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HomeMy WebLinkAboutItem 13 - On -Call Traffic Control ServicesPublic Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: On -Call Traffic Control Services AGENDA TITLE Approve Agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. for up to a Three-year Term in an Aggregate Amount not to Exceed $500,000 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on -call traffic control services and equipment rental for a three-year period beginning February 1, 2022, and expiring on January 31, 2025, with a provision for one two-year extension, for a total shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 2, 2021, the Public Works Agency issued a Request for Proposal (RFP) for contractors to provide on -call traffic control services and equipment rental (Exhibit 1). The selected contractor(s) will supplement City staff by providing temporary and permanent traffic control services, and the necessary traffic control devices, personnel, and related equipment. This work generally consists of work -area traffic control setup, job site flagging, lane closures, road closures, detour routes, and special event traffic control. The RFP was advertised on the City's online bid management and publication system, with bids due on November 30, 2021. Two contractors downloaded the project documents. Two proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking: On -Call Traffic Control Services February 1, 2022 Page 2 Rank Firm Average Score Location 1 California Barricade Rentals, Inc. 98 Santa Ana 2 Statewide Safety Systems, Inc. 94 Garden Grove In accordance with the RFP, staff recommends awarding contracts to California Barricade Rentals, Inc. (Exhibit 2) and Statewide Traffic Safety and Signs, Inc. (Exhibit 3). Both contractors demonstrated a high technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor. EXHIBIT(S) 1. RFP No. 21-120, On -Call Traffic Control Services 2. Agreement for California Barricade 3. Agreement for Statewide Safety Systems, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager REQUEST FOR PROPOSALS (RFP) FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 ORANGE COUNTY SEAT OI GOVERNMENT THE GOLDEN CITY I GUN DED IISY - CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 Azadeh Azad Project Manager (714) 647-5667 Office aazad a,santa-ana.org Approved for Release: Zdenek Kekula Principal Civil Engineer Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Tuesday, November 2, 2021 Deadline for Requests for Infoi7nation: Tuesday, November 16, 2021 Proposal Due Date: Tuesday, November 30, 2021; 2:00 PM. Projected Award Date: Tuesday, January 11, 2022 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified Traffic Control Companies. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than November 30, 2021 at 2:00 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 ON -CALL TRAFFIC CONTROL SERVICES RFP NO.21-120 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: AZADEH AZAD 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 hM2s://www.planetbids.com/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 21-120 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 5 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 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 (CONSULTANT SELECTION) 15 A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 16 City of Santa Ana RFP 21-120 Page 3 VI. IMPLEMENTATION 16 NOTICE TO PROCEED VII. PUBLIC RECORDS 16 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: SAMPLE STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: CITY OF SANTA ANA STANDARDS PLANS City of Santa Ana RFP 21-120 Page 4 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking qualified on -call contractor(s) to provide traffic control services and equipment as directed by the City of Santa Ana. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each contractor, as determined by the City's needs. Attachment 1 includes a detailed Scope of Work in this RFP's Appendix. 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: • Company and Team Experience 25% • Understanding of Need 25% • Financial Capacity and Availability 20% • Schedule of Delivery 10% • References 10% • Fee (Separate Sealed Envelope) 10% 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. City of Santa Ana RFP 21-120 Page 5 Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firms for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term shall be outlined in the Standard Consultant Agreement, as shown in the Appendix of this RFP as Attachment 2. City of Santa Ana RFP 21-120 Page 6 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 companX 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. 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 City of Santa Ana RFP 21-120 Page 7 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. 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 City of Santa Ana RFP 21-120 Page 8 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. 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 21-120 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 336.10 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 anticipated to be incurred by the Agency, including legal fees and staff costs, City of Santa Ana RFP 21-120 Page 10 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 days 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. D. ADDENDA 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 hLtps://www.planetbids.com/portal/portal.cfm?Compg&YID=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. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City of Santa Ana RFP 21-120 Page 11 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. 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 Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Public Works Director or her/his 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. City of Santa Ana RFP 21-120 Page 12 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 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. Company and Team Experience: Proposal shall include a profile of the Construction Company's experience. Include resumes of 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 City of Santa Ana RFP 21-120 Page 13 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 AvailabLh!T. 