CITY OF SANTA ANA
INVITATION FOR BID (IFB) NO. 26-031
FOR
AIR COMPRESSOR SYSTEM REPLACEMENT (REBID)
KEY IFB DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Bidders.
Iss
ue Date: Thursday, May 14, 2026
Optional Pre-Bid Meeting Tuesday, May 26, 2026, 2:00 P.M.
Deadline for Questions: Thursday, May 28, 2026, 2:00 P.M.
Bid Due Date: Thursday, June 11, 2026, 2:00 P.M.
BID CONTACT:
Jacques Lam
[email protected]
714-647-5489
Exhibit 1
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. DELIVERY REQUIREMENTS AND LOCATION(S) ..................................................................... 3 IV. OPTIONAL PRE-BID MEETING & JOBWALK ............................................................................. 3 V. BONDS ....................................................................................................................................... 3 VI. TIME FOR COMPLETION OF WORK & LIQUIDATED DAMAGES ............................................. 4 VII. GENERAL BID INFORMATION ................................................................................................... 5 VIII. BID RESPONSE INSTRUCTIONS .............................................................................................. 7 IX. TERMS AND CONDITIONS ........................................................................................................ 8 X. INSURANCE REQUIREMENTS .................................................................................................. 8 XI. AWARD PROCEDURES & CRITERIA ........................................................................................ 8 XII. ALTERNATIVES.......................................................................................................................... 9 XV. ADDITIONAL TERMS AND CONDITIONS .................................................................................. 9
EXHIBITS:
Exhibits provided for Bidders’ reference only. These are not to be included with bid submittal.
EXHIBIT 1: SPECIFICATIONS
EXHIBIT 2: SAMPLE TERMS & CONDITIONS
EXHIBIT 3: INSURANCE REQUIREMENTS
ATTACHMENTS (Required with Bid submittals):
ATTACHMENT A: BID FORM
ATTACHMENT B: BIDDER’S CERTIFICATION
ATTACHMENT C: REFERENCES
ATTACHMENT D: DEBARMENT QUESTIONNAIRE
ATTACHMENT E: NON-LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: NON-COLLUSION AFFIDAVIT
ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
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 bid s from qualified vendors (Bidders) to remove two (2) existing air compressors and provide and install two (2) new Quincy QGSV-30 Rotary Air Compressors for Public Work Agency’s Fleet Services. See EXHIBIT 1 for complete Specifications.
Th
e term “Vendor”, “ Bidder”, “Firm”, “Contractor”, and “Consultants” shall refer to any legal entity or entities submitting a bid in response to this Invitation for Bid (IFB).
III. DELIVERY REQUIREMENTS AND LOCATION(S)
All materials to be delivered to Corporate Yard to be coordinated with City staff for location of deliveries. All items to be delivered during City Corporate Yard hours of operation.
C
ity of Santa Ana Corporate Yard
215 S. Center St.
Santa Ana, CA 92703
De
livery Hours: 7:30 AM-5:00 PM
Delivery Days: Monday - Friday
C
ontractor work is to be performed during City hours of operation listed above. Under special circumstances, work can be scheduled at different times or days with approval from City Project Manager. Unless authorized by City staff, no weekend or holiday work.
IV. OPTIONAL PRE-BID MEETING & JOBWALK
An optional pre-bid meeting and jobwalk will be held on the date and time specified on the cover page of this IFB.
L
ocation of meeting: Fleet Maintenance, 215 S. Center St., Bldg. J, Santa Ana, CA, 92703 V. BONDS
When deemed necessary by the City, Bid Bonds shall be furnished by all Bidders in the amount of at least 10% of the bid, to guarantee that Bidders will enter into contract to furnish goods at prices stated. A Performance Bond shall be required of the succ essful Bidder when stated in the Specification. Certified or Cashier’s check or Money Order may be submitted in lieu of either Bond. Failure to submit acceptable Payment and Performance Bonds as required shall result in a rejection of the bid and a forfeiture of the proposal guarantee.
