HomeMy WebLinkAboutItem 26 - On -Call Advance Traffic Management System Repair ServicesPublic Works Agency
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Item # 26
o`7, City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: On -Call Advance Traffic Management System Repair Services
AGENDA TITLE
Approve an Agreement with Crosstown Electrical & Data Inc., for On -Call Repair Services
of Advance Traffic Management and Communication Systems in an Amount not to
Exceed $500,000 for up to a Five -Year Term (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Crosstown Electrical & Data
Inc. to provide on -call repair services and routine maintenance for the advance traffic
management and communication system for a three-year period beginning July 19, 2022
and expiring July 18, 2025, with a provision for two, one-year extensions exercisable by
the City Manager, in an amount not to exceed $100,000 annually, and $500,000 for the
term of the agreement, including extension periods, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Traffic Management Center (TMC) is composed of several computerized
systems that control the traffic signals, closed circuit television cameras, and
communication network. These systems utilize twisted pair cables, fiber optic cables,
wireless, and other methods to provide communication between the TMC and field
equipment. These communication systems require routine maintenance and emergency
repairs as a result of malfunctions or damage that occurs due to obsolete equipment,
traffic collisions, or construction activities.
A Request for Proposals (RFP) was issued on April 11, 2022 for on -call repair services
and routine maintenance of the advance traffic management and communication system.
One proposal was received from the City's current vendor, Crosstown Electrical & Data
Inc., and evaluated by a three -member review panel composed of Public Works Agency
staff. Scoring was based on firm experience, record of performing similar repair services,
responsiveness to the RFP requirements, and completeness of the proposal. The
Crosstown Electrical & Data Inc. proposal scored 95 points out of 100.
Approve Agreement with Crosstown Electrical & Data, Inc.
July 19, 2022
Page 2
Staff recommends awarding an agreement to Crosstown Electrical & Data Inc. because
of their demonstrated experience and exceptional performance in delivering these same
services to the City over the past five years. The cost of these services will be on a
service request basis, where time and material is charged according to a set fee schedule.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $100,000 are available in the FY 22-23 Traffic Signal Maintenance
Account (No. 02917620-62321) and budgeted annually in subsequent Fiscal Years,
including the renewal options if exercised.
Fiscal
Accounting Unit
Fund
Accounting Unit -
Year
Y
- Account No.
Description
Account
Amount
(Project No.)
No. Description
Traffic Signal
2022-23
02917620-62321
Special Gas
Maintenance,
$100,000
Tax
Maintenance & Repair
Improvement
Traffic Signal
2023-24
02917620-62321
Special Gas
Maintenance,
$100,000
Tax
Maintenance & Repair
Improvement
Traffic Signal
2024-25
02917620-62321
Special Gas
Maintenance,
$100,000
Tax
Maintenance & Repair
Improvement
Traffic Signal
2025-26
02917620-62321
Special Gas
Maintenance,
$100,000
Tax
Maintenance & Repair
Improvement
Traffic Signal
2026-27
02917620-62321
Special Gas
Maintenance,
$100,000
Tax
Maintenance & Repair
Improvement
Total
$500,000
EXHIBIT(S)
1. Agreement with Crosstown Electrical & Data Inc.
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 19th day of July, 2022 by and between
Crosstown Electrical & Data, Inc., ("Consultant"), 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 April 11, 2022, the city issued Request for Proposal No. 22-031, by which it sought to
retain a Consultant to perform on -call repair services for the Cities Advance Traffic
Management System and Communication Systems.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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
Consultant shall perform the services described in the scope of work that was included in
RFP No. 22-031, which is attached hereto as Exhibit A and incorporated by reference.
2. COMPENSATION
a. City agrees to pay on an as -needed basis, and Consultant agrees to accept as total
payment for its services for City, the rates and charges identified in Exhibit B The total
amount to be expended during the term of this Agreement shall not exceed $500,000
for term of this Agreement, including any extension periods. This sum shall be
comprised of an annual average of $100,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
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This Agreement shall commence on the date first written above for a three (3) year term
with the option for the City to grant up to a two (2) one M-year renewals, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant 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 Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant 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.
5. 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 Consultant under this Agreement ("Documents & Data"). Consultant
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.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant 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.
6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• 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
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limits no less than $5,000,000 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.
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 limitno less than $1,000,000 per accident for bodily injury and property
damage.
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.
If the Contractor maintains broader coverage and/or higher limits than the minimums
shown above, the Entity 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 Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, 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 2037 if a later edition
is used).
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 01 04 13 as respects the Entity, its
officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the Entity, its officers, officials, employees, or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any
insurer of said Contractor may acquire against the Entity by virtue of the payment of
any loss under such insurance. Contractor agrees to obtain any endorsement that may
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be necessary to affect this waiverof subrogation, but this provision applies regardless of
whether or not the Entity has received a waiver of subrogation endorsement from the
insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity 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
Entity.
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 ANII, unless otherwise acceptable to the Entity.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the
contract or thebeginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five (S) years after completion of the contract of work.
3. 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 Contractormust purchase "extended reporting" coverage
for a minimum of five (S) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing allpolicy endorsements to Entity 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 Entity reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any
time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the
nature of therisk, prior experience, insurer, coverage, or other special circumstances.
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7. INDEMNIFICATION
Consultant 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 Consultant
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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant 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 Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement.
