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HomeMy WebLinkAboutItem 20 - Agreements for On-Call Emergency Asphalt and Concrete ServicesPublic Works Agency www.santa-ana.org/public-works Item # {{item. number}} City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 2, 2023 TOPIC: Agreements for On -Call Emergency Asphalt and Concrete Services AGENDA TITLE Approve Agreements with Bruce Anderson Enterprises, Inc. dba A's Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. for Emergency Asphalt and Portland Cement Concrete (PCC) Services for a Total Amount Not to Exceed $3,000,000 for up to a Five - Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Bruce Anderson Enterprises, Inc. dba A's Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. to provide on - call asphalt and concrete placement services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning May 2, 2023 and expiring May 1, 2026 with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City occasionally requires the services of independent contractors to assist with emergency asphalt pavement and concrete pavement repairs. These services may include performing related site restoration such as repairs to streets, sidewalks, curbs, gutters, and curb ramps, as directed by staff, to ensure infrastructure is maintained in an appropriate and safe condition during unforeseen events. Portland cement concrete (PCC) may be mixed at a central location and transported to a job site, or mixed at a project site. On January 18, 2023, the Public Works Agency (PWA) issued a Request for Proposals (RFP) for emergency on -call asphalt concrete, and concrete repairs via the City's Planet Bids website. A total of 735 vendors were notified of the RFP and 29 downloaded the proposal files. Six proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding firms with qualifying proposal scores: Agreements for On -Call Emergency Asphalt and PCC Services May 2, 2023 Page 2 Firm City Rank A's Construction Santa Ana, CA 1 Vido Samarzich, Inc. Rancho Cucamonga, CA 2 EBS General Engineering Inc. Corona, CA 3 Excel Paving Co. Long Beach, CA 4 Hardy & Harper, Inc. Lake Forest, CA 5 We R Builders, Inc. Glendale, CA 6 Staff recommends awarding on -call agreements to all six top -ranked shortlisted firms: A's Construction, EBS General Engineering Inc., Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. to provide on -call emergency repairs (Exhibits 1-6). These highly ranked firms demonstrated they have the experience, staff, equipment, and the financial security to provide a rapid response to the City's emergency infrastructure needs. The firms' rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the proposals were determined to provide the best value for the City. FISCAL IMPACT At this time, there is no fiscal impact associated with this action. During the FY 2022- 2025 contractual term, the Public Works Agency will follow the established on -call services process when requesting necessary fiscal review and authorization for any potential fiscal impact. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the shared $3,000,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. EXHIBIT(S) 1. Agreement with A's Construction 2. Agreement with EBS General Engineering Inc. 3. Agreement with Excel Paving Co. 4. Agreement with Hardy & Harper 5. Agreement with Vido Samarzich, Inc. 6. Agreement with We R Builders, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 AGREEMENT WITH BRUCE ANDERSON ENTERPRISES, INC., DBA A'S CONSTRUCTION TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Bruce Anderson Enterprises, Inc., a California corporation dba A's Construction ("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 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: 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. 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 project/location (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 waiver of 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 theContractor 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): i. 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 form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (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 38 04 13. (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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Andres Aguilar, CEO Bruce Anderson Enterprises, Inc., dba A's Construction 1661 W. McFadden Ave Santa Ana, CA 92704 714-656-7421 AndrewAasconst.com A party may change its address by giving notice in writing to the other parry. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By Bra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager BRUCE ANDERSON ENTERPRISES, INC., DBA A'S Construction Andres Aguilar CEO EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 CI' 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I 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 I Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type "B," W=10') 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work 1 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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=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 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 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 Unit Price Total 1 Unclassified Excavation 550 Cy 250 137,500 2 AC Pavement 130 TN 1100 143,000 3 Furnish and Install #6 Pullbox 4 EA 650 2600 4 Adjust Manhole to Finished Grade 5 EA 2500 12500 5 PCC Curb and Gutter (Type A-2-8) 100 LF 75 7500 6 Signing and Striping 1 LS 10000 10000 7 Traffic Control Work 17 LS 5000 5000 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 I Unclassified Excavation 550 Cy 250 137500 2 PCC Sidewalk (T=4") 2,500 SF 12 30000 3 PCC Curb Ramp 3,000 SF 48 144000 4 PCC Curb and Gutter (Type A-2-8) 100 LF 75 7500 5 Furnish and Install #6 Pullbox 4 EA 650 2600 6 Adjust Manhole to Finished Grade 5 EA 2500 12500 7 Catch Basin (Type "B," W=10') 1 EA 3500 3500 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 250 18750 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 250 12500 10 Guard Rail Replacement Termination (Caltrans) 1 EA 10000 10000 11 Remove and Replace Chain Link R/W Fence 50 LF 200 10000 12 Concrete Barrier Type 836 Caltrans 50 LF 250 12500 13 Traffic Control Work 1 LS 5 5000 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, 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 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 (1) ), and that the following is t-me and con-ect. Contractor's Name_ Business Address: ��Z kf— C � Business E-Mail Address: Prvaropvj Telephone: m— Lj State Contractor's License No. and Class License Expiration Date: (v I $ State Dept. of Industrial Relations (DIR) Registration No.: l`6Y�-�-144 State Dept. of Industrial Relations (DIR) Registration Expiratio ate: Signed: Title: Page I of I0 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 seiviees are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersi ed certifies that the foregoing is true and correct. Name of Firm C,�nsv�_,(�h eC Signature of CONTRACTOR Title C I � 0 (if an individual, so state) Page 2 of 10 CITE' OF SANTA ANA RFP NO- 22-096 ON CALL EMERGENCY ASPHALT & PCC OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS. Cl" OF SANTA ANA ) t V'C S U , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PAR TNERS= That he/she is a inember of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: wbo constitute the other members ofthe co-partnership. CORPORAT[ON That he is of: (flee �s- le' a corporation which is making, the otcgoing proposal: ❑JOINT VENTURE That be is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham., and has not in any tuanner 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. �. Si ature of CONTRACTOR Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) A notary public or othat officei6compieting this certi Cart es Doty the identify of the in"clual who signed thR r ment to which this certificate is attached. and netfulness, accuracy, or validity oft t document. $we of California, County of Subscribed and sworn to (or affirmed) before me onfhis7dayof proved to me on the basis of satisfactory evidence to be the person(s) h appeared before me. -' Signature.,(,L�"t G2r COLETTE L. GORDON COMM. #2296433 z Notary Public - California ao z Riverside County 1 0— !!y Comm, Expires Aua, 4, 2423 Page 3 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC LIST OF SUB -CONTRACTORS Section 4100 ct. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% 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 #/Ekp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License / DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/E> DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of CONTRACTOR Name License #>=/Exp_ DIR Reg_ #]Exp. 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 $ Page 4 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRA CTOR has performed similar work within the past three years. 1- B NT riIAr7A VA Name sand Address —of Owner. Vic) oe i 5r, Ci vt e er Name and Telephone Number of person familiar with proje t. s-CIU6 MIQ 6w C Contra t Amount Type a Work J 2- ( .'alb Q-� --- 30-7 v zLI vg 2g Date Completed Name and Address of owner. Lame and Telephone Number o person fami tar with project. _ Contract Amount Type of Work Date C°ornpleted 3- f 1a CZ— NaYne and Address of owner. Name and Telephone Nun -� �3a, 0M Contract Amount of person farhiliar with project. Type of Work �.I ��fl�� f Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties fxom whom CONTRACTOR intends to procure insurance and bonds from for Task Orders, Page 5 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES, CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years, 1_ /vl'k- Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work `L%' 114a111n anu nauress or owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 114'4111C auu 1-lauress or owner. Name and Telephone Number of person familiar with project. Date Completed Date Completed 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 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collision Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certi I ation may subject the certifier to criminal prosecution. Signed State of California County of _ A notary public or other officer ilduAt IWo.Iif verilICS only the rctcntity of the i?"� ivldual vaho silyh ned tire document to which this ceitiiieate is attached, and not the truthfulness, a(;curacy, or validity of that document. Subscribed and swot to (or affirmed) before me on this � day of F,4 , 20:21 by .P!•t?rZ�3 f), /�nCa/r,,±r�_proved to me on the basis of satisfactory evidence to be the person(4 who appeared before me COLETTE L. GORDON o COMM. #2296433 r Notary Public - California = Riverside County Comm. E ires Aug. 4, 2023J Notary Public Signature Notary Public Seal Page 7 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & 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 finds 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 su�c/jsubrecipients shall certify and disclose accordingly. Signed: �` L2 Title: E Firm: Date: 0 OS Z Page 8 of 10 CITY OF SANTA ANA RFp NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 then 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's comrnitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant maybe declared ineligible for further Govenunent contracts or federally assisted construction contracts in accordance with procedures authorized in Lxecution Urder 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 T 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. I939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: A15 (VI'4eIJC- fcz vv Date: Q 2- o sZZ02.3 Page 10 of 10 EXHIBIT 2 AGREEMENT WITH EBS GENERAL ENGINEERING, INC., TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between EBS General Engineering, Inc., a California corporation ("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"). RF,CITALS 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: 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. 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 project/location (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 waiver of 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 theContractor 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): i. 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 (S) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) 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 38 04 13. (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 parry, 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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Joseph Nanci, Vice President EBS General Engineering, Inc. 1345 Quarry Street, Ste 101 Corona, CA 92879 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorn By: Brandari Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager EBS GENERAL ENGINEERING, INC., EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Si in and Striping 1 LS 7 Traffic Control Work 1 LS Pagel 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 (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' ) 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 (Caltrans) 50 LF 13 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 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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. I - 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-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 10:4lei rIll r IUD general engineering, inc, STATEMENT OF QUALIFICATIONS for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC 0 genera[ engineering, inc, 1345 Quarry Street, Suite 101 Corona, CA 92879-1700 Cover Letter & Agreement Statement Date: February 1, 2023 Company: City of Santa Ana Attn: Public Works Agency Project: RFP No. 22-096 — On Call Emergency Asphalt & PCC Re: Cover Letter & Agreement Statement To Whom it May Concern, Please find our proposal for the RFP No. 22-096 On Call Emergency Asphalt and PCC project. EBS General Engineering, Inc. (EBS) is fully qualified to submit this proposal as a licensed State of California Class 'A' General Contractor and a licensed California DIR contractor. EBS is a State of California corporation with the following board members: Thomas Nanci, President / Treasurer Joseph Nanci, Vice President / Secretary / Manager We are including with our proposal a copy of our corporate resolution which allows either Thomas or Joseph to act as sole signatory for the company ("Statement of Qualification — Exhibit A") It is our belief that our proposal will demonstrate EBS' qualifications and ability to perform these services as a City of Santa Ana pre -qualified vendor for emergency services. Agreement Statement: Submission of this proposal indicates EBS' agreement to any and all provisions as contained in the RFP and the standard agreement contained therein. i Joseph Nanci, Vice President EBS General Engineering, Inc. 1 Firm and Team Experience EBS General Engineering, Inc. is a family -owned General Engineering Contractor located in the City of Corona. We are centrally located just off the 15 and 91 freeways, an ideal location for providing services throughout Southern California. EBS has grown from a four -person company founded in 1994 to the full - service General Contractor it is today, with more than one -," hundred employees. - 0 �4 EBS contracts as a General Contractor and Subcontractor with various agencies and firms throughout Southern California, both private and public. Though many of our contracts are for PCC improvements and typically include ADA upgrades, we also excel at providing our own paving, grading, excavation, utility adjusting and restoration services. EBS is signatory to the Masons, Operators and Laborers unions. This allows us access to hard-working trained individuals with various stages of construction experience. We are familiar with the rigid requirements of prevailing wage Public Works contracts including projects covered under a Project Labor Agreements (PLA) and Community Workforce Agreements (CWA). Our two Superintendents have over 35 years' experience, while our two Estimators have close to 70 years' experience combined. Our Foreman and crews are able to meet the strict requirements called for by ADA Compliance. EBS' workforce comes with a vast array of knowledge and expertise ranging from: layout and calculations in the field, conforming compliance with plans and specifications or advising of changes necessary to bring them into compliance, safety of residents and crews, maintaining access for residents and understanding their concerns and accessibility, traffic control and requirements of MUTCD (CA), and WATCH or site -specific traffic control plans. Safety is of upmost priority at EBS. While we value production, there is no priority placed over safe and secure site conditions. Throughout the 26 years of business, EBS General Engineering, Inc. has built and maintained a successful reputation as an honest, reliable, and fair contractor that provides excellent customer service with the performance and product that exceeds expectations. Applicable licenses, registrations, and compliant insurance certificate are attached hereto as "Statement of Qualification — Exhibit A" 2 Primary Point of Contact and Company Organization Willie Ellis will serve as the Project Manager and primary point of contact for this contract, should it be awarded to EBS. Willie has close to 45 years' experience in the construction field varying from field crew member to his current position as lead Estimator and Project Manager at EBS. He is OSHA-30 trained and certified. As such, he leads the EBS Safety Team. His resume and OSHA certificate are attached hereto as "Statement of Qualification — Exhibit B" Providing assistance as Project Coordinator directly under Willie is Cristina Whitcher. Cristina will be the lead office contact in Willie's absence. Field management will come from either Gerardo Gonazlez or Danny Gould. Both Superintendents are well -versed in the construction industry with combined experience of over 35 years. Applicable resumes are attached hereto as "Statement of Qualification — Exhibit B" As of the end of year 2022, EBS has an average of 72 employees companywide. This includes two demolition crews, four PCC placement crews, and one asphalt paving crew. We feel this is the An organizational chart is attached hereto as "Statement of Qualification — Exhibit C" References 1. City of Long Beach Ross Cruz, Civil Engineer Associate Ph: (562) 570-7949 Relevant Project: Design -Build Services for City of Long Beach Curb Ramps Scope: EBS is performing design -build services for non -compliant ramps on a work order basis. Assigned EBS Staff: Willie Ellis, PM; Gerardo Gonzalez, Superintendent; Cristina Whitcher, Project Coordinator/Billing 2. City of Riverside Steve Howard, Construction Manager Ph: (951) 826-5708 Relevant Projects: 2018/2019 SB-1 Maintenance & Traffic Improvements, 2017/2018 SB-1 Maintenance & Traffic Improvements, 2017/2018 Arterial & Minor Streets Maintenance — Ph I, Selkirk Avenue Street Improvements, 2017/2018 RTA Bus Pad Improvements, 2017/2018 CDBG ADA Footpath and Streets Scope: Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjustment; Bus Pads, Decomposed Granite Trails, Hand Railing Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing 3 3. City of Los Angeles Jesus Arellano, Transportation Engineer Associate Ph: (213) 979-8623 Relevant Project: Vision Zero — Phase 2D Scope: Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing Relevant Project Experience 1. Project Name Design -Build Services for City of Long Beach Curb Ramps Owner City of Long Beach Principal Contact Phone Ross Cruz, Engineering Bureau (562) 570-7949 Price of Contract Dates $9,850,550.00 10/2021— On -Going Type of Work Design and Construction of Non -Compliant Ramps Citywide 2. Project Name Easton Street Sidewalk Improvement Project Owner City of Rialto Principal Contact Phone Terry Renner, P.E (951) 680-0440 Price of Contract Dates $688,719.43 8/2021 —3/2022 Type of Work Minor PCC — Sidewalk, Residential Driveways, Ramps, Cross -Gutter, Curb & Gutter, Retaining Wall, PCC Swale, Pilaster with Mortar Cap 3. Proiect Name ADA Improvements at Pacific Blvd & Vernon Ave Owner City of Vernon Principal Contact Phone Margarita Beltran, Associate Engineer (323) 974-1735 Price of Contract Dates