reports, data finalization, budget management and instructed other individuals into performing task's to complete testing. Saed’s experience developed a new methodology to interfacing newer systems with current test instrumentation, in order to test accordantly as well as creating new test methodologies.

Saed’s experience in Field engineering construction involves leadership experience includes conducting site surveys, troubleshooting, installing, maintaining, repairing and testing equipment devices.

OTHER SKILLS
• Working knowledge of basic survey and layouts
• Working knowledge of scheduling and estimating software • Ability to prepare clear and concise oral and written communications • Knowledge of Windows Office Systems; particularly in Excel, Word and Outlook
• Demonstrated team and leadership skills
City Council 20 – 300 5/2/2023
Elias Hermosillo
Superintendent
;ϳϭϰͿϴϳϰͲϱϮϳϱ
[email protected]

EXPERIENCE
¬¾XD@QR@RRTODQHMSDMCDMS
DWODQSHRDHMBNMRSQTBSHNM
ATRHMDRR@MC@CDOS@SL@M@FHMF
SD@LR

RELEVANT SKILLS
x Private and Public Works
Construction
x Construction Operations
x Quality Control
x Cost Controls
x Project Scheduling
x Blueprint & Plan Reading
x Team Recruitment &
Development
x Resource Optimization
x Building and Mechanical
Knowledge
x Relentless attention to detail

CAREER OBJECTIVE
Reliable superintendent with 10+ years of onsite leadership. Highly effective at performing work to help team complete challenging projects under tight deadlines.

Experienced in developing construction scheduling, and monitoring worksite for safety and compliance with regulations. Specializes at conducting thorough equipment and infrastructural inspections. Proficient in alteration, demolition, repair, or maintenance work at job sites. Career progression from a Laborer to Superintendent.

PROFESSIONAL EXPERIENCE
December 2020 - Current
Superintendent
We R Builders, Trabuco Canyon, CA
x Direct strategic operation onsite of 5+ employees.
x Supervises, directs, and coordinates the scheduling and execution of projects. x Monitor daily work activities to ensure proper adherence with company and jobsite safety.
x Knowledge of building codes, city ordinances, state, and local regulations. x Knowledge in modern building construction methods, materials, and operating procedures.
x Builds & maintains construction schedule, identifies and solves problems.

November 2010 – November 2020
Superintendent
Sundance Construction, Chino Hills, CA
x Leads the project team in planning and execution of project and revises as appropriate to meet changing needs and requirements.
x Take off quantities.
x Examining quotes with specifications.
x Completing bid items, incorporating all costs, etc.
x Submittals/RFI’s.
x Traffic Control Plans.
x Contacting suppliers and subcontractors.
x Minimized company exposure and project performance risks. x Proficient in mixing, pouring, and fishing concrete at job sites.

January 2005 – October 2010
Independent Contractor
Los Angeles, CA
x Manage project scope, schedule, and budget on all projects. x Performed excavation, earth-moving, rigging, and concrete work. x Performed demolition work, coordinated work teams using knowledge of location and level of charge, wrote orders, and crosschecked materials requirements.
x Established traffic Control Plans amongst teams.
x Subcontractor communications.
x Change Orders.
x Purchase Orders.

City Council 20 – 301 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected] KEY PERSONNEL DIR No. | 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. | 1055746 www.wrbconstruction.com 1 OF 1 | PAGE Layan Subeih
Project Engineer
(714)874-5275
[email protected]

EDUCATION
Cal State Long Beach
Bachelor’s in Architectural

RELEVANT SKILLS
• Requirements Analysis
• Operations and Control
• Project Management
• Time Management
• Scheduling & Goal Accomplishments
• Establishing Protocols
• Team Recruitment & Development
• Residential & Commercial Construction
• Managing Change Order(s)
• Developing and Applying Jobsite Safety
Plans and Policy.
• Materials & Equipment Control.
• Compliance with Specifications,
Submittals, Inspections and Quality
• Oversite of Onsite & Offsite Operations
and Deliverables.

PORTFOLIO
• Layan Subeih, Project Engineer in We R Builders, Inc., Layan’s experience and dedication in the field helped her to identify projects responsibilities by determining the phases and elements of projects. Layan worked and coordinate engineering projects working closely with other engineers that made her learn and experience the entire field by assisting project management team with the creation of project plan and schedule. Layan also has the ability to manage and supervise multiple tasks and work in a team and preserve until the desired result is achieved.

PROFESSIONAL EXPERIENCE & QUALIFICATIONS
Layan’s experience led her to manage multiple capital equipment builds projects from design through installation, establishing project cost control for material, labour, subcontractors, and miscellaneous costs. Layan helped assisting with the formulating of commissioning schedules that include pressure tests, system cleanings, equipment checkouts and startups, testing and balancing partnering closely with the project Manager to execute various tasks, including negotiating change orders and overseeing subcontractor work.

Layan’s experience is in Project Engineering field involving but not limited to Project management, Operations management,
Operations Analysis , Purchasing, Executing, Monitoring, & Closing.

OTHER SKILLS
• Excellent verbal and written communication skills and ability to maintain strong working rapport with internal and external customers. • Excellent organizational, problem solving, interpersonal and teaming skills.
• Excellent oral and written communication skills, report writing. • Excellent and strong attention to details.

City Council 20 – 302 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — U N D E R S T A N D I N G S C O P E O F S E R V I C E S — February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
With reference to above referenced, the following scope of work outlines We R Builders’ understanding of the scope of work and anticipated approach to perform such services to satisfy the Contractors scope of work in accordance with this RFP. Such services will be contingent on the Task Order and its magnitude of its urgency, type of work, etc., as further detailed in the RFP, to ultimately determine the appropriate procedure(s) and process’ to respond to each assignment appropriately and as applicable.

After retrieving the City of Santa Anas inquiry of the Task Order and all information has been provided, the following Construction Services shall take place –
Mobilization –
• Coordinate, assemble and dispatch crew and equipment as required to accommodate the workreflected on the task order.
• Facilitate USA Dig Alert as required/needed.
• Ensure PPE’s, Safety measures and practices are in place and in accordance to OSHA regulations. Safety measures further extend to proper site investigation and preparation requirements to protect and existing facility(s) visible and within the work zone. • Layout appropriate Traffic Control system to accommodate work area. • Unless directed otherwise by the City, traffic control implementation will be per Watch Manual (unless directed otherwise by appropriate representative). • Preparation: This includes removing any existing vegetation and debris from the area, marking the location of utilities, and setting up barriers to protect the work area and the public. • Demolition: The existing concrete Sidewalk, Curb & Gutter, Roadway, and/or other component of the RFP, is broken up using heavy machinery such as jackhammers or concrete saws. The debris is disposed of properly. Where grinding then overlaying is required, the bobcat grinder attachment will be used.
• Base Preparation: The surface is leveled and compacted to provide a stable base for the new concrete. Any soft spots or low areas are filled with compacted soil or gravel. • Reinforcing: Reinforcing steel or mesh is placed in the prepared base to help ensure the new concrete will be strong and crack-resistant.

City Council 20 – 303 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 • Pouring: Fresh concrete is poured into the prepared base and leveled to the proper height and slope. The concrete is then smoothed and finished to match the surrounding area. • Curing: The concrete is left to cure for several days, during which time it is protected from foot traffic and water damage.
• Truncated domes will be installed where required.
• Final Inspection: After the concrete has cured, a final inspection is performed to ensure that the new sidewalk meets all standards for quality, durability, and safety.

Note: The scope of services will be maintained by appropriate erosion control, dust control, and traffic control. Permits will be pulled with traffic control plans when required.

Sincerely,
Nezar Alsmadi, President
We R Builders, Inc.

Nezar Alsmadi, P
Cell: 714.423.38
City Council 20 – 304 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — R E L A T I V E P R O J E C T E X P E R I E N C E —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
City Council 20 – 305 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — S C H E D U L E —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
We R Builders hereby confirms there will be no conflicting issues with our schedule, as we will make this contract our top priority.

City Council 20 – 306 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — R E F E R E N C E S —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
See Work Experience
City Council 20 – 307 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM R F P N O . 2 2 - 0 9 6 — F E E S —
February 6, 2023
Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works
T&M Sheets Attached.

