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HomeMy WebLinkAboutBIG BEN ENGINEERING4RANCE NOT ON FILE 'I NOR MAY OC PROCEED ERA G DATE: 12 / a i/202o A-2020-245-03 U • W(0) AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Big Ben Engineering ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 20-106 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 20-106 and addenda thereto, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of four contractors selected to provide services on an on -call basis under RFP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. 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. Page 1 of 8 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Page 2 of 8 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 8 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 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. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 Page 5 of 8 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Big Ben Engineering 4790 Irvine Blvd, #105-404 Irvine, CA 92620 Attn: Sepehr Sharifi, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14.. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the ternis of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 6 of 8 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, Page 7 of 9 A-2020-245-03 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: D. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By V, Ig. t Jobfi M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name: Sep Sharifi Title: President Page 8 of 8 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." City of Santa Ana RFP 20-106 Page Al-1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CZ' 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 Famish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type "B," W=10' ) 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 (Caltrans) 50 LF 13 Traffic Control Work 1 I LS City of Santa Ana RFP 20-106 Page Al-2 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pipe (RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10') 1 EA 7 Traffic Control Work 1 LS SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Pronosal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. City of Santa Ana RFP 20-106 Page Al-3 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. SUBCONTRACTORS Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed City of Santa Ana RFP 20-106 Page Al-4 • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. City of Santa Ana RFP 20-106 Page Al-5 Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 Page Al-6 Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1- Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee City of Santa Ana RFP 20-106 Page Al-7 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 Page Al-8 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include fall compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract City of Santa Ana RFP 20-106 Page Al-9 Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1- Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. City of Santa Ana RFP 20-106 Page Al-10 Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 Page Al-11 Item No. 6- Catch Basin (Type "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with theprovisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 Page Al-12 EXHIBIT B General CAulralie((e/ Deivlopmenll Pmjel A lanagemmi City of Santa Ana Attn: Project Manager Monica Suter Public Works Agency 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Dear Ms. Suter, Big Ben Engineering has been doing business in Southern California for over 20 years. Big Ben is a General Engineering contractor specializing in wet utility pipeline construction. As a leading professional pipeline contracting company, we have the experience and knowledge you can trust to keep your project running safely, on time, and wid-ing budget. We have completed numerous successful public and private projects to date. We are licensed, insured, bonded and adhere to all local, state and federal regulations when performing our work We currently have emergency MSA contracts with multiple cities and water districts for all their needs. In addition, we work closely with City of Santa Ana water department for numerous vault and meter replacement projects. Please sec attached lift of our recent projects. Peel free to contact me with any further questions. In addition, as President of this company, I have full legal authority to bind and sign on behalf of Big Ben Engineering Inc. Regards, President J-vn IRVINI: RI.\'U alai 9111. III\INI I 1 926211 15110N1. 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V u u U u U V U PvOn 4bVn� e o _ F�OO 1 ou ^0hO ULa V N Omd NnP�o't CC)�F1, bOU �amC) NG C OmCg�pPP P fC N P N~. Cn U p}or B �P .