HomeMy WebLinkAboutPALP, INC. DBA EXCEL PAVING CO.INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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DATE:
A-2023-076-03
AGREEMENT WITH PALP, INC., DBA EXCEL PAVING CO. TO PROVIDE ON -CALL
EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA
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THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Palp, Inc., a
California corporation dba Excel Paving Co. ("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
N California ("City").
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all RECITALS
A. On January 18, 2023, the City issued Request for Proposal ("RFP") No. 22-096, by which it sought
qualified contractors to provide on -call emergency asphalt and PCC 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 22-096,
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 consulting
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:
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 REP No. 22-096, 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 six (6)
contractors selected to provide emergency asphalt and PCC services on an on -call basis under
RFP 22-096. The total compensation for these services provided by all such contractors
selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million,
Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on May 1, 2026,
unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be
extended for up to two (2), one-year periods 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 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 under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum. Scope and Limit of Insurance
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an `occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than $1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregatelimit shall apply separately to this projecttlocation (ISO CG 25 03 or 25 04)
or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a
limit no less than $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident
for bodily injury or disease.
(4) Professional Liability (Errors and Omissions): 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 and a $2,000,000 aggregate.
(5) Broader Coverage: if the Contractor maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds on the CGL policy with respect to liability
arising out of work or operations performed by or on behalf of the Contractor including
materials, parts, or equipment furnished in connectionwith such work or operations.
General liability coverage can be provided in the form of an endorsement to the
Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable,
through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
(2) Primary Coverage: For any claims related to this contract, the Contractor's insurance
coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects
the City, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, or volunteers shall
be excess of the Contractor's insurance and shall not contribute with it.
(3) Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
(4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to
subrogation that any insurer of said Contractor may acquire against the City by virtue
of the payment of any loss under such insurance. Contractor agrees to obtain any
endorsement that may be necessary to affect this waiverof subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by
the City. The City may require the Contractor to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -insured retention may be satisfied by
either the named insured or City.
(6) Claims Made Policies (applicable only to professional liability):
The retroactive date must be shown, and must be before the date of the contract
or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy farm with a Retroactive Date prior to the contract effective date,
the Contractor must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of work.
(7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
(8) Verification of Coverage: Contractor shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements
to City before work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies,including endorsements required by these specifications, at any time.
(9) Subcontractors: Contractor shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that
City is an additional insured on insurance required from subcontractors. For CGL
coverage, subcontractors shall provide coverage with a form at least as broad as CG 20
380413.
(10) Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience, insurer,
coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, 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, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement,
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement'during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided 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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Contractor consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure; right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange 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.
19. PROI+ESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:
Curtis P. Brown III, President
Palp, Inc., dba Excel Paving Co.
2230 Lemon Ave.
Long Beach, CA 90806
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 time frames, weekends, federal, state, County or City holidays
shall be excluded.
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:
CITY OF SANTA ANA
Je a 1 Kristine Ridge
Cle of th cii City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
B Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
PALP, INC., DBA EXCEL PAVING CO.
s P. Brown III
resident
CALIFORNIA ALL—PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
rA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On M aYL Ck 2.c� before me, Myisha Monique Riven, Notary Public , Notary Public,
/ (sere insert name and title of the officer)
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/46 subscribed to
the within instrument and acknowledged to me that he/s)b/tP* executed the same in his/4&/tb)ir authorized
capacity(ies), and that by his/1*/th* signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
MYISHA MONIQUE RIVEN
WITNESS my hand and official seal. r c0mM..377053
0 k.� Notary PublicCalifomla
LOS ANGELES COUNTY
(Notary Seal) My Comm. Expires Sep 30, 2025
Signature of Lary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of atmched document)
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Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
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appears above in the notary section or a separate acknowledgment form most he
properly completed and attached to that document The only exception is if a
document is to be recorded outride of California. In such instances, any alternative
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verbiage does not require the notary to do something that is illegal for a notary in
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the county clerk.
S Additional information is not required but could help to ensure this
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i Indicate title or type of attached document, number of pages and dam.