City Council 20 – 308 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610

06.30.2023 1 OF 1 | PAGE WRB.T&M.LBR.22-23
PUBLIC WORKS WWW.WERBUILDERS .COM T&M COST -PLUS RATES
EFFECTIVE: JULY 1, 2022 THROUGH JUNE 30, 2023
PROJECT MANAGEMENT — CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME Project Administrator PADM $71.02 $91.33 $111.63
Project Engineer 1 PEG1 $77.59 $100.77 $123.95
Project Engineer 2 PEG2 $89.07 $117.00 $144.92
Project Engineer 3 PEG3 $97.34 $129.16 $161.00
Superintendent PMSP $154.74 $201.74 $248.74
Assistant Project Manager PMAS $127.81 $173.27 $221.47
Project Manager PMPM $144.52 $194.92 $245.32
Senior Project Manager PMSR $202.61 $273.55 $344.48
LABORERS — CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME General Foreman LAGF $101.21 $137.79 $174.36
Foreman LAFM $98.68 $130.67 $162.69
Group 5 - Blaster / Drifter LAG5 $95.75 $126.39 $157.03 Group 4 - Pipe Layer, C&S LAG4 $95.23 $125.63 $156.02
Group 3 - Pipeline Backup Man LAG3 $92.96 $122.21 $151.47 Group 2 - Chute Man LAG2 $92.15 $121.02 $149.89
Group 1 - General LAG1 $91.35 $119.81 $148.26
Apprentice - 6th Period (85%) LAA6 $88.43 $120.40 $152.36 OPERATING ENGINEERS — CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME Foreman, Appdx. A OEFM $123.98 $161.86 $202.19
Group 8, Appdx. A - Universal OEG8 $120.55 $154.52 $193.61 TEAMSTERS — CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME Group 10 - Working Truck Driver TDG10 $94.20 $120.96 $146.89 NOTE(S) / TERMS —
• The rates proposed herein consist of WRB's in-house employee’s rates only. • All rates provided herein includes all Markups, and no additional markups should be applied to these rates. • All (if any) third-party Sub-Tiers/Vendors providing services or products for the Contract, shall be compensated for, per the following:

Material, subcontractors, subsistence, outside equipment rentals, machinery rentals, tools rentals, costs in fuel for such rentals, permits, inspections, and other related costs or fees will be billed at the total Invoice Amount (costs + sales tax, as applicable) + Markups of 15% for Overhead and Profits.
• Overtime Rates: Shift(s) shall be compensated for per union agreement(s). If unscheduled On-Call Emergency Dispatches occur after crew worked their standard 8-hour work shift, Overtime/Double-Time rates may apply at the beginning of the work shift, dependent on Crews total hour worked, and per Union Agreement(s).
• Foreman's & Truck Drivers shall be compensated for One additional (+1) workhour (ST, OT, or DT) per work-shift, in addition to the work hours reported for the crew's work shift(s).
• Travel Time: Billing time will begin once employees are dispatched, and end upon their return to the company facility. • Subsistence: Lodging & meals for management, superintendents & general foreman will be billed, when deemed adequate, at actual costs, plus mark-up at 15%.
• Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. • This document does not include all labor classifications. Additional labor classifications are available upon request(s). Some work areas may be subject to special wage agreements; if applicable, fees will be billed accordingly. • These terms shall extend and apply to the attached equipment rates, as applicable. • Where warranty is deemed adequate for the services provided, the warranty is limited to One-Year after completion of work. • These rates assume there will be no need of Bond Premiums (Bid Bond, Payment Bond and Performance Bond). • Rates scale provided herein will increase at the rate and time determined per the applicable Prevailing Wage Rate in California.

City Council 20 – 309 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610

07.01.22 – 06.31.23 1 OF 2 | PAGE WRB.T&M.EQR.22-23
PUBLIC WORKS WWW. WERBUILDERS .COM T&M COST -PLUS RATES EFFECTIVE: JULY 1, 2022 THROUGH JUNE 30, 2023
AIR COMPRESSORS — U.O.M. RATES CONCRETE EQUIPMENT — U.O.M. RATES AIR COMPRESSOR ‐ 13 HP (TRUCK MOUNTED) HOURLY $8.00 CONCRETE MIXER ‐ 1/3 CUYD CAP. (TOW TYPE) DAILY $90.00 AIR COMPRESSOR ‐ 185 CFM W/ TOOLS & HOSES HOURLY $20.00 CONCRETE SAW ‐ WALK BEHIND HOURLY $60.00 CONCRETE VIBRATOR (ELECTRIC) DAILY $100.00
ASPHALT PAVING EQUIPMENT — U.O.M. RATES CONCRETE WASHOUT BIN (5.25 CUYD) DAILY $75.00 ASPHALT SPREADER BOX (VARIABLE WIDTH) HOURLY $6.00
PROPANE TORCH ‐ PORTABLE HOURLY $5.00 CONFINED SPACE & SAFETY EQUIPMENT — U.O.M. RATES ROLLER ‐ 24" WIDTH WALK-BEHIND-TYPE HOURLY $24.00 AIR SUPPLY SYSTEM ‐ ALLEGRO DAILY $250.00 ROLLER ‐ 30” – 36" WIDTH WALK-BEHIND-TYPE HOURLY $28.00 AIR CART W/60 MIN. BOTTLES DAILY $160.00 ROLLER ASPHALT SMTH VIB.DUAL DRUM 3 TO 5 TON HOURLY $41.00 STRETCHER BASKET W/ BUCKLES DAILY $75.00 ROLLER ASPHALT SMTH VIB. DUAL DRUM 8 TON HOURLY $50.00 GAS / OXYGEN MONITOR DAILY $100.00 TACK SPRAYER/EMULSION POT (220 GAL. CAP.) HOURLY $18.00 HARNESS ‐ FULL BODY TYPE DAILY $15.00 LANYARD RETRACTABLE TYPE ‐ 30' LENGTH (YO‐YO) DAILY $35.00 BACKHOES — U.O.M. RATES MANHOLE BLOWER ‐ 4130 CFM (GAS POWERED) DAILY $40.00 CAT 420 D 4X4 / CASE 580 SUPER M 4X4 HOURLY $57.00 S.C.B.A. 5 MINS (SCOTT SKA‐PAK 2.2‐3.0) DAILY $75.00 CAT 430E / CASE 590 SUPER M 4X4 HOURLY $70.00 TRIPOD W/ WINCH FOR CONFINED SPACE ENTRY DAILY $80.00 VELOMETER (AIR FLOW MEASURING DEVICE) DAILY $100.00
BACKHOES ATTACHMEMNT — U.O.M. RATES VENT BLOWER TRAILER MOUNTED (12,000 CFM) HOURLY $35.00 AUGER DRILL ‐ 12" DIAMETER (MAX DEPTH 8') HOURLY $180.00 VENT BLOWER TRAILER MOUNTED (25,000 CFM) HOURLY $50.00 AUGER DRILL ‐ 24" DIAMETER (MAX DEPTH 8') HOURLY $250.00 HYDRAULIC BREAKER 1000 LB FOR BACKHOES HOURLY $50.00 EXCAVATOR & EXCAVATOR ATTACHMENTS — U.O.M. RATES COMPACTION WHEEL ‐ 12" OR 18" WIDE HOURLY $10.00 EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $105.00 EXCAVATOR - CAT 315 (OR SIMILAR) HOURLY $85.00
BORING EQUIPMENT — U.O.M. RATES BUCKET ATTACHMENT (24” – 36” WIDE) HOURLY $10.00 ACCU‐PUNCH BORE MOLE 2" DIAMETER HOURLY $18.00
GENERATORS — U.O.M. RATES
COMPACTION EQUIPMENT — U.O.M. RATES GENERATOR 5 KW HOURLY $10.00 TAMP / POWDER PUFF ‐ AIR DRIVEN DAILY $25.00 GENERATOR 25 KW HOURLY $20.00 JUMPING JACK HOURLY $15.00 GENERATOR 45 KW HOURLY $35.00 VIBRATORY SOIL PLATE COMPACTOR 34" W (CAT 320) HOURLY $26.00 GENERATOR 118 KW HOURLY $75.00 VIBRATORY PLATE 24” (WALK BEHIND) DAILY $100.00 GENERATOR 230 KW HOURLY $115.00 City Council 20 – 310 5/2/2023
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.423.3844 | [email protected]
CA License #1055746 | DIR #1000884610

