REQUEST FOR PROPOSALS NO. 24-084
FOR
LABOR COMPLIANCE & COMMUNITY WORKFORCE
AGREEMENT PROFESSIONAL ADMINISTRATIVE
SERVICES
Approved for Release:
CITY OF SANT A ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Sean Thomas ..S:: I·
Project Manager
(714) 647-5655
[email protected]
Nabil Saba, P.E.
Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date:
Deadline for Request for Information:
Submittal Due Date:
Project Award Date:
Wednesday, June 19, 2024
Tuesday, June 25, 2024, 2:00 P.M.
Wednesday, July 3, 2024
Tuesday, August 20, 2024
EXHIBIT 1
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND .............................................................................................................................. 3 II. OVERVIEW OF PROJECT ............................................................................................................ 3 III. PRE-PROPOSAL MEETING .......................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................... 3 V. MINIMUM QUALIFICATIONS ........................................................................................................ 4 VI. RESPONSE TO RFP ..................................................................................................................... 4 VII. CERTIFICATIONS (ATTACHMENTS) ........................................................................................... 9 VIII. REFERENCES ............................................................................................................................... 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ........................................................................... 9 X. SELECTION PROCEDURES & CRITERIA .................................................................................. 10 XI. WITHDRAWALS ........................................................................................................................... 11 XII. GENERAL TERMS AND CONDITIONS ....................................................................................... 11 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ......................... 15 XIV. AWARD OF AGREEMENT .......................................................................................................... 19 XV. IMPLEMENTATION ...................................................................................................................... 19
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – COMMUNITY WORKFORCE AGREEMENT (CWA)
ATTACHMENTS
A PROPOSER’S CERTIFICATI ON, PROPOSAL ITEM PRICING
B PROPOSER’S STATEMENT
C NON-COLLUSION AFFIDAVIT
D NON-LOBBYING CERTIFICATION
E NON-DISCRIMINATION CERTIFICATION
F SUBCONTRACTOR D ESIGNATION FORM
G CARB FLEET COMPLIANCE CERTIFICATION
H STATEMENT REGARDING CWA REQUIRMENTS
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualifie d firms and organizations (Proposers) to provide Labor Compliance & Community Workforce A greement Professional Administrative Services. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Cont ractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply.
CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codif ied in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Fail ure to provide valid CRCs as required herein may render the Proposal non-responsive.
III. PRE-PROPOSAL MEETING
A pre-proposal meeting will not be held for this RFP.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as ap propriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the dur ation of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
CITY OF SANTA ANA
V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum requirements may be deemed non-responsive.
1) Contractor must have been in business continuously for the m ost recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any pro posals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and m arked clearly with the following:
Gentle note: staff will not timestamp or sign any hard copy del iveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no exceptions sha ll be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. P roposers experiencing any technical difficulties with the bid submission process may cont act PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of “SEALED PROPOSAL FOR
LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT (CWA)
PROFESSIONAL ADMINISTRATIVE SERVICES
RFP NO. 24-084
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Sean Thomas
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
CITY OF SANTA ANA
assistance, or assurance that any given problem will be resolve d by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, 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 proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to t his RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. T he City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral commu nication or any other information or contact that occurs outside the official communi cation process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time sh own at the schedule of key RFP dates on the cover page of this RFP. All prospective Propos ers are advised to visit PlanetBids on a regular basis as responses may be posted earlie r than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms a nd conditions, including modifications to the City’s RFP and/or Contract terms and condi tions must be submitted by the deadline for questions. Such requests should include an att achment in Word or PDF format on formal company letterhead that shows the requested mo difications. Should the Proposer be considered for award recommendation and progress in to the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exc eptions or additional terms and conditions related to Agreement, RFP, and insurance and indemni fication terms and conditions.
E. 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 City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtai n information regarding this solicitation.
CITY OF SANTA ANA
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand . Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The Ci ty will not be bound by any oral responses to inquiries. By submitting proposals, Proposer s assert that they have fully read the RFP and any addenda issued by the City, the proposed C ontract and any other Contract Documents, and affirm that the terms and conditions st ated therein are fully understood and are acceptable to the Proposer. Each Proposer a ccepts the terms and conditions of the Contract Documents and indicates their abilit y and willingness to perform the requested services under such terms and conditions. Any ex ceptions to the terms and conditions set forth in the Contract Document shall be submitte d to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a stra ightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VII I below; Proposal Cover Letter, section dividers, table of contents, front/back cover p ages). The page limitation includes all appendices, attachments, and supplemental informat ion. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include ty pe of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project M anager:
Sean Thomas, Principal Civil Engineer
City of Santa Ana – Construction Services
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
CITY OF SANTA ANA
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience incl uding the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and he adquarters address.