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corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
r Securely attach this document to the signed document
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CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
Appendix T
ATTACHMENT 1: SCOPE OF WORK
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
SCOPE OF WORK
Introduction and Background:
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, and/or other infrastructure within the public right of 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.
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, and pavement markings,striping, 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."
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 related work are,
respectively:
Sample Task Order A - Asphalt Concrete
Item
Description
Qty
Unit
I Unit Price
Total
1
Unclassified Excavation
550
Cy
2
AC Pavement
130
TN
3
Fumish and install #6 Pullbox
4
EA
4
Adjust Manhole to Finished Grade
5
EA
5
PCC Curb and Gutter (Fype A-2-8)
100
LF
6
Signing and Striping
1
LS
7
Traffic Control Work
1
LS
Page 1 of 8
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
Sample Task Order B - Concrete Paving
Item
Description
Qty
Unit
Unit Price
Total
1
Unclassified Excavation
550
Cy
2
PCC Sidewalk "
2 500
SF
3
PCC Curb Ramer
3,000
SF
4
PCC Curb and Gutter (T )e A-2-8
100
LF
5
Furnish and Install #6 Pullbox
4
EA
6
Adust Manhole to Finished Grade
5
EA
7
Catch Basin (_Type "B," W=10'
1
EA
8
Remove and Re lace 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 T e 836 Caltrans
50
LF
13
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 were not 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, 2417, 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
Page 2 of 9
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
Business License.
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.
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
• Electronic files for title sheets and sheet borders, if needed
Page 3 of 8
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
• DEFINITION OF ITEMS (SAMPLE TASK ORDERS A B & C)•
• 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 7£me 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.
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 fitmishing all materials, labor,
Page 4 of 8
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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.
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.
Page 5 of 8
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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 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-24) 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 shallbe 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
Page 6 of 8
CITY OF SANTA ANA
RFP NO.; 22-096
ON CALL EMERGENCY ASPHALT & PCC
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 aB," W=10)
The work under this item consists of grading, compacting subgrade, and constructing Catch Bashi 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. 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, famishing 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.
Page 7 of 8
CITY OF SANTA ANA
RFP NO,: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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 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.
Page 8 of 8
EXHIBIT B
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
COPE OF_ WO, RK
Introduction and Background:
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, and/or other infrastructure within the public right of 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.
,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, and pavement markings,striping, 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."
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 related work are,
respectively:
Sample Task Order A - Asphalt Concrete
Item
Description
Qty
Unit
Unit Price
Total
1
UnclassifiedExcavation
550
CY
$298.00
$163,900.00
2
AC Pavement
130
TN
$280.00
$36,400.00
3
R mish and Install #6 Pullbox
4
EA
$2,200,00
$8 800.00
4
Adjust Manhole to Finished Grade
5
EA
$1,900 00
$9,500.00
5
PCC Curb and Gutter (Type A-2-8)
100
LF
$185.00
$18 500.00
6
Sipinp and Shi in
1
LS
$9,$00.00
$g $QQ,QQ
7
Tram, Control Work
1
LS
$46,000.00
$46,000.00
Page 1 of 8
. �.