07.01.22 – 06.31.23 2 OF 2 | PAGE WRB.T&M.EQR.22-23
PUBLIC WORKS WWW. WERBUILDERS .COM T&M COST -PLUS RATES EXCAVATOR — U.O.M. RATES TRAFFIC CONTROL EQUIPMENT — U.O.M. RATES EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $105.00 ARROW BOARD (SOLAR) HOURLY $15.00 BARRICADE ‐ TYPE I/DELINEATOR TRAFFIC CONE DAILY $1.00
GENERATORS — U.O.M. RATES BARRICADE ‐ TYPE-II/TYPE-III/ADA PEDESTRIAN TYPE DAILY $3.00 GENERATOR 5 KW HOURLY $10.00 TEMP. CHAIN LINK FENCE PANEL 6' X10' W/ FEET DAILY $7.00 GENERATOR 25 KW HOURLY $20.00 RAMP PEDESTRIAN TYPE (BARIATRIC PANEL RAMP) DAILY $20.00 GENERATOR 45 KW HOURLY $35.00 TRAFFIC SIGNS 30" X 30" DAILY $5.00 GENERATOR 118 KW HOURLY $75.00
GENERATOR 230 KW HOURLY $115.00 TRAILERS — U.O.M. RATES TRAILER ‐ LOW BOY TYPE HEAVY HAUL ‐ 88K LBS CAP. HOURLY $31.00 LOADERS & LOADER ATTACHMENTS — U.O.M. RATES
SKID STEER LOADER - CAT 262 HOURLY $45.00 TRUCKS — U.O.M. RATES HYDRAULIC BREAKER ATTACHMENT (FOR CAT 262) HOURLY $32.00 TRUCK – 5 CY CAPACITY HOURLY $65.00 PAVEMENT GRINDER ATTACHMENT (FOR CAT 262) HOURLY $50.00 TRUCK – 10 CY CAPACITY HOURLY $85.00 BROOM/SWEEPER ATTACHMENT (FOR CAT 262) HOURLY $10.00 TRUCK – PICK‐UP TRUCK/SUV/VAN HOURLY $25.00 TRUCK – SERVICE TYPE (F‐350/450/550) HOURLY $40.00
MISCELLANEOUS EQUIPMENT / TOOLS — U.O.M. RATES TRUCK – WATER TYPE 2000 GALLON HOURLY $50.00 CUT‐OFF SAW/CHAIN SAW/SKILL SAW/JIG SAW DAILY $75.00
JACKHAMMER 70 LB AIR DAILY $90.00 WATER PUMPS (W/ 25' SUCT. & 50' DISCHARGE) — U.O.M. RATES TEST PUMP HYDROSTATIC ‐ 5 HP DAILY $80.00 WATER PUMP SUBM./TRASH TYPE, ELEC./GAS/AIR 2" DAILY $60.00 TEST PUMP HYDROSTATIC ‐ 8 HP DAILY $125.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 3" DAILY $85.00 PIPE TONGS (4" TO 12") DAILY $8.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 4" DAILY $135.00 PIPE TONGS (16" TO 24") DAILY $15.00 WATER PUMP TRAILER MOUNTED, DIESEL 6" DAILY $265.00 TAPPING MACHINE - WATER TYPE (UP TO 2") PER INCH $40.00 NOTE(S) / TERMS –
SWEEPERS & BROOMS — U.O.M. RATES THE TERMS AND CONDITIONS PROVIDED ON FORM -T&M-LBR22-23 BROOM / SWEEPER ‐ SELF PROPELLED DAILY $38.00 SHALL EXTEND AND APPLY TO THIS DOCUMENT FULLY, AS-IF INCLUDED POWER BROOM / POWER SWEEPER (WALK BEHIND) HOURLY $45.00 HEREIN.

City Council 20 – 311 5/2/2023
We R Builders, Inc.
15 Homestead Drive, Trabuco Canyon, CA 92679
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
Project Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) We R Builders, Inc.

R F P N O . 2 2 - 0 9 6 www.WRBConstruction.com 1 OF 1 | PAGE In reference to the referenced RFP, enclosed as an attachment is We R Builders, Inc. (WRB) proposal price-list for the bid items related to the Sample Task Order B – Concrete Paving.

Due to limited information provided, the following assumptions were made in regards to the scope of work, with considerations made regarding the Contractors responsibilities in the referenced RFP (Note: The information provided below A-F is also being provided to provide the City of Santa Ana clarity of how the proposed pricing was derived; should the City require the pricing broken out differently, WRB will make it a priority to return such revised pricing(s) to the City).

A. Certain bid items indicated demo and replacement work; however, other bid items did not indicate the replacement of an existing condition, but only to construct/install the proposed item(s).

WRB considered the contractors responsibilities in the RFP, and included the demolition, disposal, hauling/trucking, and/or disposal of the existing condition (similar to its related bid item).

B. The scope of work is priced assumed to be in continuous sequence to meet production, vs to be performed at separate stages.

C. Unclassified Excavation pricing assumes no hazardous material exist, disposing of such material, and replaced and compacted using SE-30 sand (or similar).

D. PCC Curb Ramp assumes approximately Ten (10-each) Curb Ramps in total.

E. The scope of work associated to the i) Pull Box (Item #5) and ii) Manhole (Item #6) are assumed to be performed when the scope interferes with other portions of contractors work in this bid.

F. Traffic Control assumes WATCH manual will suffice.

Please contact Nezar Alsmadi should you have any questions or concerns regarding this Proposal Packet. Thank you for your consideration of We R Builders, and we hope to hear from you soon.

Sincerely,
Nezar Alsmadi, President
Cell: 714.423.3844 | Email: [email protected] We R Builders, Inc.

Nezar Alsmadi, P
Cell: 714.423.38
City Council 20 – 312 5/2/2023

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 $120.00 $66,000.00 $15.28 $38,200.00 $25.00 $75,000.00 $140.00 $14,000.00 $1,200.00 $4,800.00 $1,250.00 $6,250.00 $14,415.00 $29,250.00 $14,415.00 $3,750.00
$750.00
$7,500.00
$14,000.00
$5,000.00
$390.00
$75.00
$750.00
$150.00
$280.00
$5,000.00
City Council 20 – 313 5/2/2023
Finance and Management Services
www.santa-ana.org/finance
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: Online Debit and Credit Card and Electronic Fund Transfer Automated Clearing House (ACH) Merchant Payment Processing Services

AGENDA TITLE
Approve Amendment to Agreement with TSYS Merchant Solutions, LLC DBA Global Payments, Inc. for Online Debit and Credit Card and Electronic Fund Transfer Automated Clearing House (ACH) Merchant Payment Processing Services, Support and Maintenance, and Purchase of Point-of-Sale Payment Terminals for a New Agreement Amount Not to Exceed $2,022,400

RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with TSYS Merchant Solutions, LLC, doing business as Global Payments, Inc., for online debit and credit card payment processing, electronic fund transfer Automated Clearing House (“ACH”) payment processing, support and maintenance, and purchase of payment terminals. The amendment includes a base contract increase in the amount of $4,000 and general contingency increase in the amount of $120,000, for a new agreement amount not to exceed $2,022,400. The not to exceed amount includes a general contingency of $362,400 over the maximum life of the agreement. The amendment adds a base term commencing May 2, 2023 and expiring December 31, 2025, with provision for two renewal options (a three-year and a one-year), subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 6, 2022, the City Council approved a renewal agreement with TSYS Merchant Solutions, LLC, DBA Global Payments Direct, Inc. (“TSYS”), to support the City’s Europay, MasterCard, and Visa (“EMV”) Chip and PIN cashiering software and hardware upgrades to improve the security of debit and credit payment transactions for Santa Ana residents and customers. Now, City staff would like to propose a contract amendment to support new system integrations for various City agencies and to provide added payment services.

The City uses TSYS for all walk-in credit card payments made at City facilities, including City Hall cashiering counters, Police Department Traffic and Records Divisions, and the Santa Ana Zoo. TSYS will also provide an e-Commerce gateway transaction integration City Council 21 – 1 5/2/2023
Online Debit & Credit Card and Electronic Fund Transfer Automated Clearing House (ACH) Merchant Payment Processing Services
May 2, 2023

Page 2 ends

for the EMV Chip and PIN cashiering software and hardware upgrade. The proposed contract amendment would provide more payment options and fewer restrictions for other City agencies currently undergoing information system enhancements and upgrades. Modernization projects in process include the following: the Santa Ana Zoo’s new ticketing system; the new Land Management System used by the Planning and Building Agency and Public Works Agency; the new parks reservation management system; and the new rental registry system.

Staff recommends the approval of a second amendment to agreement with TSYS to expand the scope of payment processing services to include online debit and credit card and electronic fund transfer (ACH) payment processing services. To provide more payment options and fewer restrictions for the departments going through system upgrades, the proposed second agreement includes contingency options for additional systems to integrate into TSYS’ merchant processing and gateway services.

Finance staff would like to streamline all online debit and credit and electronic fund transfer (ACH) payment transactions. TSYS (aka Global Payments/OpenEdge) has unique institutional knowledge of the City’s payment processing systems and is a leading provider of merchant processing payment technology and software solutions.

The alternative to using TSYS could necessitate significant cost to implement an equivalent third-party merchant payment processing service for new software and integration. Therefore, staff recommends the approval of the proposed amendment to provide convenient payment processing services for the new systems noted above.

FISCAL IMPACT
Funding for the agreement is budgeted in various departmental Contract Services Professional accounts (No. Various-62300), allocated based upon use of the services.