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 Company's Standard Hourly Fee Schedule, a table outlining 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. City of Santa Ana RFP 21-120 Page 14 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 21-120 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. VIL 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 21-120 Page 16 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Background The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City of Santa Ana RFP 21-120 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not be limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City of Santa Ana RFP 21-120 Page Al-2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work will be provided when/if a project or Task Order proposal is requested from the contractor(s). City of Santa Ana RFP 21-120 Page Al-3 Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City of Santa Ana RFP 21-120 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors • Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing • A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City of Santa Ana RFP 21-120 Page Al-5 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City of Santa Ana RFP 21-120 Page Al-6 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 emergency repair or installations of new traffic signal systems, street lights, concrete wheel chair ramps, and appurtenances and other infrastructures. 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. 21-120 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of $500,000 during the term of this Page A2-1 of 11 Non -Fed Funding (6.1.2021) agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on 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 Page A2-2 of 11 Non -Fed Funding (6.1.2021) shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability ("CGL") Insurance- Insurance Services Officer Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either 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 Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance- as required by the State of California, with statutory limits and employer's liability insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. 4. Professional Liability Insurance (Errors and Omissions)- Contractor will maintain professional liability insurance appropriate to their profession with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. A. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage, shall be available to the City. B. The insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions: 1) Additional Insured Status- the City, its officers, officials, employees and volunteers shall be covered as additional insureds on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used.) Page A2-3 of 11 Non -Fed Funding (6.1.2021) 2) Primary Coverage- for an claims related to this Agreement, the Contractor's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute to it. 3) Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be cancelled except with notice to the City. 4) Waiver of Subro ag tion- Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver -of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5) Self -Insured Retentions- Self -insured retentions must be declared and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claims 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 names inured or the City. 6) Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7) Claims Made Policies- If any of the required policies provide coverage on a claims - made basis: i. The Retroactive Date must be shown and must be before the date of the agreement of the beginning of the agreement work; ii. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work under this agreement; iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of agreement work. 8) 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. Page A24 of 11 Non -Fed Funding (6.1.2021) 9) Subcontractors- Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10) Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based upon the nature of the risk, prior experience, insurer, coverage or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Page A2-5 of 11 Non -Fed Funding (6.1.2021) pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each Page A2-6 of 11 Non -Fed Funding (6.1.2021) party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Page A2-7 of 11 Non -Fed Funding (6.1.2021) 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 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) Santa Ana, California 92702 Fax: 714-647-5635 Page A2-8 of 11 Non -Fed Funding (6.1.2021) To Contractor: First & Last Name Title Contractor Firm Name Address City, State, Zip Fax: 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. 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) Page A2-9 of 11 Non -Fed Funding (6.1.2021) EXHIBIT A SCOPE OF SERVICES Page A2-10 of 11 Non -Fed Funding (6.1.2021) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page A2-11 of I I Non -Fed Funding (6.1.2021) 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 , 21 , 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 21-120 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 21-120 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 21-120 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. 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 21-120 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 21-120 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 21-120 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 21-120 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: 1/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 1/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name 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 21-120 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 21-120 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 21-120 Page A3-10 Appendix ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS 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: 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 21-120 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 21-120 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 proposing/bidding 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 21-120 Page A3-13 Appendix ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REOUIREMENTS 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: hqp://www.santa-ana.org/pwa/documents/CWA&df 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 21-120 Page A3-14 Appendix ATTACHMENT 4 City of Santa Ana Standard Plans STANDARD PLANS https://www.santa-ana.orf4/pw/enf4ineerinf4-services City of Santa Ana RFP 21-120 Page A4-1 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS AGREEMENT is made and entered into this 1st day of February 2022, by and between California Barricade Rentals, Inc., dba as California Barricade, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on -call traffic control services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). 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 Page 1 of 10 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 10 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in Page 3 of 10 the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 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). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Page 4 of 10 iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 5 of 10 Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: California Barricade Rentals, Inc. 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Attn: Kellie Hurst, Vice President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or Page 7 of 10 obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, 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. Page 8 of 10 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page) Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CONTRACTOR Name: Kellie Hurst Title: Vice President Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Background The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City of Santa Ana RFP 21-120 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not be limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City of Santa Ana RFP 21-120 Page Al-2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work will be provided when/if a project or Task Order proposal is requested from the contractor(s). City of Santa Ana RFP 21-120 Page Al-3 Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City of Santa Ana RFP 21-120 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors • Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing • A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City of Santa Ana RFP 21-120 Page Al-5 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City of Santa Ana RFP 21-120 Page Al-6 EXHIBIT B RFP NO. 21-021 On -Call Traffic Control Services CITY OF SANTA ANA Santa Ana Public Works Agency Respectfully submitted to: ft gnu,► ORANOE COUNT SEAT OF OO VERNMENT THE GOLDEN CIT FOUNDED 1869 Respectfully submitted by: AL/FO RN/A 4wcoiRRICADE City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Cover Letter Contract Agreement Statement AVOGARRICADE November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Letter of Commitment to Provide On -Call Traffic Control Services City of Santa Ana RFP #21-120 90mr_RTta7_RT This Letter of Commitment confirms that California Barricade, Inc. agrees to serve the City of Santa Ana Public Works Agency as a service provider on the above -referenced contract, providing work zone traffic control services, and rental and sale of temporary traffic control devices. California Barricade, Inc. holds a valid City of Santa Ana business license, is registered with the DIR and holds an SBE certificate through the California Department of General Services. All are included within our bid package. For contractual matters, I am the point of contact. As vice president of California Barricade, Inc., I am a duly authorized officer of the firm and can bind and commit the firm to the contractual obligations of this contract. I can be contacted at our office address at 1550 E. Saint Gertrude Place Santa Ana, CA 92705. My office phone number (714) 558- 8474, and my email address is kellie@californiabarricade.com. We have had the privilege of serving the City of Santa Ana since 1998, and we are committed to continuing to provide the best possible service at competitive rates. Additionally, we are confident that we can offer value-added services to effectively and efficiently complete the tasks assigned to us under this contract. Sincerely, Kellie Hurst Vice President California Barricade, Inc. +� CALIFORNIA/ 0 November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Provision Concurrence and Concerns Dear Azadeh Azad: California Barricade, Inc. concurs with all provisions of this contract with the exception of the following: Appendix Attachment 2 Standard Agreement Section 7. Insurance The requirement for Professional Liability insurance is $2,000,000 aggregate. California Barricade, Inc. currently holds $1,000,000 aggregate. We respectfully request the city accept the current limit. If not, we will increase our limit in honor of the contract. Appendix Attachment 3-12: Statement Regarding Community Workforce Agreement (CWA) Requirements California Barricade, Inc. is not signatory to a union and is unable to sign the above mentioned Attachment. We do however adhere to all public works compliance requirements for a private firm, including timely filing of the following. o DAS140 Public Works Contract Award Information o DAS142 Request for Dispatch on an Apprentice o Certified Payroll with Statement of Compliance o Training Fund Contribution to the California Apprenticeship Council We welcome all dialog and hope the city will recognize our ability to meet and comply with all other provisions of the contract. Sincerely, A Y' 1vt Kellie Hurst Vice President California Barricade, Inc. City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Company and Team Experience Understanding of Need Financial Capacity and Availability References Scope of Services and Schedule FIRM & TEAM EXPERIENCE ORGANIZATIONAL CHART California Barricade, Inc. is a California Subchapter S Corporation and has been in business since 1984 providing work zone traffic control services and rental and sale of temporary traffic control devices. We service a variety of industries including, but not limited to: state and local governments, municipalities, paving, construction, environmental, pipeline, and entertainment companies. We have held our C-31 work zone traffic control contractor's license (785733) uninterrupted since this class was instituted in the year 2000. At that time, California Barricade, Inc. was grandfathered in when we were recognized as one of the few leading experts in the field. California Barricade, Inc. employs highly trained ATSSA certified traffic control supervisors, traffic control technicians, flaggers, and traffic plan designers. They undergo training on a continuous basis. Their training and expertise gives them a working knowledge of how to accurately perform in diverse traffic situations per specifications outlined in traffic control plans, Caltrans Standard Plans and Specifications, California Manual on Uniform Traffic Control Devices (CAMUTCD), California Temporary Traffic Control Handbook (CATTCH) California Joint Utility Traffic Control Manual (CJUTCM), and the Work Area Traffic Control Handbook (WATCH). Employees of California Barricade, Inc. hold certifications in the following safety programs: ■ ATSSA Certified Traffic Control Supervisor ■ ATSSA Certified Traffic Control Technician ■ ATSSA Certified Flagger ■ ATSSA Certified Traffic Control Design Specialist ■ Loss Prevention System ■ API Worksafe ■ Passport Safety Program ■ OSHA 10 Hour Occupational Safety & Health ■ OSHA 40 Hour HAZWOPER ■ NSC Defensive Driving �-CAL/PORN/A QARR/CADE Mark Hurst President O (714) 558-8474 M (714) 679-5856 mark@californiabarricade.com David Tangitau General Manager O (714) 558-8474 M (714) 721-7761 dave@californiabarricade.com Owen Vaea Operations Manager IPlan Design O (714) 558-8474 M (714) 721-7833 