T
he following Bonds are required:
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CITY OF SANTA ANA
1. BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond shall be 10% of the bid amount. The Bid Bond upon a form provided by Bidders’ surety company or a certified check payable to the City of Santa Ana and drawn on a solvent bank of the United States of America, is required with the bid. Responsive bids shall include the following:
• A scanned copy of the Bid Bond included with the electronic bid, uploaded and submitted by the bid submission deadline.
• The o riginal hard copy of the Bid Bond shall be submitted to the Purchasing Office at the address listed below by the three lowest Bidders, as a guarantee that the Contractor, if awarded a contract, will execute and deliver such contract to the City.
Bidders with the three (3) l
owest bids shall submit to the City the original Bid Bond or Certified Check within three (3) business days of the bid due date. Failure to submit the original check or Bidder’s bond shall result in the bid being declared non-responsive. The City reserves the right to contact the next-lowest Bidder(s) in the case that the apparent three (3) lowest Bids are deemed non-responsive, and require submittal of the original Bid Bond or Certified Check. Bidders are solely responsible for monitoring bid results on PlanetBids after the deadline for bid submittals, and for complying with this requirement.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
City of Santa Ana – Finance & Management Services (M16) Attn: Jacques Lam
20 Civic Center Plaza
Santa Ana, CA 92701
Documents shall be clearly labeled in a sealed envelope or box as follows:
IFB 26-031: Air Compressor System Replacement (REBID)
N
ote: All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected. The Certified Check received from Bidders in lieu of a bid bond will be returned upon the City’s awarding of a contract. It is the Bidder’s responsibility to request and coordinate the return of any bid bonds or certified checks.
2. F AITHFUL PERFORMANCE BOND (Awarded Contractor Only) : A Faithful Performance Bond is required for this bid. The value of the performance bond shall be 10 0% of the contract price. Upon award, a Bidder must provide the City with a copy of the executed bond guaranteeing Bidder’s faithful performance of all provisions of the contract.
VI. TIME FOR COMPLETION OF WORK & LIQUIDATED DAMAGES
Contractor shall complete work specified herein within sixty (60) working days after the issuance of the contract.
The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.
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VII. GENERAL BID INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals 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. No other form of submittal will be accepted, except as expressly provided below.
PlanetBids will not accept late proposals and no exceptions shall 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:
https://vendors.planetbids.com/portal/20137/portal-home.
An exception to the foregoing requirements may be considered only when a Proposer can demonstrate, to the City’s satisfaction, that its inability to timely submit a proposal through PlanetBids was the direct result of an error, omission, or failure attributable to the City or the City’s contractors. In such circumstances, the Proposer must still submit its complete proposal electronically via email to the Cit y prior to the RFP due date and time in order to be considered responsive, unless there is a documented and verifiable system-wide issue clearly attributable to the City that prevents such electronic submission. The Proposer must provide written documentation or other credible evidence substantiating that the delay or failure was caused by the City or its contractors. The City reserves sole discretion to determine whether the exception applies.
Except for the limited exception described above, the 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.
Proposers experiencing any technical difficulties with the bid submission process may contact 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 assistance, or assurance that any given problem will be resolved by the bid submission deadline.
All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/20137/portal-home. 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. C
OMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Bidders who are considering submitting a bid in response to this IFB, or who submit a bid in response to this IFB, are only to communicate with the assigned Buyer(s), and no other City staff about this IFB from the date this IFB is issued until a contract is awarded. The City will provide all official communication concerning this IFB in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Buyer(s).
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CITY OF SANTA ANA
C. INVITATION FORINFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this IFB shall be submitted via PlanetBids no later than the date and time shown at the schedule of key IFB dates on the cover page of this IFB. Responses to all questions will be posted on PlanetBids at least three (3) business days prior to close of the IFB. No verbal requests or responses will be accepted.