Proposed budgets for future fiscal years will include contract funding, as summarized below.

FY
Accountin
g Unit -
Account
No.

Fund
Descri
ption
Accounting
Unit -
Accounting
No.

Description
Support
& Maint.

Contracted
Amount
Annual
Rate
Increase
(Contg.)
Maximum
Amount
2022-23 Various62300 Various
Contract
Services
Professional
$5,000 $199,500 $41,325 $245,825
2023-24 Various62300 Various
Contract
Services
Professional
$5,000 $195,500 $45,325 $245,825
City Council 21 – 2 5/2/2023
Online Debit & Credit Card and Electronic Fund Transfer Automated Clearing House (ACH) Merchant Payment Processing Services
May 2, 2023

Page 3 ends

2024-25 Various62300 Various
Contract
Services
Professional
$5,000 $200,000 $46,000 $251,000
2025-26 Various62300 Various
Contract
Services
Professional
$5,000 $210,000 $47,500 $262,500
2026-27 Various62300 Various
Contract
Services
Professional
$5,000 $220,000 $49,000 $274,000
2027-28 Various62300 Various
Contract
Services
Professional
$5,000 $230,000 $50,500 $285,500
2028-29 Various62300 Various
Contract
Services
Professional
$5,000 $240,000 $52,000 $297,000
2029-30 Various62300 Various
Contract
Services
Professional
$5,000 $125,000 $30,750 $160,750
Subtotal: Subtotal: Subtotal: Grand
Total:
$40,000 $1,620,000 $362,400 $2,022,400

EXHIBIT(S)

1. Second Amendment to Agreement with TSYS Merchant Solutions, LLC DBA Global Payments, Inc.

Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 21 – 3 5/2/2023
EXHIBIT 1
City Council 21 – 4 5/2/2023
City Council 21 – 5 5/2/2023
City Council 21 – 6 5/2/2023
City Council 21 – 7 5/2/2023
City Council 21 – 8 5/2/2023
City Council 21 – 9 5/2/2023
Police Department
www.santa-ana.org/police
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: Fire Alarm System Devices Upgrade, Testing, Inspection and Repair Services

AGENDA TITLE
Agreement with HCI Systems, Inc. for Fire Alarm System Devices Upgrade, Testing, Inspection, and Repair Services (General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with HCI Systems, Inc. for upgrades to the fire alarm system devices at the Police Administration and Jail Buildings and testing and inspection services for a three-year period from May 2, 2023 to June 30, 2026 in the amount of $837,792, plus a contingency of $40,000, for a total amount not to exceed $877,792, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Fire Alarm System Devices Upgrade project.

DISCUSSION
In October 2019, the Public Works Agency issued Request for Proposals (RFP) No. 19- 116 on behalf of the Police Department for a fire alarm system control panel replacement/upgrade project at the Jail Facility. HCI Systems, Inc. (HCI) was the only firm to submit a proposal. The proposal was responsive to the RFP and the City Council approved an agreement with HCI to remove the existing Edwards IRC-3 addressable Network panels and components and furnish and install new EST3 panels, programming services of the new devices, and the installation of a FireWorks System Touch Screen for Monitoring. This work was the first phase of the project.

The Police Department was able to secure funding as part of the carryover from FY 2021-22 to the current fiscal year budget the amount needed to complete the second phase of this project. As HCI provided the services on the first phase in 2020, the Department proposes to utilize the same vendor to continue the second phase for the fire alarm system upgrade to include the following:
• Replacement of all initiating devices in the Police Administration and Jail buildings (smoke detectors, duct detectors, manual pull stations, etc.) • Prevailing wage labor rates
City Council 22 – 1 5/2/2023
Fire Alarm System Devices Upgrade, Testing, Inspection, and Repair Services May 2, 2023

Page 2 ends

• One year warranty of the parts and labor for all new installed devices, as well as an additional four years warranty on the parts
HCI is also a California Multiple Award Schedule (CMAS) vendor for fire alarm system, installation, maintenance, and repair through June 26, 2023. Their CMAS number is 4- 20-07-0101A and utilizing this CMAS vendor streamlines the process in determining that the prices are fair, reasonable, and competitive.

Additionally, HCI currently provides annual, semi-annual, and quarterly fire sprinkler system inspections, fire alarm system test, fire pump inspection, kitchen hood inspection, etc. to maintain and repair the existing systems in compliance with the National Fire Protection Association standard 25. These testing and inspection services have been provided in the past with a blanket order contract under $25,000. The Police Department proposes to formalize a multi-year agreement to include these services as part of the same agreement.

The agreement includes the following services for the period of May 2, 2023 through June 30, 2026:
• $729,972 for the Fire Alarm System Devices Upgrade Project at both buildings • $ 60,980 for the Annual inspection and testing services • $ 46,840 for the Five-Year Fire Sprinkler inspection and repair services • $ 40,000 for contingency for any necessary repairs or additional work (also includes services provided during the period of January 1, 2023 through end of the contract period)

FISCAL IMPACT
Funds for the Fire Alarm System Devices Upgrade Project were approved as a carry forward to the FY 22-23 budget and are available for expenditure as shown below. The funds for the inspection, testing, and repair services are available in the FY 22-23 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The anticipated expenditure plan is as follows:

Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 22-23 01114403-62300 General Fund Building & Facility, Contract Services $ 15,000
FY 22-23 01114403-66200 General Fund
Building & Facility,
Buildings & Building
Improvements
$120,000
FY 23-24 01114403-62300 General Fund Building & Facility, Contract Services $ 81,440
City Council 22 – 2 5/2/2023
Fire Alarm System Devices Upgrade, Testing, Inspection, and Repair Services May 2, 2023

Page 3 ends

FY 23-24 01114403-66200 General Fund
Building & Facility,
Buildings & Building
Improvements
$609,972
FY 24-25 01114403-62300 General Fund Building & Facility, Contract Services $ 25,400
FY 25-26 01114403-62300 General Fund Building & Facility, Contract Services $ 25,980
Total $877,792
The amounts above are estimates only and are subject to change, as they include contingency amounts.

EXHIBIT(S)

1. Agreement with HCI Systems, Inc.

2. Capital Improvement Project Sheet - Fire Alarm System Devices Upgrade Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 22 – 3 5/2/2023

AGREEMENT WITH HCI SYSTEMS FOR FIRE ALARM SYSTEM DEVICES

UPGRADE, TESTING, INSPECTION AND REPAIR SERVICES AT THE SANTA ANA

POLICE DEPARTMENT AND THE SANTA ANA JAIL
THIS AGREEMENT is made and entered into this 2
nd day of May, 2023 by and between HCI
Systems, Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. In October 2019, the City issued Request for Proposal (RFP) No. 19-116, by which it sought a contractor to provide and install upgraded fire alarm panels at the Santa Ana Jail.

B. HCI Systems, Inc. (HCI) was the only Contractor to submit a proposal to provide the services described in the scope of work that was included in RFP No. 19-116.

C. City Council approved an agreement with HCI Systems, Inc. to remove the existing Edwards IRC-3 addressable Network panels and components and furnish and install new EST3 panels, programming services of the new devices, and the installation of a FireWorks System Touch Screen for Monitoring, which was the first phase of the project.

D. The City proposes to utilize the same vendor to continue the second phase for the fire alarm system upgrade to include replacement of all initiating devices in the Police Administration and Jail buildings (smoke detectors, duct detectors, manual pull stations, etc.).

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

1. SCOPE OF SERVICES
Contractor shall perform the services for phase two of the project that were described in the Scope of Services as further delineated in Contractor’s proposals, attached as Exhibit A and incorporated in full.

City Council 22 – 4 5/2/2023

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $877,792. This sum is comprised of the following services and corresponding charges during the term of this Agreement: (1) $729,972 for the Fire Alarm System Devices Upgrade Project at the Santa Ana Police Department and the Santa Ana Jail; (2) $60,980 for annual inspection and testing services; (3) $46,840 for the five-year fire sprinkler inspection and repair services; and (4) $40,000 contingency for any necessary repairs or additional work. b. City shall compensate Contractor for services rendered since January 1, 2023. c. 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 and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence the date first written above and terminate on June 30, 2026, unless terminated earlier in accordance with Section 18, below.

City Council 22 – 5 5/2/2023
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.

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 22 – 6 5/2/2023
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

City Council 22 – 7 5/2/2023
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
The 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 or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that City Council 22 – 8 5/2/2023
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

City Council 22 – 9 5/2/2023

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

13. BACKGROUND CHECK REQUIREMENTS
Contractor shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq., has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.l(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a), 518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5( c), 18745, 18750, or 18755, 12022.53, 11418( b)( 1) or (b)( 2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. The Santa Ana Police Department reserves the right to run a records check and/or Live Scan on Contractor’s employees working in its facilities.