M $108,610.15 1/2022 — 2/2022 Type of Work Minor PCC — Sidewalk, Ramps, Curb & Gutter, Asphalt Paving 4. Proiect Name Northeast Colony SABINA Neighborhood Improvements — Ph III City of Anaheim Principal Contact Phone Joel Jordan, Construction Project Manager (714) 765-5052 Price of Contract Dates $5,317,919.39 12/2021 — 12/2022 Type of Work Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, PCC Pavement; Domes, Asphalt Paving 5. Project Name Vision Zero — Phase 2D Owner City of Los Angeles Principal Contact Phone Jesus Arellano, Transportation Engineer (213) 972-8623 Price of Contract Dates $1,027,225.00 07/2020 — On -Going Type of Work Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let 6. Proiect Name 2018-2019 SB-1 Maintenance & Traffic Improvements Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $5,238,400 8/2019 — 4/2021 Type of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjusting 7. Proiect Name Omnibus Concrete Repair Owner City of Santa Ana Principal Contact Phone 5 Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $1,357,230.06 6/2020 — 3/2021 Type of Work Minor PCC — Ramps, Sidewalk, Curb & Gutter, Driveways 8. Project Name Gas Tax Local Street Improvements & Flower Street Sewer Manhole Improvements Owner City of Santa Ana Principal Contact Phone Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $2,546,154 1/2020 — 5/2021 Type of Work Street Maintenance: ARHM Asphalt, Coldmill, Minor PCC (V-Gutter, Sidewalk, Driveway Approach, Ramp, Curb & Gutter), Utility Adjusting 9. Proiect Name Wild Canyon Block Wall Project Owner City of Colton Principal Contact Phone Jess Soto, P.E. (909) 370-5551 Price of Contract Dates $54,936.00 9/2021 - 10/2021 Type of Work Block Wall, Perforated Drain, Sidewalk Under Drain 10. Proiect Name Mid -Block Crosswalk Installation Project Owner City of Redlands Principal Contact Phone Kyle Wagner, Construction Project Manager (909) 253-8698 Price of Contract Dates $103,499.01 8/2021— 10/2021 Type of Work Minor PCC — Ramps, Sidewalk 11. Project Name Residential Street Repair Program & Alley Improvement Owner City of Santa Ana n Principal Contact Phone Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $1,210,079.64 6/2019 — 6/2020 Type of Work Minor PCC — Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter 7 Statement of Qualification — Exhibit A CITY OF SANTA ANA BUSINESS TAX SECTION (M-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTA ANA, CA 92702 (714) 647-5447 CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 1076 TAX PERIOD: 1/1/2023 - 12/31/2023 BUSINESS NAME: EBS GENERAL ENGINEERING, INC. AMOUNT PAID: $319.00 BUSINESS ADDRESS: 1345 QUARRY ST#101 CORONA, CA92879 DATE PAID: 01/11/2023 OWNER NAME: EBS GENERAL ENGINEERING, INC. THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT • This business license tax account is void upon sale or transfer of a business • Every business is responsible for the annual renewal of their business license tax account • It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. • Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes: • Name change • Location Change • Ownership or representative change • Business activity change • The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements. Sec. 21-18. - No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) The person, firm or corporation named below has been issued this business license tax receipt pursuant to the provisions of the City Business License Tax Code (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicant/licensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicant/licensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA -TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92702 PHONE (714) 647-5447 EBS GENERAL ENGINEERING, INC. 1345 QUARRY ST #101 CORONA, CA 92879 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 1076 TAX PERIOD: 1/1/2023-12/31/2023 BUSINESS TYPE: BUILDING, GENERAL BUSINESS ADDRESS: 1345 QUARRY ST #101 CORONA, CA 92879 BUSINESS NAME: EBS GENERAL ENGINEERING, INC. OWNER/REP: EBS GENERAL ENGINEERING, INC. EXPIRATION DATE: 12/3112023 Contractor Information Legal Entity Name EBS GENERAL ENGINEERING, INC Legal Entity Type Corporation Status Active Registration Number 1000005295 Registration effective date 07/01/22 Registration expiration date 06/30/23 Mailing Address 1345 Quarry St. #101 CORONA 92879 CA United St... Physical Address 1345 Quarry St. #101 CORONA 92879 CA United St... Email Address kfairweather@ebsgeneral.com Trade Name/DBA License Number (s) CSL13:720016 CSL13:720016 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History Effective Date Expiration Date 05/11/18 06/30/19 05/26/17 06/30/18 06/03/16 06/30/17 06/19/15 06/30/16 01/12/15 06/30/15 07/01/19 06/30/20 07/01/20 06/30/21 07/01/21 06/30/22 07/01/22 06/30/23 1744801 330634599 Thomas Nanci Joseph Nand Kari Grippi 2650 E. Imperial Hwy Brea 92821 CA Un Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email TORs STACON-TPA C5E gOARD G AcO4 LIC�Ns� �..�.:,�. T CORP .-..,. "720016 G�NEEP NG NC . EBS GENERAL EN A vy� Cs�b ca g°V ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 1 klk� 02/01/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JEFF SCOTT Scott & McCauley Insurance Agency LLC HE AICONNo, EXt : 609-903-1562 AIC No 30585 Via Lindo5a ADDRESS: Jeff@SMinsuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 20478 Laguna Niguel CA 92677 INSURED INSURERB: TRANSPORTATION INSURANCE COMPANY 20494 INSURER C: THE CONTINENTAL INSURANCE COMPANY 35289 EBS GENERAL ENGINEERING, INC INSURER D : VALLEY FORGE INSURANCE COMPANY 20508 1345 QUARRY ST STE 101 INSURER E : INSURER F : CORONA CA 92879 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR $2,000 DEDUCTIBLE Y Y 7018007493 02/01/2023 02/01/2024 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 X MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY N JECTPRO ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS �( NON -OWNED AUTOS Y Y 7018007509 02/01 /2023 02/01 /2024 (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X Per accident $ C X UMBRELLA LAB EXCESS LAB X OCCUR CLAIMS -MADE Y Y 7018007526 02/01/2023 02/01/2024 EACH OCCURRENCE $ 7,000,000 AGGREGATE $ 7,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y 7034507011 09/28/2022 09/28/2023 X - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Contractors Equipment (Scheduled) 7018009485 02/01/2023 02/01/2024 $1,749,500 C Contractors Equipment (Leased & RentE 7018009485 02/01/2023 02/01/2024 $400,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured as required by an executed written contract or agreement on the General Liability, Auto Liability and Umbrella policies. Coverage is Primary & Non -Contributory where required by written contract or agreement with the named insured. Blanket Waiver -of -Subrogation is granted in favor of the Additional Insureds with respects to the General Liability, Auto Liability, and Workers Compensation policies. Thirty (30) days' notice of cancellation with ten (10) days' notice for non- payment of premium is provided. The Certificate Holder is listed as Loss Payee per written contract or agreement in regards to the Contractors Equipment policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Proof of Insurance' ACCORDANCE WITH THE POLICY PROVISIONS. AUTHHO!RIZED REPRESENTATIVE z livy © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: �►co ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Scott & McCauley Insurance Agency LLC EBS GENERAL ENGINEERING, INC POLICY NUMBER 1345 Quarry St 7018007493 Suite 101 CARRIER NAIC CODE Corona, CA, 92879 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 20478 EFFECTIVE DATE: 02/01/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page , of COVERAGE PROVIDED PERTHE FOLLOWING COVERAGE FORMS: GL - CNA75079XX (10-16)- Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement GL - CNA74705XX (1-15)- Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance GL - CNA74705XX (1-15)- General Aggregate Limits of Insurance- Per Project GL - CNA74705XX (1-15)- Waiver of Subrogation - Blanket Auto - CNA63359XX (04-12) - Blanket Additional Insured when required by written contract Auto - CNA63359XX (04-12) - Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance Auto - CNA63359XX (04-12) - Blanket Waiver Of Subrogation when required by written contract WC - G-19160-B - WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA *UMBRELLA IS FOLLOW -FORM* The ACORD name and logo are registered marks of ACORD CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 7018007493 Page 1 of 2 Effective Date: 02/01 /2022 <<PoIUWCompany» Insured Name: <<CusChangeName» Copyright CNA All Flights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured, or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows. The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 <<PoIUWCompany» Insured Name: <<CusChangeName» Copyright CNA All Rights Reserved. Policy No: 7018007493 Effective Date: 02/01 /2022 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AdpF,VJVA %Fl Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 1 Alienated Premises I Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 Policy No: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with. (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises cc -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises CNA74705XX (1-15) Policy No: 7018007493 Page 2 of 17 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions —Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. CNA74705XX (1-15) Page 3 of 17 Policy N0:7018007493 Effective Date:02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part, or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or CNA74705XX (1-15) Page 4 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from- (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: CNA74705XX (1-15) Page 5 of 17 Policy NO: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY— RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out Of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or CNA74705XX (1-15) Page 6 of 17 Policy NO: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to Occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it, or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: CNA74705XX (1-15) Page 7 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: CNA74705XX (1-15) Page 8 of 17 Policy NO:7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory- (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. CNA74705XX (1-15) Page 9 of 17 Policy No: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required. a. Physician, b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance CNA74705XX (1-15) Page 10 of 17 Policy NO: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AdpF,VJVA %F1 Contractors' General Liability Extension Endorsement (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES I PARTNERSHIP 1 LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES 1 ALIENATED PREMISES 1 PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured, (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. CNA74705XX (1-15) Page 11 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured, c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE- C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured CNA74705XX (1-15) Page 12 of 17 Policy No7018007493 Effective Date:02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000, or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that. 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured, and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: CNA74705XX (1-15) Page 13 of 17 Policy NO: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. CNA74705XX (1-15) Policy N0.7018007493 Page 14 of 17 Effective Date:02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. CNA74705XX (1-15) Page 15 of 17 Policy No: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply. A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74705XX (1-15) Page 16 of 17 Policy NO: 7018007493 Effective Date: 02/01/2022 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Page 17 of 17 Policy N07018007493 Insured Name: Effective Date:02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ��Ay/.A.l CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form, provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.. With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses CNA63359XX Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. ��Ay/.A.l CNA63359XX (Ed. 04/12) Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1 ,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph 13.3.. The accidental discharge of an airbag shall not be considered mechanical breakdown. c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage —Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: CNA63359XX Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. ��Ay/.A.l CNA63359XX (Ed. 04/12) Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto", and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from US. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA 11116 BLANKETWAIVER OF OUR RIGHTTO RECOVER FROM OTHERS -.1j ---,A This endorsement changes the policy to which it is attached. It is agreed that Part One- Workers' Compensation Insurance G. Recovery From Othersand PartTwo- Employers' Liability Insurance H. Recovery From Othersare amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE- Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Policy #: 7034507011 Policy Eff/Exp Date: 09/28/2022 - 09/28/2023 Carrier: CNA Writing Company: Valley Forge Insurance Co. © Copyright CNA All Rights Reserved. ACTION AND RESOLUTION BY THE BOARD OF DIRECTORS OF EBS GENERAL ENGINEERING, INC., A CALIFORNIA CORPORATION The Board of Directors of EBS General Engineering, Inc. (the "Corporation"), desiring to insure that all the proper and authorized individuals who have corporate authority to bind the Corporation to any and all contracts executed by such authorized individuals have been approved by the Board of Directors of the Corporation (the "Board"), held a meeting on July 26, 2019. The Board, following a review of the foregoing matter and upon motion made and seconded, hereby determines and votes unanimously as follows. BE IT THEREFORE RESOLVED that either Thomas E. Nanci or Joseph D. Nanci, acting alone, in his capacity as an officer of the Corporation, is hereby designated, authorized and empowered to be duly authorized with all the attendant powers and authorization related thereto, to bind, obligate and commit the Corporation to any and all contracts executed by and between the Corporation and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Dated: July 26, 2019 1\ i, Sole Director t7 ATTESTATION I, being the Secretary of the above -referenced Corporation, do hereby certify that the above resolution is the resolution of the Corporation. Dated: July 26, 2019 Jc \' Secretary Statement of Qualification — Exhibit B William E. Ellis, Jr. Corona, CA 92879 Cell: (714) 448-1136 Current Position: EBS General Engineering, INC. Project Manager Insurance Claims Liaison Safety Officer Prior Experience: Seal Black/Helmick Asphalt Operations Manager Foreman Operator Bay Alarm Company Foreman Laborer Capabilities/Experience: • Customer Relations/Service • Communications • Project Supervisor • Project Cost Estimation • Project Comprehension • Project Management • Materials Submittals/Compliance • Asphalt Paving Management • Concrete Masonry Management • Industrial Security Systems Installation Corona, CA 2005-Present 2007-Present 2008-Present Garden Grove, CA Oakland, CA July 2005 — Present April 1987 — July 2005 • Project Safety Supervisor • Employee Safety Liaison • Change Order Execution • BIT Compliance • Traffic Control Planning • SWPPP Planning/Compliance • Railroad Safety Courses • OSHA Compliance • CPR Certified • Tail -Gate Safety Meeting Organizer 1979 —1987 William (Willie) has 30 plus years experience in multiple areas of the construction industry. His experience with industrial and infrastructure construction has afforded him a skill -set of high productivity within the organization. As a project manager at EBS, Willie executes contract compliance, purchase orders and sub -contracts, project review, material submittals and compliance, and coordination with various agencies, contractors, developers and engineering firms. He also helps EBS to obtain the necessary encroachment and building permits, city standards and plans, and safety programs for all projects big and small. During Willie's 30 years in the industry, he has also been intermittently certified on various safety programs such as railroad safety programs, OSHA Certified Safety programs, and CPR certification classes. His extensive and comprehensive construction background makes Willie a pivotal component of EBS's organizational structure. Im Gerardo Gonzalez 928 Hemingway DR., Corona Ca 92878 1 (951) 545-5402 1 gordy432g0yahoo.com • Coming from an immigrant family where my parents struggled and worked hard to owned their business in the nursery industry. Growing up see the hard labor, I learned the same skills to work hard and be responsible. DEGREE I DATE EARNED I SCHOOL • High School Diploma 1 2003 1 Santiago High School N/A 1 2 Years I Riverside Community College Skills & Abilities Read and Understand Engineering, Landscape, & Architectural plans. Knowledge and Implementation in Standard Specification for Public Works "Green Book" Knowledge and Implementation in Caltrans Standards & Specifications Knowledge and Implementation of in the MUTCD & WATCH Manual Check and read Survey Grade Operate Construction Equipment MANAGEMENT • I've Managed City or Federal funded road rehabilitation jobs from ten thousand to eight million -dollar projects throughout southern California. Keeping track of projects within budget, billing and finishing on time is just one of many skills used to complete work. COMMUNICATION • Communication is one of the most important skill used, not only face to face interaction but also keeping upper management, general contractor or city officials informed through emails. LEADERSHIP • Have to lead work force from one to twenty employees at times. Keeping everyone to work in sync together and positive attitudes and safely to move the project forward is possibly the most important job I do. LABOR I HILLCREST CONTRACTING I APRIL 2004 -AUGUST 2006 • First job in the trade and started as a general labor and in about six months moved up to junior foreman and learned to read plans, standard forms, grade check, and operate some equipment. FOREMAN I EBS GENERAL ENGINEERING I AUGUST 2006 — APRIL 2013 • Came to EBS to get into the union so I can have a career with benefits and retirement. Started as a general labor and in two years moved up to foreman and began to run projects in the public works side of the company. FOREMAN I THE R.J. NOBLE COMPANY I APRIL 2013 — APRIL 2020 • Got the opportunity to move to this company that produces their own aggregate and asphalt material. They get awarded larger jobs which got me the opportunity to learn more about California infrastructure FOREMAN I EBS GENERAL ENGINEERING I APRIL 2020 — PRESENT • Came Back to EBS to learn more about structural Concrete since EBS is involved a lot with lager scale companies like Flatiron, AMES, OHL, Etc. which get involved high large infrastructural Projects. There is also movement in Higher Involvement positions. Statement of Qualification — Exhibit C Courtney Dixon General Manager i Accounts Receivable 10% time devoted to this Project (D Thomas Nand Joseph Nanci, Vice President Owner) President (Owner) 5% time devoted to this 5% time devoted to this Project Project Willie Ellis, Estimator I Gerardo Gonzalez Project Manager Superintendent Kathy Fairweather, HR i Payroll Officer 10% time devoted to this Project Vanessa Coronado. Accounts Payable 1 Payroll Cleric 1 Labor Compliance 10% time devoted to this Project Maggie Halloran. Reception 1 Executive Assistant 10% time devoted to this Project 30% time devoted to this Project 8 Cristina Whitcher. Project Coordinator Insurance Manager. Contracts & Subcontracts. Biliing 30% time devoted to this Project 20% time devoted to this Project l� Danny Gould, Superintendent 20% time devoted to this Project Brian Rodriguez. Dispatch 5% time devoted to this Project EBS Crew Members (Specific Crew(s) TBD) (Elms general engineering, inc, SCOPE OF SERVICES AND SCHEDULE for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SCOPE OF SERVICES EBS is providing the following notes as its requirement to outline it's understanding of the Scope of Services provided in RFP 22-096. PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM ' • DESCRIPTION BID QTY UNIT • ) - 2.0 AC Pavement 130.0 TN IL 3.0 , Furnish and Install #6 Pullbox 4.0 EA *18* PRICE PER TON -{_ •18" FURNISH & INSTALL _ PER (CA) MUTCD, CALTRANS, CITY INCLUDES PAVING AT OVER -EXCAVATION STDS. ' CONCRETE PULL BOX ------------ y--------------- ----------------------------------------------'-- REMOVE &DISPOSE EXISTING PULL BOX 1103A: TYPICAL SECTION #6 30" X 15" X 12" MINIMUM 4"AC/8"AB ' CAN BE FULL DEPTH AC SECTION WITH ; _______ APPROVAL ----------- + -------- CROWN 0.40' ABOVE GUTTER FLOW LINE ___________ ___________________________________________________________ _ _ ________... xrri:µ x..eeerus_aeu n.