6. Determine that the project is exempt from further review pursuant to the California Environmental Quality Act, as Categorical Exemption Environmental Review No.
ER-2024-8 was filed for Project 24-6907.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City's Pavement Management Program has been developed to identify the preventive maintenance requirements for the City's street network. The local street segments (Exhibits 1 and 2) recommended for the Fiscal Year 2023-24 Local Street Preventative Maintenance Capital Improvement Project have been identified as high priority for slurry seal and preventative maintenance. The recommended work consists of localized replacement of asphalt concrete pavement, cold mill, asphalt overlay, slurry seal, crack sealing, striping, signage, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will improve the City's overall pavement condition, enhance the visual appearance of the street, upgrade ride quality, drainage, and support compliance with Americans with Disabilities Act (ADA) standards.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 42 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of five bids were received. No bids were received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on March 6 and March 11, 2024. The project was also advertised in PlanetBids from March 13 through 27, 2024. Bids were received electronically via PlanetBids on March 27, 2024.
Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 All American Asphalt Corona, CA $2,558,098
2 Onyx Paving Company, Inc. Anaheim, CA $2,582,000
3 Hardy & Harper, Inc. Lake Forest, CA $2,641,000
4 R.J. Noble Company Corona, CA $2,649,003
5 Excel Paving Co. Long Beach, CA $2,917,384
City Council 19 – 2 5/21/2024
Local Street Preventative Maintenance FY 2023-24
May 21, 2024
A total of five bids were received and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $2,558,098 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to All American Asphalt for the base bid of $2,558,098 (Exhibit 4), excluding the alternate bid.
All American Asphalt has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Local Street Preventative Maintenance FY 2021-22 Project and the 17th Street Improvement Project.
A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,198,098.
Project Item Total
Construction Contract Bid Amount $2,558,098
Construction Administration, Inspection, Testing $ 384,000 Project Contingencies $ 256,000
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $3,198,098
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2024-8 was filed for Project 24-6907.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (24-6907) is $3,198,098, which includes construction, contract administration, inspection, testing, and authorized contingencies of $256,000. All funds are available for expenditure in Fiscal Year 2023-24 Capital Improvement Program (Exhibit 6). However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25. A proposed carry-over of unspent funds will be presented to the City Council for the FY 2024-25 portion of this contract.
The proposed contract enables Staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expect to utilize other available Public Works City Council 19 – 3 5/21/2024
Local Street Preventative Maintenance FY 2023-24
May 21, 2024
appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to the City Council with a project update and recommendations.
The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:
Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.
Description
Amount
Original Budget
2023-24
03217662-
66220
(24-6907)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$2,778,000
Appropriation Adjustment
2023-24
03217662-
66220
(24-6907)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$40,846
Budget Reallocation
2023-24
03217662-
66220
(From 22-6907
to 24-6907)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$86,170
2023-24
03217662-
66220
(From 23-6907
to 24-6907)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$293,082
Budget Reallocation Subtotal $420,098
Total $3,198,098
EXHIBIT(S)
1. Location Map
2. Construction Plans
3. Bid Proposal
4. Construction Contract
5. Cost Analysis
6. FY 2023-24 Capital Improvement Program Sheet
City Council 19 – 4 5/21/2024
Local Street Preventative Maintenance FY 2023-24
May 21, 2024
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 19 – 5 5/21/2024
PWA
SANTA ANA
PUBLIC WORKS AGENCY Project No. 24-6907:
Local Street Preventative Maintenance FY23-24
Neighborhood Location Map
EXHIBIT 1
City Council 19 – 6 5/21/2024
City Council 19 – 7 5/21/2024
City Council 19 – 8 5/21/2024
City Council 19 – 9 5/21/2024
City Council 19 – 10 5/21/2024
City Council 19 – 11 5/21/2024
City Council 19 – 12 5/21/2024
City Council 19 – 13 5/21/2024
City Council 19 – 14 5/21/2024
City Council 19 – 15 5/21/2024
City Council 19 – 16 5/21/2024
City Council 19 – 17 5/21/2024
City Council 19 – 18 5/21/2024
City Council 19 – 19 5/21/2024
City Council 19 – 20 5/21/2024
City Council 19 – 21 5/21/2024
City Council 19 – 22 5/21/2024
City Council 19 – 23 5/21/2024
City Council 19 – 24 5/21/2024
City Council 19 – 25 5/21/2024
City Council 19 – 26 5/21/2024
City Council 19 – 27 5/21/2024
City Council 19 – 28 5/21/2024
City Council 19 – 29 5/21/2024
City Council 19 – 30 5/21/2024
City Council 19 – 31 5/21/2024
City Council 19 – 32 5/21/2024
City Council 19 – 33 5/21/2024
EXHIBIT 5
Construction Contract 2,558,098.00 $
Contract Administration, Inspection and Testing 384,000.00 $ Contingencies 256,000.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 3,198,098.00 $
CONSTRUCTION OF PROJECT NO. 24-6907: Local Street Preventative Maintenance FY23-24
COST ANALYSIS
City Council 19 – 34 5/21/2024
CITY OF SANTA ANA FY 23/24CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
This project provides for the application of crack seal and slurry seal to various streets citywide with minor coldmill and removal and replacement of asphalt concrete pavement.
PROJECT NEED:
The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The application of a surface seal to streets with improvements constructed in the last 10 years will ensure a high level of service for years to come.
PROJECT TITLE:
Local Street Preventative
Maintenance
PROJECT CATEGORY:
Street Improvements
Local Street Resurfacing
LOCATION MAP
CITYWIDE
AGENCY: DIVISION: CONTACT:
Public Works CIP Engineering Jason Gabriel, Principal Civil Engineer PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 2,778,000 2,778,000 2,778,000 2,778,000 2,778,000 2,778,000 2,778,000 Engineering 222,000 222,000 222,000 222,000 222,000 222,000 222,000 TOTAL 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 M2 LOCAL FAIRSHARE 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 TOTAL 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 City Council 19 – 35
27 5/21/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Neighborhood Safety Streetlights – Phase II
AGENDA TITLE
Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $823,888 for the ARPA Neighborhood Streetlights – Phase II Project with an Estimated Project Delivery Cost of $1,071,054 (Project No. 22-1388) (Non-General Fund) (Revive Santa Ana)
RECOMMENDED ACTION
1. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $823,888, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the ARPA Neighborhood Streetlights – Phase II Project, for a term beginning May 21, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,071,054, which includes $823,888 for the construction contract, $123,583 for contract administration, inspection, and testing, and a $123,583 project contingency for unanticipated or unforeseen work.
3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-28 was filed for Project 22-1388.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA) was allocated American Rescue Plan Act (ARPA) funding to enhance pedestrian safety, accessibility, and mobility within qualified census tract areas. This project meets the intent of the funding source by enhancing street lighting in an under-lit area, providing a safer and welcoming environment for pedestrians and motorists. Once the street lighting improvements are completed, it will increase traffic safety for pedestrians and all road users in the French Park and French Court neighborhoods. The scope of work includes installation of new street light poles including foundation, luminaire arm, Light Emitting Diode (LED) luminaire, wiring, City Council 20 – 1 5/21/2024
Neighborhood Safety Streetlights – Phase II
May 21, 2024
electrical meter pedestals, and any other work required to provide the intended operation.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 41 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of six bids were received. One bid was received from a Santa Ana contractor.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 29 and March 7, 2024. The project was also advertised in PlanetBids from February 28 through March 21, 2024. Bids were received electronically via PlanetBids on March 21, 2024. No bid protest was submitted by any of the bidders during the bid protest period.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Elecnor Belco Electric, Inc. Chino, CA $823,888
2 Industrial Pro Power Services, Inc. Santa Ana, CA $874,425 3 International Line Builders, Inc. Corona, CA $980,230 4 Comet Electric, Inc. Chatsworth, CA $1,037,525
5 Metrocell Construction, Inc. Ontario, CA $1,038,310
6 Universal Wiring La Habra, CA $1,266,796
A total of six bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive base bid in the amount of $823,888 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. (Exhibit 4).
Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Main Street at 15th Street Traffic Signal Installation project. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.
City Council 20 – 2 5/21/2024
Neighborhood Safety Streetlights – Phase II
May 21, 2024
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following:
construction management; implementation of the labor requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,071,054.
Project Item Total
Construction Contract Bid Amount $823,888
Construction Administration, Inspection, Testing $123,583 Project Contingencies $123,583
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,071,054
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2024-28 was filed for project 22-1388.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1388) is $1,071,054.40, which includes construction, contract administration, inspection, testing, and authorized contingencies of $123,583.20. All funds are available for expenditure in Fiscal Year 2023-24 Capital Improvement Program. However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25. A proposed carry-over of unspent funds will be presented to the City Council for the FY 2024-25 portion of this contract.
The proposed contract enables staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then staff will return to the City Council with a project update and recommendations.
The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:
City Council 20 – 3 5/21/2024
Neighborhood Safety Streetlights – Phase II
May 21, 2024
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit, Account
No. Description Amount
EXISTING BUDGET
2023-24 18117013-66220
(22-1388)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Improvements
Other Than Building $1,071,054
TOTAL $1,071,054
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. FY 2023-24 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 20 – 4 5/21/2024
PWA
SANTA ANA
PUBLIC WORKS AGENCY Project No. 22-1388:
ARPA Neighborhood Streetlights – Phase II
Neighborhood Location Map
EXHIBIT 1
City Council 20 – 5 5/21/2024
City Council 20 – 6 5/21/2024
City Council 20 – 7 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS – PHASE II
This CONSTRUCTION CONTRACT is made and entered into this 21st day of May, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the ARPA Neighborhood Streetlights – Phase II (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
Notice Inviting Bids
Information to Bidders
Bid Proposal
Bid Bond
Contract Form
Contract Bonds
General Provisions
Special Provisions
Technical Provisions and Project Plans
Community Workforce Agreement
Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Hundred Twenty-Three Thousand Eight Hundred Eighty-Eight Dollars and No Cents ($823,888), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “B,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
EXHIBIT 3
City Council 20 – 8 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS – PHASE II
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “B”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
City Council 20 – 9 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS – PHASE II
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL PROVISIONS.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S.
Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “A” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
City Council 20 – 10 5/21/2024
City Council 20 – 11 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
1 of 10
EXHIBIT A
FEDERAL CONTRACT PROVISIONS
During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit A. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows:
(i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments City Council 20 – 12 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
2 of 10
under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract.
The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
City Council 20 – 13 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
3 of 10
The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) Davis-Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) Copeland Antti-Kickback Act: Not applicable to this Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
City Council 20 – 14 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
4 of 10
(iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) Rights to Inventions Made Under a Contract or Agreement:
Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) Debarment and Suspension:
(i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract.
City Council 20 – 15 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
5 of 10
(i) Appendix II to Part 200 (I) Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment 1 and incorporated herein by this reference.
(j) Appendix II to Part 200 (J) §200.323 Procurement of Recovered Materials:
(i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPAs Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(k) Appendix II to Part 200 (K) §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and City Council 20 – 16 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
6 of 10
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) §200.322 Domestic Preferences for Procurement:
(i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) Manufactured products means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasurys regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
City Council 20 – 17 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
7 of 10
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasurys implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasurys implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasurys implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
City Council 20 – 18 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
8 of 10
(d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
City Council 20 – 19 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
9 of 10
(i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) CONTRACTOR acknowledges that Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP), seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasurys directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTORs successors, transferees and assignees for the period in which such assistance is provided.
(v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTORs subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with Limited English proficiency in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial City Council 20 – 20 5/21/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1388
ARPA NEIGHBORHOOD STREETLIGHTS PHASE II
10 of 10
assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property.
(vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements.
(viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI.
(ix) CONTRACTOR must provide documentation of an administrative agencys or courts findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
City Council 20 – 21 5/21/2024
EXHIBIT B
City Council 20 – 22 5/21/2024
City Council 20 – 23 5/21/2024
EXHIBIT 4
Construction Contract 823,888.00 $
Contract Administration, Inspection and Testing 123,583.20 $ Contingencies 123,583.20 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,071,054.40
CONSTRUCTION OF PROJECT NO. 22-1388: ARPA Neighborhood Streetlights - Phase II
COST ANALYSIS
City Council 20 – 24 5/21/2024
City Council 20 – 25 5/21/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Waste Recovery and Recycling Tracking Software
AGENDA TITLE
Agreement with Green Halo Systems for Waste Recovery and Recycling Tracking Software (Specification No. 24-062) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Green Halo Systems to provide waste recovery and recycling tracking software in the amount of $79,872, plus a contingency amount of $20,000, for a total amount not to exceed $99,872, for a six-year term beginning June 1, 2024 and expiring May 31, 2030 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
In compliance with the California Green Building Standards Code (CalGreen), construction and demolition (C&D) projects such as new residential and non-residential building construction, demolition, and certain additions and alteration projects are required to recycle or salvage for reuse a minimum 65% of the nonhazardous C&D debris generated from the project. Each city and county in the state is required to report on how CalGreen is implemented in its jurisdiction through the CA Assembly Bill 939 Electronic Annual Report that is submitted to CalRecycle.
Software Procurement
Santa Ana City Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the waste recovery and recycling tracking software by Green Halo Systems currently offers a one-of-a-kind software that allows contractors, recyclers, and the City to comply with local and state construction and demolition recycling reporting requirements.
Green Halo Systems developed its new platform, WasteTracking.com, specifically to provide municipalities and government agencies with a customizable waste tracking system in order to assist jurisdictions with CalRecycle reporting requirements. Staff recommends awarding an agreement with Green Halo Systems for a six-year term City Council 21 – 1 5/21/2024
Waste Recovery and Recycling Tracking Software Agreement May 21, 2024
beginning June 1, 2024 and ending May 31, 2030 (Exhibit 1).
FISCAL IMPACT
Funding is available in FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.
Fiscal
Year
Accounting
Unit –
Account #
Fund Description Accounting Unit,
Account Description Amount
2023-24 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$34,604
2024-25 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$8,604
2025-26 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$12,312
2026-27 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$12,312
2027-28 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$16,020
2028-29 06917640-
66511
Refuse Collection
Service
Refuse Collection
Service, Computer
Software Subscription
$16,020
TOTAL $99,872
EXHIBIT(S)
1. Agreement with Green Halo Systems
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 21 – 2 5/21/2024
1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
GREEN HALO SYSTEMS FOR WASTE RECOVERY AND
RECYCLING TRACKING SOFTWARE
THIS AGREEMENT is made and entered into on this 21st day of May, 2024 by and between Green Halo Systems (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a consultant having special skill and knowledge to provide waste recovery and recycling tracking software.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement is $79,872, plus a contingency amount of $20,000, for a total not to exceed amount of $99,872.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
EXHIBIT 1
City Council 21 – 3 5/21/2024
2 3. TERM
This Agreement shall commence on June 1, 2024 for a six (6) year term, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.
City Council 21 – 4 5/21/2024
3 MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, AL and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.
City Council 21 – 5 5/21/2024
4 Ten (10) days prior written notice shall be provided to City for policy cancellation or nonrenewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Christy Kindig, Enterprise Program Manager, 20 Civic Center Plaza M-21, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. 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, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach City Council 21 – 6 5/21/2024
5 of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
City Council 21 – 7 5/21/2024
6 10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
City Council 21 – 8 5/21/2024
7 14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and City Council 21 – 9 5/21/2024
8 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
Green Halo Systems, Inc
Attn: Legal Counsel
2431 Zanker Road
San Jose, CA 95131
City Council 21 – 10 5/21/2024
City Council 21 – 11 5/21/2024
EXHIBIT A
City Council 21 – 12 5/21/2024
1 | P a g e
Proposal for city of Santa Ana 3/22/2024
Christy Kindig
Enterprise Manager
City of Santa Ana
20 Civic Center Plaza, M-21
Santa Ana, CA 92701
P: (714) 647-5088 | Email: [email protected]
Web Site: https://www.santa-ana.org/
WasteTracking.com powered by Green Halo Systems
2431 Zanker Rd
San Jose, CA 95131
Office: 1. 888. 525. 1301
Fax: 1. 408. 713. 6070
Email: [email protected]
City Council 21 – 13 5/21/2024
2 | P a g e
Green Halo Systems is proud to introduce its new platform WasteTracking.com. WasteTracking.com will provide municipalities and government agencies with a completely customizable waste tracking system that will give cities and government agencies all the functions and features Green Halo plus additional advanced next generation tracking features that further enhance a city’s ability to track, monitor and report waste flows from construction projects throughout their jurisdictions. This cloud based waste diversion and tracking system for construction and demolition debris, will include the following:
Current System Functionality:
Current City Tracker features include the following functions:
• Completely paperless system
• Set custom diversion requirements for your City
• Monitor waste management plans generated by contractors • Track waste and recycling activity on all projects
• Real time City diversion rates and information
• View real time Carbon Footprint reduction from your City’s recycling program • Use Report generator for creating comprehensive reports & Statistics • View your City’s recycling trends by material, project type, construction type and more • Export Data to Excel & Other Formats
• Organize all your construction projects and their recycling receipts in one place • Track Hauler Activity & Facilities Used
• Integrate into your permitting software Multi-User Interface • Data Share Interface
• Anytime anywhere mobile access from any mobile device • No Installations, No Downloads
• Automatic Back Ups & Upgrades Tech Support &Training included City Council 21 – 14 5/21/2024
3 | P a g e
City Tracker System Features:
WasteTracking.com next generation tracking system includes all of the following features and your own City Tracker web site (Exhibit A):
• Exclusive WasteTracking.com portal that acts as your city’s standalone waste tracking portal with customizable graphics and color schemes to match your city’s look and feel. • Unique city domain, MyCityName.WasteTracking.com that serves as a single point of contact for clients and city officials.
• Real Time Municipal Transparency Display that showcases your city’s Recycling, Carbon Footprint and Material statistic totals.
• API Connectivity that connects directly into your permitting software to expedite the waste management plan process while streamlining review and permit close out. • Scale House Integration connects contractors and recycling facilities to the city’s WasteTracking.com platform eliminating the need for paper tickets and simplifying the reporting process. (integration fees apply per facility). • City Track Mobile App connects contractors and their subcontractors to their projects via their mobile devices allowing for clear communication of the projects waste management requirements and easy one touch easy upload of recycling tickets. A completely paperless reporting system.
• Smart City = Smart Waste – cities can quickly and easily implement waste tracking programs for tracking any waste stream, from construction to school systems, from office buildings to restaurants you can implement a recycling program and track any waste stream with a click of your mouse.
City Council 21 – 15 5/21/2024
4 | P a g e
WasteTracking.com City Tracker Portal Package
Showcase your city’s recycling efforts. The City Tracker Portal has all the same waste tracking features as the standard Project Tracker but in addition includes a customizable standalone “Portal” to showcase your city’s recycling statistics and create a single point of communication for all contractors, haulers and city officials to interact. The City Tracking Portal includes:
Unique City Domain:
SantaAna.WasteTracking.com
City Tracker Portal (see exhibit below): One Time Set Up Fee $4,000 • City Tracker waste tracking portal. Allows contractors to create waste management plans through your custom city portal
• Display city overall recycling statistics and information, carbon footprint savings and materials recycled for all city projects combined
• Ticket Upload Function allows contractors, subcontractors and haulers to direct upload recycling information
• City Stats in to review detailed recycling reports on projects • Public Face Page that allows the public to view basic recycling and carbon footprint stats along with Social Media interaction
• Customization: Main picture control and color scheme
Monthly Hosting Year 1 - 6: $99 per month / $1,188 per year Web site hosting and maintenance. Includes tech support and training.