Significant interpretations or clarifications will be addressed via addenda to this IFB , which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s IFB and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Bidder be considered for award recommendation and progress into 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 exceptions or additional terms and conditions related to Agreement, IFB , and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in IFB 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://vendors.planetbids.com/portal/20137/portal-home. B idder s shall be responsible for
monitoring the site to obtain information regarding this solicitation.
F. U
NDERSTANDING BID
It is the responsibility of each Bidder to inquire about any criteria, condition, term, provision, or requirement of the IFB that the Bidder does not understand. Responses to inquiries, if they significantly change or clarify the IFB requirements or any aspect of the procurement process, will be forwarded by addenda to all Bidder s. The City will not be bound by any oral responses to inquiries. By submitting bid s, Bidders assert that they have fully read the IFB and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Bidder.
Each Bidder accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. WITHDRAWALS
Bidders are responsible for verifying all prices and information before submitting a bid.
Prior to the bid due date, the Bidder or Bidder’s representative may withdraw the bid by providing written notice of the bid withdrawal to the Buyer(s) . Verbal or telephonic withdrawals are not permissible.
H. PROTEST PROCEDURES
Only respondents who have actually submitted a bid may file a “protest” to an IFB with the City’s Purchasing Department. In order for a Bidder’s protest to be considered valid, the protest must:
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1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of IFB 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 recommendation 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 protest 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 designated City staff me mber, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
I. 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 contract between Contractor and another public agency.
J. BUSINESS LICENSE
The City requires any person, including but not limited to, an individual, corporation, Contractor, Subcontractor, and Sole Proprietor who wishes to conduct any business within the City of Santa Ana must secure a City of Santa Ana business lice nse prior to the execution of a contract. 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 Agency at (714) 647-5447 or on the City’s website www.santa-ana.org.
VIII. BID RESPONSE INSTRUCTIONS
The following forms, included in this IFB, shall be signed and included as part of the bid submittal package:
• A TTACHMENT A: BID FORM
• ATTACHMENT B: REFERENCES
• ATTACHMENT C: REFERENCES
• ATTACHMENT D: DEBARMENT QUESTIONNAIRE
• ATTACHMENT E: NON-LOBBYING CERTIFICATION
• ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
• ATTACHMENT G: NON-COLLUSION AFFIDAVIT
• ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
• ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
• BID BOND PER IFB SECTION V BID BONDS
• ONLINE PRICE SUBMITTAL AT “LINE ITEMS” TAB ON PLANETBIDS
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The bid must be completely responsive to the IFB . Incomplete bids will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all bids submitted and no representation is made hereby that any commitment will be awarded pursuant to this IFB or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Bidder.
• A ttachment G: Non-Collusion Affidavit must be notarized.
IX. TERMS AND CONDITIONS
See Exhibit 2 – TERMS AND CONDITIONS
X. INSURANCE REQUIREMENTS
See Exhibit 3 – Insurance Requirements
XI. AWARD PROCEDURES & CRITERIA
A. Award: The following criteria will be included in the evaluation process for selection of the award recipients(s):
1. A bility to meet specifications;
2. Proposed price;
3. Delivery lead time;
4. Past record of performance in providing similar services; including such factors as timely response and cooperation.
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re-soliciting of the bids, or to take such other course of action as the City deems appropriate at the City’s sole and absolute discretion. The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.
B. L ocal Preference Points : The City encourages the utilization of small, local businesses on projects ranging from $15,000 to $100,000 in total cost.
1. F
or the purposes of evaluation, bids will be reduced by s even (7%) percent for small Santa Ana businesses for projects between $15,000 and $100,000 in total cost.
2. For the purposes of evaluation, bids will be reduced by four (4%) percent for small Orange County businesses for projects between $15,000 and $100,000 in total cost.
Per City of Santa Ana Ordinance NS -2828, “In order fo r the preference to apply, a bidder must certify under penalty of perjury, that the bidder qualifies as a local business or Orange County business. The preference is waived if the certif ication does not appear on the bid.” Additionally, respondents must provide a copy of their Department of General Services small business certification in order to qualify for Local Preference Points. The City does not accept small certifications from any other agency.