�c.. '.wtso �sc.r .ae rrc ___________ _____________________________________________________________ _______________.� +� {sy .L' ELJ 1■O !S I PHASE ITEM DESCRIPTION j - 4.0 Adjust Manhole to Finished Grade ------- ------------------------- *19* PAID AS EACH ADJUST TO GRADE ._----------i. *NO MENTION OF LOWERING OR DOUBLE ADJUST* 1200: GENERAL NOTES a 1211: 36" SEWER MANHOLE COVER '------------ .. PCC COLAR #3 LONGITUDINAL -------- NECK: MIN 6", MAX 24" COVERS PER STD. 1211 WATER COVER MAY BE FRP, VERIFY WITH ENGINEER ------------ ------------ aCTRICAL SVSTCMS 1-TRAFFIC GULL BOX$ !48A . luau q. TWY!•wc.IlrarY, --------- BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY UNIT 5.0 EA 5.0 PCC Curb and Gutter (Type A-2-8) 100.0 LF *19* PAID BY LF GRADING ____ COMPACTION SUB -GRADE CONSTRUCTING CURB & GUTTER SPPWC 301-1, 303-5 CITY STANDARDS ---------- �-------- COSA 1101 '----------F-------- WPJ 20'C SAW CUT ._-_-_-_--_---.-----_ REMOVE C7g INCLUDES VAC SLOT THICKEN GUTTER TO 12" AT BUS STOPS KEYED FOR WALK AT BACK OF CURB BUS PAD STD. 1108 --------- ---- - M� 6-+12.1. 2n' .,lY ------------------- ----------- ^71 7 -6 co+si .xu; 17- A-2-B - 10 PHASE ITEM DESCRIPTION BID CITY UNIT 6.0 Signing and Striping 1.0 LS *19* PER CAMUTCD STY STANDARDS --------------------- SPECIAL PROVISIONS/CONTRACT DOCUMENTS 1125A: HYDRANT MARKERS _______ --- __________ _ 1125B: STRIPING AN DPAVEMENT MARKERS 1125C: RAISED PAVEMENT MARKERS 1125D: RAILROAD CROSSING MARKINGS ________________ 1125E: INTERSECTION SIGHT DISTANCE _.--1------------- 1125F: TRAFFIC CONTROL PLAN 1502: REFLECTORIZED STREET NAME SIGN 1503: STREET NAME SIGN 1503A: CEREMONIAL STREET SIGN TOPPER 1504A: SIGN POST INSTALL 1504B: SIGN POST INSTALL 1505: STOP SIGN MARKING AND PLACEMENT PHASE ITEM DESCRIPTION 7.0 Traffic Control Work *19* PER WATCH MANUAL CA MUTCD CALTRANS CITY STANDARD 1125F: TRAFFIC CONTROL PLAN GENERAL NOTES SAMPLE PLAN PLAN BY ENGINEER, SIGNED TRENCH PLATES SIT FLUSH WITH FS 11 12 PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY (UNIT 1.0 Unclassified Excavation 550.0 CY 2.0 PCC Sidewalk (T=4") 2,500.0 SF .-------------------------- {------------- *20* PRICE PER CY "20" INCLUDES FILL GRADING OVER -EX PAID AS UNCL EXCAVATION COMPACTING SUB -GRADE ------------- CONSTRUCT 4" PCC SIDEWALK SPPWC 301-1, 303-5 6" THICK PAID AT 1.5 TIMES UNIT PRICE STD. 1104 520-C-2500 SIDEWALK 4", BACK OF ALLEY OR DRIVEWAY, REFER TO STANDARD PLAN 1/4" EJ 3' X 3' TREE WELLS BACK OF CURB PER STD. 1124 PRESERVE HISTORIC FEATURES BACK OF CURB OR AT PARKWAY II� BACK OF CURB KEYED INTO CURB 13 PHASE ITEM DESCRIPTION 3.0 PCC Curb Ramp "------------- ----------- --- *20*--------- ------------, PAID BY LF GRADING COMPACTING SUB -GRADE CONSTRUCT 4" PCC SIDEWALK CURB RETURN CITY STANDARDS ____________________ 1122: CURB RAMP DETECTABLE WARNING SURFACE -CAST IN PLACE BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY' UNIT 3,000.0 SF - 1 4.0 PCC Curb and Gutter (Type A-2-8) 100.0 LF *20* _ LIMITS: BCR - ECR NO GUTTER LIP AT RAMP TOP AND BOTTOM LANDING (MIN. 4') RETAINING CURB AS REQUIRED 12" WIDE BLINDMAN T=4" y_--_.._...._.. ------------------------ 520-C-2500 ----------------- DARK GRAY DOMES --------------------- PAID BY LF A2-8 CURB & GUTTER GRADING COMPACTION SUB -GRADE CONSTRUCTING CURB & GUTTER SPPWC 301-1, 303-5 CITY STANDARDS COSA 1101 WPJ 20'C SAW CUT REMOVE C7g INCLUDES VAC SLOT THICKEN GUTTER TO 12" AT BUS STOPS KEYED FOR WALK AT BACK OF CURB BUS PAD STD. 1108 14 15 PHASE '21* ITEM DESCRIPTION 7.0 Catch Basin (Type "B," W=10' -------------------------- -- TYPE B, W=10' I ------------ 4-- i GRADING i - ----------- - COMPACTIN SUBGRADE i ------------------- CONSTRUCT CATCH BASIN ............... SPPWC 301-1, 303-1 CITY STANDARDS --------------- REMOVAL OF EXISTING REPLACE OF EXISTING ___________________ . _-----------------------I_-. STD. 302 -------------------------- #3 REBAR 8" OC, TOP & BOTTOM SLABS SUPPORT BARS --------------- SAND BACKFILL, 2- AROUND STRUCTURE LOCAL PER STD. 305 PROTECTION BAR PER 305A SUPPORT BOLTS PER 305A -------- ------------------ i --------- --------------------- ------------------ ------------------- ------------------ BID CITY UNIT PHASE ITEM DESCRIPTION - BID CITY UNIT Remove and Replace 30" Reinforced 1.0 EA 8.0 Concrete Pipe 75.0 LF d ---------- 4 I --------- GRADING COMPACT SUBGRADE ----------- REMOVE EXISTING REPLACEING 30" RCP SPPWC 306 CITY STANDARDS ----------- -- 16 PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM DESCRIPTION el BID CITY UNIT Guard Rail Replacement (Caltrans RSP Guard Rail Replacement 9.0 A77N4) 50.0 LF 10.0 Termination (Caltrans) 1.0 EAR GUARDRAIL REPLACEMENT GRADING TERMINATION PER CALTRANS COMPACT SUBGRADE SUBGRADE PREPERATION CONSTRUCT GUARD RAIL REPLACEMENT I SPPWC 204, 304-2.2, CALTRANS RSP A77N4 CITY STANDARDS SPPWC 301. 1� 204, 304-2.2 REMOVAL .........______________________________T.. CITY STANDARDS i •. REMOVAL OF EXISTING _ SUB WORK 17 PHASE "22x ITEM DESCRIPTION BID CITY UNIT _� PHASE ITEM DESCRIPTION BID�QTY ®T UNIT Remove and Replace Chain Link R/W 11.0 Fence 50.0 LF 12.0 Concrete Barrier Type 836 (Caltrans) 50.0 LF •22" PAID BY SF GRADING i i GRADING ..--------------------�------------T-------- COMPACT SUBGRADE COMPACT SUBGRADE CONSTRUCT FOUNDATIONS REMOVAL OF EXISTING BARRIER REMOVE AND REPLACE CL FENCE CONSTRUCT BARRIER TYPE 836 SPPWC 301-1, 303-5, 304-3 _ SPPWC 301-1 T BRIDGE STANDARD DETAIL XS (XS16- CITY STANDARDS I _ 045) 310, 311, 312, 313, 314, 315 I ..,...--------------i------------ r',,. ...i RSP Bll-79 B11-80 5�i" s� 1" CHAMFER, TYP * s5 ❑ ° 16 se5, Tot 10 ----------------------------------------------------------------------- s5JOINT ---------------`--------------------------------------------- t--.... r re A" - 4. ° 8 EVERYWHEREELSE ,k ------------------------------------------------------------- ------------ ----- o Cone? it • i CONCRETE DECK N • --------------- `---------------------------------------------- 7------------- z OR FG DECK ReTnf-- --------------- ------------------------------- -------------T----- kS 1jii * L is x5 Cont, _It ===-I. s ° Tot 2 *4, Tot 10 ° TYPE 836 w x5 ° 12 of wall joint 18 T PHASE ITEM DESCRIPTION BID CITY UNIT I 19 Schedule EBS is providing the following schedule as its requirement per RFP 22-096. Also see a list of current EBS workload attached hereto as "Scope of Services and Schedule — Exhibit A" We are confident we will be able to incorporate all work issued per Task Order into our current and upcoming workload. 20 ID a Task Name Duration Start Finish 1 2 or CONTRACT WORKING TIME 90 days Mon 316123 Sat 6l 3 or PRE -CONSTRUCTION MEETING 1 day Thu 2/14/02 Thu 2/1 4 SUBMITTALS 15 days Fri 2/10/23 Fri 3/ 5 ® USA 1 day Mon 2/27/23 Mon 2/2 6 WORKING TIME 43 days Mon 316123 Wed 51 7 MOBILIZE TASK ORDER A 16 days Mon 316/23 Mon 3/2 8 0; PLACE BMP 1 day Mon 316123 Mon 3/ 9 0; SURVEY 1 day Mon 316123 Mon 3/ 10 a; POTHOLE 1 day Tue 317123 Tue 3/ 11 0; CLEAR & GRUBB 1 day Tue 317123 Tue 3/ 12 SAW CUT 1 day Wed 3/8123 Wed 3/ 13 REMOVE AC/BASE TO NEW SECTION 4 days Wed 318123 Mon 3/1 14 REMOVE CURB & GUTTER 1 day Wed 318123 Wed 3/ 15 PLACE AND COMPACT BASE 3 days Tue 3/14/23 Thu 3/1 16 CONSTRUCT CURB AND GUTTER 1 day Fri 3/17123 Fri 3/1 17 FINE GRADE STREET SECTION 1 day Mon 3/20/23 Mon 3/2 18 AC PAVE - FULL LIFT 1 day Tue 3/21/23 Tue 3/2 19 ADJUST MANHOLE 1 day Wed 3/22/23 Wed 3/2 20 REMOVE AND REPLACE PULL BOX 1 day Thu 3/23/23 Thu 3/2 21 CAT TRACK 1 day Fri 3124123 Fri 312 22 PLACE STRIPING AND MARKINGS 1 day Mon 3127123 Mon 3/2 24 MOBILIZE TASK ORDER B 43 days Mon 3/6123 Wed 5 25 or PLACE BMP 1 day Mon 316123 Mon 31 26 SURVEY 1 day Tue 317123 Tue 3) 27 POTHOLE 1 day Wed 318123 Wed 3) 28 CLEAR & GRUBB 2 days Thu 319123 Fri 3/1 29 SAW CUT 1 day Mon 3/13/23 Mon 3/1 30 REMOVE CTACH BASIN 2 days Tue 3/14/23 Wed 3/1 31 EXCAVATE TRENCH FOR RCP 2 days Thu 3/16/23 Fri 3/1 32 CONSTRUCT CATCH BASIN 5 days Thu 3/16/23 Wed 3/2 33 REMOVE SIDEWALK 2 days Thu 3/23123 Fri 3/2 34 REMOVE RAMPS 3 days Mon 3/27/23 Wed 3/2 35 CONSTRUCT RCP 3 days Tue 3/28/23 Thu 313 36 TIE-IN RCP AND EXISITNG AND NEW CB 1 day Fri 3/31/23 Fri 313 0% % SUBMITTALS 0% N USA 0% v1 0% v MOBILIZE TASK ORDER A 0% PLACE BMP 0° SURVEY 0°/ POTHOLE 0° CLEAR & GRUBB 00 SAW CUT N ASE TO NEW SECTION TER ND COMPACT BASE UCT CURB AND GUTTER E GRADE STREET SECTION C PAVE- FULL LIFT ADJUST MANHOLE REMOVE AND REPLACE PULL BOX T TRACK 0% PLACE STRIPING AND MARKINGS 0% I 0% PLACE BMP 0% SURVEY 0% POTHOLE 0% EAR & GRUBB 0% SAW CUT 0% REMOVE CTACH BASIN 00 EXCAVATE TRENCH FOR RCP 0° CONSTRUCT CATCH BASIN 0% MOVE SIDEWALK 0% REMOVE RAMPS 0 CONSTRUCT RCP 0% E•IN RCP AND EXISITNG AND NEW CB Task External Tasks Duration -only External Tasks Split External Milestone ♦ Manual Summary Rollup ♦ External Milestone Project: TASK A AND B SCHEDULE.m Date: Mon 216123 Milestone ♦ Inactive Milestone 0 Manual Summary ♦ Progress Summary VmmmmmmmmmmW Inactive Summary Start -only Deadline 0 Project Summary W111111119 Manual Task 0 Finish -only Page 1 ID a Task Name Duration Start Finish 37 BACKFILL RCP, CATCH BASIN 2 days Mon 413123 Tue 4t 38 CONSTRUCT CURB RETURNS 3 days Wed 415123 Fri 41 39 CONSTRUCT LOCAL 1 day Mon 4/10/23 Mon 411 40 CONSTRUCT CURB RAMPS 3 days Tue 4/11/23 Thu 4l1 41 CONSTRUCT SIDEWALK 2 days Thu 4/13/23 Fri 411 42 PAVE AC SLOTS 1 day Mon 4/17/23 Mon 411 43 BASED PAVE TRENCH 1 day Mon 4/17/23 Mon 411 44 CONSTRUCT BARRIER 5 days Tue 4/18/23 Mon 4l2 45 GRIND AND PAVE TRENCH LINE 1 day Tue 4/25/23 Tue 412 46 R & R GUARDRAIL 4 days Wed 4/26/23 Mon 51 47 R&R CL FENCE 2 days Tue 512123 Wed 51 0% -E 0% 4KFILL RCP, CATCH BASIN NSTRUCT CURB RETURNS 0% CONSTRUCT LOCAL 0% CONSTRUCT CURB RAMPS ° NSTRUCT SIDEWALK 00/ PAVE AC SLOTS 00 BASED PAVE TRENCH 0% CONSTRUCTE 0% GRIND AND F 0% R & 0% 1 Task External Tasks Duration -only External Tasks Split External Milestone ♦ Manual Summary Rollup ♦ External Milestone Project: TASK A AND B SCHEDULE.m Date: Mon 216123 Milestone ♦ Inactive Milestone 0 Manual Summary ♦ Progress Summary VmmmmmmmmmmW Inactive Summary Start -only Deadline b Project Summary W1111111V Manual Task 11, Finish -only ==Mw Page 2 Scope of Services & Schedule — Exhibit A O-Open C-Closed X=Canceled JOB NUMBER P=Prime S=Sub R=Rentel CUSTOMER CUSTOMER JOB# JOB TITLE TRACT/PROJECTI FED NUMBER CROSS STREETS/NOTES CITY CONTRACTVALUE O 20103 S Ortiz 219 Caltrans 12-OK0214 Rte 5 from Avery Plky Undercrossing to Crown Vall OC $ 1,053,970.00 O 20118 S Teichert Utilities 30072 Caltrans 07-312004 Various Rtes 2, 5, 101, 105, 110 La County $ 76,275.00 O 20120 S International Line Builders 2011505009 Vision Zero - Phase 2D WO #E1908593 Los Angeles $ 1,027,225.00 O 20150 S Brihtview 132556 1-405 Landscape Improvement Project Interstate 405 between SR-73 and Interstate 605 Orange County O 20154 S Guy F. Atkinson Construction 150374 Caltrans 12-OK0234 Avenida De La Carlota & Oakbrook Village, Laguna Orange County $ 1,099,063.85 O 20225 S Sierra Pacific Electrical 6634 Duke Rider Morgan & Webster Ave Perris $ 33 031.00 O 21108 S Crosstown Electrical 4392 Caltrans 07-4VO204 Rte 213, Crestwood St Los Angeles $ 132 605.00 O 21111 S Select Electric, Inc. 3504 Highway Safety Improvement Program (HSIP) Cycle 6 - RRFB Project E1907966 Various Los Angeles $ 1,098,865.13 O 21113 P Long Beach, City of PW20-084 Design -Build Services for Curb Rams Various Long Beach $ 9,850,550.00 O 21114 S Stacy Witbeck 1604 Anaheim Canyon Metrolink Station Improvements IFB 0-2193 1039 N. Pacific Center Dr. Anaheim $ 438,132.00 O 21124 S Ortiz 227 Caltrans 07-293604 Rte 405 - Western Ave undercrossing to 182nd St L Torrance $ 248,614.90 O 21130 S Ferreira 5382 Lockheed Martin Solar Farm E. Rancho Vista Blvd & 15th ST. E. Palmdale $ 102,350.00 O 21132 S California Professional En ineerin 2170 Traffic Signal Upgrades Citywide Project 21348 Citywide Pico Rivera 38 167.00 O 21138 S RAM Construction Orange Financial 701 S. Parker St Orange 240,112.90 O 21140 S SEMA 111906 Creek District Infrastructure Via Vera Cruz and Discovery Street San Marcos 610,014.78 O 21142 S International Line Builders 2111505015 Westside Mobility - Ph 2, CD 5 Westside Traffic Signal Improvements & Warner Center Project WO E1908861 Various, Citywide Los Angeles $ 427,150.00 O 21143 S California Professional En ineerin 21114 Traffic Signal and Median Improvements for Brookhurst St and Boise Row Way P-2536 Brookhurst & Boise Row Westminster $ 60,010.00 O 21144 S Chumo 318 Caltrans 07-320004 Rte 14 - Canyon Park Blvd undercrossing to Spring. Santa Clarita $ 350,517.00 O 21145 S Ortiz 229 1-10 & Alabama Street Interchange 21-1002620 Alabama Street Overcrossin Redlands $ 268 001.00 O 21146 S J.F. Shea 643 East Garden Grove - Wintersbung Channel Warner Ave to Goldenwest St Garden Grove $ 580,119.48 O 21148 S Ortiz 230 San Fernando Regional Park Water Infiltration Project 7601 First St and Jessie St San Fernando $ 77,219.92 O 21223 S J.F. Shea 654 Wells 201 202 203 and 205 Eui in Various Locations Hemet $ 337 555.00 O 21227 S Excel Paving 5812 Gage Ave Median Islands WO E1908105 Avalon Blvd to Central Ave Los Angeles 96 480.00 O 21305 S EBS Concrete 2116 Newport Coast HOA Driveways Newport Beach O 22100 S Pacific H drotech CorpC2127 Well No. 37 &39 Ion Exchange Treatment Facilities Project E. Guasti Road Ontario $ 40,167.85 O 22101 S J.F. Shea J-13658 Regional Water Reclamation Facility Indian Ave & Dillon Rd Desert Hot Springs $ 285,260.00 1418 Terraces at Walnut Valle Blvd & Escalada Ave Walnut $ 900 177.40 Filanc Brown & Caldwell, Joint Van 476 MFRO Facility for Agriculture 901 W. Washington Ave Escondido $ 235 417.60 Walsh 221191 McKinley Street Grade Separation 2012-12 McKinley at Sampson Corona $ 758 988.87 Crosstown Electrical 4561 Traffic Si nal Installation - Ta auta Ave & Del Amo Blvd 1628 Ta auta Ave & Del Arno Blvd Carson 23 962.10 Crosstown Electrical 4560 Traffic Signal Installation - Central Ave & Dimondale Dr 1611 Central Ave & Dimondale Dr 72,766.00 29109 IS Crosstown Electrical 4322 Traffic Signal at Irwindale Ave & Camino De La Canters 30,630.00 27111 .1; Teichert Utilities 30066 Westminster Force Main Replacement 3-62 Westminister Blvd & Seal Beach Blvd 146,794.29 Crosstown Electrical 4649 Chanceable Messace Sian Pro act 127,334.13 RJ Noble 9334 D5 "A" Street Improvement Lynx & Irvine Blvd & 511 783.40 Autobahn 22-196 Caltrans 07-336504 Rte 110/1 Separation to Sepulveda Blvd 154 698.50 Calmex 22-1075 2020/2021 Street Overlay & Reconstruction E Santa ana Ave & Riverside Ave 1,376,264.50 Ferreira 5439 Spinnaker Bay Drive Water Main Replacement Ph 1 Long Beach 225 400.00 VIP Systems Broadband Enclosure Concrete Pad 19494 Country Club Dr Rialto 72 495.00 Marina Landscape 152203 Cabrillo Park Irrigation Renovation 21-2727 Cabrillo Park Dr & Fruit Dr Santa Ana 18 300.00 Shimmick 245 Municipal Urban Stormwater Treatment Facility Phase 1 805 De Forest Ave Long Beach IR 83,834.50 Marina Landscape 152207 Pacific Park Tract 28794 Park Improvements Menifee 463 949.10 O 22133 S D nalectric 321038 Santa Anita Ave and Klingerman St, Rush St, and Central Ave Traffic Signal Modification Project South El Monte $ 137,675.00 O 22134 S Crosstown Electrical 4673 Caltrans 12A1929 Rte 5 - Southbound Ramp from Victoria Fullerton $ 44,400.00 O 22135 S Baker Electric 22555 Citywide Traffic Signal Improvements Project - Cycle 9 Placentia $ 425,408.50 O 22136 S Grbcon 22SWO8 Center Greens Sanitary Sewer Improvements Anaheim $ 24,043.01 O 22138 P Santa Ana, City of 21-2740 Flower Street Bike Trail Renovation From Crossover to Warner Ave Santa Ana 1,066,714.35 O 22139 S Bali Construction Kaiser Permanente - Normandie Upgrade Parking Lots 9 & 10 Harbor City 115 633.50 O 22141 S International Line Builders 2211505006 Caltrans 08-1 L7004 Various Locs on the 10,15,60,91,215 Fwys Riverside County $ 79 900.00 O 22142 S Shimmick 256 El Cajon Transit Center Third Track Construction El Cajon 169 133.20 O 22144 S Pacific H drotech CorpC2212 2.08 MG Deane Zone Tank Improvements Santa Clarita $46,809.80 O 22145 S Crosstown Electrical 4782 Caltrans 08-15704 Hemet $152,163.70 Marina Landscape 152223 Eastern Avenue Existina Median Improvements Stevens Ave to Randolph PI Commerce Select Electric Inc. 3549 Ten Signalized Locations on Los Coyotes Diagonal Long Beach $ 36,066.95 Kiewit 104796 10507 Garfield Ave Fountain Valle $ 22733250 Excel Paving 5824 T-154 Torrance $ Baker Electric 22698 Various Pico Rivera $ 5-R-19 Various Stra'atHSIPL-5055 187 Crescent Ave to Glenoaks St Anaheim O 22211 P Chino, City of ino ChAvenue Accessibility and Curb Ramp Improvements at 16th, 17th and 19th Streets & Norton Avenue PCC Walk and Curb Rams MS-202 & ST-221 Tronkeel & Benson Chino $ 446,249.00 O 22215 S Baker Electric 23196 Reims ine Ventura Project - Phase 1 WO E1908488 Los Angeles $ 241 442.00 O 22216 S A&Y Company 22-089 10 Actin ton Ladera Ranch $ 10 290.00 O 22217 S Sierra Pacific Electrical 6816 Traffc Si nal Installation at Lakeshore Drive & Dryden St Lake Elsinore $ 49 698.00 O 22218 S Belco 14-0757 Lon Ave HAWKS stem San Jacinto 22 700.00 O 22222 S Ferreira 5466 Haven Avenue at Project DrivewayRancho Cucamonga 369 697.00 0 22223 S International Line Builders 2211505009 ITraffic Signal Improvements Project 19-008 lWhittier 161 950.00 O 22224 P Chino, City of Kellogg Ave and Madison St Gap Closure Curb Ramp and Sidewalk Improvements & Olive PI and Walnut Ave Curb Ramps ST-223 & MS-202 Chino $ 297,008.00 O 22225 S CEM Construction 230 Norco MDP Lateral NAC Extension Storm Drain Norco $ 191,970.00 O 22226 S Sierra Pacific Electrical 6860 St Jeanne School Buttefield Stage & Lestonnac Traffic Signal Temecula $ 69,034.00 O 22227 S Ben's Asphalt Spotlight 29 50k Curbs 50000 Dillon Road, Coachella, CA Coachella $ 131,685.00 O 22228 S Sierra Pacific Electrical 6862 Alder & Miro Way Traffic Signal Modification Rialto $ 38 104.00 O 22229 S Ferreira 5505 LAWA Intelligent Trans oration Systems ITS Inglewood $ 190 460.00 O 22300 S Calmex Calmex Yard $ 62 878.00 O 23000 R All American Asphalt Misc. Rentals See Billing Audit for Details O 23001 R Calmex Misc. Rentals See Billing Audit for Details O 23002 R Excel Paving Misc. Rentals See Billing Audit for Details O 23003 R Hillcrest Misc. Rentals See Billing Audit for Details O 23004 R RJ Noble Misc. Rentals See Billing Audit for Details O 23005 R Shawnan Misc. Rentals See Billing Audit for Details O 23006 R A&Y Company Misc. Rentals See Billing Audit for Details O 23007 R Hercon Misc. Rentals See Billing Audit for Details O 23008 R IE General Engineering Misc. Rentals ISee Billinq Audit for Details O 23009 R Nobest Misc. Rentals See Billing Audit for Details O 23101 P Perris, Ci of P8-1447 Ci ide Pedestrian Improvements CDBG CIP #5129 Perris ,746.50 O 23200 S Belco 14-0812 HAWK Pedestrian Si nal at Ra uet Club &Via Miraleste Palm S rin s F:,200.00 O 23201 S Califomia Professional En ineerin 2302 Studebaker Road Traffic Signal Improvements CityNo. 