14. 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
Police Administrative Budget Manager
Santa Ana Police Department
60 Civic Center Plaza (M-97)
Santa Ana, CA 92702
City Council 22 – 10 5/2/2023
To Contractor: HCI Systems, Inc.
1354 South Parkside Place
Ontario, CA 91761
Attn: Dario Canizalez, CFO
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

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

16. 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.

City Council 22 – 11 5/2/2023

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

19. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

20. 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.

21. 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.

City Council 22 – 12 5/2/2023

22. 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
________________________ _________________________
JENNIFER L. HALL KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
LAURA A. ROSSINI HANY DIMITRY
Chief Assistant City Attorney CEO

RECOMMENDED FOR APPROVAL
____________________________

DAVID VALENTIN
Chief of Police
for
Hany Dimitry (Apr 21, 2023 08:33 PDT)
City Council 22 – 13 5/2/2023
CA Contractor Lic: 905493
DIR# 1000000046
Santa Ana PD Fire Alarm Upgrade Devices (ADMIN)
60 Civic Center Plaza
Santa Ana, CA. 92701

PROPOSAL FOR

FIRE ALARM SYSTEM

CUSTOMER
Paul Bui
Santa Ana PD
60 Civic Center Plaza
Santa Ana, CA. 92701
(714) 240-2534
[email protected]
September 14, 2022

CONTRACTOR
HCI Systems Inc.

Allen Kandel
[email protected]
Direct: 949-933-1356
Office: 909-628-7773

EXHIBIT A
City Council 22 – 14 5/2/2023
CA Contractor Lic: 905493
DIR# 1000000046
HCI proposes to install a complete system(s) as described below.

This proposal is based on: DESIGN / BUILD

FIRE ALARM PROPOSAL

SCOPE OF WORK

GENERAL INCLUSIONS
This proposal includes Prevailing Wage labor rates per specification. PLA or PSA labor agreements will not be signed.

Applicable taxes and freight.

This proposal is valid for (30) days from the date of this proposal. The Prices quoted herein are subject to increase due to any material and/or labor escalations. A 30 day written notice of an increase shall be provided to the Customer prior to the implementation of any increase.

HCI proposes to replace all intiating devices in the building using new addressable devices. Exisitng locations will be used and no other modifications will be done as part of this project.

HCI has included the standard one (1) year parts and labor for any deivce installed as part of this project as well as an additional four (4) years on the parts for a total of five (5) years

GENERAL EXCLUSIONS
Any and all Painting, patching, access hatches, fire or sound caulking and fire stopping.

Any and all existing alarms, supervisory, and troubles on existing panel(s). (It is assumed that any existing panels that will be added to, shall be clear of all off normal events. If panel is not clear at time of additions, no responsibility shall be assummed or taken to fix existing conditions unless and until Customer issues a change order with the extra costs necesssary to clear the panel(s).)

FIRE ALARM SCOPE OF WORK
HCI will provide conduit, wire and boxes for parts list below for this project.

This proposal excludes plan check, permit and inspection fees per your request Santa Ana PD Fire Alarm Upgrade Devices (ADMIN) City Council 22 – 15 5/2/2023Page 2 of 4 CA Contractor Lic: 905493
DIR# 1000000046
The following is a list of system components to be furnished by HCI based on the bid documents and the items listed above:

FIRE ALARM SYSTEM
QTY. DESCRIPTION
67 MANUAL PULL STATION, INTELLIGENT DOUBLE-ACTION
284 MULTI-CRITERIA SMOKE DETECTOR
2 BEAM DETECTOR, REFLECTIVE 160-330FT W/TEST ST
284 SMOKE/HEAT/CO DETECTOR BASE, INTELLIGENT
17 DUCT DETECTOR, INTELLIGENT
17 DUCT DETECTOR SAMPLE TUBE, 78"
17 REMOTE LED FOR SMOKE/DUCT DETECTOR
2 RISER MONITOR MODULE (PER CIRCUIT)
46 MONITOR MODULE, SINGLE POINT
4 MONITOR MODULE, SINGLE - ELEV\MPS\BEAM DET MONITOR
15 SIGNAL SYNC MODULE (POWER SUPPLY)
57 CONTROL RELAY - AUXILIARY FUNCTIONS
60 INTERFACE RELAY, 10AMP RATING SPDT 120VAC COIL
FIRE ALARM (NO PLAN CHECK FEES):

The Contractor will not accept any deduction or back charge without a valid reasonable written notice to the Contractor. The Contractor must provide written acceptance to the back charge or deduction.

This proposal is based on the published project schedule at bid time. Any changes or delays to the project schedule not within the Contractors control will be subject to additional charges.

The liability for any work requested by Customer to be performed, prior to the Contractor obtaining plan check approval, shall be the sole responsibility of Customer/company requesting said work. Such requests must be made in writing.

This proposal includes electronic copies in PDF of submittals and drawings only, unless otherwise specified in specifications. If Customer requires hardcopy of drawings it shall be subject to additional cost.

Any changes to the project beyond the bid documents for any reason whatsoever outside of the Contractor’s control, whether caused by Owner revisions or construction modifications, are subject to Change Order.

The Contractor shall have the right to terminate this Agreement for any reason, with or without cause, and at any time upon providing a 30- days written notice to Customer. In such event, the Contractor shall provide a credit to Customer for work not performed and such credit shall be the sole and exclusive remedy to Customer.

By issuing a contract to the Contractor to perform the work proposed herein, Customer hereby agrees that this proposal and all items contained within is made part of and incorporated in said contract issued for the performance of this work.

This proposal is based on the Contractor's standard insurance coverage. Any requests for additional coverage beyond the Contractor's standard limits shall be subject to additional charges unless specifically included above. Copies of Contractor’s standard insurance coverage are available upon request.

A bond is not provided for this project. If a bond is required by the Customer, it shall be requested by Customer in writing prior to the issuance of a contract. The additional cost of said bond shall be added to the price quoted herein. The Contractor’s current Bond Rate is 1.5%.

General Conditions and Clarifications
Invoicing will be submitted on a monthly basis based on percent of work completed. Payments are due within 30 days after submission of an invoice. Overdue payments shall bear interest at the rate of 1.5% per month from the date on which payment is due until paid.

If any arbitration or action at law or equity shall be brought on account of this Agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its actual attorneys' fees, which shall be made a part of any award or judgment rendered.
$ 247,035.00
Santa Ana PD Fire Alarm Upgrade Devices (ADMIN) City Council 22 – 16 5/2/2023Page 3 of 4 CA Contractor Lic: 905493
DIR# 1000000046
Company: Paul Bui
Signature:

Printed Name:

Title:

Date:

Respectfully Submitted By:

If applicable, the Contractor requires a reasonable amount of time to pretest the entire system including interface with other trades. Failure of other trades to complete their work in a timely manner which causes the Contractor to incur additional expenses to meet the construction schedule will be subject to additional charges.

If applicable, all work (installation, testing and inspections) shall be scheduled during regular business hours only. Any work or inspections scheduled outside regular business hours will be subject to additional charges.

If applicable, the Contractor will be responsible for scheduling system related inspections. System inspections scheduled by others, resulting in additional cost to the Contractor, shall be subject to additional charges.

The Contractor will not be bound to any labor agreements unless the Contractor independently executes such agreements.

The person executing this Agreement on behalf of Customer represents and warrants that they are authorized to do so by Customer to bind Customer to all terms herein. As a further inducement to the Contractor to enter into this Agreement, the person executing this Agreement agrees to guarantee the performance of Customer herein and to be personally liable for any payments not made by Customer.

The Parties acknowledge that this Agreement is the result of good faith negotiations between the Parties through their respective counsel. Any statute or rule of construction that any ambiguity is to be resolved against the Party that caused such an ambiguity shall not be employed in the interpretation or enforcement of this Agreement.

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. In addition, the Parties agree that facsimile and/or electronic signatures shall be acceptable to evidence the Parties’ assent to this Agreement and are deemed equivalent to original “wet ink” signatures for all purposes under this Agreement.

If applicable, in order to proceed with design, the Contractor must have a hard copy of all relevant current contract drawings and specifications. CAD files for contract drawings are not acceptable.

If applicable, the Contractor shall make every reasonable attempt to obtain a timely plan check. However, the Contractor is in no way responsible for any delays whatsoever due to plan check officials or procedures.

Notwithstanding anything to the contrary, HCI shall not be responsible in any way for manufacturer/supplier/supply chain delays for materials.

Allen Kandel
If Customer requires special wording for Waiver Of Subrogation Certificate, Customer shall request in writing such Certificate from the Contractor and Customer agrees to add and pay $300 to the proposed cost herein.