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10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant 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.
12. NON-DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. 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 Consultant 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.
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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Consultant 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.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant 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
Consultant 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. PROFESSIONAL LICENSES
Consultant 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. Consultant shall notify the City immediately and
Page 7 of 9
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.
19. 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:
David P. Heermance
President
Crosstown Electrical & Data, Inc.
5454 Diaz St
Irwindale, CA 91706
Fax: 626-813-6693
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.
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20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This small not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement.
C. 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:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
�� M;J;i�
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
David P.
President
Page 9 of 9
EXHIBIT A
REQUEST FOR PROPOSALS (RFP)
FOR
ADVANCE TRAFFIC MANAGEMENT SYSTEM AND
COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES
RFP NO.: 22-031
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Cesar Rodriguez, PE
Project Manager
(714) 647-5626 Office
crod riguez5(i�santa-ana.org
Approved for Release: tI� 3,"'sa b o-
Nabil Saba, P.E.
Executive Director
Public Works Agency
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: April 11, 2022
Deadline for Requests for Information: April 25, 2022
Proposal Due Date: May 2, 2022
Projected Award Date: June 21, 2022
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Advance
Traffic Management System and Communication Systems On -Call Repair Services.
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids
system no later than May 2, 2022 at 12:00 p.m. Proposals received after this date/time will not be
considered. It is the responsibility of the proposer to ensure that any proposals submitted have
sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.
Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed,
or hand delivered in an enclosed sealed envelope and marked clearly with the following
"SEALED PROPOSAL FOR
ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS
ON -CALL REPAIR SERVICES
RFP NO.22-031
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: CESAR RODRIGUEZ
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
All notifications, requests for information, updates and addenda will be posted online on
PlanetBids at https://www.planetbids.corn/portal/portal.cfm?CompanyID=20137. Proposers shall
be responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive qualification.
City of Santa Ana RFP 22-031
Page 2
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. PROPOSAL TERMS AND CONDITIONS 7
A. EXAMINATION
B. EXECUTION OF AGREEMENT
C. PROPOSAL VALIDITY
D. PRE -CONTRACTUAL EXPENSES
E. JOINT OFFERS/SUBCONTRACTORS
F. DIR REGISTRATION
G. PREVAILING WAGES
H. PREVAILING WAGE, COMPLIANCE AND MONITORING
I. COMMUNITY WORKFORCE AGREEMENT
J. SAFETY PROGRAM REQUIREMENTS
III. INSTRUCTIONS TO PROPOSERS 11
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE -PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
IV. SUBMITTAL REQUIREMENTS 13
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
V. PROPOSAL REVIEW (CONTRACTOR SELECTION) 15
A. EVALUATION AND RATING
B. SELECTION
VI. AWARD AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
16
City of Santa Ana RFP 22-031
Page 3
VII. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
IX. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
16
16
The City of Santa Ana is seeking a qualified firm to perform on -call repair services for the
Cities Advance Traffic Management System and Communication Systems. A detailed
Scope of Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Five (5) hard copies are required to accompany an electronic submittal of the complete
proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL"
and be signed by a company official with the power to bind the company, and
submitted to the City of Santa Ana. Please be explicit in identifying the appropriate
person with legal authority to bind the company.
The Statement of Qualifications shall be limited to a maximum of (10) double -sided
pages (excluding front and back covers, section dividers and attachments such as
resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be
maximum I I" x 17".
Proposal Evaluation and Rating:
The criteria for evaluating the RFP submitted will take the following items into
consideration:
• Firm/Team Experience 30%
• Understanding of Need 30%
• Relevant Project Experience 30%
• References 10%
City of Santa Ana RFP 22-031
Page 4
The City has established a proposal review committee to evaluate proposers based on the
response to this RFP, which includes adherence to outlined directions and format, and the
City evaluation criteria set forth above. A final score will be calculated for each
submitted proposal and used to rank the proposers.
Project Funding_
Funding source is Gas Tax but may vary. Refer to Attachment 1 (Scope of Work) in
the Appendix of this RFP.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies
of the prevailing rate of per diem wages are on file with the Public Works Agency and
shall be made available to any interested parry on request.
Term of Contract Agreement:
The City desires to enter into a contract with the top scoring firm year for an initial three
(3) year term with a City option for two (2) one (1) year extension period. This term is
outlined in the Standard Contractor Agreement, as contained in the Appendix of this RFP
as Attachment 2.
City of Santa Ana RFP 22-031
Page 5
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and
accepts the Terms and Conditions of this RFP as described below:
A. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required in this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced
herein or any interpretations, clarifications or amendments subsequently posted in the
relation to this RFP are fully incorporated.
B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement similar to that as shown
in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is
unwilling or unable to execute an Agreement within thirty (30) days after being notified of
selection under this RFP, the City reserves the right to select the next most qualified
Proposer or call for new Proposals, whichever the City deems most appropriate.
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent's Proposal must be valid for a
period of 120 days after the submission of the Proposal.
D. PRE -CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by
Proposers in the preparation of its proposal.
E. JOINT OFFERS/SUBCONTRACTORS
Where two or more Proposers desire to submit a single Proposal in response to this RFP,
they should do so on a prime sub -contractor basis. The City intends to contract with a single
company and not with multiple companies doing business as a joint venture. Should the
use of sub -contractors be offered, the Proposer shall provide the same assurances of
competence for the sub -contractor plus the demonstrated ability to manage and supervise
the subcontracted work. Sub -contractors shall not be allowed to further subcontract with
others for work under the Agreement. The provisions of the Agreement shall apply to all
sub -contractors in the same manner as the Proposer.