7234 KenneySt to Rosecrans Ave Norwalk ,800.00Ste hen Doreck Mauna Loa Ave Water and Street Im rovements Mauna Loa Ave east of Glendora Ave Glendora 319.00 (Elms general engineering, inc, FEE PROPOSAL for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SAMPLE TASK ORDER A - ASPHALT CONCRETE ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Unclassified Excavation 550 CY $235.00 $129,250.00 2 AC Pavement 130 TN $550.00 $71,500.00 3 Furnish and Install #6 Pullbox 4 EA $1,950.00 $7,800.00 4 lAdjust Manhole to Finished Grade 5 EA $2,100.00 $10,500.00 5 PCC Curb and Gutter (Type A-2-8) 100 LF $88.65 $8,865.00 6 Signing and Striping 1 LS $9,820.78 $9,820.78 7 Traffic Control Work 1 LS $18,125.00 $18,125.00 TOTAL $255,860.78 SAMPLE TASK ORDER B - CONCRETE PAVING ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL 1 Unclassified Excavation 550 CY $235.00 $129,250.00 2 PCC Sidewalk (T=4") 2500 SF $11.50 $28,750.00 3 PCC Curb Ramp 3000 SF $25.50 $76,500.00 4 PCC Curb and Gutter (Type A-2-8) 100 LF $88.65 $8,865.00 5 Furnish and Install #6 Pullbox 4 EA $1,950.00 $7,800.00 6 Adjust Manhole to Finished Grade 5 EA $2,100.00 $10,500.00 7 Catch Basin (Type "B," W=10' ) 1 EA $74,200.00 $74,200.00 8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF $1,700.00 $127,500.00 9 Guard Rail Replacement (Caltrans RSP A771\14) 50 LF $465.00 $23,250.00 10 Guard Rail Replacement Termination (Caltrans) 1 EA $8,000.00 $8,000.00 11 Remove and Replace Chain Link R/W Fence 50 LF $145.001 $7,250.00 12 Concrete Barrier Type 836 (Caltrans) 501 LF $725.501 $36,275.00 13 Traffic Control Work 11 LS $32,032.001 $32,032.00 TOTAL $570,172.00 EMPLOYEE NAME POSITION HOURLY RATE Thomas Nanci Owner/President $ 200.00 Joseph Nanci Owner/ Vice President $ 200.00 Courtney Dixon Office Staff - Management $ 150.00 Willie Ellis Office Staff - Management $ 150.00 Luis Morales Office Staff - Management $ 150.00 Danny Gould Office Staff - Field Management $ 150.00 Gerardo Gonzalez Office Staff - Field Management $ 150.00 Kathy Fairweather Office Staff - Other $ 135.00 Cristina Whitcher Office Staff - Other $ 135.00 Vanessa Coronado Office Staff - Other $ 115.00 Maggie Halloran Office Staff - Other $ 115.00 Brian Rodriguez Office Staff - Other $ 115.00 Cement Mason -Journeyman $ 100.50 Cement Mason - Foreman $ 125.96 Laborer - Foreman $ 125.96 Laborer - Group 1 $ 92.46 Laborer - Group 2 $ 92.46 Laborer - Group 3 $ 92.46 Laborer - Group 4 $ 92.46 Laborer - Apprentice $ 92.46 Laborer - Flagman $ 92.46 Operator - Foreman $ 125.96 Operator - Group 1 $ 123.28 Operator - Group 2 $ 123.28 Operator - Group 3 $ 123.28 Operator - Group 4 $ 123.28 0 Q general engineering, inc, CERTIFICATIONS for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired. connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof. or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization. bid depository. or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that raNng a falseSx4ification may subject the certifier to criminal prosecution. Signed e of alifornia Count Subscribed and sw a who appeared before me (or affirmed) before me on this day of , 20_, by droved to me on the basis of satisfactory evidence to be the person(s) Notar% Public Signature Notary Page 7 of 10 A 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 Riverside Subscribed and sworn to (or affirmed) before me on this 01 day of February , 20 23 , by Joseph Nanci proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me. MAGGIE MAE HALLORAN Notary Public - CallforMa z sv Riverside County Commission All 2426532 My t6mm. Expires Nov 14, 2026 (Seal) Signatu CITY OF SANTA ANA REP NO.: 22-096 ON CALL EMERGENCY ASPHALT & 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite For making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 an t all such su ipients shall certify and disclose accordingly. Signed: Title: Vice de Firm: EBS General Engineering, Inc Date: 2/1 /2023 Page 8 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer. during the performance of this contract, certifies as follows: 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule. regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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. 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 Chanter. Signed: Title: Firm: EBS Genera! Engineering. Inc _, Date: 2/1/2023 Page 10 of 10 EXHIBIT 3 AGREEMENT WITH PALP, INC., DBA EXCEL PAVING CO. TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA 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 California ("City"). 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: 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. 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 project/location (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 waiver of 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 form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) 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 38 04 13. (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, failures 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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brajid6fi Salvatierra iDla�nw•ai�w•i������nr � RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager PALP, INC., DBA EXCEL PAVING CO. rtis P. Brown III resident CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A 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 kc_Q Ck Zy Z073before me, Myisha Monique Riven, Notary Public , Notary Public, 1 (Here 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/* subscribed to the within instrument and acknowledged to me that he/s)e/tP& executed the same in his/t*/their authorized capacity(ies), and that by his/l*/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. WITNESS my hand and official seal. Signature of Atary Public MYISHA MONIQUE RIVEN COMM. #2377053 an IL Notary Public-Califomia # LOS ANGELES COUNTY (Notary Seal) ra . , My Comm. Expires Sep 30, 2025� a e�aQc a ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) 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 Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • -Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/firer is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. d Indicate title or type of attached document, number of pages and date. 4- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TbeProLinkcom — Nationwide Notary Service CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (T e 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 (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' ) 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 (Caltrans) 50 LF 13 Traffic Control Work 1 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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-278) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 SCOPE OF WORK Introduction and Bac ound: 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 IUNDER 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 I Unclassified Excavation 550 Cy $298.00 $163,900.00 2 AC Pavement 130 TN $280.00 $36,400.00 3 Furnish 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 $1$ 500.00 6 SigningSigiling and Striping 1 LS $9,800,001 $9,800.00 7 Traffic Control Work I LS $46,000.001 $46,000.00 Page 1 of 8 CITY OF SANT'�r 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 $298.00 $163,900.00 2 PCC Sidewalk (T=4") 2,500 SF $23.00 $57 500.00 3 PCC Curb Ramp 3,000 SF $62.00 $186 000.00 4 PCC Curb and Gutter (Type A-2-8) 100 LF $185.00 $18 500.00 5 Furnish and Install #6 Pullbox 4 EA $2,200.00 $8,800.00 6 Adjust Manhole to Finished Grade 5 EA $1,900.00 $9,500.00 7 Catch Basin (Type `B," W=10' ) 1 EA $13,000.00 $13,000.00 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF $460.00 $34,500.00 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF $150.00 $7,500.00 10 Guard Rail Replacement Termination (Caltrans) 1 EA $9,000.00 $9,000.00 11 Remove and Re lace Chain Link R/W Fence 50 LF $160.00 $8,000.00 12 Concrete Barrier Type 836 (Caltrans) 50 LF $630.00 $31,500.00 13 Traffic Control Work 1 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 re uired 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 Page 2 of 8 Time Material Rates for Excel Paving and Subcontractors RFP NO.22-096: ON -CALL EMERGENCY ASPHALT AND PCC Excel Paving T&M Rates Descri Lion Cost / HR Foreman $ 114.00 Operator $ 112.00 Laborer $ 86.00 Teamster $ 87.00 Carpenter $ 92.00 Cement Mason $ 92.00 ski $ 68.00 roller $ 56.00 Ravin 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 truck $ 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 hours 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 Pavin:; will add the following mark-ups to the costs: Category Mark-up Labor 20% Equipment 15% Material -except Concrete 10% Material -Concrete 15% Sub (first $5,000) 10% Sub (over $5,001) 5% Bond 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 hue and correct. Contractor's Name: PALP, INC DBA EXCEL PAVING i Business Address: LONG BEACH, CA Business E-Mail Address:`'°°'Oat Telephone: 562) 599-5$41 State Contractor's License No. and Class: STATE LIG# 688659 A. 31 License Expiration Date: 2,0 Z�a -- State Dept. of Industrial Relations (DIR) DIR# 1000003331 Registration No.: State Dept. of Industrial Relations (DIR) - Registration Expiration Date: 1p 3d 12025 Signed: Title: 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 harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm PALP. INC bBA EX-GE6 PAVING COMPANY Signature of CONTRACTOR -- Title (if an individual, so state) Page 2 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Curtis P. Brown III being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party malting the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co partnership by: who constitute the other members of the co partnership. CORPORATION That he is of PRESIDENT PALP, INC DBA Y a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties malting 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. o Curtis P. Brown II! Sig ure of CONTRACTOR President Subscribed and sworn to before me this VFA a VIV of Signature of officer Administing Oath (Notary Public) R- [:C7vtNG701V 1i �y COMM 023:3$692 N �4tjary Iryrjb1w-Cr0WMiz' 4 ANUELES COUNTY 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 proposanid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Y2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% 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. #/Exp. 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 $ s�- Si ature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. 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 $ Wile P. Brown III PIdent 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. 1. KJ 3 Name. and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed 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. AMP S� AtA� -. - q 0�'{ C9VP0Vx' �r �� ti-c r oo LAC noq ',.gyp 11 � Page 5 of 10 CITY OF SANTA ANA RFP NO.; 22-096 ON CALL EMERGENCY ASPHALT & FCC SEE ATTACHED REFERENCES. t CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. 0 3. Name and Address of Owner. 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 Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 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. l'� uretko 04A Uff4" C] V� go I+f (" to 1�"CA L(1 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 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that m ing a false certification may subject the certifier to criminal prosecution. Signed A_- Curtis R Brown III Prerr State of Calitvrnia County of -os Angeles S bs �n� to (or affirmed) before me on this day of � $ , 20_, by who ap� ed�lai , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me 1 Notary Public Signature T R 1CovtiNc10" C01,4M. 02339692 Notary 11utti1(;-C8 Iiforn LOS ANGEI.£5 G41.�N7Y ry " hS} Comm. -9 res Dec 8, Notary Public Seal Page 7 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or 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: AIL - Curtis P. Brown Ili President Title: PALP, ING DR. Firm: EXCEL PALING COMPANY Date: t-; 87 Page 8 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIlVIINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Page 9 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is 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. S. Pursuant to California Labor Cade Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: s� urtis P. Brown III President Title: W IJBA Firm: EXCEL PAVING COMPANY Date: Page 10 of 10 llr O QI 11! I e7 frstw v,t;er). en .vsr/i �t �u. 'ms. 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U') m IN mN0 IOI,;OD �� O JV 1� O �IRuiO) O O�mIr R,O N NQ�N N m iD I »^m ma,I a rntOe� " s 'S Ak� �li �l0 �S_IO�r of m EXHIBIT 4 AGREEMENT WITH HARDY & HARPER, INC., TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Hardy & Harper, Inc., a California corporation ("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 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: 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. 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 project/location (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 waiver of 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 theContractor 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): i. 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 form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (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 38 04 13. (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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Michael Murray, Vice President Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 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 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ::�n BrAnd6n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager HARDY & HARPER, INC. EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I 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 I Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10') 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work 1 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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=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 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 REQUEST FOR PROPOSALS (RFP) FOR ON CALL EMERGENCY ASPHALT & PCC RFP NO.: 22-096 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza Santa Ana, CA 92701 Michael Ortiz Project Manager Mortiz@santa-ana.org Approved for Release: KEY RFP DATES (Subject to changq„at discretion of City): Issue Date: Deadline for Requests for Information: Proposal Due Date: Projected Award Date (anticipated): a Nabil Saba, PE Executive Director Public Works Public Works Agency Wednesday, January 18 ,2023 Wednesday, January 25 ,2023 2.00 PM Monday, February 6 ,2023 2:OOPM Tuesday, March 21 ,2023 City of Santa Ana RFP 22-096 Page 1 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & FCC 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, Hardy & Harper, Inc. Business Address: 32 Rancho Circle, Lake Forest, CA 92630 Business E-Mail Address: mmurrayAhardyandharper.com Telephone: 714 444-1851 State Contractor's License No. and Class: 215952 A C-8 & C12 License Expiration Date: 12/31/2023 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: R Signed: Title: Michael M 1000000076 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 harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of CONTRACTOR Title Michael Murray, Vi (if an individual, so state) 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 ) Michael Murray being duly swom, deposes and says: ❑ INDIVIDUAL That helshe is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by. who constitute the other members ofthe co -partnership. (] CORPORATION That he is of: Hardy & Harper. Inc_ _ a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the helshe has been and is duly vested with the authority to execute instruments for an on hchalfof the parties making said bid who are: that such a bid is genuine and no collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of S to Ana or any person interested in the proposed contract, for himself or any other person. Signature C6 TRAC R Michael Mu , Vice P sident Subscribed and savor before me this day of SEE ATTACHED o icer Administering Oath (Notary Public) Page 3 of 10 CALIFORNIA JURAT WITH AFFIANT STATEMENT • ■ T �1 .R -W -P�-9. . . ❑x See Attached Document (Notary to cross out lines 1-6 below) * See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A 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 Ora MORGANE.CHURNOCK Notary Public - California x Orange County f •T Commission N 2377551 My Comm. Expires Oct 5, 2025 Subscribed and sworn to (or affirmed) before me on this 31 day of January 20 23 , by Date Month Year (1) Michael Murray (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(x) who appeared before me. Signature Sijnat&o&lcrtary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: - 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA UP 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: %z% of the bid or $I0,000, 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 A10 SUBS License #/Exp. DIR Reg. #/Exp. 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 $ M ;RACTOR ice President Name License #/Exp. DIR Reg. #/Exp. 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 $ Page 4 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 1. City of Rancho Palos Verdes - 30940 Hawthorne Blvd, Rancho Palos Verdes, C_ A 90275 Name and Address of Owner. Ron Dragoo - (310) 544-5252 Name and Telephone Number of person familiar with project. $660,000.00 Annual Street Maintenance June 2021 Contract Amount Type of Work Date Completed 2. City of Corona- 735 Public Safetv. Way. Corona, CA 92880 Name and Address of owner. Eugene Silvas - (951) 279-3629 Name and Telephone Number of person familiar with project. $610,000.00 Annual Maintenance June 2021 Contract Amount Type of Work Date Completed 3. Moulton Niguel Water District - 26880 Aliso Viejo Pkwy, Aliso Viejo, CA 92_6_56 Name and Address of owner. Jim Sampson - (949) 831-2500 Name and Telephone Number of person familiar with project. $4 800 000.00 On -Call Asphalt & Concrete Repairs April 2022 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. Fidelity and Deposit Company of Maryland (213) 270-0600 777 S. Figgeroa Street Los Angeles, CA 90017 Commercial Surety Bond Agency (714) 516-1232 1411 N. Batavia Street #201 Orange, CA 92867 The Wooditch Company Insurance Services, Inc. (949) 697-8195 1 Park Plaza, Suite 400, Irvine, CA 92614 Page 5 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers For THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. N/A Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar \� ith 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. 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 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded. conspired. connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation. partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification y y subject the certifier to criminal prosecution. Signed '/ Michael Murray, State of California County of Subscribed and sworn to (or affinned) before me on this of , 20_, by , proved to me on the basis o actory evidence to be the person(s) who appeared before me SEE ATTACHED ublic Signature Notary Public Seal Page 7 of 10 CITY OF SANTA ANA RI;P NO.: 22-096 ON CALL EMERGENCY ASPHALT & FCC 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: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certifi tion be included in all lower tier subcontracts, which exceed $100,000 and that all such subpients shall certify and disclose accordingly. Signed: Title: Michael Murrpy,Vice President Firm: Hardv & Harper, Inc. Date: January 31, 2023 Page 8 of 10 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ® See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) X.- Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A 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 Orange OµORGAN E. CHURNOCK Notary Public • CaliforniaOrange County Commission # 2377551 My Comm. Expires Oct 5, 2025 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 31 day of J January , 20 23 by Date Month Year (1) Michael Murray (and (2) }, Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. f Signature �natuf kof Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Rages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order H 246 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 ection is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Michael Murray.Vic resident Firm: Hardy & Ha er c. Date: January 31, 2023 Page 10 of 10 Harp a r'r 1 n . 3� Fe�►n��1-!q CIF�C4L LAKE FOREST, CA 92630 (714) 444-1851 FAX (714) 444-2801 STATE L1C. NC1. 