Access Fee Years 1 and 2: $618 per month / $7,416 per year ($2 per 1,000 residents) Based on residential population for Santa Ana, CA of 309,000.
Access Fee Years 3 and 4: $927 per month / $11,124 per year ($3 per 1,000 residents) Based on residential population for Santa Ana, CA of 309,000.
Access Fee Years 5 and 6: $1,236 per month / $14,832 per year ($4 per 1,000 residents) Based on residential population for Santa Ana, CA of 309,000.
System Options:
API Permitting Software Integration: $2,000 one-time setup fee (optional) City Council 21 – 16 5/21/2024
5 | P a g e
Technical Specifications
Records Retention
WasteTracking.com is deployed on a Linux (or Mac OS)/Apache/MySql/PHP redundant (at least two locations in separate counties) on a dedicated server infrastructure.
All data is stored in at least two secure locations. Sensitive data such as passwords are additionally encrypted on the server.
Any data lost on one system, shall be recoverable within one business day.
Each server has external hard drives attached to the system with remote power switching to the external drives. When the backup takes place, the hard drives attached to the server that is powered up. We then create an incremental backup of the entire drive. Once the backup is complete, that hard drive is then powered down for additional safety. The external hard drives are bootable allowing for fast recovery.
All data transactions will occur over a 256-bit SSL encrypted link.
Access to Data
GHS provides the user with the ability to download standard and customized reports in .csv format for use in other software. These features allow for: data sorting, research and tracking on materials recycled, salvaged & disposed, construction types, building types, recycling facilities, contractors and much more, all available at any time.
Technical Support
Technical support is free to the client during normal business hours Monday thru Friday.
Training
Training is provided free of charge to at least one designated staff member.
Our training staff is available and able to provide training to multiple jurisdictions and users simultaneously.
We will also provide free online training tutorials.
Timing
The system can be up and running within 7 days of signing this agreement.
City Council 21 – 17 5/21/2024
6 | P a g e
Summary of Charges
Required Charges
WasteTracking.com City Tracker Template (Year 1)
Waste tracking system and city template
$4,000 one-time setup fee
Hosting (Year 1)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 1)
Monthly city fee for servicing its residents (309,000 residents) $7,416/year ($618/month)
($2 per 1,000 residents)
Total Year 1 $12,604
Hosting (Year 2)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 2)
Monthly city fee for servicing its residents (309,000 residents) $7,416/year ($618/month)
($2 per 1,000 residents)
Total Year 2 $8,604
Hosting (Year 3)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 3)
Monthly city fee for servicing its residents (309,000 residents) $11,124/year ($927/month)
($3 per 1,000 residents)
Total Year 3 $12,312
Hosting (Year 4)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 4)
Monthly city fee for servicing its residents (309,000 residents) $11,124/year ($927/month)
($3 per 1,000 residents)
Total Year 4 $12,312
Hosting (Year 5)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 5)
Monthly city fee for servicing its residents (309,000 residents) $14,832/year ($1,236/month)
($4 per 1,000 residents)
Total Year 5 $16,020
Hosting (Year 6)
Hosting and maintenance
$1,188/year ($99/month)
By Population Charge (Year 6)
Monthly city fee for servicing its residents (309,000 residents) $14,832/year ($1,236/month)
($4 per 1,000 residents)
Total Year 6 $16,020
API Connection to Permitting Software
Allows cities to integrate waste tracking into permitting software
$2,000 one-time (optional)
Required Charges – Optional Charges
City Council 21 – 18 5/21/2024
7 | P a g e
“Exhibit A”
Your City Tracker Portal Includes:
City Council 21 – 19 5/21/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: On-Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services
AGENDA TITLE
Agreements with Mike Prlich & Sons, Inc., J&L Constructors, Inc., and PALP, Inc. dba Excel Paving Company for On-Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Mike Prlich & Sons, Inc., J&L Constructors, Inc., and PALP, Inc. dba Excel Paving Company to provide on-call emergency asphalt concrete, concrete, and storm drain repair services for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning May 21, 2024 and expiring on May 20, 2027, with the provision for one two-year extension (Core Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On January 9, 2024, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-182 to select three consultants to provide on-call emergency asphalt concrete, concrete, and storm drain repair services on an as-needed, Task-Order basis (Exhibit 1). The City has staff to perform general maintenance but contractors are required for more extensive repairs. These services will provide the City capacity to perform emergency roadway and storm drain repair water services in the event of system failures.
The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on January 30, 2024. Six responsive proposals were received and evaluated by a selection committee composed of PWA staff and, based on criteria outlined in the RFP, the top three contractors are recommended for award. The following table summarizes the responding firms and their rankings:
Firm Location Rank
Mike Prlich & Sons, Inc. Baldwin Park, CA 1
J&L Constructors, Inc. Huntington Beach, CA 2
City Council 22 – 1 5/21/2024
On-Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services May 21, 2024
Firm Location Rank
Excel Paving Company Long Beach, CA 3
Based upon the scope of work and selection criteria outlined in RFP 23-182, staff recommends awarding on-call agreements to the top three responding construction firms, allowing the firms to bid on future engineering task orders (Exhibits 2-4). Mike Prlich & Sons, Inc., J&L Constructors, Inc., and Excel Paving Company submitted proposals illustrating their extensive industry experience and ability to assist City staff with emergency repair services. Their proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. Their rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the selected proposals were determined to provide the best value for the City.
FISCAL IMPACT
There is no fiscal impact at this time. The Public Works Agency will follow the established on-call services process during the contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on-call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $3,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.
Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services-Professional accounts:
Division Account
City Facilities License Agreement 01117605-62300
Construction Engineering 01117611-62300
Traffic and Transportation Engineering 01117620-62300
Traffic Signal Maintenance 02917620-62300
Capital Recovery Charges 05417647-62300
Sanitary Connection Projects 05517660-62300
Sanitary Sewer Service 05617640-62300
Federal Clean Water Protection Enterprise 05717640-62300 Residential Street Improvement 05817660-62300
Water Enterprise 06017645-62300
City Council 22 – 2 5/21/2024
On-Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services May 21, 2024
Division Account
Water Utility Capital Projects 06617647-66301
CIP Engineering 08617613-62300
Administrative Services 10117601-62300
Development Engineering 10117605-62300
Other Project Funding Not Listed Various
Street Lights Maintenance 01117630-62300
Roadway Marking/Signs 01117625-62300
Graffiti Abatement Program 01117642-62300
Street Trees 01117643-62300
Sidewalks 01117626-62300
Environment/Sanitation 06817640-62300
Roadway Cleaning 06817641-62300
Median Landscaping 02917635-62300
Roadway Maintenance 02917660-62300
PWA Right of Way 01117622-62300
Parking Enterprise Fund 02718132-62300
CDBG Parking Lot Renovation Grant 13518783-66220
Downtown Improvements Initiative 41818834-62300
EXHIBIT(S)
1. RFP #23-182: On-Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services
2. Agreement with Mike Prlich & Sons, Inc.
3. Agreement with J&L Constructors, Inc.
4. Agreement with Excel Paving Company
Submitted By: Nabil Saba, P. E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 22 – 3 5/21/2024
EXHIBIT 1
City Council 22 – 4 5/21/2024
City of Santa Ana RFP 23-182
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On-Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services.
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than January 30, 2024 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.
Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following:
“SEALED PROPOSAL FOR
ON-CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN
REPAIR SERVICES
RFP NO. 23-182
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Edward Torres
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the 1st floor of Ross Annex across from the Public Works Counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.
City Council 22 – 5 5/21/2024
City of Santa Ana RFP 23-182
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. PAYMENT INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. FEE PROPOSAL
3. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 11
A. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: CITY OF SANTA ANA STANDARD PLANS
ATTACHMENT 5: FEE SCHEDULE (UNDER SEPARATE SEALED COVER)
City Council 22 – 6 5/21/2024
City of Santa Ana RFP 23-182
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
The City of Santa Ana is seeking qualified construction companies to be ON-CALL using a Task Order process to provide on-call and/or emergency services to augment the City’s capacity to restore pavement, sidewalk, curb and gutter, grading, underground, and/or storm drain systems and structures in the event of failures or other urgent tasks within the public right of way. The City intends to enter into on-call agreements with three (3) selected contractors in the total aggregate amount not to exceed $3,000,000. The City will solicit quotes from the selected contractors for work on an as-needed, Task-Order basis.
Any approved Task Orders will be based upon each contractor’s schedule of hourly billing rates provided with their proposal submittal and on time and materials (or lump sum basis) as appropriate per Task Order issued. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each firm, as determined by the City’s needs. Attachment 1 includes a detailed Scope of Work in this RFP’s Appendix
Number of Proposals and Signature:
Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company.
The Statement of Qualifications shall be limited to a maximum of (10) double-sided pages (excluding front and back covers, section dividers and attachments such as resumes and forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.
Proposal Evaluation and Rating:
The criteria for evaluating the RFP submitted will take the following items into consideration:
Firm/Team Experience 30%
Understanding of Need 30%
Relevant Project Experience 30%
References 10%
The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City Council 22 – 7 5/21/2024
City of Santa Ana RFP 23-182
City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.
Project Funding:
Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request.
Term of Contract Agreement:
The City desires to enter into a contract with the selected companies for an initial three (3) year term with a City option for one (1) two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.
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II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.
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F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a “New Vendor Checklist”, which outlines insurance requirements.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.
H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.” I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.
J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.
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III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter:
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement:
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.
c. Firm and Team Experience:
Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work. The project manager/principal agent shall be the primary contact person to represent your firm and include any relevant on-call or emergency contracts with other local agencies. d. Understanding of Need:
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Proposal shall include an outline which demonstrates the firm’s understanding of the scope of services and relevant experience performing relative tasks.
This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience:
Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, client name along with a person to contact and their telephone number/email address.
f. References:
Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.
2. FEE PROPOSAL:
The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work, and as outlined in Attachment 5: Fee Schedule.
Fees are NOT included as part of evaluation criteria. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.