°jN aP � a E E b E m o `a m E y E 1 3 CL E u u c E o v a a H 6 o y eme E d s a o E m S e 'Q a m ' a, c ° e ° E m ° g C m e b ° �n m d m $ m E m m w e n b 3 i o e a H a 3 a Q e ,; Ix m d o a m z° E m u N C a H s „ Y b 9 ` GI C a a g m; u 3 3 • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements • Statement Regarding "ANTI -KICKBACK" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements City of Santa Ana RFP 20-106 Page Al-22 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: y`qv 1rviNe ulyol. #F/OS- Yoq 1rviKe Clt q,dpo Business E-Mail Address: 5 e Telephone: q q J-- y0 o—! t o 0 State Contractor's License No. and Class: A - 7 71q y 7 License Expiration Date: ©DI - a g - 22 State Dept. of Industrial Relations (DIR) Registration No.: O Q O O oo 7 y6 6 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: 30/?aa2 My of Santa Ana RFP 20-106 Page Ai-23 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct, Name of Firm /7 is Aeq L'k f)LPCer Signature of CONTRACTOR Title (if an individual, so City of Santa Ana RFP 20-106 Page Al-24 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: _ CITY OF SANTA ANA ) -CA �f//- 54, Y ,, j , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she Is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: prPfI-ejeA is making ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage aga' t the City of Santa Ana or any person interested in the proposed contract, for himself or any other pe n. Signature O CTOR Subscribed and worn to before me this mod' day of _L�Gfab,�r 20 -�-d Signature of o cer Administering Oath otary Pub ) SEONWO KIN COMMA 2184302 Air Cow, EXP. ttea. 22, 2J2t� City of Santa Ana RFP 20-106 Page Al-25 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name Lope7. C. o N .5 I r cIe , 0&1 Name License #/Ex . $ `f 0 % $ 9 License #/Exp. DIR Reg. #/Exp. /o o 0 o 017 S 4D DIR Reg. #Bxp. Location o r o a aR CA Location Y c Phone y - 6 — ro ! 8 Phone Type Of Work Stun« n rA i h Type Of Work Amount $ Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ M� +tSIT License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of CON CTOR License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp, DIR Reg. #/Exp. License # Location Phone Type Of Amount $ City of Santa Ana RFP 20-106 Page Al-26 Addendum No. 2 Page 5 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 1. 2. 3. Naing �l Y� T / and Address of Owner. Vf/ S ? 7 O V I C4 1 Mrt kGA gIyrA ' S %O( Name and Telephone Numb r of person familiar ith project. 1 $l-%A1 sforwt Oraih �Sewc•-A'Ale O 47oA0 Contract Amount Type of Work Date Completed Name and'Felephone Number ofperson familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. 41;c) K Contract Amount hie of person familiar with project. o " I�cP �r� %Jrai•+ Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. City of Santa Ana RFP 20-106 Page Al-27 Addendum No. 2 Page 6 of 6 REFERENCES. (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has perfanned similar work in the past five years. togrSid-1- CoQn� '1�rMvt-.-e„+ 10Bo 1eron St Ruyts't G4 O)�SUI Name and Address of Owner. Hail 2wWfD- 0 Name and Telephone Number of person familiar with project. a $, GOCD c-A. r,-..'prrm �JirvGhl�'Y-5 Contract Amount Type of Work r oary 2,02D Date Completed 2. VjLcaf C.oNiMI 19`)S Si- 9,,v,-"C;¢ C-k C12501 Name and Address of owner. Name and Telephone Number of person familiar with project. 11/10'00o S}pyY7 ` k%q SI vu ftt2S Contract Amount Type of Work Date Completed 3. i .ti y J DvrFav, �() 3D 3 E- t+ 1� and Address of owner. Name and Telephone Number A�Ilo,cw Contract Amount -730 - of person tannuarwnn project. S1j S�i^tx�iries Type or Work Date Completed 'File following are the names, addresses, email addresses, and telephone numbers oral] brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. i\f K SL rl ltu'I'+ G i)Srn I12# �:'nsurt'-ec sr�,LL S1� 3S9 -o-(SD City of Santa Ana RFP 20-106 Page Al -28 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR declares that the this Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any CONTRACTOR or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Fee Proposal costs of the CONTRACTOR or any other CONTRACTOR, or to fix any overhead, profit, or cost element of the Fee Proposal, or of that of any other CONTRACTOR, 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 Proposal are true; and, further, that the CONTRACTOR 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, Proposal 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 Proposal. CONTRACTORS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 6E& oe Subscribed and sworn to (or affirmed) before me on this >-a day of(' biar , 20N by gmin& Skart& , proved to me on the basis of satisfactory evidence to be the personW who appeared before me com'I 2184302 MOTIORRf GECWN N �� W Caw. Et�v. WA. tt, 20Q1 Notary blic Signature Notary Public Seal City of Santa Ana RFP 20-106 Page At-29 The prospective participant certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her 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 an ose accordingly. Signed: (J Title: (Yf S IL Firm: I P h / h e. Date: I d- l a a City of Santa Ana RFP 20-106 Page A1-30 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor 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. The Contractor shall fumish 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 Contractor'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 Contractor 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 maybe 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. City of Santa Ana RFP 20-106 Page Al-31 The Contractor 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 Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request 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 contractor of public works violating this Section is subject to aljoo penalties imposed for a violation of the Chapter. Signed: Title: PYrf J i e a I Firm: Date: /©� City of Santa Ana RFP 20-106 Page Al-32 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which be/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Cou Signed: — Title: Firm: �'j l y P7C'ti 1hC, Date: City of Santa Ana RFP 20-106 Page Al-33 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any,Wy of the compensation to which he/she is otherwise entitled. Signed: Title: F" E,, W e n T Firm: i j �� �h `. Date: 16) — l - d t' d City of Santa Ana RFP 20.106 Page Al-34 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposingfbidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. City of Santa Ana RFP 20-106 Page Al-35 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/vwa/dociuntmnents/CWA.D The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFD's Section ME "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section IH.E "Licenses & Permits." Signed: Title: � Fr" rel", Firm: Date: /� — / �' a 0 City of Santa Ana RFP 20-106 Page Al-36 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 0 6-0. b 0 4P. 5-o 0 2 AC Pavement 130 TN $ V- 0 0 j 7 0 0 3 Furnish and Install #6 Pulibox 4 EA $ 5-00. 