215952 DIR. ISO. 7 00000007fs To: CITY OF SANTA ANA Contact: Salvador Jordan Munoz Address: 220 S. DAISY AVE. BLDG A Phone: (714) 647-5468 SANTA ANA, CA 92703 Fax: Project Name: Santa Ana - Emergency On Call Contract 2-6-23 Bid Number: Project Location: Bid Date: Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 1 Sample Task A UNCLASSIFIED EXCAVATION 550.00 CY $262.00 $144,100.00 2 AC PAVEMENT 130.00 TON $375.00 $48,750.00 3 FURNISH & INSTALL #6 PULLBOX 4.00 EACH $1,500.00 $6,000.00 4 ADJUST MANHOLE TO FINISHED GRADE 5.00 EACH $2,750.00 $13,750.00 5 PCC CURB & GUTTER (TYPE A-2-8) 100.00 LF $190.00 $19,000.00 6 SIGNING & STRIPING 1.00 LS $26,250.00 $26,250.00 7 TRAFFIC CONTROL WORK 1.00 LS $43,750.00 $43,750.00 Total Price for above 1 Items: $301,600.00 2 1 Sample Task B UNCLASSIFIED EXCAVATION 550.00 CY $262.00 $144,100.00 2 PCC SIDEWALK 2,500.00 SF $27.00 $67,500.00 3 PCC CURB RAMP 3,000.00 SF $34.00 $102,000.00 4 PCC CURB & GUTTER (TYPE A-2-8) 100.00 LF $188.00 $18,800.00 5 FURNISH & INSTALL #6 PULLBOX 4.00 EACH $1,500.00 $6,000.00 6 ADJUST MANHOLE TO FINISHED GRADE 5.00 EACH $2,750.00 $13,750.00 7 CATCH BASIN 1.00 EACH $41,250.00 $41,250.00 8 REMOVE & REPLACE 30" REINFORCED CONCRETE PIPE 75.00 LF $1,250.00 $93,750.00 9 GUARD RAIL REPLACEMENT 50.00 LF $240.00 $12,000.00 10 GUARD RAIL REPLACEMENT TERMINATION 1.00 EACH $9,750.00 $9,750.00 11 REMOVE & REPLACE CHAIN LINK R/W FENCE 50.00 LF $165.00 $8,250.00 12 CONCRETE BARRIER TYPE 836 50.00 LF $1,250.00 $62,500.00 13 TRAFFIC CONTROL WORK 1.00 LS $65,000.00 $65,000.00 Total Price for above 2 Items: $644,650.00 Total Bid Price: $946,250.00 Notes: • IN NO EVENT SHALL HARDY & HARPER, INC. BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER ARISING OUT OF OR CAUSED BY, DIRECTLY OR INDIRECTLY, FORCES BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, STRIKES, WORK STOPPAGES, ACCIDENTS, ACTS OF WAR OR TERRORISM, CIVIL OR MILITARY DISTURBANCES, NUCLEAR OR NATURAL CATASTROPHES, PANDEMICS OR ACTS OF GOD, AND INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMMUNICATIONS OR COMPUTER (SOFTWARE AND HARDWARE) SERVICES, UNFORESEEN COST ESCALATION. HARDY & HARPER, INC. SHALL USE REASONABLE EFFORTS CONSISTENT WITH ACCEPTED PRACTICES IN THE INDUSTRY TO RESUME PERFORMANCE AS SOON AS PRACTICABLE. • INCLUSIONS; • LABOR, EQUIPMENT & MATERIAL • PRICE INCLUDES ONE (1) MOVE -IN - $10,500.00 FOR EACH ADDITIONAL MOVE -IN • PRICE BASED ON MINIMUM 8 HR SHIFTS • PROPOSAL PRICES GOOD FOR 30 DAYS WITH SIGNED QUOTE OR LOI - PRICE GOOD THROUGH 3/30/2023 - PRICES SUBJECT TO INCREASE AFTER EXPIRATION DATE • CUT, LOAD, HAUL, SWEEP & TACK Page 1 of 2 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 publ is 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, backftll, 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 Itcrn Description Qty Unit Unit Price Total I Unclassified Excavation _ 550 Cy z " 14-A °a '- AC Pavement 130 TN 51 rj QO4 50.011 Fumish and Install #6 Pullbox 4 EA 1 15 Q ' .O° n �� 4 Adjust Manhole to Finished Grade 5 EA — J 3 5r,.00 5 PCC Curb and Gutter (Type A-2-8) 100 LF 0c ^. o0 6 Signing -and 5#ri in 1 LS GO 7 Traffic Control Work 1 LS 4 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 I Unclassified Excavation 550 CY ao I " ' PCC Sidewalk (T=4") 2,500 SF zo °O 06 3 PCC Curb Ramp 3,000 SF oa O° 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install ##6 Pullbox 4 EA °p co 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type "B," W=10') 1 EA f 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 1 9 Guard Rai! Replacement Caltrans RSP A77N4 50 LF 0o CO 10 Guard Rail Replacement Termination (Caltrans) l EA C'8 I I Remove and Replace Chain Link R/W Fence 50 LF LoS oo 2--CRD 00 12 Concrete Barrier Type 836 (Caltrans) 50 LF oo �3- do 13 Traffic Control Work I LS o`LC J dvCo0 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 I0% 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 Page 2 of 8 ardy & Harper, InC. State License No. 215952 c�a� Pnysical/Mailing Address: 32 Rancho Circle I Lake Forest, CA 92630 Telephone (714) 444-1851 1 Fax (714) 444-2801 UNION SIGNATORY COMPANY RATES EFFECTIVE Contact: 06/01/2022 Cell: Email: EQUIPMENT RATE UNIT PAVERS 10' Pavina Machine Cedar Rapids w/Automatics Ski 10.5'-20' $260.00 1 Hour 8' Paving Machine Cedar Rapids w/ Automatics 8'-14' $260.00 Hour Back-up Paving Machine IS450.00 1 Da Hopper Insert 1$100.00 1 Da ROLLERS 2' Walk Behind Double Drum/Vibratory Roller 1$150.00 1 Da Double Druni/Vibratory Roller 1$700.00 1 Da Back-up Double Drum/Vibratory Roller IS200.00 I Da MISCELLANEOUS Midland Shoulder Machine Road Widener $325.00 1 Hour Skip Loader $500.00 Da Li ht Tower $250.00 Da Crew Truck w/Tools SS1H Oil -Extra $750.00 Da • AC & PCC BILLED PER INVOICE PLUS 15% SS1H OIL will be billed by the Gallon EQUIPMENT MOVES $160.00 PER HR (4 HR MIN.)Excludes: Bobcat, Shuttle Buggy, Sand Truck & Water Truck • All hourly equipment rentals will be 4 hour minimum & billed at 2 hour increments thereafter *ROADTEC SB-2500E SHUTTLE BUGGY CUSTOMER FUELS MACHINE $185.00/HR = Shuttle Buggy Moves (8 hour minimum) $450.00 Hour $100.00/DAY = Hopper Insert - $8.00/Gallon If Tank Not Returned Full of Fuel *BOBCAT W/ GRINDER 18"/ OPERATED $250.00/HR = After 4 Hours 4/HRMIN $275.00/1I11 = After 8 Hours -OT Rate $2,160.00 $360.00 = Saturday Premium $680.00 = Sunday Premium *SAND TRUCK /OPERATED Additional 2 Hour Minimum Move Charge Per Shift 4/HRMIN $145.00 = 4-8 Hours - Reg Rate $1,500.00 $175.00 = After 8 Hours - OT Rate and SAT Rate $205.00 = After 12 Hours - DT Rate and SUN Rate *WATER TRUCK /OPERATED Additional 2 Hour Minimum Move Charge Per Shift 4/HRMIN $145.00 = 1-8 Hours - Reg Rate $1,500.00 $175.00 = After 8 Hours - OT Rate and SAT Rate $205.00 = After 12 Hours - DT Rate and SUN Rate LABOR i Foreman w/Pickup $175.00 $262.50 $350.00 Hour Operators $170.00 $255.00 $340.00 Hour Paver & Shuttle Buggy Op. W/ Start-up Time $175.00 + lhr/Day $262.50 $350.00 Hour Dump Man $170.00 + lhr/Day $255.00 $340.00 Hour Laborer / Cement Mason $150.00 $225.00 $300.00 Hour Travel Time - Portal to Portal 1 $120.00 1$180.00 1$240.00 1 lHour LABOR: SHOW UP TIME = 2 HOURS (PAY) Time Rate unless otherwise stated on Rental Agreement. LABOR: UNDER 4 HRS WORKED = 4 HRS (PAY) Any required hotel rooms will be billed to the contractor per hotel receipts LABOR: AFTER 4 HRS = 8 HOURS (PAY) Any premium or per diem costs including zone pay shall be billed LABOR: AFTER 8 HRS & SAT RATE-- OT Rate according to the Operators Master Agreement LABOR: AFTER 12 HRS & SUN RATE = DT Rate Substance paid per Union Agreement NO LUNCH (Operators Only) = % Hour charge at Double a�r�d�V & Harper,, Inc. STATE LIC. Number 215952 Cover Letter February 6, 2023 City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: On Call Emergency Asphalt & PCC To Whom it May Concern, Hardy & Harper, Inc. has read the provisions of the above referenced RFP and intends to adhere to them without modification. Michael Murray, Vice President, is authorized to contractually obligate Hardy & Harper, Inc. The contact person responsible for this response is as follows: Mike Amundson, Senior Estimator 32 Rancho Circle, Lake Forest, CA 92630 Phone: (714) 444-1851 Fax: (714) 444-2801 Email: mmmnndson@hardyandhwper.com Sincerely, Hardy & Harper, I By: Micha ViceiPra Contractor's State License No.: 215952 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 1 (714) 444-1851 - FAX (714) 444-2801 F rdy & Harper, Inc. �� ItiftSTATE LIC. Number 215952 hlb- Company Background and Experience Hardy & Harper, Inc. began seventy-five years ago as a small asphalt patch and repair company. Through the years we have grown to be one of the premier asphalt paving contractors in Southern California. We offer a multitude of services such as asphalt removal and replacement, new grade and paves, skin patching, overlays, and implementation of preventative asphalt paving programs. We service projects of all sizes for commercial, industrial, and public sector clients with integrity, best in class workmanship and value engineered construction. Our experienced concrete crews are trained for small and large projects. They are ready at moment's notice to handle all your concrete needs. They approach each project with high performance, production, and quality. Our crews are trained and experienced in the following: curb and gutters, sidewalks, flow lines, ADA compliant handicap ramps, concrete cutting, demolition, and reconstruction. A significant portion of Hardy & Harper, Inc.'s business is devoted to city and county asphalt and concrete maintenance. We've held multiple maintenance contracts with various cities over the past twenty years and continue to perform quality maintenance services. Hardy & Harper, Inc. has three concrete crews, three grinding crews, and five asphalt patch crews currently serving our existing city and county maintenance clients. These crews were developed to act as "total quality quick response units" and have been trained and implemented as a tool to enhance performance, production, and quality in the field under the supervision of Rigo Bolanos, Superintendent of Maintenance. Having crews in these specialties devoted to city maintenance working together with standardized procedures and an integrated team approach promotes a high degree of professionalism, efficiency, and quality. The expertise and experience these crews gain from working on the jobsites at one city is transferred to jobsites within cities all over Southern California. 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 1 (714) 444-1851 - FAX (714) 444-2801 ardy A Harper, Inc. STATE LIC. Number 215952 Project Understanding 1. Sidewalk Grinding: A one-man crew with a cement grinder and sweeper follows a prescribed route planned by the Superintendent of Maintenance so that he can move swiftly to each repair site and complete the work in a single visit. 2, Concrete Removal & Replacement: This includes sidewalk, curb, curb & gutter, cross gutter, spandrel, and curb ramps. Saw cutting to remove damaged material is done first. All debris is removed and hauled away from the site. For sites where roots are not involved, concrete forms are anchored in position and concrete is poured. After the concrete has cured a finish crew will remove the forms and backfill as necessary to give the jobsite and clean and finished look. Any damaged sprinklers will then be repaired. Repair sites laden with roots will be left open until a city contracted root grinding crew can remove the roots. Once the roots are removed our crew will form and pour. If required, we will then apply and compact any required asphalt. The area will then be backfilled, and sprinklers repaired as necessary. 3. Road Maintenance: Saw cutting to remove damaged material will be completed first. A remove and replace crew with a backhoe and dump truck will remove and haul away any debris from the site. The site will then be capped, finished, and compacted unless the depth needed requires a base course to be laid first. In which case, the base course will be laid first and then the crew will cap and finish it. 4, Grading: Hardy & Harper, Inc. has all the necessary equipment to perform grading of right-of-way and dirt access roads. Traffic Control: Traffic control is dependent on the type of work being executed. Major arterials may require additional cones, arrow boards, CMS boards, lane closure/detour signs and flagger(s). Residential work may only require cones and lane closures. We access each location prior to mobilization to ensure that all proper and necessary traffic control is in place for each designated repair. The safety of our employees and the traveling public is always a top priority. 6. Response Time and Staging Area: A two to four hour show up time is obtainable for a Foreman and Superintendent to arrive on site for all areas. Hardy & Harper, Inc.'s staging area is located at 28585 Highway 74, Perris, CA 92570. 7. Warranty: Hardy & Harper, Inc. provides and one (1) year warranty on all workmanship and materials provided. 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 1 (714) 444-1851 • FAX (714) 444-2801 ardy & Harper, Inc. 4464& Aaawf awAdam STATE LIC. Number 215952 Project Staffing and Organization Estimator: Mike Amundson Mobile: (714) 620-4296 Office: (714) 444-1851 Email: mamundson@hardyandharper.com Project Manager: Chandler Oveson Mobile: (714) 421-8873 Office: (714) 444-1851 Email: coveson@hardyandharper.com Superintendent: Rigo Bolanos Mobile: (562) 313-8268 Office: (714) 444-1851 Email: rbolanos@hardyandharper.com Foreman: Fabian Juarez Mobile: (714) 824-9816 Email: fjuarez@hardyandharper.com 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 1 (714) 444-1851 - FAX (714) 444-2801 ardy A Harper,, Inc, 40"&Mg.*� Itilb1b, STATE LI[. Number 215952 Client References Agency: Moulton Niguel Water District Address: 26880 Aliso Viejo Parkway, Aliso Viejo, CA 92656 Contact Person: Jim Sampson, Project Manager Phone: (949) 831-2500 Email: jsampson@mnwd.com Agency: City of Diamond Bar Address: 21825 E. Copley Drive, Diamond Bar, CA 97765 Contact Person: Jorge Garcia, Project Manager Phone: (909) 983-7046 Email: j.garcia@diamondbarca.gov Agency: City of Rancho Palos Verdes Address: 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Contact Person: Ron Dragoo, Project Manager Phone: (310) 544-5252 Email: rond@rpv.com Agency: City of Anaheim Address: 200 Anaheim Blvd, Anaheim, CA 92805 Contact Person: Kal Lambaz, Project Manager Phone: (714) 765-6935 Email: klambaz@anaheim.net Agency: City of Corona Address: 735 Public Safety Way, Corona, CA 92880 Contact Person: Eugene Silvas, Project Manager Phone: (951) 279-3629 Email: eugene.silvas@coronaca.gov Agency: City of Laguna Beach Address: 505 Forest Avenue, Laguna Beach, CA 92651 Contact Person: Alpha Santos, Project Manager Phone: (949) 497-0729 Email: asantos@lagunabeachcity.net 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 1 (714) 444-1851 - FAX (714) 444-2801 MINUTES OF THE SPECIAL MEETING OF HARDY & HARPER, INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January L , 2021, at 11:00 a.m, pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two Vice -Presidents of the Company. Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S. PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice -President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned, DATED: January Lf 202 �ry DANIEL. MAAS, Director/President is P INO, Director/Secretary SSA MAAS, Director CONTCTORS dCa STATE LICENSE BOARD °�""""""'°" •~' ACTIVE LICENSE io ,--, ...215952 EMS. coRP HARDY & HARPER ING A C-8 C12 WPM F..b�a.12i31i2023 www.cslt "g.aav vIr.ol 6123122, 7:33 AM Registrations Contractor Information Legal Entity Name HARDY & HARPER, INC, Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 07/01/22 Registration expiration date 06/30/23 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United Stat... Physical Address 32 Rancho Circle Lake Forest 92630 CA United Stat... Email Address cicamen@hardyandharper.com Trade Name/DBA License Number (s) C51-13:215952 CSLB:215952 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Bgenc for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History Effective Date Expiration Date 06/15/18 06/30/19 05/09/17 06/30/18 06/08/16 06/30/17 06/19/15 06/30/16 07/02/14 06/30/15 07/01/19 06/30/20 07/01/20 06/30/21 07/01/21 06/30/22 07/01/22 06/30/23 C0443071 952251022 Dan T. Maas Michael Murray Kristen Paulino Dan T Maas 32 Rancho Circle Lake Forest 92630 CA United States of America Do you lease employees through Professional Employer Organization (PEO)?: Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: No HARDY & HARPER, INC. OLD REPUBLIC GENERAL INSURANCE CORE Al CWA0013900 04/15/22 04/15/23 https:llcadir.secure.force.corn/ContractorSearchlregistrationSearChOetails?id=at Rt00000046rb1EAA 1/1 EXHIBIT 5 AGREEMENT WITH VIDO SAMARZICH, INC., TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Vido Samarzich, Inc., a California corporation ("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 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: 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. 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 project/location (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 waiver of 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 theContractor 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): i. 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 form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (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 38 04 13. (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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Vido L. Samarzich, Vice President Vido Samarzich, Inc. 6829 Billings Place Rancho Cucamonga, CA 91701 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager VIDO SAMARZICH, INC. V'. 4 IJ/ I Vido L. Samarzich Vice President EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I 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 I Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10') 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work 1 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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=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 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 a. Cover Letter VIDO SAMARZICH, INC. general Engineering Contractor No.433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 February 6, 2023 Mr. Michael Ortiz Project Manager City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Request for Proposals (RFP) for On Call Emergency Asphalt & PCC, RFP No.: 22-096 Mr. Ortiz: Enclosed, please find our proposal for the On Call Emergency Asphalt &. PCC, RFP No.: 22-096 for your consideration. Should you have any questions, please contact me directly at (626) 926-2216. Sincerely, V ido L. Samarzich Vice President Enc b. Agreement Statement VIDO SAMARZICH, INC. General Engineering Contractor No, 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 February 6, 2023 Mr. Michael Ortiz Project Manager City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Request For Proposals (RFP) for On Call Emergency Asphalt & PCC, RFP No.: 22-096 Mr. Ortiz: Please consider this our formal statement of concurrence with any and all provisions as contained in the standard agreement of the subject RFP, Sincerely, Vido L. Samarzich Vice President VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 c. Firm and Team Experience Our firm, Vido Samarzich, Inc., has been performing work of this nature since 1961. We have completed numerous projects, of many different sixes, with many different scopes, for many different agencies. The project manager, Vido L. Samarzich, has been managing projects and day to day operations for over 25 years. Two of our key personnel and years of experience are Felipe Pinedo (40+ years) and Noe Tinajero (30+ years), both of who are able to be in charge when the project manager is not available. Below are the employees available for work of this nature: Laborers: Aldo Abaloni Alejandro Jimenez Jesus Leal Javier Leal -Lopez Alejandro Mondragon-Jimenez Everardo Rodriguez -Cortez Armando Valladares Cement Masons: Albert Cantu Jesus Gonzalez Modesto Guillen Lopez Rogerio Jimenez Rafael Lopez Lopez Raul Malagon Frias Carlos Martinez Rafael Tinajero Rigoberto Tinajero Operators: Adan Tinajero Felipe Pinedo (also formerly a cement mason foreman) Noe Tinajero (also formerly a cement mason foreman) d. Understandin ► Scope of Services Our frm's basic approach to this scope of services will be: -have our project manager review, schedule, and coordinate all work. -have of foreman implement the work with applicable crews in the field. -have our crews of laborers, cement masons and operators complete the work. We are very familiar with this scope of work and all tasks necessary for completion of this work. 'There is no need for the City to have any concerns with our Firm completing work of this scope. VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 COMPLETED CONSTRUCTION PROJECT REFERENCES 1 RELEVANT PROJECT EXPERIENCE I. Project Name: Local Street Curb Ramp Improvements Phase I1 Owner: City of Santa Ana Phone Number: (714) 552-5336 Engineer/Contact.- Mr. Gerardo Lechuga Contract Amount: $399,000.00 Date of Completion: 2020 2. Project Name: Etiwanda Corridor Improvemens Project Owner: City of Rialto Phone Number: (714) 38I-24I0 Engineer/Contact: Mr. Fred Alipanah Contract Amount: $1,098,000.00 Date of Completion: 2020 3. Project Name: Residential Street Improvements Bishop St and Raitt St Owner: City of Santa Ana Phone Number: (714) 615-0892 Engineer/Contact: Mr. Michael Ortiz Contract Amount: $1,279,000.00 Date of Completion: 2020 4. Project Name: Residential Street Repair Program FY 18119 Owner: City of Santa Ana Phone Number: (714) 615-0892 Engineer/Contact: Mr. Michael Ortiz Contract Amount: $876,000.00 Date of Completion: 2020 5. Project Name: Sidewalk Gap Closure Project Owner: City of Palm Springs Phone Number: (760) 323-8253 x8744 Engineer/Contact: Mr. Donn Uyeno Contract Amount: $1,267,000.00 Date of Completion: 2020 Page 1 of 7 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 12. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $2,100,000.00 Date of Completion: 2019 13. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga Phone Number: (909) 774-4070 Engineer/Contact: Mr. Romeo David Contract Amount: $975,000.00 Date of Completion: 2018 14. Project Name: Wilshire Avenue Water and Sewer improvement Project Owner: City of Fullerton Phone Number: (714) 738-6895 Engineer/Contact: Mr. Gar Huang Contract Amount: $550,000.00 Date of Completion: 2018 15. Project Name: Elm/Malden Area Street, Sewer and Water Improvements Owner: City of Fullerton Phone Number: (714) 773-0049 Engineer/Contact: Mr. Joseph Hernandez Contract Amount: $2,200,000.00 Date of Completion: 2018. 16. Project Name: Anaheim Hills Road Water Main Replacement ❑wner: City of Anaheim Phone Number: (714) 863-8020 Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00 Date of Completion. 2018 17. Project Name: CDBG ADA Wheelchair Access Ramp Replacement at Various "Locations Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $204,300.00 Date of Completion: 2018 Page 3 of 7 VIDO SAMARZICH, INC. General Engineering Contractor tea. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 24. Project Name: Monterey Road Street Improvements Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,550,000.00 ❑ate of Completion: 2017 25. Project Name: Fletcher Avenue Reconstruction Owner: City of South Pasadena Phone Number: (702) 204-4025 Engineer/Contact: Mr. Mark Peterson Contract Amount: $878,000.00 Date of Completion: 2016 26. Project Name: Patterson Street Reconstruction Owner: City of Fullerton Phone Number: (714) 732-9060 Engineer/Contact: Mr. Pete Acosta Contract Amount: $675,000.00 Date of Completion: 2016 27. Project Name: Magnolia/Bolsa Intersection Widening Owner: City of Westminster Phone Number: (714) 548-3464 Engineer/Contact: Ms. Theresa Tran Contract Amount: $978,000.00 Date of Completion: 2016 28. Project Name: 2015 Water Main Improvements Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2016 29. Project Name: Red Hill Lake Modernization Owner: City of Rancho Cucamonga Phone Number: (909) 477-2740 Engineer/Contact: Mr. Romeo ❑avid Contract Amount: $300,000.00 Date of Completion: 2016 Page 5 of 7 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 36. Project Name: YLHS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District Phone Number: (714) 701-3104 Engineer/Contact: Mr. Joe Polimino Contract Amount: $675,000.00 Date of Completion: 2013 37. Project Name: County Road Storm Drain Owner: City of Pomona Phone Number: (909) 322-7471 Engineer/Contact: Mr. Dave Barron Contract Amount: $570,000.00 Date of Completion: 2013 38. Project Name: Adams Square Park Owner: City of Glendale Phone Number: (818) 548-2864 Engineer/Contact: Mr. Hagop Kassabian Contract Amount: $1,100,000.00 Date of Completion: 2010 39. Project Name: Various Public Work Purchase Orders and Contracts 2000-2013 Owner: City of Pasadena Phone Number: (626) 484-5640 Engineer/Contact: Mr. Dale Torstcnbo - dtorstenbo@cityofpasadena.net Contract Amount: $2,500,000.00 Date of Completion: 2000-2013 40. Project Name: Mist Park Improvements From 2000-2010 Owner: City of Glendale Engineer/Contact: George Balteria — (951) 201-2710 Peter Vierheilig — pvierheilig@ci.glendale.ca.us Contract Amount: $3,500,000.00 Date of Completion: 2000-2010 Page 7 of 7 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & ACC EXHIBIT A SCOPE OF SERVICES Page 9 of 12 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SCOPE OF WORK Introduction and Sackaround: 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, backfi11, 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 Penn it General Provisions." UANTITIES FOR FEE SCHEDULE UNDER SEPARATE COVER):. For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the fal lowing work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall inelude a schedule of the hourly bill ing 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) shalt be completed. For exam pie, 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 TotaI I [Aclassified Excavation 550 Cy $175.00 h AC Pavement 130 TN $400.00 3 Furnish and Instal] #6 Pullbox 4 EA $600.00 4 Adjust Manhole to Finished Grade 5 EA $1700.00 5 ACC Curb and Gutter (Type A-2-8) I o LF $105,00 6 Signing and Striping I L5 N/A 1 Traffic Control Work I LS NIA Page I 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 $175.00 2 PCC Sidewalk (T=4") 2,500 SF $14.00 3 PCC Curb Ramp 3,000 SF $40.00 4 PCC Curb and Gutter JXpe A-2-8 100 LF $105.00 5 Furnish and Install 46 Pullbox 4 EA $600.00 6 Adjust Manhole to Finished Grade 5 EA $1700.00 7 Catch Basin (Type "B," W=10, 1 EA $13,000.00 8 Remove and Re lace 30" Reinforced Concrete Pie 75 LF $300,00 9 Guard Rail Replacement Caltrans RSP A77N4) 50 LF NIA 10 Guard Rail Replacement Termination Caltrans l EA NIA I I Remove and Replace Chain Link R/W Fence 50 LF N/A 12 Concrete Barrier Ty P e 836 {Caltrans} 50 LF N/A 13 Traffic Control Work l LS N/A SURETY BOND For each Task Order Issued by Public Works Agency, the City may or ma►?, 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 ❑r 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 re uired at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain I0% 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 ❑f 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 S 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 pen -nits (unless waived by the City) required for the perfonnance 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 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & ACC EXHIBIT B FEE PROPOSAL, including hourly rates I Page 10 of 12 Employee Rates as of 11-7-2022 Name Classification Total Hourly Rate Abaloni, Aldo Laborer Journeyman - Group 4 $um Cantu, Albert Cement Mason Foreman $87.24 Gonzalez, Jesus Cement Mason Journeyman $83.61 Jimenez, Alejandro Laborer Journeyman - Group 3 $80,21 Jimenez, Rogeri❑ Cement Mason Journeyman $83,61 Leal, Jesus Laborer Journeyman - Group 3 $8G.21 Loper Lopez, Rafael Cement Mason Journeyman $83,61 Malagon Frias, Raul Cement Mason Journeyman $83.61 Martinez, Carlos Cement Mason Journeyman $83,61 Pinedo, Fellpe ❑perating Engineer - Group 8 $103.38 Rodrigues -Cortez, Everardo Laborer Journeyman - Group 3 $80.21 Tinajero, Adan ❑perating Apprentice - Step 2 $69.69 Sinajero, Noe ❑perating Engineer - Group 8 $105.8o Tinajero, Rafael Cement Mawn Foreman $87.24 Tinajero, Rigoberto Cement Mason Apprentice - 7th Period $66.77 Valladares, Arrnando Laborer Journeyman - Group 3 $73.45 Samarzich, Vidu L. Project Manager $75.00 WarrLai, )[!smcnd Office Manager $55.00 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC EXHIBIT C CERTIFICATIONS Page. 1 I of 12 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: Vido Samarzich, inc. Business Address: 6829 Billings Place, Rancho Cucamonga, CA 91701 Business E-Ma's/ Address: vidosam@yahoo.com Telephone: (909) 987-6377 State Contractor's License No. and Class: 433210 A License Expiration Date: 12/31/2024 State Dept. of Industrial Relations (DiR) Registration No.: 1000013213 State Dept, of Industrial Relations (DIR) Registration Expiration Date: s Signed: Title: Vice President 06/30/2023 Page ! 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 g, 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 pant 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 ofthe prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing: is true anti correct. Name of Firm Vido Samarzich, Inc. Signature of l CONTRACTOR ,ritle Vice President (if an individual, so state) Page 2 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE } SS: CITY of SANTA ANA } Vido L. Samarzich being duly sworn, deposes and says: ❑ 1Ni]1VIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP ']hat he/she is a mernber of the co-parhrership firm designated as: and who has been and is duly vested with the authority to make and execute instruments For the co -partnership by: who constitute the other members of the co -partnership. 6CORPORATION That he is of Vido Sarnarzirh, Inc- a wrporation which is making the lbrcgoing proposal: ❑JOINT VENTURE That he is of one orthe parties making the rbrcgoing prop usal as z Joint venture. and the he/she has been and is duly vested with the authority to execute instruments For an on behalfof the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for hfin seIfor any other person. Signature of CONTRACTOR Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public} 20 Page 3 of 10 A 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 Anqeles Subscribed and sworn to (or affirmed) before me on this 5th day of February , 20 23 , by Vido L. Samarzich proved to me on the basis of satisfactory evidence to be the person�o`who appeared before me. DESMOND G. WARREN COMM. #2369579 z Notary Public • Callfornla o x Riverside County iaMg Comm, Ex fires Au- . 4, 2025 (Seal) Signature r CITY OF SA-NTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC LIST OF SUS -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: • Streets, highways including bridge projects: !,'20/o 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 Depailment of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. ❑I R Reg. #/Exp. 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 $ Signature of COfiTkACTOR Name License #IExp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Narr.e License #IExp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Naive License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Page 4 of 10 CITY OF SA-NTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 1. SEE ATTACHED REFERENCES Name and Address of Owner. Name and Telephone Number of person familiar wi=h project. 2020 Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar wish project. Contract Amount Type of Woa-k Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar wish 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. Broker- IRS Bonding and Insurance Agency, Inc (714) 541-4700 1633 E. 4th Ave., Suite 228, Santa Ana, CA 92701 Suret - Old Republic Sure!y Company t909; 367-2015 14728 Pipeline Ave #E, China Hills, CA 91709 Page 5 of 10 VIDO SAMARZICH, INC. General Engineering Contractor No, 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 COMPLETED CONSTRUCTION PROJECT REFERENCES L Project Name: Local Street Curb Ramp Improvements Phase II Owner: City of Santa Ana Phone Number: (714) 552-5336 Engineer/Contact: Mr. Gerardo Lechuga Contract Amount: $399,000.00 Date of Completion: 2020 2. Project Name: Etiwanda Corridor Improvements Project Owner: City of Rialto Phone Number: (714) 381-2410 Engineer/Contact: Mr. Fred Alipanah Contract Amount: $1,098.000.00 Date of Completion: 2020 3. Project Name: Residential Street Improvements Bishop St and Raitt St Owner: City of Santa Ana Phone Number: (714) 615-0892 Engineer/Contact: Mr. Michael Ortiz Contract Amount: $1,279,000.00 Date of Completion: 2020 4. Project Name: Residential Street Repair Program FYI 81I9 Owner: City of Santa Ana Phone Number: (714) 615-0892 Engineer/Contact: Mr. Michael Ortiz Contract Amount: $876,000.00 Date of Completion: 2020 5. Project Name: Sidewalk Gap Closure Project Owner: City of Palm Springs Phone Number: (760) 323-8253 x8744 Engineer/Contact: Mr. Donn Uyeno Contract Amount: $1,267,000.00 Date of Completion: 2020 Page I of 7 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 b. Project Name: Misc Stonn Drain Improvements - 335 S. Hale Ave Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $200,000.00 Date of Completion: 2020 7. Project Name: Misc Storm ❑rain Improvements — Knepp Ave Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $304,000.00 Date of Completion: 2019 8. Project Name: Local Street Curb Ramp Improvements Owner: City of Santa Ana Phone Number: (714) 552-5336 Engineer/Contact: Mr. Gerardo Lechuga Contract Amount: $577,000.00 Date of Completion: 2019 9. Project Name: 3rd Ave Pavement Rehabilitation End Water Improvements Owner: City of Upland Phone Number: (909) 291-2946 Engineer/Contact: Mr. Bob Critchf eld Contract Amount: $2,800,000.00 Date of Completion: 2019 10. Project Name: 9'h Street Pavement Rehabilitation and Water Improvements Owner: City of Upland Phone Number: (909) 291-2946 Engineer/Contact: Mr. Bob Critchfield Contract Amount: $2,600,000.00 Date of Completion: 2019 I I. Project Name: La Palma Ave Sidewalk Improvements Owner: City of Anaheim Phone Number: (714) 765-5052 Engineer/Contact: Mr. Joel Jordan Contract Amount: $479,000.00 Date of Completion: 2019 Page 2 of 7 VIDO SAMAR.ZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 12. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $2,100,000.00 Date of Completion: 2019 13. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga Phone Number: (909) 774-4070 Engineer/Contact: Mr. Romeo David Contract Amount: $975,000.00 Date of Completion: 2018 14. Project Name: Wilshire Avenue Water and Sewer Improvement Project Owner: City of Fullerton Phone Number: (714) 738-6895 Engineer/Contact: Mr. Gar Huang Contract Amount: $550,000.00 Date of Completion: 2018 15. Project Name: Elm/Malden Area Street, Sewer and Water Improvements Owner: City of Fullerton Phone Number: (714) 773-0049 Engineer/Contact: Mr. Joseph Hernandez Contract Amount: $2,200,000.00 Date of Completion: 2018 16. Project Name: Anaheim Hills Road Water Main Replacement Owner: City of Anaheim Phone Number: (714) 863-8020 Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00 Date of Completion: 2018 17. Project Name: CDBG ADA Wheelchair Access Ramp Replacement at Various Locations Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $204,300.00 Date of Completion: 2018 Page 3 of 7 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORMIA 91701 18. Project Name: 2017 Citywide Curb Ramp Impro dements Owner: City of Laguna Beach Phone Number: (818) 402-0225 Engineer/Contact: Mr. Tri Nguyen Contract Amount: $285,000.00 Date of Completion: 2017 19. Project Name: Safe Routes to School Improvements, Phase 3 Owner: City of Glendale Phone Number: (818) 402-0225 Engineer/Contact: Mr. Gary Edsall Contract Amount: $908,000.00 Date of Completion: 2017 20. Project Name: Heim Ave at Canal St Storm Drain Improvements Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $99,000.00 Date of Completion: 2017 21. Project Name: Citywide Sidewalk Repair Project FY 15-16 Owner: City of Santa Monica Phone Number: (951) 522-4505 Engineer/Contact: Mr. Craig Wheeler Contract Amount: $878,000.00 Date of Completion: 2017 22. Project Name: FY 16117 Curb Access Ramp Instillation Project Owner: City of Huntington Beach Phone Number: (714) 536-5259 Engineer/Contact: Mr. Joe Fuentes Contract Amount: $679,000.00 Date of Completion: 2017 23. Project Name: Comstock Avenue Water Main Improvements Owner: City of Whittier Phone Number: (562) 567-9302 Engineer/Contact: Mr. Carl Hassel Contract Amount: $578,000.00 Date of Completion: 2017 Page 4 of 7 TELEPHONE 909-987-6377 FAX 909-987-8988 VIDO SAMARZICH, INC. General Engineering Contractor No, 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 24. Project Name: Monterey Road Street Improvements Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,550,000.00 Date of Completion: 2017 25. Project Name: Fletcher Avenue Reconstruction Owner: City of South Pasadena Phone Number: (702) 204-4025 Engineer/Contact: Mr. Mark Peterson Contract Amount: $878,000.00 Date of Completion: 2016 26. Project Name: Patterson Street Reconstruction Owner: City of Fullerton Phone Number: (714) 732-9060 Engineer/Contact: Mr. Pete Acosta Contract Amount: $675,000.00 Date of Completion: 2016 27. Project Name: MagnolialBolsa Intersection Widening Owner: City of Westminster Phone Number: (714) 548-3464 Engineer/Contact: Ms. Theresa Tran Contract Amount: $978,000.00 Date of Completion: 2016 28. Project Name: 2015 Water Main Improvements Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pharr Contract Amount: $1,100,000.00 Date of Completion: 2016 29. Project Name: Red Hill Lake Modernization Owner: City of Rancho Cucamonga Phone Number: (909) 477-2740 Engineer/Contact: Mr. Romeo David Contract Amount: $300,000.00 Date of Completion: 2016 Page 5 of 7 VIDO SAMAR.ZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CAUFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 30. Project Name: 2015 Concrete Improvements Owner: City of Inglewood Phone Number: (714) 468-7319 Engineer/Contact: Mr. Hunter Nguyen Contract Amount: $425,000.00 Date of Completion: 2015 31. Project Name: El Centro Avenue Rehabilitation Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,100,000.00 Date of Completion: 2015 32. Project Name: Concrete Bus Pads Owner: City of Rancho Cucamonga Phone Number: (714) 548-3456 Engineer/Contact: Curt Billings Contract Amount: $175,000.00 Date of Completion: 2015 33. Project Name: ADA Wheelchair Ramps Owner: City of Orange Phone Number: (71.4) 744-5566 Engineer/Contact: Mr, Matthew Lorenzen Contract Amount: $275,000.00 Date of Completion: 2015 34. Project Name: 2014 Water Improvement Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2015 35. Project Name: ADA Sidewalk Improvement Owner: City of Artesia Phone Number: (951) 314-6984 Engineer/Contact: Mr. Chuck Burkhardt Contract Amount: $200,000.00 Date of Completion: 2014 Page 6 of 7 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 ifs. Project Name: YLHS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District Phone Number: (714) 701-3104 Engineer/Contact: Mr. Joe Polimino Contract Amount: $675,000.00 Date of Completion: 2013 37. Project Name: County Road Storm Drain Owner: City of Pomona Phone Number: (909) 322-7471 EngineerlContact: Mr. Dave Barron Contract Amount: $570,000.00 Date of Completion: 2013 38. Project Name: Adams Square Park Owner: City of Glendale Phone Number: (818) 548-2864 Engineer/Contact: Mr. Hagop Kassabian Contract Amount: $1,100,000.00 Date of Completion: 2010 39. Project Name: Various Public Work Purchase Oilers and Contracts 2000-2013 Owner: City of Pasadena Phone Number: (626) 484-5640 Engineer/Contact: Mr. Dale Torstenbo - dtorstenho@cityofpasadena.net Contract Amount: $2,500,000.00 Date of Completion: 2000-2013 40. Project Name: Misc Park Improvements From 2000-2010 Owner; City of Glendale Engineer/Contact: George Balteria — (951) 201-2710 Peter Vierheilig — pvierlieiligt�lci.glendale.ca.us Contract Amount: $3,500,000.00 Date of Completion: 2000-2010 Page 7 of 7 TELEPHONE 909-987-6377 FAX 909-987-8988 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & FCC REFERENCES, (CONTINUED) The Following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1, Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Wr,rk Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Wc rk Date Completed 3. Name and Address of owner, Name and Telephone Number of person familiar with project. Contract Amount Type of W c rk 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 aonds from for Task Orders. SEE PREVIOUS SHEET FOR INFORMATION Page 6 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NUN -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conf'onnance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the bid is genuine and not collusive or sham; that the BIDDER has not dir•,-ctly or indirectly induced or solicited any other BIDDER to plat in a false or sham bid, and has not directly or indirectly colluded, conspired, connived., or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof-, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to w.fectuate a collusive or sham bid. Note: The above Non -collusion Affidavit .s part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosectiitiOn. Signed State of California County of Subscribed and sworn to (or affirmed) before roe on this day of , 20, by , proved to me oat the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Sea] Page 7 of 10 A notary public or other officer comple-ing 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 Subscribed and sworn to (or affirmed) before me on this 5th day of February , 20 23 ,fay Vido L. Samarzich proved to me on the basis of satisfactory evidence to be the person wh_o_appeared before me. DE5MOND G. WARREN I o COMM. #2369579 x Notary Public • Calltornla ;U Riverside County o Qoj Comm. Ex lres Au . 4 2025 Al (Seal) Signature CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT &. 