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HomeMy WebLinkAboutPAULUS ENGINEERING, INC. (3)a4>1,�UPIANCE ON FILE 40RK MAY NOTO PROCEED CLERK OF COUNCIL DATE: 1219VOvAD n'. a1aA�o) M(mlu( S-A" A-2020-245-02 L , V1. AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Paulus Engineering, Inc. ("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 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 B. 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. Payment need not be made for work which fails to meet the standards of Page I of 8 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 Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 8 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work trader 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, orequivalent 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. (iii) Certificates and policies shall state that the policies shall not be cancelled Page 3 of 8 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 filly 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: Paulus Engineering, Inc. 2871 East Coronado Street Anaheim, CA 92806 Attn: Jason Paulus, 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 terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which 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. Page 7 of 8 A-2020-245-02 20. PROFESSIONAL LICENSES Contractor shall, throughout the teen of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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: Caisy Gomez lerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ')It,. J hn M. Funk Assistant City Attorney FOR APPROVAL 9 `N- Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA --6- Kristine Ridge City Manager CONTRACTOR Paulus Engineering, Inc. Nam, : Jason Paulus Title: President Page 8 of 8 Appendix ATTACHMENT 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 At-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 Cy 2 AC Pavement 1301 TN 3 Furnish and Install 96 Pullbox 4 1 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) too LF 6 Signing and Striping l LS 7 1 Traffic Control Work I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CY 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp3,000 SF 4 PCC Curb and Gutter (Type A-2-8) too LF 5 Furnish and Install #6 Pullbox 4 EA 6 Ad -just Manhole to Finished Grade 5 EA 7 1 Catch Basin (Type `B," W=10' ) I EA 8 Remove and Replace 30" Reinforced Concrete Pi 75 1 LF 9 Guard Rail Replacement Caltrans RSP A77N4) 50 FLF 10 Guard Rail Replacement Termination (Caltmns) 1 EA I I Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 (Caltrans) 50 LF 13 Traffic Control Work I LS City of Santa Ana RFP 20-106 Page Al-2 Sample Task Order C - Stormdrain Item Description P 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 Pie (RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type "B," W=10') I EA 7 1 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 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 I . 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. 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°/u) 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, ifgranted, 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 ('I'=411) 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 constricting 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, Caltmns 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 fill 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 frill compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting Subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11 — Remove and Replace Chain Link R/W Fence 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, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. 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 Ai-11 Item No. 6- Catch Basin (Type °B," W=101) The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type `B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 Page Al-12 fll1lllS rl1fr1110C1'hllr TIID TIMEB MATERIAL WORKSHEE7 TM No, qy �y I I� Job No, X 9 2 Customer. Protect WorkAulhodzed byr Work Date:: gese-dDryo Foreman: Prevailing OTY I LABOR REG HRS I Orr HRSj D81. TM HRSj REG RATE I OR RATE I DEL TM RATE I REG TOTALI 01T TOTAL BL TM TOTAL Laborer $ 78.42 $ 117.63 It 156,84 $ - S - $ Pipelayer $ 83.72 $ 125.68 $ 167.44 $ . $ - $ Operator $ 96.59 $ 144.89 $ 193.18 $ . S - It Track Driver $ 96.59 $ 144.89 $ 193.18 $ - $ - $ Foreman $ 107.38 $ 161.07 $ 214.76 $ - $ It Superintendent $ 120.68 $ 180.87 $ 241,16 $ - $ - $ Subtotal $ $ $ Mark Up % 15% $ - $ - $ - TOTAL $ $ $ QTY BARE EgUIPMENT AMT. UNR TOTAL Cat 345 Excavator MR § 225.00 § - Compaction Wheel MR $ 45.00 $ - Hitachi 4001450 Excavator MR $ 185,00 $ - Compaction Wheel MR $ 40,00 $ - Cat 2401330-Yutan1320 Excavator MR $ 140.00 $ - Compaction Wheel HR $ 40,00 $ - Cat 962 Wheel Loader MR $ 127.00 $ - Cat 950 Wheel Loader MR $ 110.00 $ - Lowbed Traclorrrm ler MR S 95.00 $ - Cat Backhoe MR S 88.00 $ - CompacllonWheetofBreBker MR $ 30,00 $ - Boom Track MR $ 52.00 $ - SuperlODumpTmck MR $ 125.00 $ 6 Wheel Dump Track MR $ 52.00 $ - 6Wheel Flat Bed Track MR $ 45.00 $ - Roller MR $ 65.00 $ - CrewTruckwim Tools MR $ 40.00 $ Delivery Track MR $ 35.00 $ Vactorlaump Truck MR It 220.00 $ - Mien Tools Shoring Jacks - per each Day $ 13.00 $ - TrenchPlates- per each Day $ 13.00 $ - Trench Shield Day S 158.00 $ - Manhole Shield Day 3 99.00 It - 3"PumpedConneclors Day $ 109.00 $ - K-Rae LF $ 18.00 It - Generator Day $ 92.00 $ At -Compressor Day $ 135.00 $ Air Slower Day $ 70.00 $ - ConSned Space Equipment Day $ 768.00 $ - Gas Detection Equipment Day $ 69.00 $ - Traffic Arrow Board Day $ 125.00 $ - TrafficBardcades Day $ 2.25 $ - TraficConesl0elinealore Day S 2.25 $ - Walk Behind Vibratory Plate Day $ 81.00 $ - MlscSmallTools Day S 76A0 $ - Subtotal $ Mark Up% 15% $ - TOTAL $ AMT MATERIAL. SUBCONTRACT MISC Unit TOTAL g S - S - Subtotal g Mark Up% 15% S - TOTAL $ Total Overhead / Profit TOTAL WORKSHEET $ Paulus IEngineerin Knee 12-opt-20 Task Order C PA IJ Lam° ��°) BID DESCRIPTION QUANTITY TOTAL BID ITEM Storm Drain UNIT TOTAL 1 Unclassified Excavation 2 AC Pavement 3 Remove & Replace 18" CMP <8' Deep 4 Remove & Replace 18" RCP <8' Deep 5 Remove & Replace 30" RCP <8' Deep 6 Catch Basin Type W=10' 7 Traffic Control 550 Cy 130 EA 75 EA 75 EA 75 EA 1 EA 1 LS $45.00 $180.00 $200.00 $225.00 $375.00 $16,000.00 $5,000.00 $24,750.00 $23,400.00 $15,000.00 $16,875.00 $28,125.00 $16,000.00 $6,000.00 Subtotal Storm Drain $129,160.00 TOTAL PROPOSAL $129 150.00 Task Order C