00 cl,000 4 Adjust Manhole to Finished Grade 5 EA 9S0.0 0 75'0 5 PCC Curb and Gutter a A-2-8 100 LF qO. 0 D V 11 00"0 6 Si nin and Stri in I LS T1, 00 c) 00� 7 Traffic Control Work 1 LS ,? So 5O o Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 770.0-J $27 50a 2 PCC Sidewalk T=4" 2,500PLF I R. 0 O -li 0 Oo 0 3 PCC Curb Ram 3,000 ) s o p YS O O D 4 PCC Curb and Gutter (Type A-2-8 100$Y0, O ii41 q, t1 O 0 5 Fumish and Install 46 Pullbox 4 EA 500. 00 O 0 o 6 Adjust Manhole to Finished Grade 5 EA S0. o p SO 7 Catch Basin a `B," W=10' 1 EA 5, O o 0 1 S 0 0 J 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF ?S0.0 0 $ $ ] 50 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF $ /00. O O 1 4 'S 00-0 10 Guard Rail Replacement Temunation Caltrans 1 EA $2,000.ou 0 0-O 11 Remove and Replace Chain Link R/W Fence 50 LF $ 75, 00 3 7 5-D 12 Concrete Barrier Type 836 Caltrans 1, 0 0 0 g o 00 0 13 Traffic Control Work LiLLS a S 0-0 S O City of Santa Ana RFP 20-106 Page At-2 Addendum No. 2 Page 4 of 6 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 C1' $0. 0 0 27 Sou 2 AC Pavement 130 TN 170.00 kk.7001 3 Remove and Replace 18" Corm ated Metal Pipe (CMP) 75 LF 70 ($ 75D 4 Remove and Replace 18" Reinforced Concrete Pipe RCP 75 LF Q 75. 0a ao Of 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF oi7� v� a0�W 5' 6 Catch Basin MTe "B " W=10' I EA 15' 00 ts0410 7 Traffic Control Work 1 LS 50 v, ?, So 0 SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. City of Santa Ana RFP 20-106 Page Al-3 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Vlllagas COUNCILMEMBERS Phil Became Neilda Mendoza David Peneleza Vicente Sarmlentc Jose Solodo CITY OF SANTA ANA 20 Civic Center Plaza a P.O, Box 1988 M-22 Santa Ana, California 92702 www.santaana.om October 6, 2020 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Delay Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarlfications have been made to the above Request for Proposal: 1. QUESTIONS/ANSWERS QUESTION #1: This question is in regards to license requirements. PlanetBids description states... "Class (A, C- 8 or C34)." RFP page 2 of 55 states in bold "Class (A or C34 & C-10). Which would be the correct requirement? ANSWER: Class (A, C-8 or C34). See attached Addendum 41 where Page 2 of the RFP is replaced with the attached with the only update to clarify the licenses required. All other terms and conditions of the RFP remain unchanged. If you have any further questions, please post on Planetoids. Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 1 SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Vluegas Vleenlo Semdento David Penaloza Jane Solodo Phil samna Nellda Mendoza Mayor Mayw Pro Tem. Ward S Ward Ward Ward Ward4 Wards moulldoalsahm4na, vsarmkmuAwm1a-ana.om dnonelo.R.nlom,m.oro helmlo®ssnle-annnm Dimparremesnlaana.om nmendozefdtaanta-anaom Addendum No.1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for: On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services Responses to this Request for Proposals (RFP) will be accepted until Tuesday, Oct 13, 2020, at 11:00:59 a.m. The successful Proposer must possess or obtain a valid California Class (A or C34 & C-8) Contractor's license prior to the award of contract. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than: Tuesday, Oct 13, 2020,_at 11:00.59 a.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. it is a "SEALED PROPOSAL FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.20-106 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Project Manager Monica Suter Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 NOTE: The FEE PROPOSAL shall be included within a separate sealed envelope within the same hard copy submitted For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at hLtps://www.planetbids.com/portal/v-ortal.cfm?CompanyID=20137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 20-106 Page 2 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Peneloza Vicente Sarmiento Jose Solodo CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-22 Santa Ana, California 92702 wom.santa-ana.ara October 12, 2020 ADDENDUM TWO CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Delay Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. The new Bid Closing Date is: Tuesday, October 20, at 11:00 am (both electronic and hard copy); 2. The new deadline for questions and clarifications is: Thursday. October 15, 2020. 3. Six Pages of the RFP have been replaced: The Cover Page, Notice Inviting Proposals, Page 14 and Page A1-3, Al-27 and A1-28, see attached. 