owen@californiabarricade.com RogerCaneda Estimating I Plan Design O (714) 558-8474 M (714) 715-2399 roger@californiabarricade.com Organizational Chart Kellie Hurst Vice President O (714) 558-8474 M (714) 679-5857 kellie@californiabarricade.com Joni Watson Chief Financial Officer O (714) 558-8474 joni@californiabarricade.com Julie Escobar Accounts Receivable O (714) 558-8474 julie@californiabarricade.com Client Specialists Sitina Vaea Christina Novoa O (714) 558-8474 O (714) 558-8474 sitina@californiabarricade.com christina@californiabarricade.com ATSSA Certified Traffic Control Supervisors, Technicians, Flaggers, Plan Designers Steven Aguilar Gilberto Panameno Tanoa Seau (714) 380-1164 (714) 679-5863 (714) 497-9725 RogerCaneda Ernesto Rivera Edward Semaia (714) 715-2399 (714) 785-2405 (714) 679-5861 Adrian Cruz Andrew Rodriguez Jeff Sin (714) 450-5569 (714) 679-6293 (714) 721-7817 Mark Gomez Andrew Rodriguez, Jr. Amanake Vaea (714) 558-8474 (714) 558-8474 (714) 721-7828 Jose Gonzalez Eric Rodriguez (714) 476-4490 (714) 497-7765 drCWJiJV1&DEM/A Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew development, training, and project specific preparation. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. David Tangitau I General Manager Mr. Tangitau has 19 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Relevant Experience ■ City of Santa Ana Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. ■ Ninyo & Moore, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities including well installation and abandonment as well as sampling and monitoring. drCWJiJV1&DEN/A Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Design Specialist • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew safety training and project specific safety preparations. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. • Expert development of traffic control plans specific to site location and governing agency regulations. Owen Vaea I Operations Manager, Safety Supervisor Mr. Vaea has 12 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control and safety supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Mr. Vaea also has vast experience developing site specific work zone traffic control plans. Relevant Experience ■ City of Santa Ana Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. UNDERSTANDING OF NEED California Barricade, Inc. has vast experience in meeting the traffic control requirements for the City of Santa Ana. As an approved vendor since the early 1990's, we have expanded substantially the level of service and commitment to the City. We have, and will continue to provide excellent service and response to both City employees, and outside organizations that work within city limits. Experts in Our Field California Barricade, Inc. has been in business as a C-31 Work Zone Traffic Control service provider since 1984, and employs only ATSSA Certified Traffic Control Supervisors, Technicians, and Flaggers. We have a command of MUTCD, WATCH, AASHTO, Caltrans standard plans, and the SAMC. We possess the ability to design and read all manner of traffic control plan. The ongoing intensive training and refreshing that our field personnel receive is the highest level available in our industry. Commitment to Safety The safety culture at California Barricade, Inc. is vibrant and engaging. Every employee is committed to everyone they work with, on and off the job site, going home safe every day. Considerable time and resources are invested in training, behavior, awareness, and communication. Daily tailgate talks, and monthly safety meetings equip all employees with the tools needed to do their job safely. Customer Service Excellence The City of Santa Ana has enjoyed, and will continue to enjoy access to all California Barricade, Inc. support personnel. Every employee is committed to a positive and productive relationship with City personnel. Mark Hurst President Kellie Hurst Vice President/Contracts David Tangitau General Manager Owen Vaea Operations ManagerlSafety Supervisor Sitina Vaea Quotes/Scheduling/Insurance Julie Escobar Billing Timely Proposal Processing Immediately upon request, our team of qualified employees will properly assess the required field operations, and prepare a proposal according to the needs of the City. Typical turn -around time is 1-2 business days. In the event a site visit is required, the proposal may take 2-4 days. Every effort will be made to provide proposals within the timeframe communicated by the City. Pre -field Meeting Attendance California Barricade, Inc. has faithfully attended, and fully participated in pre -field meetings, and will continue to do so. We will use those opportunities to build relationships, better understand the scope of work, and the needs of those involved in the planning. This allows us to enhance our level of service to properly respond to concerns about safety, and the goal to insure systematic field operation. Professional Engagement with All Departments Currently, California Barricade, Inc. has a very positive working relationship with all involved departments of the City. We are committed to continuing to serve the Public Works Agency well. Representatives from any City department can be assured that the level of response and commitment by California Barricade, Inc. will be unparalleled. Continued... Work Related Traffic Control Plans Both the City, and outside organizations who work within the City may require traffic control plans. California Barricade, Inc. provides plan design per regulations outlined in the WATCH Manual or CAMUTCD. Plans will be drawn specific to the scope of work provided by the City. Oversite by the City's Traffic Engineering Department is welcomed. Work Zone Traffic Control Once the scope of work has been determined, and plans and permits are in place, our experienced traffic control technicians will begin the process analyzing the plans for proper execution. Execution may vary by work scope, and as much as possible, traffic control devises will be pre -staged for rapid placement when work begins. Technicians will dispatch with all necessary information, plans, vehicles, and equipment necessary to meet or exceed the requirements for the field operation. Job Related Response Time California Barricade, Inc. is located within the City of Santa Ana, as are some of our technicians. This gives us the ability to mobilize and respond at any time the City requires. While it is not typical the City would require our services on an emergency basis, they certainly could, and will be met with a rapid 1- 2 hour response. Quality Assurance Every task performed in support of the City and outside organizations, will be done with an emphasis on professionalism, safety, quality, excellence, and timeliness. Procedures are in place that assure the City any request that is made will be addressed immediately, and accurately. Timely and Accurate Billing