C. S
election: The City is under no obligation to accept any bid and reserves the right to negotiate with respondents as to fees and terms. The City may reject bid s at its sole discretion. If bid fails to satisfy any requirements outlined in this IFB, it may be considered non-responsive and may be rejected.
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The City shall not be obligated to accept the lowest priced bids, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Bidders to the City Council or City Manager for award of contract, as appropriate.
XII. ALTERNATIVES
All bids with material substitutions or deviations from the specified items will be rejected as non - responsive. Bidders must submit a request for pre -approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions. The City has the option of a ccepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on “equals” are encouraged, however, the Bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.
XIII. PRICING REQUIREMENTS
Bidders must supply all bid items and provide unit prices for all items listed in this IFB, including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non- responsive.
1. Prices shall be FOB Destination Santa Ana
2. Prices must not include sales tax.
3. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.
4. Fees for delivery, shipping and handling, and freight (if any) must be noted.
XIV. TAX
The City is exempt from Federal Excise Tax. Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.
XV. ADDITIONAL TERMS AND CONDITIONS
A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State 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 execute 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 Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing 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.
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 prevailing wag e rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed City of Santa Ana
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as part of an applicable “public works” 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 wages 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 worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid 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 sect ion 1771.1(a)]. No contractor or subcontractor may be awarded a contract 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 submitted electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations 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 comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to com ply with the Regulation.
E. SITE INSPECTIONS
When appropriate, Bidders are encouraged to examine the locations, physical conditions and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor City of Santa Ana
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from fulfilling the obligations of the Contract. The City shall assume that Bidders have investigated and are satisfied with the expected conditions, quality of the work to b e performed, and the requirements of these specifications.
F. SAMPLES
When required, Bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon request made at the time the sample is furnished, be returned at th e Bidder’s expense.
G. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.
H. 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 Contract 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.
I. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.
J. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications 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:
a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related 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 significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work.
f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited City of Santa Ana
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to injury or 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 harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining 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, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.
K. 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 safeguard and protect City 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 property and/o r 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.
L. 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.
M. RECORDKEEPING AND REPORTS
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 shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.
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a. Equipment:
i. Compressors:
1. (x2) Quincy QGSV-30-120TM VFD Air Compressor, or approved equivalent
2. Power: 30 HP @ 145.0 PSIG
3. Voltage: 460/3/60
4. Airlogic 2 Controller
5. SSRV VFD Motor Starting
6. TEFC High Efficiency Drive Motor
7. Air After-cooler with Pre-Piped Moisture Separator and Drain
8. True Blue 5 Year Warranty
9. Low Sound Enclosure (66-69 dBA)
10. Phase Monitor
11. Auto Restart after Power Failure
12. Receiver Tank: 120 gallon
ii. Air Dryer:
1. (x1) ZEKS 250 HSFA4 SS Cycling Air Dryer, or approved equivalent
2. Voltage: 460/3/60
3. SS Heat Exchanger
4. Compustat Controller
iii. (x1) Quincy PPFC-1000 CV-2 Flow Controller, or approved equivalent
1. Set Point Range: 0-160 PSIG
2. Maximum Pressure: 300 PSIG
3. Available Flow (Capacity): 1000 CFM
4. In/Out Connection: 2 inch NPT
5. Dimensions: 8.1 X 8.6 x 7.3 inches
iv. (x1) Stelsep CRS-450 Emulsion Separator, or approved equivalent
1. Advanced Filter Media
b. The Contractor shall tie into existing systems as required. No modifications or upgrades to existing air lines, drain lines, valves, solenoids, or electrical infrastructure are included unless otherwise directed and approved by the City.
c. The system is intended to operate with:
i. One compressor as primary (lead)
ii. One compressor as secondary (lag/backup)
d. The system shall be capable of:
i. Automatic lead/lag rotation to balance runtime
ii. Operating both compressors concurrently during peak demand conditions iii. Contractor shall ensure all equipment is properly sized and compatible with this operating sequence
e. Equipment Removal: The Contractor shall remove existing air compressors. Payment for transportation and disposal of excess materials and removed debris shall be considered as included in the contract, and no additional compensation shall be made therefor.