4. Clarifications: a. There is NO BID BOND REQUIRED FOR THIS SUBMITTAL --see updated RFP No. 20-106 (including replaced pages). b. This project is unique as an RFP for On -call Construction/Repair Services for the City on an As -needed, On -call and Emergency basis. c. The Separate FEE PROPOSAL information is mainly for comparison/evaluation purposes along with the schedule of rates per firm as required in the RFP. d. For work required, companies will be asked for a specific quote from each of the qualified firms with agreements per category. Fallowing a comparison of each on -call or emergency service repair quote received, the City will issue a Notice to Proceed on a Task Order basis, as required. All other terms and conditions of the RFP remain unchanged. Any additional � r�o Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 2 SANTA ANA CITY COUNCIL Mlgael A. Pulldo Juan Mllegas Vleento eamderdo Dwld Penalmm Jose 6010do Phg Bmwa Nedde Mendoza Mayor Mayor Pro Tom, Word 5 Ward Wald2 WeN3 Wmd4 Word meulldo(aaenN.M1.00 Mlleoas(dsam"MIMymuOamudbsentamma m dnena1m m*mmUana.om wolarloasmyt.ma.ara abaretm/Aeentaana.om hMQm1Wa6D1mWQan0.am ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Monica M. Suter, PE, TE, PTOE Project Manager for Release: Edwin "William" Galvez City Engineer Public Works Agency UPDATED KEY RFP DATES (.Subiect to chance at discretion of Cit Advertisement/Issue Date: Tuesday, Sept 22, 2020 Deadline for Requests for Information: Thursday, Oct 15, 2020 Pre -Proposal Meeting (optional): There is no scheduled meeting Proposal Due Date: Oct 20, 2020,11:00:59 am Projected Award Date (Anticipated): December 1, 2020 City of Santa Ana RFP 20-106 Page 1 Addendum No. 2 Page 2 of 6 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for: On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services Responses to this Request for Proposals (RFP) will be accepted until Tuesday, Oct 20, 2020, at 11:00:59 a.m. The successful Proposer must possess or obtain a valid California Class (A or C34 & C-8) Contractor's license prior to the award of contract. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than: Tuesday, Oct 20, 2020, at 11:00:59 a.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a "SEALED PROPOSAL FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.20-106 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Project Manager Monica Suter Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 NOTE: The FEE PROPOSAL shall be included within a separate sealed envelope within the same hard copy submitted For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at httl)s://www.planetbids.com/i)ortal/l)ortal.cfm?CompanylD=20137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 20-106 Page 2 Addendum No.2 Page 3 of 6 • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements V. PROPOSAL REVIEW (CONTRACTOR SELECTION) A. EVALUATION AND RATING Refer to SECTION I.C. B. SELECTION The committee may or may not interview the top ranking proposers. The City will recommend award of the agreement to the proposers who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT ilft �[1II+I3K�I�1�L Val Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved. 1I " f 1711l-mu L_a Zy.v i (tro NOTICE TO PROCEED A formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 20-106 Page 14 EXHIBIT C QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 0 6O. O O 4V. go O 2 AC Pavement 130 TN -f f0. 0 0 4 ) ( 7 0'0 3 Furnish and Install 46 Pullbox 4 EA $ 500. 0014cl00 O4 Ad'ust Manhole to Finished Grade 5 EA 950.0 0 S05 PCC Curb and Gutter a A-2-8 100 LF � 170. 0 a 0a- 6Si in and Sari in 1 LS ai o 0 J 0'07 Traffic Control Work 1 LS ,? So -0 O 0 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY S'O.O- ;? % 50-a 2 PCC Sidewalk T=4" 2,500 SF I a.O O -00 00 0 3 PCC Curb Ramp 3,000 SF is o 0 YSOO o 4 PCC Curb and Gutter (Type A-2-8 Inn LF qQ, p aI q,L 0 0 5 Furnish and Install #6 Pullbox 4rEA $ 500. 00 9 0 0 0 6 Adjust Manhole to Finished Grade 5$ S0. 0 0 52 7 Catch BasinT e "B;' W=10' 1l rooO .$lT00J8 Remove and Re lace 30" Reinforced Concrete Pie 75 250. o O $ $ 75-0 9 Guard Rail Re lacement Caltmns RSP A77N4 50jl/op.OD 'S 00.010 Guard Rail Re lacement Termination Caltrans 1t�+ 000.00 00-O 1 I Remove andRe lace Chain Link R/W Fence 50 $ 75.00 7 y-012 Concrete Barrier T e 836 Caltrans 50 0 ° O $ 0 00 p 13 Traffic Control Work 1 LS City of Santa Ana RFP 20-106 Page Al-2 Addendum No. 2 Page 4 of 6 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY $0, o 0 27,5700 2 AC Pavement 130 TN 170.00 1 '700 3 Remove and Replace 18" Corrupted Metal Pipe (CMP) 75 LF r S o . a o I6 75D 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF 2 7S. Oa q0 WS- 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 1 LF J ;75'- p J a0 W lr 6 Catch Basin a "13" W=10' 1 EA iJ;j DO J 1C,'d00 7 Traffic Control Work 1 LS $00 ?,5-00 For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. I£ required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be avallable on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. City of Santa Ana RFP 20-106 Page Al-3 Digil Tori Pierson Date: 210021gnedb08:55:35e0800' BIGBENC-01 KGOAD ACORO°° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 11/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0M70471 Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC 1800 Quail Street, Suite 110 CONTACT Kennail Goad NAME: PHONE FAX (A/C, No, Ext): (949 ) 284-6044 (A/C, No): E-MAILkgoad@orionrisk.com Newport Beach, CA 92660 INSURER S AFFORDING COVERAGE NAIC # INSURERA:Starr Surplus Lines Ins. Co. 13604 INSURED INSURER B:Depositors Insurance Company 42587 INSURER C: Nationwide Mutual Insurance Company 23787 Big Ben, Inc. INSURER D : *Travelers Property Casualty Company of America 25674 4790 Irvine Blvd. #105-404 Irvine, CA 92620 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X 1000066896211 4/5/2021 4/5/2022 DAMAGE TO RENTED PREMISES Ea occurrence 100 000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JECT El LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO X X ACPBA3100136937 7/1/2021 7/1/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE 1000337276211 4/5/2021 4/5/2022 AGGREGATE $ 4,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEXECUTIVE OFFICER/MEMBER EXCLUDEDE D? (Mandatory in NH) NIA X ACPWC3100135937 7/1/2021 7/1/2022 X PER OTH- STATUTE ER E. L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Pollution Liability 1000066896211 4/5/2021 4/5/2022 Each Claim 1,000,000 D Equipment Floater 6607NO92607TIL21 4/5/2021 4/5/2022 Rented/Leased Equip 160,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect is named as additional insured when required by written contract per the attached auto and General Liability endorsement. Primary and noncontributory coverage applies when required by written contract per the attached General Liability endorsement. Waiver of Subrogation applies per the terms of the attached Automobile Liability and Workers' Compensation endorsements and General Liability endorsement. SEE ATTACHED ACORD 101 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROV._._. AUTHORIZED REPRESENTATIVE E S&APPRavEDft. CC '�. '!.,m' ,«,•." .:nRisls Mana9enxirACleriralAicRe ACORD 25 (2016/03) ©1988-2015 ACORD C( 61!" The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BIGBENC-01 KGOAD LOC #: 1 A 0, ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License # OM70471 NAMED INSURED Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC Bigg Ben, Inc. 4790 Irvine Blvd. #105-404 Irvine, CA 92620 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE ,SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: 30 Days Notice of Cancellation (non -reporting if applicable) apply per policy provisions. ACORD 101 (2008/01) © 2008 ACORD COR ....R IdA.n ,gemen1OY i-lAadc � I The ACORD name and logo are registered marks of ACORD Big Ben, Inc. POLICY NUMBER: 1000066896211 Effective 04/05/2021 - 04/05/2022 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 n", & APPRavm f. �-, 6,t �Rmli A&—.g—1 Cl eri-lA do 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 n", & APPRavm f. �-, 6,t �Rmli A&—.g—1 Cl eri-lA do Big Ben, Inc. POLICY NUMBER: 1000066896211 COMMERCIAL GENERAL LIABILITY Effective 04/05/2021 - 04/05/2022 CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 n", & APPRavm f. �-, 6,t ""'""' Rmli A&—.g—1 Cl eri-lAd a �.7, Burr Surplus Lines Insurance n Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066896211 Effective Date: April 5, 2021 at 12.01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Steve Blakey, Presid6fit Nehemiah E. Ginsburg, Genera Counsel & APPRiavm 9r. �_, n", 0,t SL 023 (06/11) — Rml, A&a .ge —1 Cl efi-1 AadB Copyright © C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Big Ben, Inc. POLICY NUMBER: ACPBA3100135037 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: SUMMARY OF COVERAGES A. Effect ofThis Endorsement B. Newly Acquired ofFormed Entities C. Emp|oyeeeoeineurede—NonovvnedAutoe D. Additional Insured byContract, Permit orAgreement E. Supplementary Payments — Bail Bonds F. Supp|ementoryPoymenba—LoeeofEorninge G. Personal Effects and Property ofOthers Extension H. Prejudgment Interest Coverage |. Fellow Employees J. Hired Auto Physical Damage K. TempororySubetituteAubue— Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan orLease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types 0. Deductible Amendments P. Expanded Transportation Expense Q. ExtroExpenee—Sto|enAutoe R. Physical Damage Limit ofInsurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage V. Transfer ofRights [fRecovery Against Others ToUe W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70060316 Includes copyrighted material ofInsurance Services Office, Inc n", �-, '70"'e P&-Wog COMMERCIAL AUTO AC 70000310 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement ehoU apply instead of the provi- sions of this endorsement that are in oonOict, but only to the extent of the oonOict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained inthe provieion(e)ofthe state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown inthe Declarations is amended to include any organization you newly acquire or form, other than o partnership, joint venture, or limited liability oompony, and over which you maintain ownership or majority (more than 50Y6) interest; if there is no other similar in- surance available tothat organization. Coverage under this provision is afforded until the 180m day after you acquire orform the organization or the end ofthe policy period, whichever ielater. C. EMPLOYEES AS INSUREDS — N0N0VVNED AUTOS The following ieadded toparagraph A.1.Who |e An Insured of SECTION || —00VERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is on "insured" while using ocovered "auto" you don't own, hire or borrow in your business oryour per- sonal offoire. D. ADDITIONAL INSURED BY C0NTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION || — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as on additional insured in o written contract or agreement that is executed or signed by you prior to o "bodily injury' or ''property damage" occurrence is on ''ineunud^ for Covered Auto Liability coverage. How- ever, with respect to covered ''oubue^, such person or organization is on insured only to the extent that person or organization qualifies oeon''ineunud^under A.1.Who ieon Insured of SECTION || — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph obove, any coverage provided by this endorsement to on additional insured ehoU be primary and any other valid and collectible insurance avail- able to the additional insured ehoU be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional ineunud'e coverage to be non-oontribubury, then this insurance will be excess over any other valid and collectible insur- ance ovoi|ob|etotheodditiono|ineunud. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION || — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Upbu$3.000for cost ofbail bonds (including bonds for related traffic law violations) re- quired because of an "accident" we cover. VVedonot have tofurnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of SECTION || — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" otour request, including actual |oee of earnings upto$1.000 o day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Conu. Custody or Control Exclusion of SECTION || — COVERED AUTOS LIABILITY C0VERAGE, does not apply to "property dom- oge"to property, other than your property, up to onamount not exceeding $S00inany one "000i- dent" Coverage ieexcess over any other valid and collectible insurance. 2. The following paragraph is added to AA. Coverage Extensions of SECTION ||| - PHYSICAL DAMAGE COVERAGE: o. We will pay up to $1.000 for your prop- ertythot is lost or damaged as o nueu|t of covered ''|oee^, without applying o deductible. Coverage is excess over any other valid and collectible insur- ance. Page 2nf7 Includes copyrighted material ofInsurance Services Office, Inc n", �_, '70"te P&-Wog H.PREJUDGMENT INTEREST COVERAGE The following paragraph is added toSECTION U — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, o. Supplementary Payments: (7) Prejudgment interest awarded against the "ineunud^ on that port of the judgment we pay. If we make on offer to pay the appli- cable limit of ineuronoe, we will not pay any prejudgment interest based on that period oftime after the offer. The Fellow Employee Exclusion of SECTION U - COVERED AUTOS LIABILITY C0VERAGE, does not apply if the "bodily Injury" results from the use of o covered ''oubu^ you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HARED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes ofLoss, orCo||i- eion ooverogee, then the Physical Damage coverages provided are extended to"oubue"you |eoee, hire, rent or borrow without o driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to o limit of$12S.000. The deductible will be equal tothe largest deductible applicable toany owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Troilere, Mobile Equipment And Temporary Substitute Autos of SECTION | — COVERED AUTOS: |fPhysical Damage Coverage ieprovided by this Coverage Form, the following types of vehicles are also covered "outoe"for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as otemporory substitute for o covered "auto" you own that ieout ofservice because ofits: o. Breakdown; b. Repair; o. Servicing; d. "Loss"; or COMMERCIAL AUTO e. Destruction The coverage that applies is the same oe the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. VVewill pay upto: o. $150 for o covered "auto" you own of the private passenger type, or b. $750 for covered "auto" you own that ienot ofthe private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Hovm»v- er.the labor must beperformed otthe place of disablement. 2. This coverage applies only for on "auto" covered onthis policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies inaddition buthe otherwise applicable amount of each coverage you have onocovered ''outo^ M. AUTO LOAN OR LEASE COVERAGE 1. In the event of o total "loss" to o covered "outo", we will pay any unpaid amount due onthe loan orlease, including upbuomax- imum of$S00 for early termination fees or penalties, for your covered "outo"less: o. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and 1) Overdue lease/loan payments at the time ofthe "loee"; 2) Financial penalties imposed under lease for excessive use, obnonno| wear and tear orhigh mileage; 3) Security deposits not refunded by lessor; 4) Costs ofextended warranties, Credit Life insurance, Heo|th. Accident, or Disability insurance purchased with the|eoee;ond S) Corry -over bo|onoee from previous leases. 2. This coverage only applies too"|oee"which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. Includes copyrighted material ofInsurance Services Office, Inc. n", �_, '70"te P&-Wog COMMERCIAL AUTO AC 70000310 3. Coverage does not apply to any unpaid amount due onoloan for which the covered ''outo^ is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION ||| — PHYSICAL DAMAGE C0VERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer ports for any private passen- ger type covered ^oubu^ where required by the lease agreement which has o term of at least six months. If o new original equip- mentvehio|e manufacturer part is not in pro- duction or distribution we may use o like, kind and quality replacement part. 0. DEDUCTIBLE AMENDMENTS The following are added buthe Deductible provi- sion of SECTION ||| — PHYSICAL DAMAGE COVERAGE: |fanother policy orcoverage form that ienot on automobile policy or coverage form issued by this company applies tothe same ''000ident^.the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductib|e, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, itwill be reduced by the amount of the smaller (or smallest) deductible. |foComprehensive orSpecified Causes ofLoss Coverage ^|oee^ from one "accident" involves two or more covered ''outoe^, only the highest deductible applicable tothose coverages will be applied to the ''000idenL^ if the cause of the |oee is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehio|ee, and does not extend coverage toany covered ''outoe^ for which you do not carry such coverage. No deductible applies to g|oee if the g|oee is nu- poinud.inomanner acceptable tous, rather than replaced. P. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.o. of SECTION ||| — PHYSICAL DAMAGE COVERAGE is nup|ooed by the ourned by you because of the total theft of o covered "oubu"ofthe private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24hours after the theft and ending, nugord|eee of the policy's expirotion, when the covered "outo"iereturned touse orwe pay for its "|oee" Q. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section AA. of SECTION ||| — PHYSICAL DAMAGE COVERAGE: o. VVewill pay for upto$S.000for the expense of returning o stolen covered "auto" to you. We will pay only for those covered ''oubue^ for which you carry Comprehensive orSpec- ified Causes ofLoss Coverage. R. PHYSICAL DAMAGE LIMIT 0FINSURANCE Under SECTION ||| — PHYSICAL DAMAGE C0VERAGE, Paragraph C.. Limit ofInsurance iereplaced bythe following: C.Limit [fInsurance 1. The most vm»will pay for ''|oee^ in any one '' accident" iethe lesser of: o. The actual ooeh value of the damaged or ebu|en property as of the time of the "loee^ or b. The cost of repairing or replacing the damaged orstolen property. 2. $2000 is the most vvewill pay for ''|oee^ in any one "accident" to all electronic equip- mentthot nuproduoee, receives or transmits oudio, visual or data signals whioh, at the time of''|oee^ is: o. Permanently installed in or upon the covered ^oubu^ in o houeing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation ofsuch equipment. b. Removable from opermanently installed housing unit oedescribed in Paragraph 2.o. above or is on integral port of that equipment; or o. Anintegral part ofsuch equipment. 3. An adjustment for depreciation and physical condition will bemade indetermining actual cash value inthe event ofototal ''|oee^ VVewill pay upbu$S0per day buomaximum of 4. The cost ofrepairing ornuolaoinqmov: $1500 for temporary transportation expense in - Page 4nf7 |no|udee oopyrighted moterio| of |neuronoe Servioee Office, |no with its permission. o. Bebased ononestimate which includes ports furnished by the original equip- ment manufacturer orother sources in- cluding non -original equipment monu- foctunureond b. If o repair or replacement nueu|ba in bet- ter than like kind or quo|ity, we will not pay for the amount of the net improve- ment. S. Ifweoffer to pay the actual cash value of the damaged or stolen property, we will value oubu advertising vvnape, point ouetomi- zotion.and similar business related advertis- ing modifioodone, in addition to the actual cash value ofthe property. Auto advertising wrope, point ouebumizotion, and similar business related advertising modifications will be valued otthe cost bu replace them with on adjustment mode for depreciation and physical condition. S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION ||| — PHYSICAL DAMAGE COVERAGE: S. The provisions of paragraphs 1.ond 3. do not apply to o covered ''outo" of the private passenger type orovehicle with ogross ve- hicle weight rating of 20.000 pounds or |eee which is o"new vehio|e.^ In the event of total ^|oee^ to your "new ve- hio|e^ to which this coverage opp|iee, we will pay otyour option: o. The verifiable ''new vehicle" purchase price you paid for your damaged vehi- o|e, not including any insurance or war- ranties purchased; b. If it isavailable, the purchase price, as negotiated by ue, of o "new vehicle" of the same make, mode|, and equipment or the most similar model ovoi|ob|e, not including any fumniehinge, ports, or equipment not installed bythe manufac- turer or manufacturers' dealership; or . o. The market value ofyour damaged ve- hicle, not including any fumnishinge, porte, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans orleases As used in this endorsement, o ''newvehi- o|e^ means on ''oubu^ of which you are the original owner that has not been previously COMMERCIAL AUTO AC 70000310 titled and which you purchased |eee than 36Sdays before the date ofthe ''|oee^ T. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION ||| — PHYSICAL DAMAGE COVERAGE, A. Coveroge.4. CoverogeExten- eione. b. Loss ofUse Expenses is nup|ooed by the following: b. Loss ofUse Expenses For Hired Auto Physical Domoge, we will pay expenses for which on ''ineunud^ becomes legally responsible to pay for loss of use of vehicle rented or hired without o driver, under o written nunto| contract or agreement. We will pay for |oee of use expenses ifcaused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage ieprovided for any covered "auto"; (2) Specified Causes ofLoss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered ''oubu^; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered 11 auto." Hovvever, the most we will pay for any expenses for loss ofuse is $S0per day, buo maximum of$1.S00.The insurance provided by this provision is excess over any other collectible insurance. W. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage Newill pay the actual loss ofbusiness in- come sustained by you as o result of the necessary suspension ofyour business dur- ing the period of restoration due to''|oee^to ocovered ''oubu^ used in your business. The loss must becaused byocause ofloss cov- ered under item Al of Physical Damage Coverage inthis Coverage Part. 2. Extra Expense Coverage We will pay the necessary and reasonable extra expenses that you incur during the pe- riod of restoration that you would not have incurred had there b ~ ^ ' ered^oubu^used in} AC 70060316 Includes copyrighted material ofInsurance Services Office, Inc. COMMERCIAL AUTO must be caused by o cause of loss listed under item Al of Physical Damage Cover- age inthis Coverage Part. Extra Expenses means those expenses you incur to ovoid or minimize the suspension of business and to continue your business operations. We will not pay for "loss" or expenses caused by suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse orcancellation is directly caused bythe suspension ofyour business, we will cover such ''|oee^ that affects your business income. We will not pay under this coverage if you do not repair orreplace the covered "auto". You must resume all orpart of your business as quickly as possible. If you have other autos you can use to reduce the amount ofloss payable under this oov- eroge, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income |oee or extra expense incurred. 