CITY OF SANtffl ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
Sample Task Order B - Concrete Paving
Item
Description
Qty
Unit
Unit Price
Total
I
Unclassified Excavation
550
CY
$298.00
$163,900.00
2
PCC Sidewalk (T=4")
2,500
SF
$23.00
$57�500 p0
3
PCC Curb Ramp —_—---- —
3 000
SF
$62.00
$186,000,00
4
PCC Curb and Gutter (T A-2-8)
too
LF
$185.00
$18 500.00
5
Furnish and Install #6 Pullbox
4
EA
$2,200.00
$8 $00.00
6
Ad'ust Manbole to Finished Grade
$1 900.00
$9,500.00
_Catch
Basin 1Tv ae "B," W=10')
$13,000.00
$13,000.00
8
Remove and Re lace Ed Concrete Pine
T75LF
$460.00
$34,500.00
9
Guard Rail Replacement Caltrans RSP A77N4
$150.00
$750000
10
Guard Rail ke ilacement Termination Caltrans)
$9,000.00
$9000.00
11
Remove and Replace Chain Link R/W Fence
$160.00
$8 000.00
12
Concrete Barrier Type 836 Caltrans
50
LF
$630.00
131,500.00
13
Traffic Control Work
I
LS
$48,000.00
$48 000.00
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 were not reouired at the
time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 100/o 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 RE, SPONSIBLITIES
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
Page 2 of 8
Time Material Rates for Excel Paving and Subcontractors
R , P NO.22-096: ON -CALL EMERGENCY ASPHALT AND PCC
Excel Paving T&M Rates
Description
Cost / HR
Foreman
$
114.00
O aerator
$
112.00
Laborer
$
86.00
Teamster
$
87.00
Car enter
$
92.00
Cement Mason
$
92.00
ski
$
68.00
roller
$
56.00
aving machine
$
195.00
water truck
$
45.00
street sweeper
$
200.00
backhoe
$
98.00
saw
$
85.00
blade or loader
$
92.00
truck -Super 10
$
150.00
move track
$
60.00
Any Labor or Equipment not listed above will be billed per Company's (Excel's and subs') standard T&M rates.
The Labor rates are only for regular business hours from 7:00 am to 5:00 pm Monday through Friday.
Anytime outside of regular business hours of operation will be considered after hours/weekends.
After horns work includes overtime, double-time, and/or holiday time, and will be billed per actual premium time rates.
The Labor rates are good through June 30, 2024. Excel will submit revised Labor rates on July 1, 2025.
All material costs will be added to the cost proposal per actual invoices.
Excel Paving will add the following mark-ups to the costs:
Category
Mark-up %
Labor
20%
B 'pment
15%
.__
Material -except Concrete
..
10%
Material -Concrete
15%
Sub first $5,000
10%
Sub over $5 001)
Bond
5%
1%
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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: PALP, INC DBA EXCEL PAVING
Business Address: LONG BEACH, CA 90808
Business E-Mail Address: a
Telephone: 562) 599.5841
State Contractor's License No. and Class: STATE LIC# 698659
License Expiration Date:
State Dept. of Industrial Relations (DIR) DIR# 1000003331
Registration No.:
State Dept. of Industrial Relations (DIR)
Registration Expiration Date: so 110 'y5
Signed:
Title: )7,urtis P. Brown III President
Page 1 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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
barmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
The uudM, dgq d certifies that the foregoing is hue and correct.
Name of Firm PALP, Q INC qHA
--♦�3EOE6 f4lL�IN6-COA96'AR!-Y
Signature
CONTRACTOR
Title
{if an individual, so
Page 2 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA i
COUNTY OF ORANGE ) SS:
CITY OF SANTA ANA )
Curtis P. Brown III
being duly sworn, deposes and says:
❑.TNMIDUAL That he/she is the party making the foregoing proposal:
❑ PARTNERSHIP That he/she is a member of the oo-partnership fum designated as:
and who has been and is duly vostcdwith the authority to mske and execute instruments for the co parmership
by:
who constitute the other members of the co -partnership.
M/CORPORATION That he is of Pn iunmT PALIy INC DSA
❑ JOINT VENTURE
That he is of
one of the parties making the foregoing proposal as a jobt venture, and the helshehasbeen and is duly vested
with the authority to execute instruments for an on behalf ofthe 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 against the City of Santa Ana or any person interested in the proposed contract, for himself or any other
person.
SOL- Curtis p. Brown III
Sig ire of CONTRACTOR president
Subscribed and sworn to befo a this _ � � " Illy of
Signature of officer Adminis ing Oath (Notary Public)
i
20
Page 3 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
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: ''/2% 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
License #/Exp.
DIR Reg. #Bxp.
Location
Phone
Type Of Work
Amount $
Name .
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #Bxp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
I
Curtin P. Brown III
Si W ature of CONTRACTOR PMeldent
Page 4 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
REFERENCES
SEE ATTACHED
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.
L
2.
Name.and Address of Owner.
Name and Telephone Number of person familiar with project.
Contract Amount
Name and Address of owner.
Type of Work
Date Corpleted
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work Date Completed
3.