Santa Ana PD Fire Alarm Upgrade Devices (ADMIN) City Council 22 – 17 5/2/2023Page 4 of 4 CA Contractor Lic: 905493
DIR# 1000000046
Santa Ana PD Fire Alarm Upgrade Devices (Jail)
60 Civic Center Plaza
Santa Ana, CA. 92701

PROPOSAL FOR

FIRE ALARM SYSTEM

CUSTOMER
Paul Bui
Santa Ana PD
60 Civic Center Plaza
Santa Ana, CA. 92701
(714) 240-2534
[email protected]
September 14, 2022

CONTRACTOR
HCI Systems Inc.

Allen Kandel
[email protected]
Direct: 949-933-1356
Office: 909-628-7773
City Council 22 – 18 5/2/2023
CA Contractor Lic: 905493
DIR# 1000000046
HCI proposes to install a complete system(s) as described below.

This proposal is based on: DESIGN / BUILD

FIRE ALARM PROPOSAL

SCOPE OF WORK

GENERAL INCLUSIONS
This proposal includes Prevailing Wage labor rates per specification. PLA or PSA labor agreements will not be signed.

Applicable taxes and freight.

HCI proposes to replace all intiating devices in the building using new addressable devices. Exisitng locations will be used and no other modifications will be done as part of this project.

HCI has included the standard one (1) year parts and labor for any deivce installed as part of this project as well as an additional four (4) years on the parts for a total of five (5) years

GENERAL EXCLUSIONS
Any and all Painting, patching, access hatches, fire or sound caulking and fire stopping.

FIRE ALARM SCOPE OF WORK
HCI will provide conduit, wire and boxes for parts list below for this project.

This proposal excludes plan check, permit and inspection fees per your request Santa Ana PD Fire Alarm Upgrade Devices (Jail) City Council 22 – 19 5/2/2023Page 2 of 4 CA Contractor Lic: 905493
DIR# 1000000046
The following is a list of system components to be furnished by HCI based on the bid documents and the items listed above:

FIRE ALARM SYSTEM
QTY. DESCRIPTION
27 MANUAL PULL STATION, INTELLIGENT DOUBLE-ACTION
650 MULTI-CRITERIA SMOKE DETECTOR
57 HEAT DETECTOR HEAD, 135/ROR INTELLIGENT
707 SMOKE/HEAT/CO DETECTOR BASE, INTELLIGENT
44 DUCT DETECTOR, INTELLIGENT
44 DUCT DETECTOR SAMPLE TUBE, 78"
44 REMOTE LED FOR SMOKE/DUCT DETECTOR
2 RISER MONITOR MODULE (PER CIRCUIT)
99 MONITOR MODULE, SINGLE POINT
4 MONITOR MODULE, SINGLE - ELEV\MPS\BEAM DET MONITOR
15 SIGNAL SYNC MODULE (POWER SUPPLY)
57 CONTROL RELAY - AUXILIARY FUNCTIONS
60 INTERFACE RELAY, 10AMP RATING SPDT 120VAC COIL
FIRE ALARM (NO PLAN CHECK FEES):

This proposal is based on the published project schedule at bid time. Any changes or delays to the project schedule not within the Contractors control will be subject to additional charges.

If any arbitration or action at law or equity shall be brought on account of this Agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its actual attorneys' fees, which shall be made a part of any award or judgment rendered.
$ 482,937.00
Santa Ana PD Fire Alarm Upgrade Devices (Jail) City Council 22 – 20 5/2/2023Page 3 of 4 CA Contractor Lic: 905493
DIR# 1000000046
Company: Paul Bui
Signature:

Printed Name:

Title:

Date:

Respectfully Submitted By:

The Contractor will not be bound to any labor agreements unless the Contractor independently executes such agreements.

If applicable, in order to proceed with design, the Contractor must have a hard copy of all relevant current contract drawings and specifications. CAD files for contract drawings are not acceptable.

Notwithstanding anything to the contrary, HCI shall not be responsible in any way for manufacturer/supplier/supply chain delays for materials.

Santa Ana PD Fire Alarm Upgrade Devices (Jail) City Council 22 – 21 5/2/2023Page 4 of 4

V 072622, Quoted 9/16/22 Page 1 of 5
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774

FIVE YEAR FIRE SPRINKLER & STANDPIPE SYSTEM INSPECTION AGREEMENT DIR#1000000046
Date: September 16, 2022
Job Site: Santa Ana PD & Jail
60 Civic Center
Santa Ana, CA
To: Paul Bui
FACP: EST Phone: 714-240-2534
From: Lauren Reyes
949-415-9621
Email: [email protected]
Scope of Work:

HCI Systems Inc. is pleased to present this proposal to perform the Five Year Inspection on the fire sprinkler systems located at the above referenced address. The scope of work performed during these tests is in compliance with the new State Fire Marshal’s requirements, set forth in NFPA 25. The scope of work to be completed is as follows:

FIVE YEAR FIRE SPRINKLER & STANDPIPE SYSTEM TESTING
 A thorough physical inspection of sprinklers, valves, components, devices, piping, hangers, and assemblies. This includes a thorough walk through and visual inspection of the sprinkler heads in the building.  Main drain flow test.
 Perform required roof flow test of standpipe systems utilizing roof manifolds including dry standpipe and fire hose systems.
 Examination of sprinkler piping and seismic bracing above concealed spaces/ceilings for acceptable conditions in areas that are accessible. This includes a visual inspection above the ceiling tiles/hard lid to verify proper bracing (spot verification). Be advised that we will pop ceiling tiles in various locations as well as inspect above the hard lid areas where access hatches are available (spot verification).  Back flush of the fire department connections (FDC) serving the sprinkler systems. This will require locating and accessing the check valves for the FDC’s in order to perform a proper backflush of the Fire Department Connections.  Exercise and operation of all sectional and system control valves, and lubrication as needed.  Exercise and lubricate all hose valve outlets in stairwells.

City Council 22 – 22 5/2/2023

V 072622, Quoted 9/16/22 Page 2 of 5
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Inspection Pricing:
 Five Year Fire Sprinkler Inspection $ 21,840.00
Allotment for 5 Year Sprinkler Repairs Approximately $25,000.00 Special Instructions and Exclusions
 Under the new Title 19 (NFPA 25) standards is an effort to identify areas of corrosion throughout the sprinkler piping network – Therefore, if there are any signs of corrosion found during the flow tests, the following must be completed:

1. An internal inspection must be conducted to check for blockage at the Riser, cross mains and branch lines.

2. Water and deposit samples must be collected and sent to a lab to determine what type(s) of corrosion exist.

A report, with recommendations will be sent upon receipt of results. Pricing for this additional work will be provided if we find any signs of corrosion during our test.  Testing to be performed during regular HCI business hours.  Engineering to assist with auxiliary function testing and resetting of equipment (elevators, HVAC/mechanical equipment, etc.).
 Access to all areas are to be provided by the facilities engineering staff.  FDC must be accessible for work to be performed.
 Notifying inhabitants of the subject building(s) about the time and duration of testing is excluded and is the responsibility of others.
 Control of Electric power in the subject building during the testing is excluded and is the responsibility of others.
 Billing will take place upon completion of the test/inspection.  Inspection reports will be provided following each inspection. Quote to repair any deficiencies noted will be made in a separate proposal and submitted for approval.  This proposal excludes any and all fees related to re-test, AHJ permits, and background checks.  A facility representative must be present with HCI technicians when entering a residential space, for the purpose of fire/life safety testing only. No other in-house maintenance is to be performed during this period.  Any lack of access or delays to HCI is subsequent to a change order.  This proposal is based on current codes, as of the date listed on this proposal. Any code change that increases the frequency of items to be tested will be subsequent to a change order.  Lift rental is excluded, unless otherwise listed above in the pricing.  Unless expressly stated otherwise under the Scope of Work, the price quoted EXCLUDES any prevailing wage, special wage, and/or certified payroll.
 Pricing is based on all testing being performed on same day(s). If a return trip is required due to the customer, our published labor rates will apply. 72 hours (3 business days) is required to cancel a scheduled test or a 20% rescheduling fee will be applied.
 This proposal is valid for 30 days.

City Council 22 – 23 5/2/2023

V 072622, Quoted 9/16/22 Page 3 of 5
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Thank you for the opportunity to review your needs and offer this proposal. Please feel free to contact me if you have any questions or concerns at 949-415-9621.

Sincerely,
Lauren Reyes
HCI Systems Inc.

State Contractors License. C-10, C-16 #905493
Authorization to Proceed
If you would like us to proceed with the work included in this proposal, please sign below and return to HCI. Proposal is accepted in accordance with the attached Terms & Conditions.