We will continue our commitment to provide timely and accurate invoices to either the City or outside organizations. Invoices will directly correlate to the proposal, and may include any service or equipment adjustments made in the field, and approved by the client. Wrap-up Meeting Attendance When invited, California Barricade, Inc. will faithfully attend, and fully participate in wrap-up meetings. We will use those opportunities to better understand the impact of our service to the City, and make any adjustments needed. We will share anything learned that will insure traffic control for future projects be as safe and efficient as possible. PAST PROJECTS & REFERENCES INDICATING FINANCIAL CAPACITY & AVAILABILITY Client Name City of Santa Ana Water Resources Department Contact Name Jaime Bermudez Phone/Email 714 351-4515 jbermudez@santa-ana.org Project Dates Ongoing since 2021 Project Description On -call work zone traffic control services Client Name Irvine Ranch Water District Contact Name Scott Beltran Phone/Email 949) 453-5717 beltran@irwd.com Project Dates Ongoing since 1998 Project Description On -call and emergency response work zone traffic control services for collections, construction, and maintenance departments. Client Name RL Clotworthy Construction, Inc. Contact Name Dean Hinson Phone/Email 951 693-5130 dean@rlclotworthy.com Project Dates Ongoing since 2020 Project Description On -call response work zone traffic control services for Verizon 5G infrastructure operations. Client Name Orange County Water District Contact Name Ben Lockhart Phone/Email 714 378-3293 blockhart@ocwd.com Project Dates Ongoing since 2009 Project Description On -call work zone traffic control services. Client Name Ocean Blue Environmental Services, Inc. Contact Name Ed Acosta Phone/Email 562 429-8612 fasteddie85000@aol.com Project Dates Ongoing since 2010 Project Description Emergency response work zone traffic control services. SCOPE OF SERVICES AND SCHEDULE Monitored After Set -Up Work Scope Personnel Equipment Timeline Exclusion zone(s) Flashing Arrow Boards including but not limited Cones or Delineators 1-2 hours to mobilize to: ATSSA Certified Type I and/or Type III Set-up is scope ■ Lane Closure(s) Traffic Control Supervisor(s) Barricades specific, estimate 30- ■ Road Traffic Control Technician(s) Advanced Warning Signs 60 minutes for typical Closure(s) Construction Area Signs lane closure ■ Detours Advanced Warning Signs Stop/Slow Paddles 1-2 hours to mobilize Flagging Operation(s) ATSSA Certified Flagger(s) Two-way Communication and set flagger stations Flashlight or Signal Wand Balloon Lights Truck Mounted ATSSA Certified TMA (Scorpion) on truck Attenuator TMA Operator mounted with flashing arrow 1-2 hours to mobilize board ATSSA Certified & Trained Mobilization, staging, Special Event Install & Traffic Control Supervisor(s) Scope related traffic control and set up is scope Remove Traffic Control Technician(s) devices specific Laborer(s) Unattended After Task Work Scope Personnel Equipment Timeline 2-4 hours port to port Closure Maintenance ATSSA Trained Scope related traffic control depending on size of Traffic Control Technician devices closure and/or detour route Advanced Warning Signs ATSSA Trained Sidewalk Closure Signage Sidewalk Closure(s) Traffic Control Technician Cones or Delineators 2 hours port to port Cone Bars Caution Tape Type I Barricades or Temporary No Parking Laborer Delineators 2 hours port to port Zone(s) Temporary No Parking or Tow Away Signs Traffic control if needed ATSSA Certified 5', 10', or 20' Concrete Krails Installation of Concrete Traffic Control Technician(s) Reach Forklift or Boom Truck Depends on quantity Krail Flatbed truck driver Crash Array or SLED Estimate 4 hours for Reach Forklift Operator -or- specific to speed limit every 20 pieces Boom Truck Operator Reflectors & Directional P-Markers ATSSA Certified 6' Guardian (42") or 6' Water Depends on quantity Installation of Water Traffic Control Technician(s) Wall (36") Water Barriers Estimate 2 hours for Barriers Helper(s) with Locking Pins every 20 pieces Unattended After Task (continued) Work Scope Personnel Equipment Timeline Water truck with appropriate Depends on quantity Water Delivery Service Water truck operator hoses Estimate 2 hours for Water Meter every 20 water barriers Mobilize Changeable Laborer Pre-programmed CMS 1-2 hours per CMS Message Sign port to port Development Services Scope Personnel Timeline Manager Supervisor A representative of CBR familiar with the project will be Pre -Field Meeting Safety Supervisor available at the City's convenience for pre -field Estimator meetings. Manager A representative of CBR familiar with the project will be Post -Field Meeting Supervisor available at the City's convenience for post -field meetings. Typical: 5-7 business days ATSSA Certified Traffic Expedited 2-4 business days Control Design Specialist In every case, CBR will respond according to the Traffic Plan needs of the City. Development Typical: 10-15 business days Traffic and/or Civil Engineer Expedited 5-7 business days In every case, CBR will respond according to the needs of the City. California Barricade, Inc. is located within city limits and will respond to emergency calls in 1-2 hours. If the work scope is vast, an advance crew will arrive within 2 hours and additional technicians will mobilize accordingly. All California Barricade, Inc. vehicles and equipment are clearly identified with the company logo and phone number. All traffic control vehicles and truck mounted attenuators are fully equipped with functional beacons, flashing lights, and strobes. Flashing Arrow Boards and/or Changeable Message Signs will be either truck or trailer mounted. High visibility reflective equipment to be used for night work. As will light towers and balloon lights if the work scope requires it. All exclusion zones to be set in accordance with the provisions, guidelines and specifications detailed in the latest editions of the following: California Manual on Uniform Traffic Control Devices (CAMUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. In some cases, specific ADA equipment may not be available for services or rental. The City may be required to purchase certain ADA items. Advance notice by the City will ensure availability. City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Certifications 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 thereo% 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 Kellie Hurst Subscribed and sworn to (or affirmed) before me on this _ day of , 21 , by proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. SEE CALIFORN6A NOTARY, AT -ACHED Notary Public Signature Notary Public Seal City of Santa Ana RFP 21-120 Page A3-1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oranqe Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst ------------- proved to me on the basis of satisfactory evidence to be the person who appeared before me. CMTUN TURNER Notary Public. California *my Orange CountyCommission t 2366097 Comm. Expires Jul 17, 2025 (Seal) Signature Rtt-acied lwl- is -�r Non - COMSIDn Hffida\nt Appendix ATTACIEKENT 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 California Barricade, Inc. Signed and Printed Name: /G l' , LL V 41 Kellie Hurst Title Vice President Date November 29, 2021 City of Santa Ana RFP 21-120 Page A3-2 Appendix ATTACBAMNT 3-3: NON-DISCRINHNATION 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 maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 21-120 Page AM 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. S. 