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed 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 S 10,000 and not more than S100,000 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: Title: Vice President Firm: Vida Samarzich, Inc. Date: 02/0612023 Page 9 of 10 CITY OF SANTA ANA RF P NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: l . 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration For employment without regard to race, color, religion, sex, or national origin. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided ill 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 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Septernber 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 &s amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. r I Signed: Title: Vice President Firm; Vid❑ Samarzich, Inc. Date: 02/06/2023 Page 10 of 10 EXHIBIT 6 AGREEMENT WITH WE R BUILDERS, INC., TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between We R Builders, Inc., a California corporation ("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 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: 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. 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 project/location (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 waiver of 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 theContractor 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): i. 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 form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (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 38 04 13. (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. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: Nezar Alsmadi, President We R Builders, Inc. 15 Homestead Pf:ive 3746 Foothill Blvd, #304, Glendale, CA 91214 714-423-3844 (Cell); 714-874-5275 (Office) nalsmadi(cwrbconstruction.com and operations@wrbconstruction.com A party may change its address by giving notice in writing to the other parry. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney i Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager WE R BUILDERS, INC., Neza lsmadi Pre dent EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix 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 Unit Price Total 1 Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I 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 I Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10') 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work 1 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, 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 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. 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 • 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 & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. 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, 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=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 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in 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 "B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. 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 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: We R Builders, Inc.; Nezar Alsmadi (President of We R Builders, Inc.) Business Address: 3746 Foothill Blvd. #304, Glendale, CA 91214 Business E-Mail Address: admin@wrbconstruction.com Telephone: (714) 423-3844 State Contractor's License No. and Class: 1055746 License Expiration Date: 07/31 /2023 State Dept. of Industrial Relations (DIR) Registration No.: 1000884610 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2023 Signed: Title: 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 harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm We R Builders, Inc. Signature of CONTRACTOR Title President (if an individual, so state) Page 2 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Nezar Alsmadi, President being duly sworn, deposes and says: ❑ INDIVIDUAL ❑ PARTNERSHIP That he/she is the party making the foregoing proposal: That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. [gCORPORATION That he is of: We R Builders, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VLNTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Simlat e of CONTRACTOR S0i scribed a­P*-,,,,w#rn to b—efure, hw-411is Si 6th day of.' ota`ry Public) February 20 23 NATALIA ELIZABETH FLORES e- COMM.#233867B Z LOSANGELES COUNTY aq NOTARY PUBt.IC-CALIFOPIN1 MY COMMISSION EXPIRES NOVEMBER 27. 2024 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: 1/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 1/2% 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 N/A - None anticipated needed License #/Exp. DIR Reg. #/Exp. 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 $ Signature of ONTRACTOR Name License #/Exp. DIR Reg. #/Exp. 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 $ Page 4 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES 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. Sierra Corporate Management, Inc., 320 N Park Vista St, Anaheim, CA 92806 Name and Address of Owner. Edmund Nisbet, (682) 215-9049 Name and Telephone Number of person familiar with project. $500,000.00 per annum Repair & Maintenance Master Contract On -Going - Contract Extended Contract Amount Type of Work Date Completed 2. Lincoln Center Mobile Home Park, 9080 Bloomfield Ave. Cypress, CA 90630 Name and Address of owner. Ashley Lopez, (657) 644-2226 Name and Telephone Number of person familiar with project. $615,000.00 Concrete & Roadway Improvement January 2022 Contract Amount Type of Work Date Completed 3 Hollydale Mobile Home Park Estates, 5700 Carbon Canyon, Brea, CA 92843 Name and Address of owner. Noemi Solis, (714) 528-7779 Name and Telephone Number of person familiar with project. Work Orders ($5,000.00 Min - $150,000.00 Max 1 Retaining Wall Project December 2022 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. Adelfia Insurance 23133 Hawthorne Blvd. Suite 202 Torrance, CA 90505 Gritly Insurance Sevices, Inc. 25109 Jefferson Ave. Suite 215 Murrieta, CA 92562 Chris@adelfiainsurance.com / (310) 747-4157 David@gritlyinsurance.com / (951) 436-0980 Page 5 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1, J & H Asset Property Management, Inc., 995 Pomona Rd #2, Corona, CA 92882 Name and Address of Owner. Armando Pastrana, (951) 737-7979 Name and Telephone Number of person familiar with project. $90,000.00 Lot Grading and Drainage Improvement February 2022 Contract Amount Type of Work Date Completed 2. Name and Address of owner. 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. 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 112 and Public Contract Code Section 71.06) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of Califafnia County of Los Angeles Subscribed and sworn to (or affirmed) before me on this bth day of February 20 23 by Nezar Alsmadi , proved to me on the basis of satisfactory evidence to be the person(s) who appeared be re me At�v Pul ign e_,-/ ' Notary Public Seal NATALIA ELIZABE?N F 'SrS COMM, # 2338616 Z LOSANGELES coUNTY Q NOTARY PUBLIC-CALIFORNIAZ QQ MY COMMISSION EXPIRES ' NOVEMBER 27,42 Page 7 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: ; resident Firm: We R Builders, Inc. Date: 02/06/2023 Page 8 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMINATION 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Page 9 of 10 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is 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 Chapter. Signed:„�,� Title: President Firm: We R Builders, Inc. Date: 02/06/2023 Page 10 of 10 Notary Acknowledgment A 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 CAUFORNIA couNTv of _ f_os Angeles February 6 Natalia Elizabeth Flores On , 2023, before me, .Notary Public, personally appeared Nezar Alsmadi, President , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NAiALIA ELl'ZO FL011E5 COMM.M2338676 z l LOSANGELES COUNTY NOTARY PUBLIC-CALIFORNIA My COMMISSION EXPIRES " NOVEMBER 27, 2132 OPTIONAL Though the information below is not required by low, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ® Corporate Officer President ❑ Partner(s) Attorney-ln-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) or Entity(ies) Title(s) ❑ Limited ❑ General City of Santa Ana RFP No. 22-096 On Call Emergency Asphalt & PCC Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 — C O V E R L E TT E R — February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works Contractor: We R Builders, Inc. Type of Entity: S-Corporation Mailing Address: 3746 Foothill Blvd, #304, Glendale, CA 91214 Point of Contact: Nezar Alsmadi I Cell: 714.423.3844 1 Email: nalsmadi(a)wrbconstruction.com Dear Michael Ortiz, We are pleased to submit our proposal in response to your On Call Emergency Asphalt & PCC for the City of Santa Ana's Request for Proposal (RFP) No. 22-096 Contract. Our proposal is enclosed for your review and consideration. As a professional contractor with many years of extensive experience in the construction industry, I am confident that our team at We R Builders, Inc. has the qualifications, resources, and expertise to deliver high -quality solution that exceeds your expectations. Our team of skilled professionals have a demonstrated track record of delivering quality construction projects on time, within budget, and with a commitment to safety and customer satisfaction. We understand the importance of meeting project requirements, as well as the complexities of large construction projects. Our approach is based on collaboration, communication, and a proactive problem -solving mindset, which we believe will result in a successful project outcome. Our proposal includes a comprehensive project plan including all contents as outlined in the RFP, including information of We R Builders and its staff's qualifications, experience, and relevant references, to demonstrate our expertise in delivering similar projects. We are excited about the opportunity to work on the On Call Emergency Asphalt & PCC contract and are committed to delivering exceptional results. Our team is ready to engage with you and other representatives to ensure that all project requirements are met, and to make this project a success. Thank you for considering our proposal. We look forward to the opportunity to discuss our qualifications and approach in more detail, and to demonstrate our commitment to delivering a successful project outcome. Sincerely, eza� r.ls. radi; President/Project Manager We R Builders, Inc. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 — A G RE E MEN T S TATE MEN T February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works This Agreement Statement is to serve as Nezar Alsmadi's, President of We R Builders, authorization for the submission of the enclosed Proposal, and hereby acknowledges that We R Builders has read and understands the Contractors responsibilities with this Proposal submission. We R Builders hereby conforms we have no concurrence or concerns with any of the Provisions contained in the standard agreement attached in the Appendix of the above referenced RFP —'ATTACHMENT 2: STANDARD AGREEMENT'. Sincerely, We R Builders, Inc. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 - FIRM & T E A M s EXPERIENCE — February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works We, We R Builders, Inc., are a well -established General Contractor with extensive experience in sidewalk, curb and gutter, handicap ramps and other concrete roadway improvements. With several years of experience in the industry, we have a proven track record of delivering high -quality concrete work that meets or exceeds industry standards. Our team of experienced professionals is skilled in all aspects of concrete construction, from preparation and excavation to pouring and finishing. In addition to our extensive experience, we are equipped with state-of-the-art equipment and tools that allow us to complete projects efficiently and effectively. Our Public Works team consists of three (3) ongoing consistent crews performing work of similar nature. We R Builders establishes a well experienced team at the beginning of each contract and will remain assigned to the Projects for the duration of the contract to ensure deliverables remain efficient. We R Builders experience for Projects and Contracts of similar nature consists of Projects ranging from as little as $5,000.00, to $1M(+). Managing multiple `Master Contracts', We R Builders' personnel are well experienced in performing work -orders on an on -call and emergency basis; thereby understanding the necessary resources required to appropriately provide such services. Our team consists of highly skilled and experienced professionals who are knowledgeable in all aspects of concrete work, including but not limited to: Concrete & Masonry Construction — • Demolition and removal. • Pour and finishing. • Repairing and restoration. • Resurfacing and overlays. • And more. We have experience bidding on public projects and have a thorough understanding of the requirements and regulations involved. Our firm has the necessary insurance coverage, licenses, and bonding capacity to perform concrete work on public projects. We are confident in our ability to provide exceptional concrete services and would welcome the opportunity to participate in your public bid solicitation process. Please do not hesitate to contact us if you require any additional information or references. Sincerely, We R Builders WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P No. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91 214 714.423.3844 1 Admin@WRBConstruction.com CA License #1055746 1 DIR #1000884610 — FIRM & T E A M s EXPERIENCE February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works WE R BUILDERS PROJECT TEAM TO BE AFFILIATED ON THIS PROJECT IS PRESENTED ATTACHED & AFTER THIS SHEET. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P No. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd. #304, Glendale, CA 91214 (714)874-5275 1 Admin@WRBConstruction.com Nezar Alsmadi Project Manager (714)874-5275 0 nalsmadi@wrbconstruction.com KEY PERSONNEL PORTFOLIO Nezar Alsmadi, President of We R Builders, Inc., takes role as an Executive Project Manager overseeing operations and growth direction. Advancing towards two decades in the industry and a Civil Engineering background, Nezar's extensive experience working in Public & Private -Works projects, technically challenging projects, and production -based projects has configured his capabilities to engage the more sophisticated projects and contracts. Nezar's oversight and involvement on all operations ensures all projects consist of result -driven operations and management meeting financial goals and deadlines, quality -performance and workmanship conforming to applicable codes, safety -compliant operations with proper implementations, and providing excellent customer service with clear and open communications. EDUCATION PROFESSIONAL EXPERIENCE & QUALIFICATIONS Cal State Long Beach Nezar's professional experience in the industry comprises of taking part in Bachelor of Science in Civil Engineering successfully completing well over $100,000,000.00 of Construction Projects. Majority of these completed projects consist of Public Works projects, though Nezar has a unique experience history involving other Commercial (Private Works) projects and Residential Projects. RELEVANT SKILLS Applying himself to the full extent, Nezar's dedication and competence in Licensed General Contractor (A & B) the industry has permitted him to further enhance his abilities, resulting in ❑ Budgeting &Cost Controls providing precise project estimates, whether it is for budgeting purposes ❑ Scheduling & Goal Accomplishments or competitive bidding purposes; Managing projects for enhanced project ❑ Establishing Protocols operational and documentational deliverables; assisting our clients in ❑ Collaborations Inhouse & 3.d Party(s) establishing a proper system (contractual and infrastructural). ❑ Resource Optimization ❑ Team Recruitment & Development Nezar's Construction Experience is comprised in General Engineering ❑ Residential & Commercial Construction Construction and General Building Construction; involving, but not limited ❑ Preparing Detailed Bids & Contracts to, Concrete and Masonry Construction; Underground Utilities & Managing Change Order(s) Infrastructures; Hardscape & Landscape Restorations; Ground -Up ❑ Construction Operations Construction; Add itions/Extensions. ❑ Estimating Developing and Applying Jobsite Safety Plans and Policy. PROFESSIONAL EXPERIENCE & QUALIFICATIONS ❑ Materials &Equipment Control. ❑ Documents Control. -1Demonstrate excellent verbal and written communication skills and ability ❑ Compliance with Specifications, to maintain strong working rapport with internal and external customers. Submittals, Inspections and Quality ❑ Proven success in effectively managing competing priorities and Oversite of Onsite & Offsite Operations deadlines, and handling multiple tasks in a fast paced environment. and Deliverables. ❑ Excellent organizational, problem solving, interpersonal and teaming skills. Excellent oral and written communication skills, specifically business report writing. Excellent oral/written communication, presentation, negotiation, organizational skills. DIR No. 1 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. 1 1055746 www.wrbconstruction.com 1 OF 1 I PAGE We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 I Estimating@WRBConstruction.com KEY PERSONNEL Saed ELSaadi PORTFOLIO Field Engineer Saed ElSaadi, Field Engineer of We R Builders, Inc. With extensive knowledge of principles and standards of engineering, Saed's experience bring leadership to the table and proven track record of finishing complex (714)874-5275 projects under budget and ahead of schedule. selsaadi@wrbconstruction.com PROFESSIONAL EXPERIENCE & QUALIFICATIONS EDUCATION Cal Poly Pomona Bachelor of Science in Civil Engineering RELEVANT SKILLS • Scheduling & Goal Accomplishments • Establishing Protocols • Resource Optimization • Team Recruitment & Development • Residential & Commercial Construction • Managing Change Order(s) • Construction Operations • Estimating • Developing and Applying Jobsite Safety Plans and Policy. • Materials & Equipment Control. • Documents Control. • Compliance with Specifications, Submittals, Inspections and Quality • Oversite of Onsite & Offsite Operations and Deliverables. Saed performed duties as a test lead to complete entry-level project management for cosite, designs, antenna isolation, and range testing. Preparing test plans, test reports, data finalization, budget management and instructed other individuals into performing task's to complete testing. Saed's experience developed a new methodology to interfacing newer systems with current test instrumentation, in order to test accordantly as well as creating new test methodologies. Saed's experience in Field engineering construction involves leadership experience includes conducting site surveys, troubleshooting, installing, maintaining, repairing and testing equipment devices. OTHER SKILLS • Working knowledge of basic survey and layouts • Working knowledge of scheduling and estimating software • Ability to prepare clear and concise oral and written communications • Knowledge of Windows Office Systems; particularly in Excel, Word and Outlook • Demonstrated team and leadership skills DIR No. 1 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. 1 1055746 www.wrbconstruction.com 1 OF 1 I PAGE CAREER OBJECTIVE Elias Hermosillo Reliable superintendent with 10+ years of onsite leadership. Highly effective at performing work to help team complete challenging projects under tight deadlines. Experienced in developing construction scheduling, and monitoring worksite for safety and compliance with regulations. Specializes at conducting thorough equipment and Superintendent infrastructural inspections. Proficient in alteration, demolition, repair, or maintenance work at job sites. Career progression from a Laborer to Superintendent. 