3. CERTIFICATIONS:
The following forms, included in Attachment 3: Certifications shall be signed and included as part of the proposal submittal package:
Non-Collusion Affidavit
Non-Lobbying Certification
Non-Discrimination Certification
Contractor’s Licensing and Registration Statement
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Prevailing Wage Compliance and Monitoring Statement
Ownership Affidavit
List of Sub-Contractors (If Included)
References
Statement Regarding Apprenticeship Requirements
Statement Regarding “Anti-Kickback” Requirements
Public Contract Code Section 10162 Questionnaire
Statement Regarding Community Workforce Agreement (CWA) Requirements
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may or may not interview the top-ranking proposers. The City will recommend award of contracts to the proposers who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will recommend award contracts to the three top-ranking proposers that will provide the best quality and value to the City.
B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. “Proposer” will hereinafter be referred to as “Contractor” in the standard agreement. The term of the agreement will begin after the agreement is full executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved.
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VI. IMPLEMENTATION
A. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.
For “On-Call” contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as-needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order.
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL EMERGENCY
ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES
RFP NO. 23-182
INTRODUCTION/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, underground, street lighting and/or electrical conduit installation, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) 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. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I “Nature of Work.” The purpose of this request for proposals is to obtain qualified construction firms to augment the City’s capacity to perform emergency roadway and storm drain repair water service in the event of system failures.
DESCRIPTION OF WORK
On an on-call, as needed basis, the selected firm(s) may be asked to provide professional services on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.
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, catch basins, removing and/or replacing pipe and related appurtenances, street lighting, electrical conduits, wiring, and pavement markings, 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.” City Council 22 – 15 5/21/2024
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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 “Nature of Work.” Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way 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 & Gutter (Type A-2-8) 100 LF
6 Signing & Srtiping 1 LS
7 Traffic Control Work 1 LS
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 & Gutter (Type A-2-8) 100 LF
5 Furnish and Install #6 Pullbox 4 EA
6 Adjust Manhole to Furnished 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 (Caltrans) 1 EA
11 Remove and Replace Chain Link R/W Fence 50 LF
12 Concrete Barrier Type 83 (Caltrans) 50 LF
13 Traffic Control Work 1 LS
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Sample Task Order C – Stormdrain
Item Description Qty Unit Unit Price Total
1 Unclassified Excavation 550 CY
2 AC Pavement 130 TN
3 Remove & Replace 18” Corrugated Metal Pipe (CMP) 75 LF 4 Remove & Replace 18” Reinforced Concrete Pipe (RCP) 75 LF 5 Remove & Replace 30” Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type “B”, W=10’) 1 EA
7 Traffic Control Work 1 LS
Sample Task Order D – Street Lighting
Description Qty Unit Unit Price Total
Furnish and Install Streetlight Pole 10 EA
Remove Existing Wooden Pole 5 EA
Remove Existing Steel Pole 5 EA
Install Electrical Meter Pedestal 1 EA
Install 2” PVC Conduit 4000 LF
Install No. 5 Pull Box 3 EA
Pothole Street Light Pole Location 10 EA
Traffic Control Work 1 LS
SURETY BOND
For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety “Payment” and “Performance” bonds in the amounts specified by the “Greenbook” and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved oncall or emergency Task Order which will be based upon the City’s Standard Plans, As-Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. 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. The deposit amount will be determined based upon the surface drainage and street improvement plans.
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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.
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 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.
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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 DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B, C, & D):
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 the “Greenbook” Standard Specifications for Public Works Construction, 2018 Edition.
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.
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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, 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.
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Item No. 5 - PCC Curb & Gutter (A-2-8)
The work under this item consists of grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) 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.
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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.
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 saw-cutting, removing, grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted 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 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. The area included in this bid item shall be measured from the gutter lip to the back of walk, from BCR to ECR.
Item No. 4 - PCC Curb & Gutter (A-2-8)
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The work under this item consists of grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) 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. 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 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.
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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.
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
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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.
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.
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Sample Task Order C 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 – Remove and Replace 18” Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18” Corrugated Metal Pipe (CMP) 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 18” Corrugated Metal Pipe (CMP) 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. 4 – Remove and Replace 18” Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18” 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.
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Payment for Remove and Replace 18” 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. 5 – 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. 6- 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. 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.
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Sample Task Order D Items of Work
Item No. 1 – Furnish and Install Streetlight Pole
This work consists of furnishing and installing Ameron 4B127 Street Light Pole including foundation, 2” PVC (stub out) conduits, Grout cap, 8’ Clamp-On Arm Assembly, Overhead Pin & Insulator, LED Luminaire, 8-8 Bard Duplex Aluminum Conductor wiring, and any other work required to provide the intended operation at the locations shown on the project plans per City of Santa Ana Special Provisions and Standard Plans 1126H-3 and 1126H-2 and 1104.
The unit price for each Street Light Pole shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, landscape repair, turf repair, hardscape repair, irrigation repair, root shaving, tree trimming, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 2 – Remove Existing Wooden Pole
This work consists of removing and discarding Street Light Pole including luminaire arm, existing overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer.
The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore.
Item No. 3 – Remove Existing Steel Pole
This work consists of removing and discarding Street Light Pole including foundation, luminaire arm, overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer.
The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore.
Item No. 4 – Install Electrical Meter Pedestal
This work consists of furnishing and installing Electrical Meter Pedestal including foundation, circuit breakers, photocell, contactors, conduits, wiring, SCE coordination, electrical permit and any other work required to provide the intended operation at the location required per City of Santa Ana Special Provisions, Standard Plan 1126M and any approved Southern California Edison Design Plans.
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The unit price for each Install Electrical Meter Pedestal shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 5 – Install 2” PVC Conduit
This work consists of furnishing and installing Polyvinylchloride (PVC) street lighting conduit including pull tape, ground wire, fittings, duct seal, utility potholing, concrete or asphalt restoration and appurtenances complete and in place, of the size indicated on the plans.
The unit price bid per linear foot of PVC Conduit shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and/or trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement, striping and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 6 – Install No. 5 Pull Box
This work consists of furnishing and installing and/or replacing pull box including Concrete Lid, the removal and/or modification of any interfering portions of existing pull box, conduit, PCC, concrete and asphalt restoration, as indicated on plans and directed by the Engineer.
The unit price for each Pull Box shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 7 – Pothole Street Light Pole Location
Payment for Pothole Street Light Pole Location shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 8 – Traffic Control Work
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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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.
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Appendix
ATTACHMENT 2
STANDARD AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL EMERGENCY
ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES
RFP NO. 23-182
THIS AGREEMENT is made and entered into on this day of , 2024 by and between ___________________________________________________________, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
On-Call Emergency services for a variety of projects on an “on-call” or “task order” basis.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
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1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $3,000,000 during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City has the right and shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1), two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
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Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
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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 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.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
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 Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the City Council 22 – 34 5/21/2024
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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 Entity.
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 Entity.
Verification of Coverage
Contractor shall furnish the Entity 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 Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code City Council 22 – 35 5/21/2024
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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
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
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Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void.
Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
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a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. 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:
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City of Santa Ana RFP 23-182
Page A2 - 9
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:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
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.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. 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 Tom Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
(name)
(title)
City Council 22 – 40 5/21/2024
EXHIBIT A
SCOPE OF SERVICES
City Council 22 – 41 5/21/2024
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 22 – 42 5/21/2024
Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
City of Santa Ana RFP 23-182
Page A3-1
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 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, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false 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 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 the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal
City Council 22 – 43 5/21/2024
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
City of Santa Ana RFP 23-182
Page A3-2
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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.
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 sub recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
City Council 22 – 44 5/21/2024
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
City of Santa Ana RFP 23-182
Page A3-3
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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
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.
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 City Council 22 – 45 5/21/2024
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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 sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
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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:
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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.
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.
The undersigned certifies that the foregoing is true and correct.
Name of Firm
Signature of BIDDER
Title
(if an individual, so state)
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OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF SANTA ANA )
, being duly sworn, deposes and says:
INDIVIDUAL That he/she is the party making the foregoing proposal:
PARTNERSHIP That he/she is a member of the co-partnership firm designated as:
and who has been and is duly vested with the authority to make and execute instruments for the copartnership by:
who constitute the other members of the co-partnership. CORPORATION That he is of:
a corporation which is making the foregoing proposal:
JOINT VENTURE That he is of:
one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are:
that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person.
Signature of Bidder
Subscribed and sworn to before me this day of 20
Signature of officer Administering Oath (Notary Public) City Council 22 – 49 5/21/2024
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LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the 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).
BIDDER 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 $
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REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER 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, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
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ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or 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.
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
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STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.
Signed:
Title:
Firm:
Date:
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STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti-Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.
Signed:
Title:
Firm:
Date:
City Council 22 – 54 5/21/2024
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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.
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STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023.
The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA.
The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids.
Signed:
Title:
Firm:
Date:
City Council 22 – 56 5/21/2024
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Page A4-1
Appendix
ATTACHMENT 4
City of Santa Ana Standard Plans
Standard Plans
https://www.santa-ana.org/engineering-standards-and-plans/ City Council 22 – 57 5/21/2024
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Page A5-1
Appendix
ATTACHMENT 5
FEE SCHEDULE
(UNDER SEPARATE SEALED COVER)
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EXHIBIT 2
City Council 22 – 63 5/21/2024
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City Council 22 – 70 5/21/2024
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City Council 22 – 72 5/21/2024
CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND J & L CONSTRUCTORS INC. FOR ON-CALL EMERGENCY ASPHALT CONCRETE,
CONCRETE AND STORM DRAIN REPAIR SERVICES
THIS AGREEMENT is made and entered into on this 21st day of May, 2024 by and between J&L Constructors, 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 9, 2024, the City issued Request for Proposal (“RFP”) No. 23-182, by which it sought to retain a Contractor having special skill and knowledge in the field of on-call emergency asphalt concrete, concreate and storm drain repair services.