4. Limit The most vvewill pay for ^koee^ arising out of one covered ^oubu^ is $10.000 per loss with on annual aggregate of$20.000. Payment applies in addition buthe otherwise applica- ble amount ofeach coverage you have ono covered "auto". 5. Definitions (a)The time required to resume your normal business opera- tions; or (b) The time that is reasonably necessary to repair or nup|ooe the covered oubu with o maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due tothe enforcement of any ordinance or law that re- quires any insured or others to test for, monibur, clean up, nu - move, oontain, treat, detoxify or neutralize orinany way respond to or assess the effects ofpoUu- tante. The expiration dote of this policy will not cut short the peri- od of restoration. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights [fRecovery Against Others ToUeCondition: We waive any right of recovery we may have against any person or organization to the extent required of you by written con- tract executed prior to any "accident" be- cause ofpayments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION N — BUSINESS AUTO CON0T|0NS, Paragraph A is amended as o "0ue�eee|noome"nleonethe � : 6. NOTICE 0FAND KNOWLEDGE 0F 1.).Net income (Net profit orloss before OCCURRENCE income taxes) that would have been � e Your ob|igodoninthe Duties inthe Event wouldeorned or incurred if no |oee �u|d of AccidentC|oim Suitor Loss Condi- hove000urnudond ' ' ' tion relative to notification nuquinu- 2.). Continuing normal operating menba applies only when the "accident" expenses incurred, including payroll. or''|oee^ieknown to: b� "Period of Restoration" means the (1) You, ifyou are onindividual; period oftime that: (2) Aportner, ifyou are opartnership; 11 Begins: (3) Amember if you are o limited liability (a) 24 hours after the time of loss company; o for Business Income Coverage; (4) An executive officer or insurance or manager, ifyou are ocorporation. (b) Immediately after the time of b� Your obligation in the. Duties in the Event|oee for Extra Expense of AccidentC|oim Suit orLoss Condidon Coverage; and ' ' nu|otive to providing us with documents 2.) Ends otthe earliest of: concerning o o|oi Page 6 of Includes copyrighted material of Insurance Services Office, Inc. n", with its permission _, considered breached unless the breach occurs after such dohn or "suit" is known to: (1) You, ifyou are onindividual; (2) Aportner, ifyou are opartnership; (3) Amember if you are limited liability company or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR —COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition isreplaced bythe following: (5)Anywhere inthe world ifocovered ^outo^ is leased, hired, rented orborrowed without o driver for a period of 30 days or less; and We will reimburse you upbu$100for reasonable expense incurred for the services of locksmith to gain entry into your covered ^oubu^ subject to these provisions: 1. Your door key, electronic key or key entry pod has been |oet, stolen or locked in your COMMERCIAL AUTO AC 70000310 covered ^oubu^ and you are unable to enter such "auto" . or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as o nueu|L 3. Your key, electronic key or key entry pod has been lost or stolen and you have changed the lock buprevent onunauthorized entry; and 4. Original copies of receipts for services of o locksmith must be provided before reimbursement iepayable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: If we oonoe| for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice ofcancella- tion at least 60 days before the effective dote of cancellation. This provision does not apply in those states that require more than 60 days prior notice ofcancellation. AC 70060316 Includes copyrighted material ofInsurance Services Office, Inc n", �_, '70"te P&-Wog Big Ben, Inc. POLICY NUMBER: ACPWC3100135937 � i t�•� � lR��f/L�Z IN��Y�i Q�f/L�/i IN��Y�: WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage Address: 4790 Irvine Blvd. #105-404 Irvine, CA 92620 Description of Waiver: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage pne 01101 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/01/2021 - 7/01/2022 Policy No. ACP WC 3100135937 Endorsement No. Insured Big Ben Inc. Premium Insurance Company Nationwide Mutual Insurance Countersigned by WC000313 ©1983 National Council on Compensation Insurance. ACP WC 3100135937 Nationwide Mutual Insurance 1 00001 0000000000 19108 0 N 8e5c73f9-8132-4027-93f0-3fc3ffff90a2 n", & APPRoveo sr. �-, at �Rmli A&—.g—1 Cl eri-lA do 0027020044349734038690680273250 City of Santa Ana Public Works Agency I Construction Engineering 20 Civic Center Plaza Santa Ana, CA 92701 ji M-22 To Whom It May Concern, We will not be providing any architectural services or professional engineering services, Sincerely, Maryam Sharifi Big Ben Engineering, Inc. 4790 Irvine Blvd. #105-404 Irvine, CA 92620 M 949.400.9686 ft orq ftk momeemw ftMEWED & Ap.. 8r. RNk M—q—t Oi—PAde