EXHIBIT 1 –
SPECIFICATIONS
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CITY OF SANTA ANA
f. Equipment Installation: The Contractor shall handle the installation of the new air compressors.
g. Materials: Unless specifically indicated or provided in advance by the City, the Contractor shall provide all equipment and materials to complete this project. No equipment, materials or personnel shall be provided by the City for this purpose.
In the event additional labor or materials are required, the Contractor shall submit a formal quote with all materials and labor listed. The quote shall be preapproved by the Public Works Agency prior to any work being performed and shall be invoiced accordingly.
h. Site Protection: The Contractor shall be responsible for any damage to the existing site and restore it to its original conditions at the Contractor’s expense.
City of Santa Ana
IFB No. 26-031
B. Contractor r
epresents that Contractor is able and willing to provide such services to the City.
C. In undertaking the p
erformance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in cons
ideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor sh
all 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 Contractor 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 under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by Cit
y shall be made within 45 days ( forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreemen
t shall commence on [enter a Start Date or “the date first written above” ] for a Briefly describe expertise sought and the scope of work the consultant (engineering) services will perform.
EXHIBIT III
SAMPLE AGREEMENT
CONTRACTOR AGREEMENT
CITY OF SANT
A ANA
THI
S AGREEMENT is made and entered into this day of , 2020 by and between ___________________________________________________________, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of t
he State of California (“City”).
RECITALS
A. The City de sires to re tain a Contractor having special skill and knowl edge in the field of:
EXHIBIT 2 –
SAMPLE TERMS AND CONDITIONS
City of Santa Ana
IFB No. 26-031
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 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failu re to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be c onstrued to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical draw ings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is grante d a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
A. INSURANCE: Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
City of Santa Ana
IFB No. 26-031
MINIMUM SCOPE AND LIMIT OF INSURANCE
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 California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
City of Santa Ana
IFB No. 26-031
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non- payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, c ontractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for City of Santa Ana
IFB No. 26-031
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non- use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
City of Santa Ana
IFB No. 26-031
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construe d to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
City of Santa Ana
IFB No. 26-031
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange Count y, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees , for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
21. 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
City of Santa Ana
IFB No. 26-031
Fax: 714- 647-6956
With courtesy copies to:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitt ing facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
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:
Nabil Saba, PE
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
City of Santa Ana
IFB No. 26-031
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, PE
Executive Director
Public Works Agency
(name)
(title)
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter , insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub- contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $1,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract .
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non- payment.
EXHIBIT 3 –
INSURANCE REQUIREMENTS
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M -XX, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at l east five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein.
Indicate unit price for each line item. Total bid is to be firm offer for no less than one hundred and eighty (180) calendar days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.
PRICING SHALL BE ENTERED IN PLANETBIDS.
ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES . BID ITEM
QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED.
Signed:
Title:
Firm:
Date:
ATTACHMENT A –
BID FORM
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
__________________________________________________________________________________
LEGAL NAME OF COMPANY TYPE OF BUSINES STRUCTURE
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
E-MAIL ADDRESS PHONE NUMBER
__________________________________________________________________________________
DIR NUMBER CONTRACTOR LICENSE NUMBER
SMALL, LOCAL BUSINESS PREFERENCE
Is your firm claiming small, local business preference for this solicitation? Yes, my firm is a small Santa Ana business*
Yes, my firm is a small Orange County business**
No, my firm is not claiming local business preference
*Small Santa Ana business shall mean a business certified by the state department of general services as a small business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries of the city, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement.
**Small Orange County business shall mean a business certified by the state department of general services as a small business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries of Orange County, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement.
IF YOU ANSWERED YES, THEN YOU MUST SUBMIT YOUR BUSINESS LICENSE AND CA DEPARTMENT OF GENERAL SERVICES SMALL BUSINESS CERTIFICATION WITH YOUR BID. A post office box address within the city shall not qualify as a valid business location.