Company Proposal Approved By (Signature)
Date Printed Name
PO# (if required) Title

City Council 22 – 24 5/2/2023

V 072622, Quoted 9/16/22 Page 4 of 5
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Terms & Conditions

1. TERM: The original term of this Agreement is 12 months, starting the month during which services commence. The term will automatically renew itself for an additional 0 months from the last day of the original term or any renewal term unless either you or we give the other at least 30 days prior written notice of its intention to cancel the Agreement at the end of the original term or at the end of the applicable renewal term.

2. Customer agrees:
 To provide free access to all areas of the facility covered by the fire alarm system. Where necessary, the customer will provide a person familiar with the facility who can gain access to all areas;  To provide the necessary equipment or lifts to reach inaccessible equipment and peripherals;  To supply suitable electrical service, and;
 That in the event of any emergency or system failure, reasonable safety precautions will be taken to protect life and property (including fire watch) during the period of time from when HCI is first notified of the emergency or failure and until such time that HCI notifies the customer that the system is operational or that the emergency has cleared.

3. This Agreement assumes the system covered is in maintainable condition. If repairs are found necessary upon inspection, a proposal for repair at an additional cost will be submitted for approval. Should such repair proposal be declined, those nonmaintainable items will be removed from the service agreement and the contract amount adjusted accordingly.

4. It is understood that repair, replacement and emergency service provisions apply only to the systems and equipment covered by this agreement and identified in the List of Covered Equipment. Repair or replacement of non-maintainable parts of the system such as, but not limited to, unit cabinets, insulating materials, electrical wiring, structural supports and other non-moving parts, is expressly excluded from this Agreement.

5. Emergency Service Exclusions. Emergency Service does not include travel expense, material and labor charges required as a result of accident, fire, storm, water, negligence, misuse, vandalism, power failure, source current fluctuations, lighting surges, any failure whatsoever resulting in whole or in part from a non-HCI installation, parts, service, attachments, or devices, or any other cause external to the equipment. Emergency Service will be provided in accordance with the description provided in Scope of Work. All services will be provided during normal business hours unless outlined elsewhere in this agreement.

6. If HCI tests a system that was not installed by HCI, HCI assumes no liability for that system either in whole or in part, and we expressly disclaim any liability or warranty, as such system or any of its components not installed by us. Any components that are installed by us or repaired by us are subject to the limited warranty given in the applicable repair agreement. It is not our duty to investigate or inquire into your legal obligations to any third party with respect to any system that we inspect, or any of its components not installed by us, and you agree to provide third party indemnification to HCI in the event of any third party claims arising out of testing under this agreement.

7. HCI may transfer or assign this Agreement to any other fire alarm company or financing institution without notice to you. You may not transfer this Agreement to someone else (including someone who purchases or leases or subleases your premises) unless we pre-approve the transfer in writing. We may use subcontractors to provide the services herein.

8. HCI will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the equipment by others, or caused by lightning, electrical storm, or other violent weather, or by any cause beyond HCI control except ordinary wear and tear.

9. The customer shall promptly notify HCI of any malfunction in the system(s) that comes to the customer’s attention. HCI will not be responsible for fire watch in the event of system failure.

10. It is mutually understood that in providing the services included in this Agreement, HCI is not an insurer and does not guarantee any damage to property or injury to person will not occur.

11. Multiyear Agreements: HCI shall modify the annual amount at the renewal date and the Agreement shall otherwise continue without change. However, the customer may notify HCI within 30 days of receipt of the modification of a decision to terminate or renegotiate the services being provided, rather than accept the new amount. Standard HCI labor rates for service repair and maintenance work are subject to change for the duration of this agreement.

12. Neither HCI or its representative shall be liable to the purchaser or anyone else for any liability, claim, loss, damage or expense of any kind, or for any direct, consequential, collateral or incidental damages, relative to or arising from or caused directly by the equipment, its installation, its service, or the use thereof or any deficiency, defect or inadequacy of the equipment. It is expressly agreed that purchaser’s exclusive remedy for any cause of action relating to the purchase, installation, service and/or use of equipment shall be for damages and HCI liability for any and all losses or damages resulting from any cause whatsoever, including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to which the claim is made or, at the election of HCI, the restoration or replacement or repair of such equipment.

13. Fire watch is excluded.

City Council 22 – 25 5/2/2023

V 072622, Quoted 9/16/22 Page 5 of 5
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774

14. Payments are due within 30 days of the submittal of an invoice. Overdue payments shall bear interest at the rate of 1–1/2% per month from the date on which payment is due until paid.

15. If any dispute arises out of this Agreement, such dispute shall be subject to Arbitration at the sole discretion of HCI. If any arbitration or action at law or equity shall be brought on account of any breach of this Agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, which shall be fixed by the tribunal or court and be made a part of any award or judgment rendered.

16. This Agreement shall be governed and construed in accordance with the laws of the state of California. Both parties agree to submit to the exclusive venue and jurisdiction of the courts of California for any enforcement of Arbitration awards and ensuing litigation pertaining to this Agreement.

17. The person executing this Agreement on behalf of Customer represents and warrants that they are authorized to do so by Customer to bind Customer to all terms herein. As a further inducement to HCI to enter into this Agreement, the person executing this Agreement agrees to guarantee the performance of Customer herein and to be personally liable for any payments not made by Customer.

18. The Parties acknowledge that this Agreement is the result of good faith negotiations between the Parties through their respective counsel. Any statute or rule of construction that any ambiguity is to be resolved against the Party that caused such an ambiguity shall not be employed in the interpretation or enforcement of this Agreement.

19. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. In addition, the Parties agree that facsimile and/or electronic signatures shall be acceptable to evidence the Parties’ assent to this Agreement and are deemed equivalent to original “wet ink” signatures for all purposes under this Agreement.

City Council 22 – 26 5/2/2023

V 082622.1, Quoted 9/16/22 Page 1 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774

FIRE / LIFE SAFETY TEST & INSPECT AGREEMENT
DIR#1000000046
Date: September 16, 2022
Job Site: Santa Ana PD & Jail
60 Civic Center Plaza
Santa Ana, CA 92702
To: Paul Bui
FACP: EST Phone: 714-240-2534
From: Lauren Reyes
949-415-9621
Email: [email protected]
Scope of Work:

HCI Systems Inc. is pleased to present this proposal to perform the Fire/Life Safety Inspections on the system located at the above referenced address. The scope of work and details of the inspections to be completed is as follows:

Semi-Annual Fire Alarm Test
HCI will perform the inspection on the Fire Alarm System two (2) times per year (50% of the building each time), audio/visuals, magnetic door holds, auxiliary functions (HVAC shutdown, elevator recall, etc.), and central station monitoring. HCI will test all waterflow and tamper switches during this inspection. HCI will test and inspect all fire alarm related devices and functions, per NFPA 72.

Quarterly & Annual Fire Sprinkler System Inspection
HCI will perform one (1) Annual Sprinkler Inspection to include the visual inspection of the sprinkler heads (in all areas accessible during the inspection) and the required main drain test. Be advised that waterflow and tamper switches will be tested one (1) time during the annual fire alarm inspection as noted above.

Annual Fire Hydrant Flow Test
HCI will perform the required annual flow test of the four (4) onsite fire hydrants as required per NFPA 25 (Section

7.2.2.5). HCI will attempt to locate road box to access the fire hydrant shut off valve. Hydrant will be opened fully and water flowed until all foreign material has cleared.

Annual Fire Pump Inspection
HCI will perform the annual fire pump inspection on one(1) fire pump. NFPA 25 requires that an annual flow test of the pump assembly be performed to determine its ability to continue to attain satisfactory performance at shutoff, rated flow, and peak loads. Annual flow tests allow for year-by-year comparisons of pump performance.

Semi-Annual Kitchen Hood Inspection
HCI will perform the required semi-annual inspections of the kitchen hood systems per NFPA 17A. This inspection will take place in intervals of 6 months. See table below for labor and material costs.

Type Price
Fusible Links (165 deg - 500 deg) $ 20.00 per link (to be determined during inspection) Rubber Blow-Off Caps $ 6.00 per cap (to be determined during inspection) Metal Blow-Off Caps $ 26.00 per cap (to be determined during inspection) City Council 22 – 27 5/2/2023

V 082622.1, Quoted 9/16/22 Page 2 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Following each inspection noted above will be a detailed report. Any deficiencies noted will be quoted on a separate proposal.