B. Contractor submitted a responsive proposal that was among those selected by the City.
Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 23-182.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein, and as further described in Contractor’s Proposal - Exhibit B, attached hereto and incorporated herein.
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 Contractor ‘s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as “Compensation - Exhibit C.” Contractor is one of three (3) separate contractors selected to provide services on an on-call basis under RFP 23-182. The total compensation for services provided by all contractors selected under RFP 23-182 shall not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below.
EXHIBIT 3
City Council 22 – 73 5/21/2024
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and end on May 20, 2027, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.
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 City Council 22 – 74 5/21/2024
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.
7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
x 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
x Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. x 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.
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 City Council 22 – 75 5/21/2024
10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
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 self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for City Council 22 – 76 5/21/2024
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 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 City Council 22 – 77 5/21/2024
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 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.
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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.
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:
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To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Bryson Miller
J & L Constructors Inc.
80 Huntington Street
Huntington Beach, CA 92648
Email: [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 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. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any City Council 22 – 80 5/21/2024
other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
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.
[signatures on following page]
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SIGNATURE PAGE TO CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND J & L CONSTRUCTORS INC. FOR ON-CALL EMERGENCY
ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES 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 Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM CONTRACTOR:
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez By:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
Owner/President
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EXHIBIT A
SCOPE OF SERVICES
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City of Santa Ana RFP 23-182
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL EMERGENCY
ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES
RFP NO. 23-182
INTRODUCTION/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, underground, street lighting and/or electrical conduit installation, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) 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. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I “Nature of Work.” The purpose of this request for proposals is to obtain qualified construction firms to augment the City’s capacity to perform emergency roadway and storm drain repair water service in the event of system failures.
DESCRIPTION OF WORK
On an on-call, as needed basis, the selected firm(s) may be asked to provide professional services on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.
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, catch basins, removing and/or replacing pipe and related appurtenances, street lighting, electrical conduits, wiring, and pavement markings, 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.” City Council 22 – 84 5/21/2024
City of Santa Ana RFP 23-182
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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 “Nature of Work.” Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way 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 & Gutter (Type A-2-8) 100 LF
6 Signing & Srtiping 1 LS
7 Traffic Control Work 1 LS
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 & Gutter (Type A-2-8) 100 LF
5 Furnish and Install #6 Pullbox 4 EA
6 Adjust Manhole to Furnished 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 (Caltrans) 1 EA
11 Remove and Replace Chain Link R/W Fence 50 LF
12 Concrete Barrier Type 83 (Caltrans) 50 LF
13 Traffic Control Work 1 LS
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City of Santa Ana RFP 23-182
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Sample Task Order C – Stormdrain
Item Description Qty Unit Unit Price Total
1 Unclassified Excavation 550 CY
2 AC Pavement 130 TN
3 Remove & Replace 18” Corrugated Metal Pipe (CMP) 75 LF 4 Remove & Replace 18” Reinforced Concrete Pipe (RCP) 75 LF 5 Remove & Replace 30” Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type “B”, W=10’) 1 EA
7 Traffic Control Work 1 LS
Sample Task Order D – Street Lighting
Description Qty Unit Unit Price Total
Furnish and Install Streetlight Pole 10 EA
Remove Existing Wooden Pole 5 EA
Remove Existing Steel Pole 5 EA
Install Electrical Meter Pedestal 1 EA
Install 2” PVC Conduit 4000 LF
Install No. 5 Pull Box 3 EA
Pothole Street Light Pole Location 10 EA
Traffic Control Work 1 LS
SURETY BOND
For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety “Payment” and “Performance” bonds in the amounts specified by the “Greenbook” and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved oncall or emergency Task Order which will be based upon the City’s Standard Plans, As-Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. 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. The deposit amount will be determined based upon the surface drainage and street improvement plans.
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City of Santa Ana RFP 23-182
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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.
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 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.
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City of Santa Ana RFP 23-182
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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 DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B, C, & D):
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 the “Greenbook” Standard Specifications for Public Works Construction, 2018 Edition.
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.
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City of Santa Ana RFP 23-182
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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, 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.
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Item No. 5 - PCC Curb & Gutter (A-2-8)
The work under this item consists of grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) 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.
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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.
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 saw-cutting, removing, grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted 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 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. The area included in this bid item shall be measured from the gutter lip to the back of walk, from BCR to ECR.
Item No. 4 - PCC Curb & Gutter (A-2-8)
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The work under this item consists of grading, compacting subgrade, constructing 12” wide by 12” deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) 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. 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 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.
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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.
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
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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.
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.
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Sample Task Order C 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 – Remove and Replace 18” Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18” Corrugated Metal Pipe (CMP) 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 18” Corrugated Metal Pipe (CMP) 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. 4 – Remove and Replace 18” Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18” 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.
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Payment for Remove and Replace 18” 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. 5 – 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. 6- 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. 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.
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Sample Task Order D Items of Work
Item No. 1 – Furnish and Install Streetlight Pole
This work consists of furnishing and installing Ameron 4B127 Street Light Pole including foundation, 2” PVC (stub out) conduits, Grout cap, 8’ Clamp-On Arm Assembly, Overhead Pin & Insulator, LED Luminaire, 8-8 Bard Duplex Aluminum Conductor wiring, and any other work required to provide the intended operation at the locations shown on the project plans per City of Santa Ana Special Provisions and Standard Plans 1126H-3 and 1126H-2 and 1104.
The unit price for each Street Light Pole shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, landscape repair, turf repair, hardscape repair, irrigation repair, root shaving, tree trimming, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 2 – Remove Existing Wooden Pole
This work consists of removing and discarding Street Light Pole including luminaire arm, existing overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer.
The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore.
Item No. 3 – Remove Existing Steel Pole
This work consists of removing and discarding Street Light Pole including foundation, luminaire arm, overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer.
The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore.
Item No. 4 – Install Electrical Meter Pedestal
This work consists of furnishing and installing Electrical Meter Pedestal including foundation, circuit breakers, photocell, contactors, conduits, wiring, SCE coordination, electrical permit and any other work required to provide the intended operation at the location required per City of Santa Ana Special Provisions, Standard Plan 1126M and any approved Southern California Edison Design Plans.
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The unit price for each Install Electrical Meter Pedestal shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 5 – Install 2” PVC Conduit
This work consists of furnishing and installing Polyvinylchloride (PVC) street lighting conduit including pull tape, ground wire, fittings, duct seal, utility potholing, concrete or asphalt restoration and appurtenances complete and in place, of the size indicated on the plans.
The unit price bid per linear foot of PVC Conduit shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and/or trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement, striping and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 6 – Install No. 5 Pull Box
This work consists of furnishing and installing and/or replacing pull box including Concrete Lid, the removal and/or modification of any interfering portions of existing pull box, conduit, PCC, concrete and asphalt restoration, as indicated on plans and directed by the Engineer.
The unit price for each Pull Box shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 7 – Pothole Street Light Pole Location
Payment for Pothole Street Light Pole Location shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore.
Item No. 8 – Traffic Control Work
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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City of Santa Ana RFP 23-182
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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.
City Council 22 – 99 5/21/2024
EXHIBIT B
CONTRACTOR’S PROPOSAL
City Council 22 – 100 5/21/2024
City Council 22 – 101 5/21/2024
J&L Constructors Inc. Intends to perform the services described in this RFP and confirms that all elements of the RFP have been reviewed and understood. J&L Constructors has been in business for over 11 years since its inception in 2012. As a company we specialize in the service, installation and repair of underground utilities and concrete work of all kinds. J&L holds an A, B, C-20, C-53 and a HAZ license for just about any project we get our hands on. We are bonded for work up to 10 Million dollars and we hold a 7 Million dollar excess liability policy for general liability insurance. Bryson Miller (714) 931-9367 ext. 2 will be our single point of contact for the RFP process.
Statement of Understanding and Approach Methodology
J&L Constructors Inc. understands the scope of services described in this RFP. Our general approach to addressing repair or services begins with assisting the city in responding to the call.
We will respond within 30 min of the call/text and mobilize within one hour for emergency calls.
Depending on the scale of the proposed service and repair work we will mobilize within 24 hours for non emergency calls. With locations in OC, IE and Riverside County we can make this possible. Our organization will perform its due diligence of investigations, pictures, real time proposals and any other means necessary for timely and accurate repairs. Please refer to our Contractor Personnel section to fully understand what we are capable of when fully staffed.
Preliminary investigations, due diligence and research will consist of the following. 1- address the scope of work
2- perform due diligence of taking onsite photos, camera footage and measurements, shooting grades, shooting flow line, ODing pipe ect. 3- compose accurate proposal for services rendered if required 4- assess materials procurement and or stock supply to be utilized. 5- have jobsite safety meeting
6- repair and or service affected area per spec and design. 7- bring all areas to original or better condition
8- cleanup and demob
Scope we are experienced with includes the following.
Installing, abandoning, relocating, extending, evaluating damages, testing, restoring water service, rehabilitation, repair and replacement of water system components such as:
• Waterlines sizing from 4” to 48” in diameter
• Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement (ACP), Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes, typically six to twelve (6 to 12) inches, but up 48- inches
City Council 22 – 102 5/21/2024
• Services ranging from 1” to 8” in diameter
• Meters, boxes vaults and substructures of various sizes • Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes • Welding steel pipe and steel components
• Vaults of various sizes
• Fire connections of various sizes
Installing, abandoning, relocating, extending, evaluating damages, testing, restoring service, rehabilitating, lining, repair and replacement of wastewater/sewer system components such as:
• Gravity sewer mains pipes including VCP, PVC, AC and lined steel pipe varying in size from 4” to 18”
• Force mains sizing from 4” to 12” in diameter
• Laterals of 4” to 8” (four to eight inch)
• Clean‐outs
• Vaults/wet wells
• Valves of various sizes
• Manholes
Installing, abandoning, relocating, extending, evaluating damages, testing, rehabilitation, repair and replacement of storm drain and tide valve components such as:
• Storm drain piping, including RCP, PVC, AC pipes
• Junction Structures
• Catch basins
• Tide valves and structures
• Manholes
MISCELLANEOUS:
• Excavations and trenching of various depths and sizes • Dewatering
• Grading
• Disposal of excess materials and spoils
• Hauling of material (for backfilling and grading)
• Backfill and compaction.