Bidder understands and agrees that this written IFB (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Bidder 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 her approval of the form of this document, and its execution, and when it or an exact ATTACHMENT B –
BIDDER’S CERTIFICATION
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
copy of it has been either delivered to Bidder or deposited with the United States Postal Service properly addressed to the Bidder with the correct postage affixed thereto.
Bidder further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all 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 Bidder’s bond substituted in lieu thereof accompanying this bid 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 neces sary 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 Bidder ’s bond substituted in lieu thereof shall be returned to the undersigned.
Bidder understands that a bid is required for the entire work, that the estimated quantities set forth in the IFB schedule are solely for the purpose of comparing bids, 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 reference into this agreement and are made specifically as part of this IFB.
Certification - I certify that I have read, understand and agree to the terms and conditions of this Invitation for Bids. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my bid.
BIDDER’S STATE MENTS: I have read, understood and agree to the terms and conditions on all pages of the Invitation for Bids, including all Exhibits. I am able to provide the required insurance coverage and endorsements.
Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
CHECK ONE (1) BOX BELOW
I have read, understood and agree to any and all provisions, including but not limited to insurance requirements and terms and conditions, contained in Exhibit 2 – Sample Terms & Conditions and Exhibit 3 – Insurance Requirements.
I have concerns to the provisions contained in Exhibit 2 – Sample Terms and Conditions and have included them in my bid submission for consideration.
CHECK ONE (1) BOX BELOW
Are you registered, active, and in good standing with the California Secretary of State? Yes
No
Comments: ________________________________________________________________________________
Signed:
Title:
Firm:
Date:
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Consultant shall provide three (3) references from other similar public agencies for which services similar to those specified in this IFB have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references for additional information regarding your firm's qualifications.
City may disqualify a Bidder if:
• References fail to substantiate Bidder’s description of services and deliverables provided; or • References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Bidder’s responsibility to inform the point of contact(s) of normal City working hours.
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the bid specifications.
Attach additional pages if required.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
ATTACHMENT C –
REFERENCES
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The (Proposer/Bidder/Contractor/Consultant) shall complete, under penalty of perjury, the following questionnaire:
Has the (Proposer/Bidder/Contractor/Consultant), any officer of the (Proposer/Bidder/Contractor/Consultant), or any employee of the (Proposer/Bidder/Contractor/Consultant) who has a proprietary interest in the (Proposer/Bidder/Contractor/Consultant), ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes_________ No________
If the answer is yes, explain the circumstances in the following space:
ATTACHMENT D –
DEBARMENT QUESTIONNAIRE
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The prospective participant certifies, by signing and submitting this bid or bid, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or bid 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:
ATTACHMENT E –
NON-LOBBYING CERTIFICATION
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including app renticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatene d with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
ATTACHMENT F –
NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(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 bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid , or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above non-collusion affidavit is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of this non- collusion affidavit. Bidder s 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 Notary Public Seal
ATTACHMENT G –
NON-COLLUSION AFFIDAVIT
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS 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 perform 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 Con tract 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, additional 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 and 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.
ATTACHMENT H –
SUBCONTRACTOR DESIGNATION FORM
City of Santa Ana
IFB No. 26-031
CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
In-Use Off-Road Diesel-Fueled Fleets Regulation
The In -Use Off -Road Diesel-Fueled Fleets Regulation (Off -Road Regulation) applies to all self- propelled off-road diesel vehicles 25 horsepower or greater used in California and most two -engine vehicles (except on -road two- engine sweepers). This includes vehicles that are rented or leased (rental or leased fleets).
Bidder hereby acknowledges that they have reviewed the California 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 “Regulati on”). 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, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation 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 proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regul ation pursuant 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 emergency 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 (if applicable)
ATTACHMENT I –
CARB FLEET COMPLIANCE CERTIFICATION
City of Santa Ana
IFB No. 26-031