City of Santa Ana RFP 22-031
Page 7
F. DIR REGISTRATION
On -call emergency public work tasks completed as part of this RFP and proposal(s)
submitted shall be subject to the following: No contractor or subcontractor may be listed
on a proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code section
1725.5 [with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for
public work on a public works project (awarded on or after April 1, 2015) unless registered
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any
subsequent work that follows from this RFP is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. Contractors are further cautioned
that certified payrolls shall be submitted electronically directly to the Department of
Industrial Relations.
G. PREVAILING WAGES
In accordance with the California State Labor Code, prevailing wage rates apply.
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of
eight hours, for each craft or type of worker or mechanic needed to execute any
construction, maintenance, or repair work, which may be awarded by Public Works. The
current prevailing wage rates as adopted by the Director of the Department of Industrial
Relations are incorporated herein and may be accessed at http://www.dir.ca.gov/ (General
Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to
California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). The
Contractor is required to pay the prevailing wage rate referred to above and is responsible
for selecting the craft/classification of workers which will be required to perform this
service in accordance with the Contractor's method of performing the work. Pursuant to
Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each
calendar day, or portion thereof, for each worker paid less than the stipulated prevailing
wage rates for any public work done under this Contract or by any subcontractor.
H. PREVAILING WAGE COMPLIANCE AND MONITORING
Contractor shall be aware of the requirements of the California Labor Code Section 1720,
et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000,
et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirement 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 Prevailing Wage Laws and since the total compensations is $1,000
or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
City of Santa Ana RFP 22-031
Page 8
Contractor shall be in compliance with the Prevailing Wages and requirements effective
the due date of this proposal submittal and shall pay prevailing rates of per diem wages
according to state law at all times throughout the term of any future agreement with the
City. Contact shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the job site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
I. COMMUNITY WORKFORCE AGREEMENT
On August 15, 2017, the Santa Ana City Council approved a Community Workforce
Agreement with the Los Angeles/Orange Counties Building and Construction Trade
Council and the Signatory Craft Councils and Unions. The provisions of the agreement
would apply to all construction and major rehabilitation work pursuant to "Prime Multi -
Trade" construction contracts that exceed $250,000 and all subcontracts from these prime
multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single
trade contracts) that exceed $100,000 and all subcontracts from these prime specialty
contracts. Contractors working on task orders over the above thresholds must, in filling
craft job requirements, utilize and be bound by the registration facilities and referral
systems established and authorized by the Unions who are signatory to the agreement. This
is commonly referred to a Union hiring hall. Contractors retain the right to reject any
applicant referred to them through the job referral system, determine competency of all
employees, to determine the number of employees required, and the duties of such
employees. If any Union's registration and referral system does not fulfill the requirements
for specific classifications requested by any Contractor within 48 hours, the Contractor
may employ applicants meeting such classifications from any other available source.
J. SAFETY PROGRAM REQUIREMENTS
The Proposer shall be solely responsible for ensuring that all work performed under the
contract is performed in strict compliance with all applicable Federal, State and local
occupational safety regulations. The Contractor shall provide at its expense all safeguards,
safety devices and protective equipment, and shall take any and all actions appropriate to
providing a safe Construction site.
The following is also required in addition to being in compliance with the above and related
latest editions (unless noted otherwise) of the standard specifications and/or plans in the
APWA "Greenbook (2018 Edition)" CA MUTCD, AGC, SSPWC, TEES, CALTRANS
Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic
Manuals, as listed below and as related to the standard care of the industry:
City of Santa Ana RFP 22-031
Page 9
Abbreviation Word or Words
AGC .................
Associated General Contractors of America
APWA................American
Public Works Association
ASA .................
American Standards Association
CA MUTCD.......
California Manual on Uniform Traffic Control Devices
CALTRANS.......
California Department of Transportation
FHWA................Federal
Highway Administration
FRA .................
Federal Rail Administration
FTA .................
Federal Transit Authority
JITT ...............
Just -In -Time Training
NPDES...............National
Pollutant Discharge Elimination System
SSPWC...............
Standard Specifications for Public Works Construction
TEES .................
Transportation Electrical Equipment Specifications
PACP .................
Pipe Assessment & Certification Program
1. The Proposer shall train all employees, or subcontractor personnel in the work
practices necessary to safely perform his or her job.
2. The Proposer shall identify all known potential hazards related to the work performed
and train all employees and subcontractor personnel on how to handle the potential
hazards.
3. The Proposer, their employees and subcontractors shall follow all safety rules and
safe work practices.
4. The Proposer will immediately notify the City of any significant and/or unusual
hazards found during the course of work.
5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous
materials to be utilized on site in the performance of work. The Proposer is solely
responsible for the legal disposal of hazardous waste generated in the performance of
their work.
Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend,
indemnify and hold harmless the City, its officers, employees and agents from and
against any and all investigations, complaints, citations, liability, expense (including
defense costs and legal fees), claims and/or causes of action for damages of any nature
whatsoever, including but not limited to injury or death to employees of the Proposer,
its subcontractors or City, attributable to any alleged act or omission of the Proposer
or its subcontractors which is in violation of any Cal OSHA regulation. The
obligation to defend, indemnify and hold harmless includes all investigations and
proceedings associated with purported violations of Section 33 6. 10 of Title 8 of the
California Code of Regulations pertaining to multi -employer work sites. The City
may deduct from any payment otherwise due the Proposer any costs incurred or
City of Santa Ana RFP 22-031
Page 10
anticipated to be incurred by the Agency, including legal fees and staff costs,
associated with any investigation or enforcement proceedings brought by Cal OSHA
arising out of the assigned work
III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required
information in this RFP. The City will provide only the staff assistance and
documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its
proposal. The selected proposer shall identify a sole point of contact with the greatest
knowledge concerning the required service operations and contractual matters, including
payment of all charges resulting from the Agreement. Contact information such as email
and phone number must be included into the proposal.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent
audited financial statement, evidencing proposer's financial capacity to fully perform the
required services, including provision of equipment and personnel expenses over a ninety
(90) day period. If said financial statement does not reflect full ninety (90) day
operational capacity, proposer may include a letter of credit as evidence of supplemental
capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section
located in PlanetBids no fewer than five (5) calendar das prior to the date and time set
for opening of proposals. No verbal requests or responses will be accepted. Significant
interpretations or clarifications will be addressed via addenda to this RFP.
Any changes in RFP from the date of release to date of submittal will result in an
addendum or amendment. Notification of such addendum or amendment shall be posted
on PlanetBids at https://www.planetbids.coM/portal/portal.cfm?CompanyID=20137 as
set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement
documents.
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license
within ten (10) business days of selection and must provide a copy to the City's project
manager or designee prior to commencing any work in Santa Ana.
City of Santa Ana RFP 22-031
Page 11
Additionally, Proposer will be responsible for obtaining any licenses/permits required by
the Scope of Work.
F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set
forth in the Scope of Work within ten (10) business days after receipt of notice that the
contract has been awarded. Failure to provide the required insurance certificates shall be
cause for the annulment of the award and the forfeiture of the proposal guaranty. The
City will provide the Selected Proposer with a "New Vendor Checklist", which outlines
insurance requirements.
Risk Management has the right to modify minimum insurance requirements if scope of
services are changed or altered. A change in scope of services may increase or reduce
minimum insurance requirements based on the City's risk exposure.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten
(10) business days after the successful proposer has received notice that the contract has
been awarded.
H. PRE -PROPOSAL MEETING
Should a pre -proposal meeting be scheduled, the date, time, and location is identified on
the cover page of this RFP. The meeting will include discussion of the project scope
and a question -and -answer session. It is highly recommended that the Proposer's key
team members attend this meeting. Significant interpretations or clarifications will be
addressed via addenda to this RFP, as described above in "Section D: Addenda."
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation
is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of
this proposal in part or in its entirety or to waive any minor inconsistency,
informality or technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All
subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the
responsibility of the successful proposer and the City shall assume no liability of such
subcontractors.
J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or
non- responsibility may submit, in writing within five (5) business days, to the Project
City of Santa Ana RFP 22-031
Page 12
Manager, any concerns regarding the RFP process or staff determination. Such writing
shall be considered by the City Manager or her designated representative, and may be
acted upon within five (5) business days. If no action is taken within such time, there
shall be no change to the staff determination. The exercise by the Proposer of its right to
submit written concerns shall be a condition precedent to seeking judicial review of
any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana at the date, time, and location
specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS: The Statement of Qualifications
portion of the Proposal shall be limited to a MAXIMUM of (10) DOUBLE -
SIDED PAGES (excluding front and back covers, section dividers and
attachments such as resumes, forms). Font size shall be minimum 11-point
Arial. Proposal exhibits shall be maximum I I" x 17". The Statement of
Qualifications includes the following:
a. Cover Letter: Proposals shall include a letter signed by a principal or
authorized representative who can make legally binding commitments
for the entity.
b. Contract Agreement Statement: Proposal shall include a
statement outlining your concurrence or concerns with any and all
provisions contained in the Agreement attached herein as
Attachment 2 in the Appendix.
c. Construction Company and Team Experience: Proposal shall include a
profile of the Construction Company's experience. Include resumes of
City of Santa Ana RFP 22-031
Page 13
project team/sub-consultants that will be providing services which
outline their technical and design experience. At a minimum, this should
include the project manager/principal agent, associates in charge when
project manager/principal agent is unavailable, key personnel,
Construction Company size, and an organization chart identifying only
those who will perform work for the proposed project and the
percentage of each individual's time devoted to this project. The project
manager/principal agent shall be the primary contact person to represent
your Construction Company and include any relevant on -call or
emergency contracts with other local agencies.
d. Understanding of Need: Proposal shall include an outline, which
demonstrates the Construction Company's understanding of the work.
This outline should include anticipated approach, tasks necessary for
successful completion, deliverables, and suggestions or special
concerns that the City should be made aware of. Identify any
assumptions and/or exclusions used in preparation of the scope of work
and associated fee estimate.
Financial Capacity and AvailabilitK. To demonstrate a solid financial
capacity and availability, the proposer shall include a list of four (4)
relevant positive bond ratings demonstrating financial stability and
reliability along with a list of past projects for which the company has
reliably been able to respond to an agency's on -call and/or emergency
needs within the last five (5) years. Project information should include
project description, year completed, client name, along with a person to
contact and their telephone number/email address.
f. References: Proposals shall include a listing of relevant projects with
references for three public entities with valid current emails for which
Proposer has performed similar work within the past five (5) years.