• Roadway, alleyway, and sidewalk repairs (asphalt and concrete) • Welding on pipe or structures
City Council 22 – 103 5/21/2024
Contractor Information
Main Office:
80 Huntington Street SPC 706
Huntington Beach, CA 92648
(714) 931-9367 H[W office
(714) 955-3716 cell
Bryson@jandlconFRP
Branch Locations:
29104 Basswood
Lake Elsinore, CA 92530
www.jandlconFRP
21 Cuddington Ln
Lynchburg, VA 24501
J&L Constructors Inc. Is an S-Corp entity. We have had no claims, litigation, mediation, and or non compliance issues for the past 11 years for any Public Contracts.
City of Riverside 3 year Service Contract
Contact Maria Guerroro 909-522-2829 [email protected] Emergency and Non Emergency Response Contract $2,500,000 3 year term with renewal option.
Current Services Contract
City Council 22 – 104 5/21/2024
Contractor Personnel
Experience and References
Qualifications & Experience Document
This document should include an assortment of major projects, groups of projects and key skill sets relevant to Civil Infrastructure Installation Services for each of the last three years. Each project reference should include: client/project name, work duration/date, work description.
J & L Constructors Inc.
DUNS # 080696390
DIR # 1000056885
EPA # P11F9A346000E2E61
Single Check Replacement Project Phase 2 & 3 (2021-2022) Lake Elsinore Valley Municipal Water District (EVMWD)
1 year total project ($1.4 Million)
Installation of 41 DCDA’s throughout the city of Lake Elsinore, Wildomar and Canyon Lake.
Demolition of existing underground single checks, vaults and associated pipeline. Welding of flanges, attachments of fittings and devices to bring above ground. Abandonment of existing vaults and confined spaces. Slurry backfill and PCC slabs for PRW safety. Painting, commissioning and testing of all installed devices.
Shawnele Morales (760) 533-2194
[email protected]
Currently with Rincon Water, but formerly Lead Engineer for EVMWD.
Lake Hemet Municipal Water District Water Main Replacement Project and Paving \HDU WRWDO SURMHFW
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P9C SLSH ,QVWDOODWLRQ RI ZDWHU VHUYLFHV )LUH
+\GUDQWV DQG DLU YDF DQG WHVWLQJ RI DOO LQVWDOOHG GHYLFHV Jason Venable
Engineering Services Manager
Lake Hemet Municipal Water District
[email protected]
951.658.3241
36” Butterfly Valve Replacement Project (2022)
Lake Elsinore Valley Municipal Water District (EVMWD)
1 month ($80,000)
City Council 22 – 105 5/21/2024
Installation of 36” Butterfly valves cut into 32” RCP Trunk line. 6KDZQHOH 0RUHORV P( 46'P
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Ortega Highway Water main replacement Project (2020)
EVMWD
6 months ($400,000)
Installation of 2000 LF of 8” C-900 pipeline, valves, fittings, Backflows, fire hydrants and air vacs. Abandonment of 4” steel main, welding of closed ends. Grading of roadway disturbed.
Paving and striping to restore original conditions.
Shawnele Morales Lead Engineer.
Utilities Installation for Elsinore High School (2019)
Lake Elsinore Unified School District
6 months ($100,000)
Installation of new 12” C-900 water line, valves and tie ins. Installation of 6” SDR-35 Sewer main. Installation of 2 - 4’ Diameter manholes with pour in place bottoms. Site grading and paving. Concrete sidewalk and curb and gutter repair.
Octavio Nava (323) 213-0887
[email protected]
Rosalie Ave and Caroline Ct water line replacement CIP (2023-current) Lake Hemet Municipal Water District (LHMWD)
3 months ($250,000)
Installation of 8” C-900 waterline. Approximately 800 LF of new line, 4- Firehydrants, 1 air vac, 24 services, and valves. Concrete work and AC paving to finish.
Jason Venable (951) 658-3241
[email protected]
Service Contract City of Seal Beach
1 year
City Council 22 – 106 5/21/2024
Garrett Lee Rowan (City of Seal Beach)
(562) 447-9640
City of Lake Elsinore Service Contract
3 year (with 3 year renewal)
Service and repair of the concrete PRW’s. Abandonment of services. Emergency clearing and grubbing.
Gus Papagalos City Consultant
(951) 764-2417
[email protected]
Pier G Water Line Project (General WE O'neil) (2015)
1 year project
Installation of Domestic and Reclaimed Underground Waterlines to supply Pier with water.
Installation of 120” storm drain to new facility inlet. Skill sets included heavy equipment, pipe fitting, grading, export/import and concrete civil work. 29 Palms Landfill Project (General ERRG) (2015)
6 months
Installation of New Base Landfill. Skill sets included but not limited to heavy civil work and electrical distribution systems for monitoring station.
Warren Oil Field Catch Basin Project (General SGI) (2016) 2 years
Installation of 35’ deep oil refinery catch basin. Skill sets include heavy civil work and onsite safety and health standards regulated by BP fuels.
Brian Muiter (Field Supervisor)
(951) 219-8043
City Council 22 – 107 5/21/2024
Huntington Beach City Water Meter Replacement and Edison Line Extension Project (Sub J & L) (2016)
3 months ($200,000)
Installation of over 10 new Edison line extensions for panel upgrades. Skill sets included trenching, civil, electrical, and utility avoidance plans. Installation of water and sewer laterals as well for multiple housing developments.
Ruben Chase (Prime Chase Construction)
(714) 914-6346
TransPak Fireline Repair Project (General J & L) (2016) 8 months
Installation and repair of primary 18” fireline to industrial park. Skill sets included civil, mechanical, heavy equipment and import/export backfill. Along with asphalt paving and concrete paving.
Balboa Bay Beach Club Transformer Upgrades Project (Sub J & L) (2017) 3 months ($100,000)
Installation of Primary and Secondary Edison feeds to docks B, C, and D. Skill sets included, electrical, civil, underground structures, and OSHA deep trench shoring. Dewatering as well.
Mike King (714) 767-6453
King Electric
Balboa Bay Beach Club Prime Electrician
Outlets at San Clemente Tesla Supercharger Project (General Potential Electrical) (2017) 2 months ($200,000)
Installation of 21 Tesla Charging Stations. Skill sets included civil, electrical, pipe fitting, equipment installation, utility avoidance, import/export and concrete.
City Council 22 – 108 5/21/2024
Key staff resumes
Bryson W. Miller
11 years with company
Main office contact person.
Bio: Owner
Bryson, the founder of J & L Constructors Inc. after receiving his Bachelor of Science Degree from La Verne University and completing his senior thesis at USC School of Medicine, immediately took interest in the civil infrastructure industry. With over 15 years of experience in the industry Bryson looks to take J & L to the forefront of the future which he believes is the Telecom civil and electrical fields for electric vehicle charging infrastructure. All the while, keeping the company grounded in an industry that will never die Water,Sewer and Power.
Certifications:
HAZ certified
Trench Safety Person
Deep Slide Shoring Person
Heavy Equipment Operator Certified
Environmental Safety Certified
D1.1 Welder
Adrian Barahona
5 years with company
Main field contact person.
Bio: Superintendent
Adrian comes to J & L from Hal Hayes Contruction as the most decorated employee when it comes to heavy civil and concrete work. Being in the industry over 10 years with names like PAR, Flatiron, Arizona Pipeline and USSCal to name a few Adrian was able to get acclimated with vast telecom civil and electrical experience. Much of the success of J & L can be contributed to Adrian.
Certifications:
Gas fitter (poly and steel)
City Council 22 – 109 5/21/2024
Heavy Equipment Certified
Trench Shoring Safety Person
D1.1 Welder
Joel Navarro
3 years with company
Bio: Foreman
Joel comes to J & L as the original General Contractor himself.. Growing up doing storm drain, pools and lakes streams and waterfalls Joel has over 10 years in the industry of heavy civil work and concrete experience. Working for companies like Living Waters, DeJacomo, and Rock and Waterscapes who collectively designed and build many amusement parks within the California and Washington areas over the last decade.
Certifications:
Trench Safety Person
Pipe Fitter
Mason Prep and Finish Cert.
Aroldo Roldan Gomez
2 years with company
Bio: Laborer
Aroldo or (Rolly) as we call him can dig with the best of them! His expertise doesn’t just end with a 12” blade, rather his intelligence and experience with sewer and water is vast spreading over 10 years with two major pipeline outfits.
Vanessa Miller
11 years with company
Bio: Secretary
Vanessa comes to J & L as the glue that holds the ship together.. Vanessa keeps our paperwork up to date and on track.
Joseph Valenzuela
City Council 22 – 110 5/21/2024
11 years with company
Bio: Office Manager
Joseph maintains our integrity and quality control to ensure we are headed in the right direction inside our office based out of Huntington Beach, CA.
Laborers include:
Juan Delgado 2 years with company
Leobardo Hernandez 1 year with company
J&L is D1.1 certified welders, Hazardous materials removal licensed and equipped for any underground situation encountered.
Equipment List:
1 - 35G Mini Excavator
' C$7 $OWHUDLQ Z JULQGHU EURRP IRUNV
2 - 420 Backhoe CAT
3 - 5 yard dump
4 - Chevy 2500 Diesel
5 - Toyota Tundra Crew Truck
6 - Skid Steer
7 - Traffic Control Signage and cones
8 - Equipment Trailors
9 - Mobile Office
10- 34’ flatbed equipment trailer with attatchments
City Council 22 – 111 5/21/2024
Proposal
9 IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT
(California Public Contract Code Sections 2200-2208)
The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either:
1. A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran.
The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205).
