David Penaloza
Ward 6
[email protected]
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
•
•
Workers’ Compensation: as required by the State of Califor nia, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
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
Valerie Amezcua
Mayor
[email protected]
David Penaloza
Ward 6
[email protected]
SANTA ANA CITY COUNCIL
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
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 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.
Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
1. 2.
3. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Valerie Amezcua
Mayor
vamezcua@santa-ana.
David Penaloza
Ward 6
[email protected]
org
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
SANTA ANA CITY COUNCIL
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
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.
B. CLARIFICATIONS AND ANSWERS TO QUESTIONS ASKED PRIOR TO THE DEADLINE ARE AS FOLLOWS:
1. Q: If the City will accept a C-45 license, will you wave the insurance requirement for professional liability insurance as specialty trades such as C-45’s do not carry nor do they have that insurance available for them.
A: Please see section A. of this document for the revised Minimum Scope and Limit of Insurance section, removing the Professional Liability insurance requirement.
2. Q: Considering there are no designs provided in the RFP, each bidder will need to design specific designs for each location. Assuming the answer to #3 above is, the City of Santa Ana expects additional graphic elements on each display unique to each park or neighborhood: a) Does the City of Santa Ana acknowledge each design will be unique and holds a Copy Right by the submitting bidder? b)The Copy Right does not transfer to the City of Santa Ana unless the bidder is awarded the project and the project is bidder is paid for the project? c)Does the City of Santa Ana understand the financial penalty for Copy Right infringement? d)Will the City of Santa Ana protect the Copy Right of each of the designs submitted by each bidder by not having a competing bidder not view, bid, reproduce or create a display that is similar to the copy right design? A: The City will acknowledge copyright protection to those designs qualifying for such under Federal copyright law. However, should any copyrightable design be selected and used by the City pursuant to a written agreement for services, the design will be considered a “work made for hire”, meaning that the City will be the copyright owner. All designs submitted as part of a bid proposal may be subject to disclosure under the California Public Records Act and any applicable exemptions thereto.
3. Q: We are a certified DVBE and HUBzone sign company, do you need a DVBE for this bid ?
A: No, DVBE is not a requirement of this RFP.
4. 2)
Q: Considering, 1) we are a specialty contractor located outside of Orange County, our qualified lead installers do not live in the zip codes provided, 3) there is no union trade covering sign installation, 4) most of the work performed will be
S
ANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
manufactured offsite, 5) most sites will require 2 to 3 days of onsite work -- can we be exempt from the Community Work Force Agreement?
A:
Please see Addendum #1, Exhibit V, Community Workforce Agreement (CWA) and refer to Article 2 found therein. Since this work falls under the Scope of the Agreement, no proposers are exempt, except those subject to any applicable Exclusions as defined in the CWA.
S
ANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
CITY OF SANTA ANA
FINANCE AND MANAGEMENT SERVICES
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org
CI TY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
J ennifer L. Hall
ADDENDUM 4: TIMELINE EXTENSION AND REVISIONS
REQUEST FOR PROPOSAL (RFP) NO. 23-099A
DIGITAL MARQUEE INSTALLATION SERVICES
A
ugust 31, 2023
No
tice is hereby given to Proposers that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.
A. T
he deadline to submit proposals is changed to Friday, September 8th, 2023 at 4:00 PM (PDT).
R
EVISIONS
B. S
ection XIV. GENERAL TERMS AND CONDITIONS of the RFP Document is revised to include the following:
DD. F
EDERAL CONTRACT PROVISIONS (ARPA)
The ARPA Federal Contract Provisions are incorporated by reference in the Construction Contract. A copy of the Provisions may be found in EXHIBIT VI.
C. EX
HIBIT VI - FEDERAL CONTRACT PROVISIONS (ARPA) is attached hereto for proposers’ reference.
S
incerely,
Jacques Lam, Buyer
Purchasing Division
EXHIBIT VI
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL A WARDS (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: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant 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 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.
(ii) The Consultant will, 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, sexual orientation, gender identity, or national origin.
(iii) The Consultant 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 Consultant's legal duty to furnish information. (iv) The Consultant 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.