2. SCOPE OF SERVICES AND SCHEDULE:
Proposal shall include a Scope of Services and Schedule which details the work
phases to be completed, the tasks to be accomplished, the deliverables to be
provided, and the schedule / timeline to complete the project, based upon the
requested Scope of Work detailed in Attachment 1 of this RFP.
3. FEE PROPOSAL:
The fee proposal shall be submitted separate and concurrently with the technical
proposal, both submitted electronically in PlanetBids and as a hard copy in a
separately sealed envelope, clearly labeled as "Fee Proposal." This shall include
the Constuction Company's Standard Hourly Fee Schedule, a table outlining
City of Santa Ana RFP 22-031
Page 14
the tasks and team hourly effort for each of the major tasks, and a Project Fee
Schedule as outlined in the Scope of Work.
The fee proposal will not be opened until the proposals have been evaluated by
the proposal selection committee. The City will select the consultant based on
qualifications, and then negotiate a contract price based on available funding.
4. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal
submittal package:
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
• Attachment 3-4: Contractor's Licensing and Registration Statement
• Attachment 3-5: Prevailing Wage Compliance and Monitoring Statement
• Attachment 3-6: Ownership Affidavit
• Attachment 3-7: List of Sub -contractors (If included during time of original
proposal. Note: As applicable, this list will need to be
updated and re -submitted every time a new Task Order
is requested by the City from the prime contractor to
reflect the scope of work of the requested Task Order.)
• Attachment 3-8: References
• Attachment 3-9: Statement Regarding Apprenticeship Requirements
• Attachment 3-10: Statement Regarding Anti -Kickback Requirements
• Attachment 3-11: Public Contract Code Section 10162 Questionnaire
• Attachment 3-12: Statement Regarding Community Workforce Agreement
(CWA) Requirements
V. PROPOSAL REVIEW (CONTRACTOR SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple
departments. The committee may or may not interview the top ranking proposers. The City
will recommend award of contracts to the proposers who will provide the best quality and
value to the City. The City reserves the right to begin negotiations and enter into a contract
without interview or further discussions.
City of Santa Ana RFP 22-031
Page 15
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director
of Public Works will recommend award of an agreement to the proposer providing the best
quality and value to the City.
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2: Standard Agreement in the Appendix
of this RFP. "Proposer" will hereinafter be referred to as "Contractor" in standard
agreement. The term of the agreement will begin after the agreement is fully executed, and
all required insurance and documents and contents of the vendor registration and payment
information packet have been received and approved.
VII. IMPLEMENTATION
NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all
required bonds, insurance documents, and contents of the Information Packet for review
and approval by the City.
For "On -Call" contracts, individual City Project Managers will request project/task
specific proposals from Consultants on an as -needed basis. Proposals will then be
evaluated by City staff and written NTPs will be issued accordingly per each task order.
VIII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response
preparation of this RFP will become property of the City. All responses to this RFP shall
become property of the City. Proposer information identified as proprietary information
be maintained confidential, to the extent allowed under the California Public
Records Act.
Proposals will become public record after award of contract. Proposer information
identified as proprietary information shall be maintained confidential, to the extent
allowed under the California Public Records Act.
City of Santa Ana RFP 22-031
Page 16
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ADVANCE TRAFFIC MANAGEMENT SYSTEM AND
COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES
RFP NO.22-031
A. DESCRIPTION
The Santa Ana's Advanced Traffic Management System (ATMS) monitors and controls all of
the traffic signals and CCTV's within the City. ATMS encompasses three major subsystems,
Traffic Signal System, Closed Circuit Television (CCTV) system and the Transportation
Information System (TIS). Communication between the Traffic Management Center (TMC)
and the field equipment are established via fiber optic, twisted -pair interconnect, wireless
broadband and limited use of telephone (T1) lines.
The main equipment for the City's ATMS is located in the TMC in City Hall. The City also
maintains a Remote TMC in adjacent Ross Annex building. The TMC has a dedicated local
area network that consists of computer servers, computer workstations, managed switches and
routers, video processing units, hardwire interconnects and fiber optic patch panels. The City's
current traffic signal system is Econolite Centracs.
The City's Closed Circuit Television (CCTV) System consists of Cohu, Axis and Bosch
cameras and video encoders. The City's Video Management System is Milestone XProtect
Corporate.
The City's communication infrastructure consists of twisted pair cable, single mode fiber optic
cable, wireless broadband antennas, T1 equipment and other communication equipment. The
hardwire interconnect and fiber optic cables are generally in dedicated conduit from the TMC
to controller cabinets and communication HUB's in the field.
B. SCOPE OF WORK
In general, the on -call Contractor will perform emergency repairs due to malfunctions or
damages to the systems and communication equipment and cables. Majority of the work are
anticipated for field equipment repairs. The scope of work includes but not limited to the
followings:
City of Santa Ana RFP 22-031
Page Al-1
• The Contractor is required to troubleshoot, repair and procure replacement or upgraded
equipment to re-establish and/or improve the performance and reliability of the
communication and networking systems. The networking system includes fiber optic
Ethernet switches, routers, firewalls and associated equipment/computers that make up the
network.