Annual Cost Summary
YEAR 1:
 Semi-Annual Fire Alarm Testing/Inspection $ 6,267.50/insp. ($12,535.00/year)  Semi-Annual Hood Inspection $ 1,125.00 for one inspection (other semi-annual inspection is included with one of the fire alarm inspections)  Annual Fire Sprinkler Inspection $ 4,320.00
 Annual Fire Hydrant Testing $ 540.00
 Annual Fire Pump Inspection $ 1,080.00
 TOTAL ANNUAL INVESTMENT is “Not to Exceed” $ 19,600.00 YEAR 2:
 Semi-Annual Fire Alarm Testing/Inspection $ 6,500.00/insp. ($13,000.00/year)  Semi-Annual Hood Inspection $ 1,150.00 for one inspection (other semi-annual inspection is included with one of the fire alarm inspections)  Annual Fire Sprinkler Inspection $ 4,500.00
 Annual Fire Hydrant Testing $ 575.00
 Annual Fire Pump Inspection $ 1,150.00
 TOTAL ANNUAL INVESTMENT is “Not to Exceed” $ 20,400.00 YEAR 3:
 Semi-Annual Fire Alarm Testing/Inspection $ 6,695.00 ($13,390.00/year)  Semi-Annual Hood Inspection $ 1,175.00 for one inspection (other semi-annual inspection is included with one of the fire alarm inspections)  Annual Fire Sprinkler Inspection $ 4,635.00
 Annual Fire Hydrant Testing $ 595.00
 Annual Fire Pump Inspection $ 1,185.00
 TOTAL ANNUAL INVESTMENT is “Not to Exceed” $ 20,980.00 Special Instructions and Exclusions
 Testing to be performed during regular HCI business hours.  Engineering to assist with auxiliary function testing and resetting of equipment (elevators, HVAC/mechanical equipment, etc.).
 Notifying inhabitants of the subject building(s) about the time and duration of testing is excluded and is the responsibility of others.
 Control of Electric power in the subject building during the testing is excluded and is the responsibility of others.
 Access to all areas are to be provided by the facilities engineering staff.  Billing will take place upon completion of the test/inspection.  Inspection reports will be provided following each inspection. Quote to repair any deficiencies noted will be made in a separate proposal and submitted for approval.

City Council 22 – 28 5/2/2023

V 082622.1, Quoted 9/16/22 Page 3 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
 This proposal excludes semi-annual visual inspections of all fire alarm control and/or peripheral equipment.  This proposal excludes sensitivity testing.
 This proposal excludes any and all fees related to re-test, AHJ permits, and background checks.  A facility representative must be present with HCI technicians when entering a residential space, for the purpose of fire/life safety testing only. No other in-house maintenance is to be performed during this period.  Any lack of access or delays to HCI is subsequent to a change order.  This proposal is based on current codes, as of the date listed on this proposal. Any code change that increases the frequency of items to be tested will be subsequent to a change order.  Devices provided to HCI via a previous test report or point list is what this quote is based on. Additional devices found will be subsequent to a change order.
 If facility preforms a remodel and additional devices are added, a new proposal will need to be generated.  Lift rental is excluded, unless otherwise listed above in the pricing.  Unless expressly stated otherwise under the Scope of Work, the price quoted EXCLUDES any prevailing wage, special wage, and/or certified payroll.
 Pricing is based on all testing being performed on same day(s). If a return trip is required due to the customer, standard HCI labor rates will apply. 72 hours (3 business days) is required to cancel a scheduled test or a 20% rescheduling fee will be applied.
 This proposal is valid for 30 days.

Service Labor Rates
HCI publishes an official Service Labor Rate Schedule at least once per year and they are subject to change. The published rate schedule includes current standard labor rates. Service calls will be charged at the current published rate made available at time of service.

Thank you for the opportunity to review your needs and offer this proposal. Please feel free to contact me if you have any questions or concerns at 949-415-9621.

Sincerely,
Lauren Reyes
HCI Systems Inc.

State Contractors License. C-10, C-16 #905493
City Council 22 – 29 5/2/2023

V 082622.1, Quoted 9/16/22 Page 4 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Authorization to Proceed
If you would like us to proceed with the work included in this proposal, please sign below and return to HCI. Proposal is accepted in accordance with the attached Terms & Conditions.

Company Proposal Approved By (Signature)
Date Printed Name
PO# (if required) Title

City Council 22 – 30 5/2/2023

V 082622.1, Quoted 9/16/22 Page 5 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774
Terms & Conditions

1. TERM: The original term of this Agreement is 12 months, starting the month during which services commence. The term will automatically renew itself for an additional 36 months from the last day of the original term or any renewal term unless either you or we give the other at least 30 days prior written notice of its intention to cancel the Agreement at the end of the original term or at the end of the applicable renewal term.

9. The customer shall promptly notify HCI of any malfunction in the system(s) that comes to the customer’s attention. HCI will not be responsible for fire watch in the event of system failure.

10. It is mutually understood that in providing the services included in this agreement, HCI is not an insurer and does not guarantee any damage to property or injury to person will not occur.

13. Fire watch is excluded.

City Council 22 – 31 5/2/2023

V 082622.1, Quoted 9/16/22 Page 6 of 6
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
Sacramento ● Pleasanton
Telephone: (877) 331-2084 • Fax: (909) 628-7774

14. Payments are due within 30 days of the submittal of an invoice. Overdue payments shall bear interest at the rate of 1–1/2% per month from the date on which payment is due until paid.

City Council 22 – 32 5/2/2023
Final Agreement with HCI Systems 2023(26948

7.1)(277696.1)
Final Audit Report 2023-04-21
Created: 2023-04-21
By: Susan Gorospe ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAANHeTHa8I_4UWGAjLSD9yO71iAGiWtt7N "Final Agreement with HCI Systems 2023(269487.1)(277696.1)" History
Document created by Susan Gorospe ([email protected]) 2023-04-21 - 3:25:00 PM GMT- IP address: 209.59.253.213 Document emailed to [email protected] for signature 2023-04-21 - 3:26:00 PM GMT
Email viewed by [email protected]
2023-04-21 - 3:29:27 PM GMT- IP address: 68.5.202.223
Signer [email protected] entered name at signing as Hany Dimitry 2023-04-21 - 3:33:08 PM GMT- IP address: 68.5.202.223
Document e-signed by Hany Dimitry ([email protected]) Signature Date: 2023-04-21 - 3:33:10 PM GMT - Time Source: server- IP address: 68.5.202.223 Agreement completed.
2023-04-21 - 3:33:10 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.

City Council 22 – 33 5/2/2023
CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Fire Alarm System Upgrade at Police Administration & Jail Buildings – Phase II (60 & 62 Civic Center Plaza)
PROJECT NEED:

The original buildings were constructed in the 1990s. The regulations for fire alarm systems require upgrades to current standards for compliance. Phase I of this project was completed in 2020 and included installation of the control panel at the Jail. This second Phase II is necessary to complete the project to include the replacement of the smoke detectors, manual pull stations, control relay, etc.

PROJECT TITLE:

Fire Alarm System Upgrade-Police
Administration & Jail BuildingsPhase II
PROJECT CATEGORY:

City & Park Facility Improvements
Building

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Police Department Administration Susan Gorospe, Police Department 21-Mar-2023 PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 730,000 - - - - - -
TOTAL 730,000 - - - - - -
SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 730,000 - - - - - -
TOTAL 730,000 - - - - - -
EXHIBIT 2
City Council 22 – 34 5/2/2023
Police Department
www.santa-ana.org/police
Item # {{item. number}}
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: FY 2023 Urban Areas Security Initiative (UASI) Funding Program

AGENDA TITLE
Adopt a Resolution for Fiscal Year 2023 Homeland Security Grant Program Funding in the Amount of $5,113,750

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager and/or the Chief of Police or their designee(s), to apply for the FY 2023 Urban Area Security Initiative grant and upon award, enter into an agreement with the State of California, California Governor’s Office of Emergency Services for the period September 1, 2023 through August 31, 2026, in the amount of $5,113,750, of which $835,000 is obligated to the Orange County Intelligence Assessment Center.

DISCUSSION
This program is approved by Congress through the Consolidated Appropriations Act of 2023, and implemented by the U.S. Department of Homeland Security (DHS) through the Federal Emergency Management Agency (FEMA), to assist high-density urban areas to strengthen the nation’s communities against potential terrorist attacks and other hazards. The Urban Area Security Initiative (UASI) program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance.

In 2006, DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. Since 2007, the City of Santa Ana has been designated the Urban Area Core City and leads the grant responsibility on odd year grant cycles for the entire urban area/county. The Santa Ana Police Department administers the grant within the operational area, and works with the County of Orange and other cities within the Urban Area, to determine current capabilities and needs, and work on established goals and objectives. The City of Santa Ana works in collaboration with the Urban Area to develop projects and implements complimentary strategies to respond to acts of terrorism.

City Council 23 – 1 5/2/2023
FY2023 Urban Areas Security Initiative (UASI) Funding Program May 2, 2023

Page 2 ends

Santa Ana City CouncilMay 2, 2023

Santa Ana City Council
May 2, 2023