iii. Name and contact information of the supervising Project Ma nager/Principal Agent, to be assigned to the agreement. The Project Manager/Pri ncipal Agent shall be the primary contact person to represent your fir m and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant expe rience.
e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm’s und erstanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified her ein; ii. Suggestions or special concerns the evaluation committee sh ould take into consideration (if any);
iii. Description of deliverables and implementation plan. Propo ser shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Proposals shall include a listing of relevant pr ojects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Titl e 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) fo r the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including an y applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with thei r Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if ap plicable. City reserves the right to negotiate compensation and/or payment schedule pri or to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
CITY OF SANTA ANA
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall includ e the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourl y effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbur sement for travel-related exp enses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to prov iding services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (1 80) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term . Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submi tted to the City Representative in writing at least ninety (90) days prior to th e new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index ( CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. D epartment of Labor’s website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or re commendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the prot est at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other d esignated City staff member, shall review the basis of the protest and all relevant informat ion. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
CITY OF SANTA ANA
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer’s Certification and Proposal Item Pric ing Attachment B: Proposer’s Statement
Attachment C: Non-Collusion Affidavit
Attachment D: Non-Lobbying Certification
Attachment E: Non-Discrimination Certification
Attachment F: Subcontractor Designation Form
Attachment G: CARB Fleet Compliance Certification
Attachment H: Statement Regarding CWA Requirements
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
City will not waive notarization requirement when applicable on any of the required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, inc luding contact names and telephone numbers. The respondent grants permission for the Ci ty to contact any individuals listed as references.
City may disqualify a Proposer if:
References fail to substantiate Proposer’s description of serv ices and deliverables provided; or
References fail to support that Proposer has a continuing patt ern of providing capable, productive, and skilled personnel, or
City is unable to reach the point of contact with reasonable e ffort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
CITY OF SANTA ANA
X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review commit tee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review com mittee based on the following criteria:
C. Rankings: A final score will be calculated for each submitte d proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals sha ll be ranked by score. Only those proposals receiving a score above 70 will be considered f or award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to th e RFP and the City evaluation criteria set forth above.
D. Selection: The City is under no obligation to accept any pro posal and reserves the right to negotiate with respondents as to fees and terms. The City may r eject proposals at its sole discretion. If proposal fails to satisfy any requirements outli ned in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced pro posals, but will make awards in the best interests of the City after all factors have been e valuated. The review committee will recommend the qualified Proposers to the City Council or C ity Manager for award of contract, as appropriate.
CATEGORY POINTS
Responsiveness to RFP
Proposal’s compliance with the requirements of this RFP. Scope of Services offered including ability to provide optional services. The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
20 Understanding of Need
Include milestones of completion of key tasks, to be completed by specific team members.
35 Relevant Project Experience/Schedule of Delivery
Relevant project experience within the last 5 years, including experience with public agencies.
The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
40 References
References that are similar in size and project scope to the City.
5 TOTAL POSSIBLE SCORE 100
CITY OF SANTA ANA
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s repr esentative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contrac tor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awar ded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer as signed to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (71 4) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals subm itted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or sep arate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcont ractors associated with accomplishing work and services hereunder. The Contractor’s ef forts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP . Any such relationship that might be perceived or represented as a conflict should be discl osed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deeme d appropriate as an end product of this Contract. Therefore, Contractor is precluded fr om contracting for any work recommended as a result of this Contract.