• The Contractor is required to procure and assist in integrating networking and
communication hardware on an as needed basis for the TMC.
• The Contractor is required to perform field communication system repairs that include
installing conduit and cables; splicing of fiber optic and hard interconnect cables and installing
new or replacing old splice enclosures. Fiber optic splicing shall be by fusion method and
Hardwire Interconnect splice shall be done using weather resistant connector (AMP Picabond
Connector)
• The Contractor is required to troubleshoot/repair and/or install CCTV cameras.
• The Contractor is required to troubleshoot/repair and/or install wireless communication
equipment.
• The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and
materials to perform all work necessary to maintain/repair the ATMS and communication
systems.
• The contractor may utilize subcontractors and/or manufacturers with specific
communication, network or related expertise to provide the needed services.
• Work to be done is either based on time and material or lump sum per task, to be determined
prior to each authorization.
C. LICENSES
The Contractor must possess or obtain a valid California Class C-10 Electrical Contractor license
prior to the scheduled award date of this contract.
D. SERVICE PERSONNEL
The Contractor shall provide qualified service personnel or subcontractor to maintain and to
service all ATMS equipment as described. Personnel shall have at least a year of experience
of maintaining and troubleshooting ATMS equipment and networking equipment such as
Ethernet switches, routers and firewalls.
The Contractor shall include the ATMS maintenance personnel's qualifications in the bid. The
City will notify the Contractor in the City's sole opinion; personnel proposed for any ATMS
maintenance are not qualified to work on these systems. Within thirty (30) days after City makes
the determination the Contractor shall hire qualified Sub-Contractor(s) specialized in ATMS
equipment and networking for troubleshooting and repair without any additional compensation
from the City.
City of Santa Ana RFP 22-031
Page Al-2
E. EQUIPMENT
The Contractor shall have access to lift/boom truck with a minimum of 50-foot reach capability
to access cameras, pan/tilt units.
F. WORKING HOURS
The Contractor's activities shall be confined to the following hours:
From 7:00 a.m. to 5:00 p.m., Monday through Friday, within work areas having either no
lane closures or having continuous lane closures, i.e. 24-hour closures lasting more than one
day.
From 9:00 a.m. to 3:00 p.m., Monday through Friday, for work requiring temporary lane
closures, i.e. those having less than a 24-hour duration, and for work at major intersections.
Deviation from these hours/days shall not be permitted without the prior consent of the Engineer,
except in emergencies involving immediate hazard to be persons or property, or as specified
otherwise
G. CITY RESPONSIBILITIES
The City will provide as -built plans and any other material related to the ATMS and
Communication Systems to facilitate the repair work.
H. FEE SCHEDULE
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured per Attachment 4 Proposers Certification and Proposal Item Pricing.
City of Santa Ana RFP 22-031
Page Al-3
Appendix
ATTACHMENT 2
STANDARD AGREEMENT
CONTRACTOR AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 2022 by and between
("Contractor"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
On -Call Advance Traffic Management Communication System repair services.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
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
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
the 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 XX contractors selected to provide services on an
on -call basis under RFP No. 22-031 and addenda thereto. The total compensation
for any services provided by the contractors selected under RFP No. 22-031 shall
not exceed the amount of $X,XXX,XXX during the term of this agreement,
including any extension periods.
Page A2-1 of 12
Non -Fed Funding (6.1.2021)
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
for an initial three (3) year term with the option for the City to grant up to two
(2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney,
unless terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged 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
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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:
I. Commercial General Liability ("CGL") Insurance- Insurance Services Office (ISO)
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 $5,000,000 per occurrence. If a general aggregate
limit applies, either the general aggregate limit 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 Insurance- Insurance Services Office Form CA 0001
covering Code 1 (any auto), with limits no less than $5,000,000 per accident for
bodily injury and property damage.
3. Workers' Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employers' Liability insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special
Perils) coverage form, with limits equal to the completed value of the project and
no coinsurance penalty provisions.
5. Professional Liability Insurance (if Design/Build), with limits no less than
$2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or
Errors and Omissions (if project involves environmental hazards) with limits no
less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above,
the Entity 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 Entity
A. Self -Insured Retentions - Self -insured retentions must be declared to and approved by the
Entity. The Entity 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 Entity.
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B. The insurance policies required by this Agreement are to contain, or be endorsed to contain,
the following provisions:
1) The Entity, 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 connection with such work or operations and
automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
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, CG 1185 or both
CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions
used).
2) For any claims related to this project, the Contractor's insurance coverage shall be
primM insurance coverage at least as broad as ISO CG 20 0104 13 as respects the
Entity, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the Entity, its officers, officials, employees, or volunteers
shall be excess of the Contractor's insurance and shall not contribute with it.
3) Each insurance policy required by this clause shall provide that coverage shall not
be canceled, except with notice to the Entity.
C. Builder's Risk (Course of Construction) Insurance - Contractor may submit evidence of
Builder's Risk insurance in the form of Course of Construction coverage. Such coverage
shall name the Entity as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the Entity, an
Installation Floater may be acceptable. For such projects, a Property Installation Floater
shall be obtained that provides for the improvement, remodel, modification, alteration,
conversion or adjustment to existing buildings, structures, processes, machinery and
equipment. The Property Installation Floater shall provide property damage coverage for
any building, structure, machinery or equipment damaged, impaired, broken, or destroyed
during the performance of the Work, including during transit, installation, and testing at
the Entity's site.