Name and Address of owner.
Name and Telephone Number of person familiar with project,
Contract Amount � - 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.
A Ok °i
Page 5 of 10
CITY OF SANTA ANA
RFP NO.; 22-096
ON CALL EMERGENCY ASPHALT & PCC SEEATTACHED
The following are the names, addresses, and telephone numbers for THREE public agencies for which the
UBCONTRACTOR has performed similar work in the past five years.
1.
2.
3.
Name and Address of Owner.
Name and Telephone Number of person familiar with project.
Contract Amount
and Address of owner.
Type of Work Date Completed—.
Name and Telephone Number of person familiar with project.
„Contract Amount Type of Work Date Completed
Name and Address of owner.
Name and Telephone Number of person familiar with project.
Contract Amount 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.
Page 6 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 11.2 and Public Contract Code Section 7106)
In conformance with Title 23 United States Code Section112 and Public Contract Code 7106 the
BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and
not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other
BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has hot in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any
other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other BIDDER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, fiuther,
that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned
that in
%king a false certification may subject the certifier to criminal prosecution.
Signed
Curtis P. Brown III
State of California
County of"ttgeleg
SdtsAgbr1By&ffgfn to (or affirmed) before me on this day of ft 20_, by
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me
Notary Public Signature Notary Public Seal
4` 7lVJN( 11 j li
ryilj�
Nth „rylii bri It,a'u:. _
K E
ill'id
Page 7 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT c& PCC
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an 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 fimds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed: A�
Title: Curtis P. Brown III President
PAM INC OU
Firm: EXCEL PAVING COMPANY
Date: 201
Page 8 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
NON -DISCFJ IINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies
as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Consultant shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause,
2. The Consultant shalt, in all solicitations or advertisements for employees placed by or on behalf
of the Consultant, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin,
3. The Consultant shall send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union ar workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September24,1965, and byrules, regulations, and orders of the Secretary of Labor, orpursuant
thereto, and will permit access to his/her books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with
such rules, regulations, and orders.
6. In the event. of the Consultant's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Consultant may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise
provided by law.
Page 9 of 10
CITY OF SANTA ANA
RFP NO.: 22-096
ON CALL EMERGENCY ASPHALT & PCC
The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding
upon each subcontract or purchase order as the administering agency may direct as means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event the Consultant becomes involved in, or is threatened with, litigation with a
subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests
of the United States,
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
consultant of public works violating this Section is subject to all the penalties imposed for a
violation of the Ch ter.
Signed: SO,.,
urtis P. Brown III President
Title:
Firm: EXCEL PALING COMPANY
Date:
Page 10 of 10
i
From: City of Santa Ana
To: cathvchuocoCdexceloavino.net; Ramirez David; Reyes, Erendida; Castro, Jose; Ortiz, Michael; Thomas. Sean;
wohilIios(a)exceloavinc.net
Subject: Internal Notice of Compliance
Date: Friday, May 5, 2023 10:16:58 AM
19
NOTICE OF COMPLIANCE
C'ITN" STAFF: PRINT TIIIS PAGE .AN D I S('LUDE R'ITH AGREE:NIE\"ITO THE CL,ER6 OF THE COUN('IL
Contractor Palp, Inc.
Name:
Project TBD (086)
Number:
Project Agreement With Palp, Inc., DBA Excel Paving Co. To
Name: Provide On -Call Emergency Asphalt And PCC Services For
The City Of Santa Ana
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this
time.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PROFESSIONAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
POLICY EXPIRATION
NUMBER DATE
511I1I17�'iS 1rLrKIM
60041245 06/01/2023
117AIIIIL' f31I �171LII
T10221268 06/01/2023
COI DATE FILE NAME
COI Excel
05/01/2023
Paving
6.01.23.pdf
COI Pulp,
Inc. l9-
6948 GL
02/17/2023
2023-06-01
AL 2023-06-
01 WC 2023-
06-Ol.pdf
09/06/2022
City of Santa
Ana.pdf
_COI_Palp,
Inc. 19-
6948 GL
02/17/2023
2023-06-01