CITY OF SANTA ANA
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposa l. Pre-contractual expenses include, but are not limited to, preparation of the proposal, s ubmission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by th e Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all cost s related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. C hanges in staffing must be reported in writing and approved by the City. The City shall ha ve the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writi ng of such action. The City is not required to provide any reason, rationale, or additional fa ctual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, an d documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination o f this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or prod uced during response preparation of the RFP will become property of the City. All r esponses to the RFP shall become property of the City. Proposer information identified a s proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
CITY OF SANTA ANA
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or terminat ion of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable o f effectively and efficiently performing quality work to achieve the City’s objectives. Any a ttachments referenced herein or any interpretations, clarif ications or amendments subsequent ly posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brou ght to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical co mmitments, lack of technical competence, or are indicative of failure to comprehend the comp lexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Propose r will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in w riting at least thirty (30) days before the end of the current fiscal period and terminate the c ontract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Con tractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doin g business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shal l provide the same assurances of competence for the sub-consultant plus the demons trated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
CITY OF SANTA ANA
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosur e of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any pro posal. The City reserves the right to reject any proposal based upon the Proposer’s prior hi story with the City or with any other party, which documents, without limitation, unsatisfactor y performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together w ith any modifications thereto, and the awarded Contractor’s proposal, together with any modifi cations and clarifications thereto that are submitted at the request of the City during th e evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Co ntractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this gene ral rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosur e to competing Contractors unless and until an agreement is reached. If contract negotiati ons cannot be concluded successfully, the City reserves the right to negotiate a contra ct with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additiona l cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished ma terials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staf f utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
CITY OF SANTA ANA
Contractor acknowledges that City locations consist of public-u se facilities and recognizes the obligation to ensure Contractor personnel and agents mainta in the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and cont ractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contrac t between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contr act unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontract ors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the per formance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the S tate of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to e xecute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industria l Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.go v/ (General Prevailing
CITY OF SANTA ANA
Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfei t $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the 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 prevaili ng wage rates and the performance of other requirement on “public works” and “mainten ance” projects. Since the services are being performed as part of an applicable “public w orks” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations 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 wage s in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of wor ker needed to execute the Services available to interested parties upon request, and shal l post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, e mployees 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.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a con tract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitte d electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA re gulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors co mply, with all applicable requirements of the most current version of the regulations imp osed by California Air Resources Board (“CARB”) including, without limitation, all app licable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pe nding amendments (“Regulation”).
CITY OF SANTA ANA
Throughout the Project, and for three (3) years thereafter, Con tractor shall make available for inspection and copying any and all documents or i nformation associated with Contractor’s and its subcontractors’ fleets including, wit hout limitation, the Certificates of Reported Compli ance (“CRCs”), fuel/refueling re cords, maintenance records, emissions records, and any other information the Contr actor 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, cost s, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoro ughly familiar with the type of construction involved and materials and techniques specified.
F. COMMUNITY WORFORCE AGREEMENT
For projects with bids greater than $750,000 for prime multi-tr ade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of wo rk), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargain ing agreement, which establishes the labor relations policies and procedures for CON TRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract.
A copy of the CWA may be found in EXHIBIT III.
G. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris , rubbish, hazardous waste and non-usable material resulting from the work under this Cont ract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.
H. CHEMICALS
Handling and delivery of all materials must comply with all loc al, State, and Federal safety regulations and must maintain appropriate hazardous material tr ansportation and handling certifications and licensing as applicable.
I. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specificat ions and these special provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
CITY OF SANTA ANA
a. Contractor shall train all employees, or subcontractor perso nnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards relate d to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significa nt and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) f or all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of h azardous waste generated in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contr actor agrees to defend, indemnify and hold harmless the City, its officers, emp loyees and agents from and against any and all investigations, complaints, citati ons, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury o r death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmle ss includes all investigations and proceedings associated with purported violat ions of Section 336.10 of Title 8 of the California Code of Regulations pertain ing to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, inc luding legal fees and staff costs, associated with any investigation or enforcement p roceedings brought by Cal OSHA arising out of the assigned work.
J. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to s a fe gu ard a nd p ro tec t C ity property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City p roperty and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.
K. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.
L. RECORDKEEPING AND REPORTS
CITY OF SANTA ANA
Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shippe d, disposal and recycling facilities utilized, final disposal method utilized, quantity s hipped (pounds), waste profile number, and any additional information requested.
All records and reports shall be available in electronic (inclu ding Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.
XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information pac ket have been received and approved.
XV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staf f prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
CITY OF SANTA ANA
B. 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 Pac ket for review and approval by the City. “On-Call” contracts require the City Proj ect Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order.
CITY OF SANTA ANA
INTRODUCTION/BACKGROUND
The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions. The CWA became fully integrated into project specifications in September of 2017 and has since adopted a new agreement in June of 2023 (EXHIBIT III)
The City seeks proposals from capable and experienced firms to provide professional services in overseeing and monitoring labor compliance requirements, as well as administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City.
The objective for Public Works Projects is to ensure that any and all Contractors adhere to the State of California Departement of Industrial Relations (DIR) Labor Compliance and Prevailing Wage requirements. All workers performing any labor must be in accordance with the California State Labor Code. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City’s construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City’s Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City’s facilities which have been designated by the City for construction or rehabilitation.
Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi trade construction contracts exceeding seven-hundred and fiftythousand dollars ($750,000), and all specialty contracts exceeding one-hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA.
DESCRIPTION OF WORK
Provide all services, and support, required to actively monitor and enforce all Labor Compliance requirements and reporting. Provide all services, and support, required to actively administer and enforce the obligation of the CWA, ensuring that the benefits from it flow to all Parties.
FIRM/CONTRACTOR RESPONSIBILITIES
The selected firm shall provide profressional administrative services that invlude, but are not limited to the following:
1. Act as the City’s authorized respresentative and the liason between the City, Contractors, and Local Unions, coordinating all CWA activities.
2. Attend Pre-Bid and/or Pre-Const ruction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal.
3. Conduct Pre-Job Meeting betwe en Contractor, Sub-Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA.
4. Assist and guide Co ntractors during all phases of construction.
5. Assist and advise City staff i n the preparation CWA sections of project Specifications and Bid Package.
6. Assist in review, and respons es, to CWA related Requests for Information during bidding.
7. Collect, review, and verify a ll forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database.
8. Assist in interpretation, clarification, and application of the CWA.
9. Recommend enhancements of the CWA.
10. Investigate, supervise, and resolve CWA grievances.
EXHIBIT I
SCOPE OF SERVICES
11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA.
12. Organize monthly meetings with City staff, providing CWA update on City projects.
13. Prepare various monthly, quarterly, and annual reports detailing CWA / labor compliance activity.
14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non-Local).
15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana.
16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed.
17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties.
18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations.
19. CWA orientation for Contractors, as needed.
20. Act as the City’s authorized representative and the liason between the City, Contractors, and other agencies, coordinating all Labor Compliance activities.
21. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow.
22. Assist and advise City staff in the preparation of Labor Compliance section of project Specifications and Bid Package.
23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all Labor Compliance.
24. Ensure Apprenticeship requirements are met per project Specifications.
25. Perform regular site interviews of Contractor’s employees for wage rate verification in accordance with the Caltrans LAPM.
26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final Labor Compliance reports.
27. Train City staff, and those identified by the City, on implementation of Labor Compliance by developing educationa material and presentations.
CITY RESPONSIBILITIES
The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement and Labor Compliance.
PREVAILING WAGES
The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link.
https://www.dir.ca.gov/public-works/publicworks.html
Firm shall provide certified payroll to the Ciy upon invoicing. The City will not process invoices until certified payroll has been provided.
FEE PROPOSAL
In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:
Proposer’s Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP.
The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer. This fee proposal should be included in the aforementioned envelope.
CITY OF SANTA ANA
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this d a y o f , 2 0__ by and between ___________________________________________________________, (“ Consultant”), and the City of Santa Ana, a charter city and municipa l corporation organized and exi sting 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:
B. Consultant represents that C onsultant 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 s ubject 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consul tant 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 $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or “the da te first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent 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 allo w the City to exercise discretion or control over the professional manner in which Consultant performs the services w hich are the subject matter of this Agreement;
EXHIBIT II
SAMPLE AGREEMENT
however, the services to be prov ided by Consultant shall be pro vided 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 relati ng to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-excl usive and perpetual license fo r 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 magneti cally 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 und er 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, provid ed that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the c ontract insurance against claims for injuries to persons or damages to property which may arise from or in co nnection 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 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation
: as required by the State of Calif ornia, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per a ccident, policy or employee, for bodily injury or disease. Coverage is not requi red if Consultant has no emplo yees and signs request to waive such insurance.
4. Professional Liability Insurance : with limits no less than $1,000,000 per occurrence or claim, an d $2,000,000 aggregate.