D. Claims Made Policies — (If at all possible avoid and require occurrence type CGL policies)
- If any coverage required is written on a claims -made coverage form:
1) The retroactive date must be shown, and this date must be before the execution date
of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of contract work.
3) If coverage is cancelled or non -renewed, and not replaced with another claims -
made policy form with a retroactive date prior to the contract effective, or start of
work date, the Contractor must purchase extended reporting period coverage for a
minimum of five (5) years after completion of contract work.
4) A copy of the claims reporting requirements must be submitted to the Entity for
review.
5) If the services involve lead -based paint or asbestos identification/remediation, the
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Contractors Pollution Liability policy shall not contain lead -based paint or asbestos
exclusions. If the services involve mold identification/remediation, the Contractors
Pollution Liability policy shall not contain a mold exclusion, and the definition of
Pollution shall include microbial matter, including mold.
E. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise
acceptable to the Entity.
F. Waiver of Subrogation- Contractor hereby agrees to waive rights of subrogation which
any insurer of Contractor may acquire from Contractor by virtue of the payment of any
loss. Contractor agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver
of subrogation in favor of the Entity for all work performed by the Contractor, its
employees, agents and subcontractors.
G. Verification of Coverage- Contractor shall furnish to City with original certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effective coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to Entity before
work begins. However, failure to obtain the required documents prior to 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.
H. Subcontractors- Contractor shall require and verify that all subcontractors maintain
insurance meeting all requirements stated herein, and Contractor shall ensure that Entity 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.
I. Special Risks or Circumstances- Entity reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other 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
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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 parry 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.
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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
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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. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
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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:
First & Last Name
Title
Contractor Firm Name
Address
City, State, Zip
Fax:
A parry 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
(name)
(title)
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS
are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of 20 by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
Notary Public Signature
Notary Public Seal
City of Santa Ana RFP 22-031
Page A3-1
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
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 any 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, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
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 sub
recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
City of Santa Ana RFP 22-031
Page A3-2
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
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.
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
City of Santa Ana RFP 22-031
Page A3-3
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 sub -consultant 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:
Firm:
Date:
City of Santa Ana RFP 22-031
Page A3-4
Appendix
ATTACHMENT 3-4: CONTRACTOR'S LICENSING AND REGISTRATION
STATEMENT
CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her
subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that
the following is true and correct.
Contractor's Name:
Business Address:
Business E-Mail Address:
Telephone:
State Contractor's License No. and Class:
License Expiration Date:
State Dept. of Industrial Relations (DIR)
Registration No.:
State Dept. of Industrial Relations (DIR)
Registration Expiration Date:
Signed:
Title:
City of Santa Ana RFP 22-031
Page A3-5
Appendix
ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING
STATEMENT
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.
Name of Firm
Signature of
CONTRACTOR
Title
(if an individual, so state)
The undersigned certifies that the foregoing is true and correct.
City of Santa Ana RFP 22-031
Page A3-6
Appendix
ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF SANTA ANA )
, being duly sworn, deposes and says:
❑ INDIVIDUAL That he/she is the party making the foregoing proposal:
❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as:
and who has been and is duly vested with the authority to make and execute instruments for the co-
partnership by:
who constitute the other members of the co -partnership.
❑ CORPORATION That he is of:
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 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.
Signature of CONTRACTOR
Subscribed and sworn to before me this day of
Signature of officer Administering Oath (Notary Public)
20
City of Santa Ana RFP 22-031
Page A3-7
Appendix
ATTACHMENT 3-7: LIST OF SUB -CONTRACTORS
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: %a% of the bid or $10,000, whichever is greater
o Buildings, parks, or other projects: 1/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 $
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 $
City of Santa Ana RFP 22-031
Page A3-8
Appendix
ATTACHMENT 3-8: REFERENCES
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.
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 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.
City of Santa Ana RFP 22-031
Page A3-9
Appendix
ATTACHMENT 3-8: REFERENCES
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 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.
City of Santa Ana RFP 22-031
Page A3-10
Appendix
ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP
REQUIREMENTS
STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code
regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20
working days shall:
I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or
trade in the area of the site of the public work for a certificate approving the contractor under the
apprenticeship standards for the employment and training of apprentices in the area or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the
apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices
on the public work, in the same amount or upon the same basis and in the same manner as the other
contractors, except contractors not signatory to the trust agreement shall pay a like amount to the
California Apprenticeship Council.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 22-031
Page A3-11
Appendix
ATTACHMENT 3-10: STATEMENT REGARDING "ANTI -KICKBACK"
REQUIREMENTS
STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid
documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the
Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor
shall be prohibited from inducing, by any means, any person employed in the construction or repair of public
work, to give up any part of the compensation to which he/she is otherwise entitled.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 22-031
Page A3-12
Appendix
ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162
QUESTIONNAIRE
PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under
penalty of perjury, the following questionnaire:
Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the
CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified,
removed, or otherwise prevented from proposingibidding on, or completing a federal, state, or local
government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
City of Santa Ana RFP 22-031
Page A3-13
Appendix
ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE
AGREEMENT (CWA) REQUIREMENTS
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS
This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the
CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and
Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September
1, 2017. The CWA is available at:
http://www.santa-ana.org/pwa/documents/CWA.pdf
The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is
capable of completing construction of the project continuously, and without interruptions or delays. If
awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent
that appears as Attachment A to the CWA.
Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction
Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E
"Licenses & Permits."
The undersigned has reviewed and understands that a Public Works Construction Permit for CWA
administration fees and deposit that may be required as described in this RFP's Section III.E "Licenses &
Permits."
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 22-031
Page A3-14
Appendix
ATTACHMENT 4
PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS
ON -CALL REPAIR SERVICES
RFP NO.: 22-031
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with
the scope of work locations. I am familiar with all the existing conditions and limitation that may
impact work requests. I understand and agree that I am responsible for reporting any errors,
omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Pricing - Pricing shall be based on an hourly cost, time and materials basis or
per task for services described in Exhibit A. Fee must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage,
and fuel. Any special materials will be purchased by the Contractor only after discussed and
authorized by the City Projects Manager or designee in writing.
A. Material: Contractor's cost for the supply plus (+) 15 % per Section 7-4.3 of the
"Greenbook" Standard Specifications for Public Works Constructions, latest edition.
B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for
all job classifications. List additional staff or equipment as necessary including
minimum hourly charged per call out trip if applicable.
Item Description Straight Time Overtime
1. Lead Technician $ /hr. $ /hr.
2. Technician $ /hr. $ /hr.
3. Boom Ladder/Truck $ /hr. $ /hr.
4. 50' Height Boom Truck $ /hr. $ /hr.
5. Single -mode fiber fusion splice $ / per fiber.
6. Fiber Optic Technician $ /hr. $
7.
/hr. $
/hr.
/hr.
/hr. $ /hr.
9. $ /hr. $ /hr.
10.
S /hr. S /hr.
City of Santa Ana RFP 22-031
Page A4-1
11.
$
/hr.
$
/hr.
12.
$
/hr.
$
/hr.
13.
$
/hr.
$
/hr.
14.
$
/hr.
$
/hr.
LEGAL NAME OF COMPANY
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT DATE
PHONE AND FAX NUMBER
TITLE
E-MAIL ADDRESS
FEDERAL IDENTIFICATION NUMBER CONTRACTOR LICENSE NUMBER
(IF APPICABLE) (IF APPICABLE)
City of Santa Ana RFP 22-031
Page A4-2
EXHIBIT B
Appendix
ATTACHMENT 4
PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS
ON -CALL REPAIR SERVICES
RFP NO.: 22-031
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with
the scope of work locations. I am familiar with all the existing conditions and limitation that may
impact work requests. I understand and agree that I am responsible for reporting any errors,
omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Pricing - Pricing shall be based on an hourly cost, time and materials basis or
per task for services described in Exhibit A. Fee must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage,
and fuel. Any special materials will be purchased by the Contractor only after discussed and
authorized by the City Projects Manager or designee in writing.
A. Material: Contractor's cost for the supply plus (+) 15 % per Section 7-4.3 of the
"Greenbook" Standard Specifications for Public Works Constructions, latest edition.
B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for
all job classifications. List additional staff or equipment as necessary including
minimum hourly charged per call out trip if applicable.
Item Description Straight Time Overtime
1. Lead Technician (GENERAL FOREMAN) $ 134.00 /hr. $ 175.00 /hr.
2.
Technician (JOURNEYMAN ELECTRICIAN)
$
126.00
/hr.
$
165.00
/hr.
3.
Boom Ladder/Truck
$
30.00
/hr.
$
30.00
/hr.
4.
50' Height Boom Truck
$
40.00
/hr.
$
40.00
/hr.
5.
Single -mode fiber fusion splice
$
65.00
/ per fiber.
6,
Fiber Optic Technician
$
128.00
/hr.
$
173.00
/hr.
7.
85% APPRENTICE
$
112.00
/hr.
$
148.00
/hr.
g,
WORK TRUCK
$
26.00
/hr.
$
26.00
/hr.
9
SPLICE VAN
$
26.00
/hr.
$
26.00
/hr.
10.
$
/hr.
$
/hr.
City of Santa Ana RFP 22-031
Page A4-1
11.
$ /hr.
$
/hr.
12.
$ /hr.
$
/hr.
13.
$ /hr.
$
/hr.
14.
$ /hr.
$
/hr.
*NOTE: EACH MAN HOUR WILL HAVE A WORK TRUCK ADDED, EXAMPLE:
JOURNEYMAN ELECTRICIAN @$126/I-IR
+ WORK TRUCK @ $26.00 = $152.00/HR.
CROSSTOWN ELECTRICAL & DATA, INC.
626-813-6693 626-869-0192
LEGAL NAME OF COMPANY
5454 DIAZ ST., IRWINDALE, CA 91706
BUSINESS ADDRESS
DAVID P. REERYANCE
PRINT)RD NAM Q-i-Q_THORRI�AGENT
JGNATUI OF"AUTHOWED AGENT
22-3611877
PHONE AND FAX NUMBER
PRESIDENT
TITLE
5/2/2022 DAVE@CROSSTOWNDATA.COM
DATE E-MAIL ADDRESS
756309
FEDERAL IDENTIFICATION NUMBER CONTRACTOR LICENSE NUMBER
(IF APPICABLE) (IF APPICABLE)
City of Santa Ana RFP 22-031
Page A4-2