0 (714)874-5275 PROFESSIONAL EXPERIENCE 0 onsite@wrbconstruction.com December 2020 - Current Superintendent We R Builders, Trabuco Canyon, CA • Direct strategic operation onsite of 5+ employees. • Supervises, directs, and coordinates the scheduling and execution of projects. • Monitor daily work activities to ensure proper adherence with company and EXPERIENCE jobsite safety. • Knowledge of building codes, city ordinances, state, and local regulations. • Knowledge in modern building construction methods, materials, and operating procedures. 12+ years as superintendent • Builds & maintains construction schedule, identifies and solves problems. expertise in construction business and adept at managing November 2010 —November 2020 teams. Superintendent Sundance Construction, Chino Hills, CA RELEVANT SKILLS • Leads the project team in planning and execution of project and revises as appropriate to meet changing needs and requirements. • Take off quantities. • Private and Public Works • Examining quotes with specifications. Construction . Completing bid items, incorporating all costs, etc. • Construction Operations Submittals/RFI's. • Quality Control • Cost Controls • Traffic Control Plans. • Project Scheduling Contacting suppliers and subcontractors. • Blueprint & Plan Reading • Minimized company exposure and project performance risks. • Team Recruitment & • Proficient in mixing, pouring, and fishing concrete at job sites. Development • Resource Optimization • Building and Mechanical January 2005 — October 2010 Knowledge Independent Contractor Los Angeles, CA • Relentless attention to detail • Manage project scope, schedule, and budget on all projects. • Performed excavation, earth -moving, rigging, and concrete work. • Performed demolition work, coordinated work teams using knowledge of location and level of charge, wrote orders, and crosschecked materials requirements. • Established traffic Control Plans amongst teams. • Subcontractor communications. • Change Orders. • Purchase Orders. We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91 214 714.423.3844 1 Estimating@WRBConstruction.com Layan Subeih Project Engineer 0 (714)874-5275 0 Lsubeih@wrbconstruction.com EDUCATION Cal State Long Beach Bachelor's in Architectural RELEVANT SKILLS • Requirements Analysis • Operations and Control • Project Management • Time Management • Scheduling & Goal Accomplishments • Establishing Protocols • Team Recruitment & Development • Residential & Commercial Construction • Managing Change Order(s) • Developing and Applying Jobsite Safety Plans and Policy. • Materials & Equipment Control. • Compliance with Specifications, Submittals, Inspections and Quality • Oversite of Onsite & Offsite Operations and Deliverables. KEY PERSONNEL PORTFOLIO • Layan Subeih, Project Engineer in We R Builders, Inc., Layan's experience and dedication in the field helped her to identify projects responsibilities by determining the phases and elements of projects. Layan worked and coordinate engineering projects working closely with other engineers that made her learn and experience the entire field by assisting project management team with the creation of project plan and schedule. Layan also has the ability to manage and supervise multiple tasks and work in a team and preserve until the desired result is achieved. PROFESSIONAL EXPERIENCE & QUALIFICATIONS Layan's experience led her to manage multiple capital equipment builds projects from design through installation, establishing project cost control for material, labour, subcontractors, and miscellaneous costs. Layan helped assisting with the formulating of commissioning schedules that include pressure tests, system cleanings, equipment checkouts and startups, testing and balancing partnering closely with the project Manager to execute various tasks, including negotiating change orders and overseeing subcontractor work. Layan's experience is in Project Engineering field involving but not limited to Project management, Operations management, Operations Analysis , Purchasing, Executing, Monitoring, & Closing. OTHER SKILLS • Excellent verbal and written communication skills and ability to maintain strong working rapport with internal and external customers. • Excellent organizational, problem solving, interpersonal and teaming skills. • Excellent oral and written communication skills, report writing. • Excellent and strong attention to details. DIR No. 1 1000884610 We R Builders, Inc. K E Y P E R S O N N E L CA License No. 1 1055746 www.wrbconstruction.com 1 OF 1 1 PAGE We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 — UNDERSTANDING SCOPE OF SERVICES — February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works With reference to above referenced, the following scope of work outlines We R Builders' understanding of the scope of work and anticipated approach to perform such services to satisfy the Contractors scope of work in accordance with this RFP. Such services will be contingent on the Task Order and its magnitude of its urgency, type of work, etc., as further detailed in the RFP, to ultimately determine the appropriate procedure(s) and process' to respond to each assignment appropriately and as applicable. After retrieving the City of Santa Anas inquiry of the Task Order and all information has been provided, the following Construction Services shall take place — Mobilization — • Coordinate, assemble and dispatch crew and equipment as required to accommodate the workreflected on the task order. Facilitate USA Dig Alert as required/needed. • Ensure PPE's, Safety measures and practices are in place and in accordance to OSHA regulations. Safety measures further extend to proper site investigation and preparation requirements to protect and existing facility(s) visible and within the work zone. • Layout appropriate Traffic Control system to accommodate work area. • Unless directed otherwise by the City, traffic control implementation will be per Watch Manual (unless directed otherwise by appropriate representative). • Preparation: This includes removing any existing vegetation and debris from the area, marking the location of utilities, and setting up barriers to protect the work area and the public. • Demolition: The existing concrete Sidewalk, Curb & Gutter, Roadway, and/or other component of the RFP, is broken up using heavy machinery such as jackhammers or concrete saws. The debris is disposed of properly. Where grinding then overlaying is required, the bobcat grinder attachment will be used. • Base Preparation: The surface is leveled and compacted to provide a stable base for the new concrete. Any soft spots or low areas are filled with compacted soil or gravel. • Reinforcing: Reinforcing steel or mesh is placed in the prepared base to help ensure the new concrete will be strong and crack -resistant. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 • Pouring: Fresh concrete is poured into the prepared base and leveled to the proper height and slope. The concrete is then smoothed and finished to match the surrounding area. • Curing: The concrete is left to cure for several days, during which time it is protected from foot traffic and water damage. • Truncated domes will be installed where required. • Final Inspection: After the concrete has cured, a final inspection is performed to ensure that the new sidewalk meets all standards for quality, durability, and safety. Note: The scope of services will be maintained by appropriate erosion control, dust control, and traffic control. Permits will be pulled with traffic control plans when required. Sincerely, Nezar A srr.adi, President We R Builders, Inc. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 — RELATIVE PROJECT EXPERIENCE February 6, 2023 Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) Agency: City of Santa Ana, Department of Public Works WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 February 6, 2023 Reference: Agency SCHEDULE On Call Emergency Asphalt & PCC (RFP No. 22-096) City of Santa Ana, Department of Public Works We R Builders hereby confirms there will be no conflicting issues with our schedule, as we will make this contract our top priority. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 February 6, 2023 Reference: Agency REFERENCES On Call Emergency Asphalt & PCC (RFP No. 22-096) City of Santa Ana, Department of Public Works See Work Experience WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Admin (C)WRBConstruction.com CA License #1055746 1 DIR #1000884610 February 6, 2023 Reference: Agency FEES On Call Emergency Asphalt & PCC (RFP No. 22-096) City of Santa Ana, Department of Public Works T&M Sheets Attached. WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM R F P N o. 2 2- 0 9 6 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Estimating(a)WRBConstruction.com CA License #1055746 1 DIR #1000884610 H-1-M L: JULT 1, 2022 IFIRVUUH JUNE 30, 2U23 PROJECT MANAGEMENT - CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME Project Administrator PADM $71.02 $91.33 $1 1 1.63 Project Engineer 1 PEG1 $77.59 $100.77 $1 23.95 Project Engineer 2 PEG2 $89.07 $1 17.00 $144.92 Project Engineer 3 PEG3 $97.34 $129.16 $161.00 Superintendent PMSP $154.74 $201.74 $248.74 Assistant Project Manager PMAS $1 27.81 $173.27 $221.47 Project Manager PMPM $144.52 $194.92 $245.32 Senior Project Manager PMSR $202.61 $273.55 $344.48 LABORERS - CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME General Foreman LAGF $1 01 .21 $137.79 $174.36 Foreman LAFM $98.68 $130.67 $162.69 Group 5 - Blaster / Drifter LAG5 $95.75 $126.39 $157.03 Group 4 - Pipe Layer, C&S LAG4 $95.23 $125.63 $156.02 Group 3 - Pipeline Backup Man LAG3 $92.96 $1 22.21 $151.47 Group 2 - Chute Man LAG2 $92.15 $1 21.02 $149.89 Group 1 - General LAG $91.35 $1 19.81 $148.26 Apprentice - 6th Period (85%) LAA6 $88.43 $120.40 $152.36 OPERATING ENGINEERS - CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME Foreman, Appdx. A OEFM $1 23.98 $161.86 $202.19 Group 8, Appdx. A - Universal OEG8 $120.55 $154.52 $193.61 TEAMSTERS - CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME Group 10 - Working Truck Driver TDG 10 $94.20 $1 20.96 $146.89 iw1n01 i iLrtrvw • The rates proposed herein consist of WRB's in-house employee's rates only. • All rates provided herein includes all Markups, and no additional markups should be applied to these rates. • All (if any) third -party Sub-Tiers/Vendors providing services or products for the Contract, shall be compensated for, per the following: Material, subcontractors, subsistence, outside equipment rentals, machinery rentals, tools rentals, costs in fuel for such rentals, permits, inspections, and other related costs or fees will be billed at the total Invoice Amount (costs + sales tax, as applicable) + Markups of 15% for Overhead and Profits. • Overtime Rates: Shift(s) shall be compensated for per union agreement(s). If unscheduled On -Call Emergency Dispatches occur after crew worked their standard 8-hour work shift, Overtime/Double-Time rates may apply at the beginning of the work shift, dependent on Crews total hour worked, and per Union Agreement(s). • Foreman's & Truck Drivers shall be compensated for One additional (+1) workhour (ST, OT, or DT) per work -shift, in addition to the work hours reported for the crew's work shift(s). • Travel Time: Billing time will begin once employees are dispatched, and end upon their return to the company facility. • Subsistence: Lodging & meals for management, superintendents & general foreman will be billed, when deemed adequate, at actual costs, plus mark-up at 15%. • Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. • This document does not include all labor classifications. Additional labor classifications are available upon request(s). Some work areas may be subject to special wage agreements; if applicable, fees will be billed accordingly. • These terms shall extend and apply to the attached equipment rates, as applicable. • Where warranty is deemed adequate for the services provided, the warranty is limited to One -Year after completion of work. • These rates assume there will be no need of Bond Premiums (Bid Bond, Payment Bond and Performance Bond). • Rates scale provided herein will increase at the rate and time determined per the applicable Prevailing Wage Rate in California. 06.30.2023 1 OF 1 1 PAGE WRB.T&M.LBR.22-23 PUBLIC WORKS WWW.WERBUILDERS.COM T&M COST-PLUS RATES We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Estimating (q)WR BConstruction.com CA License #1055746 1 DIR #1000884610 AIR COMPRESSORS- U.O.M. RATES AIR COMPRESSOR - 13 HP (TRUCK MOUNTED) HOURLY $8.00 AIR COMPRESSOR - 185 CFM W/ TOOLS & HOSES HOURLY $20.00 ASPHALT PAVING EQUIPMENT - U.O.M. RATES ASPHALT SPREADER BOX (VARIABLE WIDTH) HOURLY $6.00 PROPANE TORCH - PORTABLE HOURLY $5.00 ROLLER - 24" WIDTH WALK -BEHIND -TYPE HOURLY $24.00 ROLLER - 30" - 36" WIDTH WALK -BEHIND -TYPE HOURLY $28.00 ROLLER ASPHALT SMTH VIB.DUAL DRUM 3 TO 5 TON HOURLY $41 .00 ROLLER ASPHALT SMTH VIB. DUAL DRUM 8 TON HOURLY $50.00 TACK SPRAYER/EMULSION POT (220 GAL. CAP.) HOURLY $1 8.00 BACKHOES - U.O.M. RATES CAT 420 D 4x4 / CASE 580 SUPER M 4X4 HOURLY $57.00 CAT 430E / CASE 590 SUPER M 4X4 HOURLY $70.00 BACKHOES ATTACHMEMNT - U.O.M. RATES AUGER DRILL - 1 2° DIAMETER (MAX DEPTH 8') HOURLY $1 80.00 AUGER DRILL - 24" DIAMETER (MAX DEPTH 8') HOURLY $250.00 HYDRAULIC BREAKER 1 000 LB FOR BACKHOES HOURLY $50.00 COMPACTION WHEEL - 1 2" OR 1 8" WIDE HOURLY $1 0.00 BORING EQUIPMENT- U.O.M. RATES ACLU -PUNCH BORE MOLE 2" DIAMETER HOURLY $1 8.00 COMPACTION EQUIPMENT - U.O.M. RATES TAMP / POWDER PUFF - AIR DRIVEN DAILY $25.00 JUMPING JACK HOURLY $15.00 VIBRATORY SOIL PLATE COMPACTOR 34" W (CAT 320) HOURLY $26.00 VIBRATORY PLATE 24" (WALK BEHIND) DAILY $1 00.00 EFFECTIVE: JULY 1, 2022 THROUGH JUNE 30, 2023 CONCRETE EQUIPMENT- U.O.M. RATES CONCRETE MIXER - 1 /3 CUYD CAP. (TOW TYPE) DAILY $90.00 CONCRETE SAW - WALK BEHIND HOURLY $60.00 CONCRETE VIBRATOR (ELECTRIC) DAILY $1 00.00 CONCRETE WASHOUT BIN (5.25 CUYD) DAILY $75.00 CONFINED SPACE & SAFETY EQUIPMENT - U.O.M. RATES AIR SUPPLY SYSTEM - ALLEGRO DAILY $250.00 AIR CART W/60 MIN. BOTTLES DAILY $1 60.00 STRETCHER BASKET W/ BUCKLES DAILY $75.00 GAS / OXYGEN MONITOR DAILY $1 00.00 HARNESS - FULL BODY TYPE DAILY $1 5.00 LANYARD RETRACTABLE TYPE - 30' LENGTH (YO-YO) DAILY $35.00 MANHOLE BLOWER - 4130 CFM (GAS POWERED) DAILY $40.00 S.C.B.A. 5 MINS (SCOTT SKA-PAK 2.2-3.0) DAILY $75.00 TRIPOD W/ WINCH FOR CONFINED SPACE ENTRY DAILY $80.00 VELOMETER (AIR FLOW MEASURING DEVICE) DAILY $100.00 VENT BLOWER TRAILER MOUNTED (12,000 CFM) HOURLY $35.00 VENT BLOWER TRAILER MOUNTED (25,000 CFM) HOURLY $50.00 EXCAVATOR & EXCAVATOR ATTACHMENTS - U.O.M. RATES EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $105.00 EXCAVATOR - CAT 315 (OR SIMILAR) HOURLY $85.00 BUCKET ATTACHMENT (24" - 36" WIDE) HOURLY $1 0.00 GENERATORS - U.O.M. RATES GENERATOR 5 KW HOURLY $1 0.00 GENERATOR 25 KW HOURLY $20.00 GENERATOR 45 KW HOURLY $35.00 GENERATOR 1 1 8 KW HOURLY $75.00 GENERATOR 230 KW HOURLY $1 15.00 07.01.22 - 06.37.23 1 OF 2 1 PAGE WRB.T&M.EQR.22-23 PUBLIC WORKS WWW. WERBUILDERS.COM T&M COST-PLUS RATES We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.423.3844 1 Estimating (q)WR BConstruction.corn CA License #1055746 1 DIR #1000884610 EXCAVATOR - U.O.M. RATES EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $1 05.00 GENERATORS - U.O.M. RATES GENERATOR 5 KW HOURLY $10.00 GENERATOR 25 KW HOURLY $20.00 GENERATOR 45 KW HOURLY $35.00 GENERATOR 1 1 8 KW HOURLY $75.00 GENERATOR 230 KW HOURLY $1 1 5.00 LOADERS & LOADER ATTACHMENTS- U.O.M. RATES SKID STEER LOADER - CAT 262 HOURLY $45.00 HYDRAULIC BREAKER ATTACHMENT (FOR CAT 262) HOURLY $32.00 PAVEMENT GRINDER ATTACHMENT (FOR CAT 262) HOURLY $50.00 BROOM/SWEEPER ATTACHMENT (FOR CAT 262) HOURLY $1 0.00 MISCELLANEOUS EQUIPMENT / TOOLS- U.O.M. RATES CUT-OFF SAW/CHAIN SAW/SKILL SAW/JIG SAW DAILY $75.00 JACKHAMMER 70 LB AIR DAILY $90.00 TEST PUMP HYDROSTATIC - 5 HP DAILY $80.00 TEST PUMP HYDROSTATIC - 8 HP DAILY $1 25.00 PIPE TONGS (4" TO 1 2") DAILY $8.00 PIPE TONGS (1 6" TO 24" ) DAILY $15.00 TAPPING MACHINE - WATER TYPE (UP TO 2") PER INCH $40.00 SWEEPERS & BROOMS - U.O.M. RATES BROOM / SWEEPER - SELF PROPELLED DAILY $38.00 POWER BROOM / POWER SWEEPER (WALK BEHIND) HOURLY $45.00 TRAFFIC CONTROL EQUIPMENT - U.O.M. RATES ARROW BOARD (SOLAR) HOURLY $1 5.00 BARRICADE - TYPE I/DELINEATOR TRAFFIC CONE DAILY $1 .00 BARRICADE - TYPE- II/TYPE-III/ADA PEDESTRIAN TYPE DAILY $3.00 TEMP. CHAIN LINK FENCE PANEL 6' X1 O' W/ FEET DAILY $7.00 RAMP PEDESTRIAN TYPE (BARIATRIC PANEL RAMP) DAILY $20.00 TRAFFIC SIGNS 30" X 30" DAILY $5.00 TRAILERS - U.O.M. RATES TRAILER - LOW BOY TYPE HEAVY HAUL - 88K LBS CAP. HOURLY $31 .00 TRUCKS- U.O.M. RATES TRUCK - 5 CY CAPACITY HOURLY $65.00 TRUCK - 10 CY CAPACITY HOURLY $85.00 TRUCK - PICK-UP TRUCK/SUV/VAN HOURLY $25.00 TRUCK - SERVICE TYPE (F-350/450/550) HOURLY $40.00 TRUCK - WATER TYPE 2000 GALLON HOURLY $50.00 WATER PUMPS (w/ 25' SUCT. & 50' DISCHARGE - U.O.M. RATES WATER PUMP SUBM./TRASH TYPE, ELEC./GAS/AIR 2" DAILY $60.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 3" DAILY $85.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 4" DAILY $1 35.00 WATER PUMP TRAILER MOUNTED, DIESEL 6" DAILY $265.00 NOTE(S) / TERMS - THE TERMS AND CONDITIONS PROVIDED ON FORM-T&M-LBR22-23 SHALL EXTEND AND APPLY TO THIS DOCUMENT FULLY, AS -IF INCLUDED HEREIN. 07.01.22 - 06.37.23 2 OF 2 1 PAGE WRB.T&M.EQR.22-23 PUBLIC WORKS WWW. WERBUILDERS.COM T&M COST-PLUS RATES We R Builders, Inc. 15 Homestead Drive, Trabuco Canyon, CA 92679 714.874.5275 1 Admin O WRBConstruction.com CA License #1055746 1 DIR #1000884610 Project Reference: On Call Emergency Asphalt & PCC (RFP No. 22-096) In reference to the referenced RFP, enclosed as an attachment is We R Builders, Inc. (WRB) proposal price -list for the bid items related to the Sample Task Order B — Concrete Paving. Due to limited information provided, the following assumptions were made in regards to the scope of work, with considerations made regarding the Contractors responsibilities in the referenced RFP (Note: The information provided below A-F is also being provided to provide the City of Santa Ana clarity of how the proposed pricing was derived; should the City require the pricing broken out differently, WRB will make it a priority to return such revised pricing(s) to the City). A. Certain bid items indicated demo and replacement work; however, other bid items did not indicate the replacement of an existing condition, but only to construct/install the proposed item(s). WRB considered the contractors responsibilities in the RFP, and included the demolition, disposal, hauling/trucking, and/or disposal of the existing condition (similar to its related bid item). B. The scope of work is priced assumed to be in continuous sequence to meet production, vs to be performed at separate stages. C. Unclassified Excavation pricing assumes no hazardous material exist, disposing of such material, and replaced and compacted using SE-30 sand (or similar). D. PCC Curb Ramp assumes approximately Ten (10-each) Curb Ramps in total. E. The scope of work associated to the i) Pull Box (Item #5) and ii) Manhole (Item #6) are assumed to be performed when the scope interferes with other portions of contractors work in this bid. F. Traffic Control assumes WATCH manual will suffice. Please contact Nezar Alsmadi should you have any questions or concerns regarding this Proposal Packet. Thank you for your consideration of We R Builders, and we hope to hear from you soon. Sincerely, b' _ a�• Akrs -,Ltc:li, President Cell: 714.423.3844 1 Email: nalsmadi((7wrbconstruction.com We R Builders, Inc. We R Builders, Inc. R F P N 0. 2 2- 0 9 6 www.WRBConstruction.com 1 OF 1 I PAGE 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 I Unclassified Excavation 550 Cy $12 0. 0 0 $ 6 6, 0 0 0. 0 0 2 PCC Sidewalk (T=4") 2,500 SF $15.28 $38, 200 . 00 3 PCC Curb Ramp 3,000 SF $25. 00 $75, 000 . 00 4 PCC Curb and Gutter (Type A-2-8) 100 LF $14 0 . 0 0 $14 , 0 0 0 . 0 0 5 Furnish and Install #6 Pullbox 4 EA $1, 2 0 0. 0 0 $ 4, 8 0 0. 0 0 6 Adjust Manhole to Finished Grade 5 EA $1, 2 5 0. 0 0 $ 6, 2 5 0. 0 0 7 Catch Basin (Type "B," W=10') 1 EA $14 , 415.0 0 $14 , 415.0 0 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF $ 3 9 0.0 0 $ 2 9 , 2 5 0.0 0 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF $ 7 5. 0 0 $ 3, 7 5 0. 0 0 10 Guard Rail Replacement Termination (Caltrans) 1 EA $ 7 5 0. 0 0 $ 7 5 0. 0 0 11 Remove and Replace Chain Link R/W Fence 50 LF $15 0 . 0 0 $ 7 , 5 0 0 . 0 0 12 Concrete Barrier Type 836 Caltrans 50 LF $280.00 $14 , 000.00 13 Traffic Control Work 1 LS $5, 000 . 00 $5, 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 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 Page 2 of 8