To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution name, and City Business Tax Registration Certificate (BRTC) if available, in completing ONE of the options shown below.
OPTION #1: CERTIFICATION
I, the official named below, certify that I am duly authorized to execute this certification on behalf of the bidder or financial institution identified below, and that the bidder or financial institution identified below is not on the current DGS list of persons engaged in investment activities in Iran and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or vendor, for 45 days or more, if that other person or vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DSG list of persons engaged in investment activities in Iran.
Vendor Name/Financial Institution (printed) BTRC (or n/a) By (Authorized Signature)
Print Name and Title of Person Signing
Date Executed City Approval (Signature) (Print Name)
OPTION #2: EXEMPTION
Pursuant to PCC § 2203(c) and (d), a public entity may permit a bidder or financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into, or renew, a contract for goods and services. If the bidder or financial institution identified below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, the bidder or financial institution shall complete and sign below and attach documentation demonstrating the exemption approval.
Vendor Name/Financial Institution (printed) BTRC (or n/a) By (Authorized Signature)
Print Name and Title of Person Signing
Date Executed City Approval (Signature) (Print Name)
J&L Constructors Inc.
Bryson Miller
Owner/President
2/5/24
City Council 22 – 112 5/21/2024
City Council 22 – 113 5/21/2024
City Council 22 – 114 5/21/2024
City Council 22 – 115 5/21/2024
City Council 22 – 116 5/21/2024
City Council 22 – 117 5/21/2024
City Council 22 – 118 5/21/2024
City Council 22 – 119 5/21/2024
City Council 22 – 120 5/21/2024
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
City of Santa Ana RFP 23-182
Page A3-2
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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.
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 sub recipients shall certify and disclose accordingly.
Firm J & L Constructors Inc.
Signed and Printed Name: Bryson Miller
Title Owner
Date 1/24/24
City Council 22 – 121 5/21/2024
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
City of Santa Ana RFP 23-182
Page A3-3
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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
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.
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 City Council 22 – 122 5/21/2024
City of Santa Ana RFP 23-182
Page A3-4
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 sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: Owner
Firm: J & L Constructors Inc.
Date: 1/24/24
City Council 22 – 123 5/21/2024
City of Santa Ana RFP 23-182
Page A3-5
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: Bryson Miller oI J & L Constructors Inc.
Business Address: +untinJton 6t. +untinJton BeDcK C$
Business E-Mail Address: Bryson#MDnGlcon.coP
Telephone:
State Contractor’s License No. and Class:
*enerDl $ B C C +$=
License Expiration Date:
State Dept. of Industrial Relations (DIR)
Registration No.:
State Dept. of Industrial Relations (DIR)
Registration Expiration Date:
Signed:
Title: Owner
City Council 22 – 124 5/21/2024
City of Santa Ana RFP 23-182
Page A3-6
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.
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.
The undersigned certifies that the foregoing is true and correct.
Name of Firm J & L Constructors Inc.
Signature of BIDDER
Title Owner
(if an individual, so state)
City Council 22 – 125 5/21/2024
City Council 22 – 126 5/21/2024
City of Santa Ana RFP 23-182
Page A3-8
LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the 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).
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name 1O68B6
License #/Exp.
DIR Reg. #/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Name 1O 68B6
License #/Exp.
DIR Reg. #/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $ Amount $
We self perform all work We self perform all work.
City Council 22 – 127 5/21/2024
City of Santa Ana RFP 23-182
Page A3-9
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years.
1. (lsinore 9Dlley MuniciSle :Dter 'istrict
Name and Address of Owner.
$nGreD .rDIt
Name and Telephone Number of person familiar with project. 3 BDcNIlow 'eYice 3iSinJ ,9DlYes, PCC, AC
Contract Amount Type of Work
Date Completed
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work Date Completed
3. OrteJD +iJKwDy :Dter MDin 5eSlDcePent 3roMect (9M:'
Name and Address of owner.
6KDwnele MorDles LeDG (Jineer
Name and Telephone Number of person familiar with project.
Contract Amount
L) oI C
3iSeline 9DlYe )ittinJs BDcNIlows )ire KyGrDnts Dir YDcs Type of Work
Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
6tewDrt 6urety & InsurDnce 6erYices Inc.
1eStune $Ye
(ncinitDs C$
City of Riverside
Maria Guerrero 909-522-2829
$2,500,000 Risk Management Utilites and other work Current ongoing Emergency Services Contract 3 years
Storm Drain, Sewer, AC, PCC, CMU walls, general building City Council 22 – 128 5/21/2024
City of Santa Ana RFP 23-182
Page A3-10
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed milar 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.
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
Jaqueline Godinez 3 year service contract with City of Riverside City of Riverside, Jaqueline Godinez 951-826-5693
$2,500,000 City services for risk management Current and ongoing Elsinore Valley Municiple Water District
$50,000 Valves, pipe, AC, PCC, DCDA’s 2021-2022
Butterfly Valves Project
Brian Vigil 714-313-2614
Lake Elsinore Unified School District
Octavio Nava 323-213-0887
$100,000 Pedestrian Bridge, Waterlines, Paving, Sewer Mains 2019-2020 Stewart Surety & Insurance Services, Inc.
755 Neptune Avenue
Encinitas, CA 92024
City Council 22 – 129 5/21/2024
City of Santa Ana RFP 23-182
Page A3-11
STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.
Signed:
Title: Owner
Firm: J & L Constructors Inc.
Date: 1/30/24
City Council 22 – 130 5/21/2024
City of Santa Ana RFP 23-182
Page A3-12
STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti-Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.
Signed:
Title: Owner
Firm: J & L Constructors Inc.
Date: 1/30/24
City Council 22 – 131 5/21/2024
City of Santa Ana RFP 23-182
Page A3-13
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No ;
If the answer is yes, explain the circumstances in the following space.
City Council 22 – 132 5/21/2024
City of Santa Ana RFP 23-182
Page A3-14
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023.
The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA.
The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids.
Signed:
Title: Owner
Firm: J & L Constructors Inc.
Date: 1/30/24
City Council 22 – 133 5/21/2024
EXHIBIT C
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 22 – 134 5/21/2024
City of Santa Ana RFP 23-182
Page A1-2
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 “Nature of Work.” Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way 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 & Gutter (Type A-2-8) 100 LF
6 Signing & Srtiping 1 LS
7 Traffic Control Work 1 LS
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 & Gutter (Type A-2-8) 100 LF
5 Furnish and Install #6 Pullbox 4 EA
6 Adjust Manhole to Furnished 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 (Caltrans) 1 EA
11 Remove and Replace Chain Link R/W Fence 50 LF
12 Concrete Barrier Type 83 (Caltrans) 50 LF
13 Traffic Control Work 1 LS
35 87,500
45 135,000
55 5500
2500 10000
3500 17500
750 56250
100 5000
150 82500
150 82500
2500 10000
3500 17500
55 5500
1500 1500
1500 1500
35000 35000
500 65000
2500 2500
City Council 22 – 135 5/21/2024
City of Santa Ana RFP 23-182
Page A1-3
Sample Task Order C – Stormdrain
Item Description Qty Unit Unit Price Total
1 Unclassified Excavation 550 CY
2 AC Pavement 130 TN
3 Remove & Replace 18” Corrugated Metal Pipe (CMP) 75 LF 4 Remove & Replace 18” Reinforced Concrete Pipe (RCP) 75 LF 5 Remove & Replace 30” Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type “B”, W=10’) 1 EA
7 Traffic Control Work 1 LS
Sample Task Order D – Street Lighting
Description Qty Unit Unit Price Total
Furnish and Install Streetlight Pole 10 EA
Remove Existing Wooden Pole 5 EA
Remove Existing Steel Pole 5 EA
Install Electrical Meter Pedestal 1 EA
Install 2” PVC Conduit 4000 LF
Install No. 5 Pull Box 3 EA
Pothole Street Light Pole Location 10 EA
Traffic Control Work 1 LS
SURETY BOND
For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety “Payment” and “Performance” bonds in the amounts specified by the “Greenbook” and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved oncall or emergency Task Order which will be based upon the City’s Standard Plans, As-Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. 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. The deposit amount will be determined based upon the surface drainage and street improvement plans.
1500 1500
150 82500
250 18750
300 22500
750 56250
35000 35000
12500 125000
3500 17500
3500 17500
4500 4500
75 525000
3500 17500
1500 1500
2000 20000
500 65000
City Council 22 – 136 5/21/2024
EXHIBIT F
LABOR RATES
Please list the hourly rates and price mark-ups for services listed below. Contractors shall provide a separate rate schedule identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. If not applicable, select no bid. Please submit one Exhibit F per Contractor Category bidding on. Fill in the blank below with the Category. Categories can be found in Exhibit G.
CONTRACTOR CATEGORY ______________________________
Titles and Rates Charged for Personnel Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Title Project Manager Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Concrete Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Masonry Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Thermal and Moistures Protection Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
J&L Constructors Inc.
Office Staff $45
$67.50
Please add 20% for emergencies
$65.46
$68.02
$130.92
Please add 20% for emergencies
$68.20
$88.42
Please add 20% for emergencies
$136.40
$90.00
$91.38
$121.14
$182.76
Please add 20% for emergencies
Please add 20% for emergencies
$65.86
$88.42
$131.72
City Council 22 – 137 5/21/2024
Openings Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Finishes Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Equipment Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Conveying Equipment Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Heating, Ventilating, and Air‐Conditioning Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Integrated Automation Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Electrical Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
$68.20
$88.42
180.40
Please add 20% for emergencies
$88.20
$132.30
$176.40
Please add 20% for emergencies
$75.10
$112.65
$150.20
Please add 20% for emergencies
$130.92
$82.76
$111.30
$165.52
Please add 20% for emergencies
$82.76
$111.30
$165.52
Please add 20% for emergencies
Please add 20% for emergencies
$68.20
$88.42
$130.92
Please add 20% for emergencies
$90.20
$119.90
City Council 22 – 138 5/21/2024
Communications Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Electrical Safety and Security Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Earthwork Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Exterior Improvements Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Utilities Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Process Integration Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
$82.76
$111.30
$180.40
Please add 20% for emergencies
$65.05
$84.15
$130.10
Please add 20% for emergencies
$65.05
$84.15
$130.10
Please add 20% for emergencies
$165.52
$65.05
$84.15
$130.10
Please add 20% for emergencies
Please add 20% for emergencies
$82.76
$111.30
$165.52
Please add 20% for emergencies
$90.20
$119.90
City Council 22 – 139 5/21/2024
Use this rate schedule to identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc.