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 higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, official s, employees, and volunteers ar e to be covered as additional insureds on the CGL policy with respect to liab ility arising out of work or ope rations 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 C ontractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance 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 officer s, 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 subro gation 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 subr ogation, 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 ab ility to pay losses and related investigations, claim administration, and defense expen ses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the d ate of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled o r non-renewed, and not replaced with another claims-mad e 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 City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failur e to obtain the required documents prior to the work beginning shall not waive t he Contractor’s obligation to p rovide 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 modi fy these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harml ess the City, its officers, agents, employees, contractors, special counsel, and representatives fr om liability: (1) for perso nal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whi ch may arise from the negligent operations of the Contract or, 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 speci al counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreem ent, 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 inf ringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by C onsultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with t he 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 d ate of final payment to Consultant under this Agreement. All such records and invoices shall be clearly iden tifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of s uch records and any ot her documents created pursuant to this Agreement during regular business hours. Cons ultant shall allow inspection of all work, data, documents, proceedings, and activi ties related to this Agreemen t for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to t he 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 informati on 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 th at (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, cree d, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medica l conditions, genetic inf ormation, or military and veteran status, age, national ori gin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promot ion, 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 co mplete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, betwe en the parties. In the ev ent 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 wr itten instrument signed by the City and by an authoriz ed representative of Contractor. The parties agree th at any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialize d services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest her ein without the prior writt en 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 entit led to receive and the City sha ll 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 paymen t, the Executive Director may r equire 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 st andard 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 effect ive unless it is in writing an d 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 Agre ement 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, mainta in 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 Stat es, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
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 fo rth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is supersed ed by this Agreement. This shall not apply where the Parties ar e currently engaged and Consultan t 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.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
ATTEST: CITY OF SANTA ANA
J e n n i f e r L . H a l l
C i t y C l e r k I n t e r i m C i t y M anager
APPROVED AS TO FORM:
S O N I A R . C A R V A L H O CONSULTANT:
City Attorney
B y :
A s s i s t a n t C i t y A t t o r n e y
T a x I D #
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
(name)
(title)
CITY OF SANTA ANA
For projects with bids greater than $750,000 for prime multi-tr ade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall a dhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specia lty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor re lations 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 is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforce- agreement/.
EXHIBIT III
COMMUNITY WORKFORCE AGREEMENT (CWA)
CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree tha t I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will trans fer and deliver goods or services to the City in accordance with said terms and conditions.
_______________________________________________________________ ___________________
L E G A L N A M E O F C O M P A N Y P H O N E A N D F A X N U M B E R S
_______________________________________________________________ ___________________
BUSINESS ADDRESS
_______________________________________________________________ ___________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
_______________________________________________________________ ___________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
_______________________________________________________________ ___________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
_______________________________________________________________ ___________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
Proposer understands and agrees that this written RFP (or any p art thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by refer ence into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
PROPOSER’S STATEMENT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or o n behalf of, any undisclosed person, partnership, company, association, organization, or corporation ; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or ind irectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham propos al, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or i ndirectly, sought by agreement, communication, or conference with anyone to fix the proposal pr ice of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal pr ice, or of that of any other proposer, or to secure any advantage against the public body awarding the contr act of anyone interested in the proposed contract; that all statements contained in the proposa l are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bi d depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposa l. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature N o t a r y P u b l i c S e a l
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
NON-COLLUSION AFFIDAVIT
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 off icer 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 cont ract, 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 bee n paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperat ive agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lob bying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less t han $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or he r bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-LOBBYING CERTIFICATION
The undersigned consultant or corporate officer, during the per formance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee o r 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 sh all include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recru itment 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 p laces, 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 so licitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receiv e consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representat ive 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 avail able 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 req uired by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of th e 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 as certain compliance with such rules, regulations, and orders.
1. In the event of the Consultant’s non-compliance with the non discrimination clauses of this contract or with any of the said rules, regulations, or orders, the contrac t may be canceled, terminated, or suspended in whole or in part and the Consultant may be declare d ineligible for further Government contracts or federally assisted construction contracts in accor dance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other san ctions may be imposed and remedies invoked as provided in Executive Order 11246 of Septem ber 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence imm ediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as mea ns of enforcing such provisions,
ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that th e 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 1 420, 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:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perf orm work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, addi tional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans a nd specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Bid Amount
Contractor’s License Number
DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
Bidder hereby acknowledges that they have reviewed the Californ ia Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, an d the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Re gulation under section 2449.1(f )(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and pr oof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the re quirements of the Regulation pu rsuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergen cy situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
_________________________________________________________________ Bidder’s Company Name (please print or type)
__________________________________________________________________ Signature of Bidder
__________________________________________________________________ Print Name
__________________________________________________________________ Title
___________________________________
DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
CARB FLEET COMPLIANCE CERTIFICATION
This is to certify that the undersigned Proposer and subconsult ants have read and undertand the CWA entered into by and between the City of Santa Ana, 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 Proposer hereby agrees to comply with all terms and conditions of the CWA, and are capable of completing construction of the project continuou sly, without interruptions or delays. If awarded any work covered by the CWA, Proposer will also be requ ired to sign a Letter of Assent that appears as Attachment A to the CWA documents.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT H
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)
REQUIREMENTS