Description Rate
Pricing shall remain firm when not based on Department of Industrial Relations Prevailing Wage Rate. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall be subjected to prevailing wage requirements.
RFP No. 2267
We have a cost sheet attatched that we will use for all rates other than rates above.
Please see attatched and if approved we can negotiate further for services and Labor rates, equipment rates not defined in our cost sheet on an as needed basis
Per project and scope.
City Council 22 – 140 5/21/2024
RFP No. 2267
EXHIBIT G
CONTRACTOR CATEGORY SELECTION
Contractors shall clearly indicate the category or categories for which they are proposing.
Failure to note at least one category will cause a proposal to be deemed non-responsive.
Contractors shall indicate their willingness to be available for emergency work on an as-needed basis. There is no penalty for choosing to opt out of providing emergency work and scoring will not be affected for those that wish to only provide non-emergency work.
Category Emergency Work Yes
General Engineering Contractor (“A” License) Emergency
General Engineering Contractor (“A” License) Non-Emergency General Building Contractor (“B” License) Emergency
General Building Contractor (“B” License) Non-Emergency ***Must submit separate pricing sheets (Exhibit F) per category selected to be considered responsive to that category. ***
City Council 22 – 141 5/21/2024
EXHIBIT F
LABOR RATES
Please list the hourly rates and price mark-ups for services listed below. Contractors shall provide a separate rate schedule identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. If not applicable, select no bid. Please submit one Exhibit F per Contractor Category bidding on. Fill in the blank below with the Category. Categories can be found in Exhibit G.
CONTRACTOR CATEGORY ______________________________
Titles and Rates Charged for Personnel Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Title Project Manager Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Concrete Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Masonry Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Thermal and Moistures Protection Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
J&L Constructors Inc.
Office Staff $45
$67.50
Please add 20% for emergencies
$65.46
$68.02
$130.92
Please add 20% for emergencies
$68.20
$88.42
Please add 20% for emergencies
$136.40
$90.00
$91.38
$121.14
$182.76
Please add 20% for emergencies
Please add 20% for emergencies
$65.86
$88.42
$131.72
City Council 22 – 142 5/21/2024
Openings Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Finishes Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Equipment Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Conveying Equipment Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Heating, Ventilating, and Air‐Conditioning Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Integrated Automation Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Electrical Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
$68.20
$88.42
180.40
Please add 20% for emergencies
$88.20
$132.30
$176.40
Please add 20% for emergencies
$75.10
$112.65
$150.20
Please add 20% for emergencies
$130.92
$82.76
$111.30
$165.52
Please add 20% for emergencies
$82.76
$111.30
$165.52
Please add 20% for emergencies
Please add 20% for emergencies
$68.20
$88.42
$130.92
Please add 20% for emergencies
$90.20
$119.90
City Council 22 – 143 5/21/2024
Communications Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Electrical Safety and Security Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Earthwork Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Exterior Improvements Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Utilities Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
Process Integration Rate
Standard Rate (List as an hourly rate)
Overtime Rate (List as an hourly rate)
Double Overtime (List as an hourly rate)
Markup (if subbed out) (List as a percentage)
RFP No. 2267
$82.76
$111.30
$180.40
Please add 20% for emergencies
$65.05
$84.15
$130.10
Please add 20% for emergencies
$65.05
$84.15
$130.10
Please add 20% for emergencies
$165.52
$65.05
$84.15
$130.10
Please add 20% for emergencies
Please add 20% for emergencies
$82.76
$111.30
$165.52
Please add 20% for emergencies
$90.20
$119.90
City Council 22 – 144 5/21/2024
Use this rate schedule to identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc.
Description Rate
Pricing shall remain firm when not based on Department of Industrial Relations Prevailing Wage Rate. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall be subjected to prevailing wage requirements.
RFP No. 2267
We have a cost sheet attatched that we will use for all rates other than rates above.
Please see attatched and if approved we can negotiate further for services and Labor rates, equipment rates not defined in our cost sheet on an as needed basis
Per project and scope.
City Council 22 – 145 5/21/2024
RFP No. 2267
EXHIBIT G
CONTRACTOR CATEGORY SELECTION
Contractors shall clearly indicate the category or categories for which they are proposing.
Failure to note at least one category will cause a proposal to be deemed non-responsive.
Contractors shall indicate their willingness to be available for emergency work on an as-needed basis. There is no penalty for choosing to opt out of providing emergency work and scoring will not be affected for those that wish to only provide non-emergency work.
Category Emergency Work Yes
General Engineering Contractor (“A” License) Emergency
General Engineering Contractor (“A” License) Non-Emergency General Building Contractor (“B” License) Emergency
General Building Contractor (“B” License) Non-Emergency ***Must submit separate pricing sheets (Exhibit F) per category selected to be considered responsive to that category. ***
City Council 22 – 146 5/21/2024
Invoice # Emergency Contract
DATE: 1/23/2024 PROJECT NO: #
PROJECT: EPS NO: Emergency Rate
DESCRIPTION: SHORT DESCRIPTION OFDTaHilEy WCoOstRSKheet ESTIMATOR: Bryson Miller CONTRACT NO: POC#ity of Riverside COMPANY: J & L Constructors Inc.
ITEM DESCRIPTION QuanƟty Unit
Material
Unit Price
Material
Price Labor Labor Cost WC/INS Tax O & P 10%
1 A Dump AC/Concrete 0.00 Each $150.00 $0.00 $0.00 $0.00 2 A Light traffic control 0.00 Total $50 $0.00 $0.00 $0.00 3 A Tack 0.00 Ea $100 $0.00 $0.00 $0.00
4 A PG 70-10 AC 0.00 Tons $150 $0.00 $0.00 $0.00
5 B Fuel/35G/Skid Steer 0.00 Gal $7.50 $0.00 $0.00 $0.00 6 B 560 C-3250 Mix 0.00 Yards $375.00 $0.00 $0.00 $0.00 7 B Wood Forms 0.00 Ea. $75.00 $0.00 $0.00 $0.00
8 C Office Staff 0.00 Hr $ 90.00 $ - $ - $ -
9 C Project Manager 0.00 Hr $ 180.00 $ - $ - $ -
10 C Foreman 0.00 Hr $120.00 $ - $ - $ -
11 C Installer 0.00 Hr $120.00 $ - $ - $ -
12 C Laborer 0.00 Hr $120.00 $ - $ - $ -
13 C Laborer 0.00 Hr $120.00 $ - $ - $ -
14 D Chevy 2500 HD 0.00 Hr $15.62 $0.00 $0.00 $ -
15 D Materials Trailer 0.00 Hr $12.65 $0.00 $0.00 $ -
16 D 35G Mini Ex 0.00 Hr $27.87 $0.00 $0.00 $ -
17 D 289D All-Terrain 0.00 Hr $38.00 $0.00 $0.00 $ -
17A D 289D Grinder 0.00 Hr $45.00 $0.00 $0.00 $ -
17B D 289D Sweeper 0.00 Hr $45.00 $0.00 $0.00 $ -
18 D Dump Truck 0.00 Hr $37.50 $0.00 $0.00 $ -
19 D CompacƟon Wheel 0.00 Hr $11.32 $0.00 $0.00 $ -
20 D Air Compressor 0.00 Hr $18.75 $0.00 $0.00 $ -
21 D Camera 0.00 Hr $17.87 $0.00 $0.00 $ -
22 D Whacker 0.00 Hr $15.52 $0.00 $0.00 $ -
23 D Dump Trailer *** 0.00 Hr $12.65 $0.00 $0.00 $ -
24 D Toyota Tool Trk 0.00 Hr $13.98 $0.00 $0.00 $ -
City Council 22 – 147 5/21/2024
25 E Delivery Fees 0.00 Each $150.00 $0.00 $0.00 $ -
Subtotals This Sheet Carry For$w-ard $ 1,369.23 $ - $ 750.00 $ - $ - $ - $ - Grand Total $ -
City Council 22 – 148 5/21/2024
EXHIBIT 4
City Council 22 – 149 5/21/2024
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City Council 22 – 151 5/21/2024
City Council 22 – 152 5/21/2024
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City Council 22 – 158 5/21/2024
City Council 22 – 159 5/21/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: On-Call Engineering, Technical, and Administrative Staff Support Services
AGENDA TITLE
Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu Consulting Group for On-Call Engineering, Technical, and Administrative Staff Support Services
RECOMMENDED ACTION
Authorize the City Manager to execute five agreements with the firms listed below to provide engineering, technical, and administrative staff support services, for a threeyear period commencing July 15, 2024 and expiring July 14, 2027, with a provision for one, two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $2,500,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-XXX).
Firms
Project Partners
Interwest Consulting Group, Inc.
GK & Associates
Richard Fisher Associates
Ladayu Consulting Group
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City of Santa Ana Public Works Agency oversees all aspects of civil engineering for capital improvement projects, development engineering, and the managing of project design and construction. In the past, the City has contracted with consultant firms to provide temporary staffing for the Public Works Agency (PWA) to perform a wide range of tasks to design, manage, and inspect construction of City capital improvements, and to support citywide development, plan check, and utility permit-related services. In anticipation of peak workloads which will exceed the current staffing capacity of PWA, the recommended staff augmentation will help maintain time-sensitive project delivery schedules and commitments related to private property development activity. The approval of the recommended action will allow the City to temporarily augment staff as City Council 23 – 1 5/21/2024
On-Call Engineering, Technical, and Administrative Staff Support Services May 21, 2024