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: kAW a Kellie Hurst Title: Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 Page A3-4 Appendix ATTACHMENT 34: 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: Califomia Barricade. Inc. Business Address: 1550 East Saint Gertrude Place Santa Ana, CA 92705 Business E-Mail Address: kellie@californiabarricade.com Telephone: (714)558-8474 (800)327-8844 State Contractor's License No. and Class: 785733-C31 License Expiration Date: 10/31/2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000017487 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2022 Signed: lall m-Ii/t Kellie Hurst Title: Vice President City of Santa Ana RFP 21-120 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. The undersi¢ned certifies that the foreeoine is true and correct. Name of Firm California Barricade, Inc. Signature of CONTRACTOR l�4 r VV�Vi� Kellie Hurst Title Vice President (if an individual, so state) City of Santa Ana RFP 21-120 Page A3-6 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Kellie Hurst, Vice President being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSIUP 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. ❑x CORPORATION That he is of: California Barricade, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the 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 pars Signature of CONTRACTOR Subscribed and sworn to before me this day of 20 SEE CALIFORNIA NOTARY, AT*AC;iED Signature of officer Administering Oath (Notary Public) City of Santa Ana RFP 21-120 Page A3-7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orancie Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst ------------- proved to me on the basis of satisfactory evidence to be the persono who appeared before me. ————————----- CAITUN TURNER Notary Public • California Orange County Commission a 2366097 Omy Comm. Expires Jul 17, 2025 (Seal) Signature Aitacklec IvoA- \s jr Dwher5h,p Af-Gaavit 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: Streets, highways including bridge projects: %2% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name Ellis Equipment, Inc License #/Exp. 1043179 08/31/2022 DIR Reg. #/Exp. 1000441563 06/30/2022 Location Signal Hill, CA Phone (562)424-9991 Type Of Work Concrete krail installation Amount $ To be determined Name J&S Striping Company, Inc License #/Exp. 538211 08/31/2022 DIR Reg. #/Exp. 1000006912 06/30/2022 License # Location Ontario, CA Phone (909)947-8073 Type Of Work Striping: temporary & permanent Amount $ To be determined Name Gary Quimilman's Water Service License #/Exp. DIR Reg. #/Exp. 1000369385 06/30/2022 License # Location Garden Grove, CA Phone (714)719-3268 Type Of Work Water deliery service Amount $ To be determined Kellie Hurst 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 21-120 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. City of Santa Ana 20 Civic Center Plaza Room 429 Santa Ana, CA 92701 Name and Address of Owner. Sonia Batres (714) 571-4227 1 Jaime Bermudez (714) 351-4515 Name and Telephone Number of person familiar with project. $495,293 1 $300,000 Event related & work zone traffic control services Ongoing since 1998 Contract Amount Type of Work Date Completed 2. Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92619 Name and Address of owner. Scott Beltran (949) 453-5717 Name and Telephone Number of person familiar with project. Contract Amount Consultants, Inc Work zone traffic control services Type of Work Ongoing since 1995 Date Completed Itrans) 3043 Gold Canal Drive Ste 100 Rancho Cordova, CA 95670 Name and Address of owner. Andv Andrews (916) 637-8048 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing 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. Elmco Insurance Richard Campoli (714) 361-1911 richard@elmcoinsurance.com 1904 North Main Street Santa Ana, CA 92706 City of Santa Ana RFP 21-120 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. Orange County Water District P.O. Box 20845 Fountain Valley, CA 92728 Name and Address of Owner. Ben Lockhart (714) 378-3293 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing since 2009 Contract Amount Type of Work Date Completed 2. R.L. Clotworthy Construction, Inc. (Verizon 5G) 41550 Reagan Way Murrieta, CA 92562 Name and Address of owner. Dean Hinson (951) 693-5130 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing since 9/2020 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 21-120 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which 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: Kellie Hurst Title: vice President Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 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. L� 1 Signed: - ✓r � L��L Kellie Hurst Title: Vice Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 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 proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. City of Santa Ana RFP 21-120 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: hqp://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: Intentionally left blank. City of Santa Ana RFP 21-120 Page A3-14 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Supporting Documents CITY OF SANTAANA BUSINESS TAX SECTION (M-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTAANA, CA 92702 (714) 647-5447 CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 168398 TAX PERIOD: 4/1/2021 - 3/31/2022 BUSINESS NAME: CALIF BARRICADE RENTALS INC AMOUNT PAID: $2,053.00 BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTAANA CA 92705-5310 DATE PAID: 03/25/2021 OWNER NAME: HURST,MARK L. -PRES THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT This business license tax account is void upon sale or transfer of a business Every business is responsible for the annual renewal of their business license tax account It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes: Name change Location Change Ownership or representative change Business activity change The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements. Sec. 21.18. - No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 211 constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) The person; -firm -or -corporation named -below has-been-issued-this-businGss-license tax receipt -pursuant -to -the -provisions -of 411a-City-Business- License --Tax-Code-- (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicantilicensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicants icensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA -TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92702 PHONE (714) 647-5447 CALIF BARRICADE RENTALS INC 1550 E ST GERTRUDE PL SANTA ANA, CA 92705.5310 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 168398 TAX PERIOD: 41112021- 313112022 BUSINESS TYPE: EQUIPMENT SALES S RENTALS BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTA ANA, CA 92705 BUSINESS NAME: CALIF BARRICADE RENTALS INC OWNERIREP: HURST,MARK L -PRES EXPIRATION DATE: 0313112022 �fafje of California CrIIntrttctnrs �tttte `3�icense �uttr� Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: � a CvNTR,40TORS STATE LICENSE BOARD ACTIVE LICENSE , - 785733 = CORP CALIFORNIA BARRICADE RENTALS INC 6s m C31 WPM 10/31/2022 www cslb ca. ov CALIFORNIA BARRICADE RENTALS INC to engage in the business or act in the capacity of a contractor in the following classification(s): spew C31- CONSTRUCTION ZONE TRAFFIC CONTROLDep��",ti ,,,o, Consumer Affairs Witness my hand and seal this day, _ October 13, 2000 Issued October 1Z 2000 r4M7 James Goldstene nterim Registrar of Contractors This license is the property of the Registrar of Contractors, is not 785733 ier transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason. It becomes License Number void if not renewed. AUDIT NO: 232640 Contractor Information LMOBi tlrMarro CA UFORNLA OA MAK RENTALS. INC &ft Com"ion Stawn Ad7ve Rtg!Vtr@OW NuNAM ICKOD17497 R@Skmdw date 71312021 RF94trlroon • "union daft 6f3017on Milling Address 15SO E. SU YT CER MUDE PLACE rSJWA ANA 92705 CA Lmk._ PL"C*I AGdr*" 2550 E. SA I T GER1RUDE PLACE SANTA ANA 92705 CA UWL.. Emrll Addn Trbft N0nWf?P5A C+LLTFORHLA BARRICAUr- INC. Lilum* Numb*rlsj M21 857'33 C$L13:785733 Legal Entity Information corpmpratlQR NumB*r: C203S262 Federal Eanployrnent IdantlAcatkm Numbar- Pnt wmm Name - MARK HURL 7 Vice Pmsldam N4nw: KELL LE HURST Treasurer Name: KELLIE HURST Secretary Name, K F I L I E HURST CEO Nw": KELLTE HURST Agent of Service Fame; NANCY DOWD A#*M of 5#rykv M iling Addrow 9921 C RMa MOUNTAIN ROAD 01. 382 SAN DTEC.092129CA UnimiStates of Ar mnica Workers Compensation Do you lease employees No through Professional Ernploy*r Organization (PEp)7: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO ln#urmationNarne Phone Email Insured by Carrier Registration History Effective Date 6tpirvtkm Ogee 611212018 6130(2019 W912017 6f3012018 611512016 6130J2017 9123f2f015 613012016 313112015 6f301201S 71V2019 613012M 71112020 fib IM21 71V2021 613012022 Policy Holder Neme:CALIFORNIA BARRICADE RENTALS, INC.Insurance Carrkw. S7ATE COM PEN SATION INSURANCE FUN DPolicyNumbeOX360820Inoeption date613012GMExpiraftn Date: 6f 29/2021 Printed on: 6/9/202110:20:39 AM Orns CALIFORNIA DEPARTMENT OF GENERAL SERVICES To verify most current certification status go to: https://www.cateprocure.ca.gov Office of Small Business & DVBE Services Certification ID: 25944 Email Address: kellie@californiabarricade.com Legal Business Name: California Barricade Rentals, Inc. Business Web Page: www.catiforniabarricade.com Doing Business As (DBA) Name 1: California Barricade Rentals, Inc. Business Phone Number: 714/558-8474 Doing Business As (DBA) Name 2: California Barricade, Inc. Business Fax Number: 714/558-3821 Address: 1550 E. Saint Gertrude Place Business Types: Santa Ana Construction , Non -Manufacturer, Service CA 92705 Certification Type Status From To SB(Micro) Approved 06/08/2021 06/30/2023 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSH E LP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street,1-400, West Sacramento, CA 95605 EXHIBIT C LABOR FEE PROPOSAL 2022 Prevailing Wage M-F Hourly Saturday Hourly Sunday Hourly 1 technician - 4 hour minimum $125.00 $145.00 $165.00 Overtime after 8 hours — per technician $145.00 $145.00 $165.00 Overtime after 12 hours — per technician $165.00 $165.00 $165.00 1 supervisor — 4 hour minimum $145.00 $165.00 $185.00 Overtime after 8 hours — per supervisor $165.00 $165.00 $185.00 Overtime after 12 hours — per supervisor $185.00 $185.00 $205.00 2022 Standard Wage M-F Saturday Sunday Hourly Hourly Hourly Mobilization & demobilization — per technician $95.00 $115.00 $135.00 Mobilization & demobilization — per supervisor $115.00 $135.00 $155.00 Dai I Attenuator vehicle (without operator) $395.00 1 Service Descriptions: Work area traffic control set-up, monitoring, removal, flagging operations, lane closures, road closures, detours, installations & removals, and special events. Prices will escalate according to bi-annual increases on the DIR Prevailing Wage Determinations. A `not to exceed' amount is directly related to the number of occurrences required by the City. orv AL/PORN/A RR/CADE RENTAL FEE PROPOSAL RENTAL ITEM DAILY WEEKLY MONTHLY Flasher only $ 0.15 $ 0.60 $ 1.80 Type B flasher $ 0.55 $ 2.20 $ 6.60 Type I barricade $ 0.25 $ 1.00 $ 3.00 Type I barricade w/ flasher $ 0.28 $ 1.10 $ 3.30 Type I barricade w/ sign $ 0.70 $ 2.80 $ 8.40 Type I barricade w/ flasher & sin $ 0.83 $ 3.30 $ 9.90 Type III barricade $ 1.38 $ 5.50 $ 16.50 Type III barricade w/ flasher $ 1.65 $ 6.60 $ 19.80 Type III barricade w/ sign $ 1.93 $ 7.70 $ 23.10 Type III barricade w/ flasher & sign $ 2.20 $ 8.80 $ 26.40 Sign only aluminum, mesh or reflective $ 0.55 $ 2.20 $ 6.60 Advance warning signs 36 x 36 or 48 x 48 Mesh or reflective sign w/ stands & flags -or- Aluminum signs on a -frame sign stands $ 1.10 $ 4.40 $ 13.20 Advance warning signs w/flasher $ 1.25 $ 5.00 $ 15.00 10' parade barricades $ 1.65 $ 6.60 $ 19.80 7'6" pedestrian barricades $ 3.30 $ 13.20 $ 39.60 39" delineator 12 lb. base $ 0.20 $ 0.80 $ 2.40 Delineator base onl 12 Ib. $ 0.15 $ 0.60 $ 1.80 28" traffic cones reflective 7 lb. $ 0.30 $ 1.20 $ 3.60 Traffic drums 25 lb. base $ 0.83 $ 3.30 $ 9.90 K-Rail: Concrete CALL K-Rail: Water filled $ 3.30 $ 13.20 $ 39.60 Traffic Beacons $ 17.50 $ 87.50 $ 162.50 Solar Arrow Boards $ 32.50 $ 150.00 $ 400.00 Light Towers $ 45.00 $ 170.00 $ 495.00 Message Boards $ 92.50 $ 300.00 $ 600.00 drAL/PORN/A (ZFARR/CADE EXHIBIT 3 AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS AGREEMENT is made and entered into this l st day of February 2022, by and between Statewide Traffic Safety and Signs, Inc., dba as Statewide Safety Systems, Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on -call traffic control services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). 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 Page 1 of 10 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2of10 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in Page 3 of 10 the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 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). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from'the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. Page 4 of 10 iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 5 of 10 Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Statewide Safety System, Inc. 1100 Main Street, Suite 100 Irvine, CA 92614 Attn: Don Nicholas, CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or Page 7of10 obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject -to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, 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. Page 8 of 10 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Clerk of the Council Kristine Ridge City Manager [signatures continued on next page] Page 9of10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 'tendon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CONTRACTOR Na e: Title: CA-:1U Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction 1 Backi,)round The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup ■ Job site flagging • Lane closures • Sidewalk closure ■ Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) ■ Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City of Santa Ana RFP 21-120 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Proiect Management. Eauinment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not he limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City of Santa Ana RFP 21-120 Page Al -2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub -contractors) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City ■ Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule and/or promect fee schedule where applicable and as outlined in this this documents. A list of all Positions and hourly rates re uired to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be Iisted in fee schedule. A morespecific scope of work will be provided when/if a proiect or Task Order Proposal is reguested from the contractor(s). City of Santa Ana RFP 21-120 Page Al-3 Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City of Santa Ana RFP 21-120 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City of Santa Ana RFP 21-120 Page Al-5 Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City of Santa Ana RFP 21-120 Page Al-6 EXHIBIT B �tE��vic�ce ,r 1ffic Safety end Signs, Inc. db,� S.titevvi,de S� (-ry Systp:ll)s 2722 S. Fairview Street Santa Ana, CA 92734 c7r, "SA# STATEWIDE SAFETY SYSTEMS STATEMENT OF QUALIFICATIONS (SO Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statewidess.com Arizona / California / Colorado / Hawaii / Nevada / New Mexico / Oregon / Texas / Utah / Washington AM STATEWIDE SAFETY SYSTEMS November 30, 2021 Azadeh Azad, Project Manager Santa Ana Public Works Agency City of Santa Ana, California 20 Civic Center Plaza Santa Ana, CA 92701 Subject: RFP No. 21-120 On -Call Traffic Control Services Dear Azadeh Azad, Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems (Statewide) has attached a proposal for the City of Santa Ana's RFP No. 21-120: On -Call Traffic Control Services. We acknowledge receipt of all addenda issued before the bid date of this RFP. As Secretary & Treasurer of Statewide, I have the legal authority to contractually bind the company. Jon Lang Sr, Vice President, has legal authority to contractually bind the company as well. Statewide's local contact and location servicing the City of Santa Ana Kory Fivecoat, Branch Manager 2722 S. Fairview Street Santa Ana, CA 92704 Phone: (714) 468-1919 Email: kfivecoat stssi.com & servicesgstssi.com We are committed to providing the best possible service to the City of Santa Ana and are confident we can offer value-added services to effectively and efficiently complete tasks assigned to us under this contract. Thank you for the opportunity to provide our Traffic Control Services to the City of Santa Ana. Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems Marty Breen Secretary & Treasurer 1100 Main Street, Suite 100 Irvine, CA 92614 mbreen _statewidess.com services@stssi.com Aiw® STATEWIDE SAFETY SYSTEMS Contract Agreement Statement No concurrence or concerns with the provisions in Appendix 2 —Agreement at this time. W Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statewidess.com Arizona / California / Colorado / Hawaii / Nevada / New Mexico / Oregon / Texas / Utah / Washington STATEWIDE SAFETY SYSTEMS CornpanV and Team Experience: Statewide Traffic Safety and Signs Inc. dba Statewide Safety Systems (Statewide) has positioned itself as an industry leader in traffic control in California, with 11 offices located throughout the state. Statewide operated in Nevada and has affiliated companies operating in multiple states in the Central and Western United States. Statewide provides rental services and sales of traffic control products, as well as providing services ranging from traffic plans, permits, sign fabrication, and traffic closures on surface streets, highways, and major freeways. Services Construction Zone Traffic Control Traffic Plans Freeway and Road Closures Products K-Rail — Concrete, Plastic, Water -Filled Light Towers Solar Arrow Boards Attenuator Trucks Permit Process K-Rail Installation Crash Cushion Installation Special Events Changeable Message Signs- Full-Size/Mini Crash Cushions Construction Area Signs and Fence Panels The Sign Division provides signage of all types Architectural — Interior/Exterior Building Face Lettering OSHA Magnetics for Vehicles Special Traffic Control Signs Channel Letters Fleet Graphics Regulatory and Warning Flagging Permanent Sign Installation Construction Sign Installation Barrier Systems Delineators, Cones, Barricades, Safety Products Crowd Control Barricades Warning & Airport Flags Building Signs Decals and Logos ADA/Braille Banners and Stencils Traffic Planning Our traffic plans are prepared by knowledgeable professional staff to scale and based upon the requirements set forth in the current California Manual on Uniform Traffic Control Devices (M.U.T.C.D.) and in accordance with the requirements of the local agency. If required, Statewide uses the service of a registered P.E. Civil Engineer to additionally review and stamp our plans. We also have available the services of a Certified Traffic Engineer who will prepare and stamp temporary traffic signal plans. Professional CAD drawn plans to scale, Site surveying. Our representatives will meet with you to determine you work zone, time, and safety requirements and develop a traffic plan that fits your needs. We can develop pre -bid traffic plan sets or develop traffic plan sets from existing construction plans. Permit Services Our Permit Services include: Plan submittals are sent directly to all agencies; We handle all approvals, revisions, paperwork, and fees. Our staff attends agency meetings to coordinate traffic control, design, and approval. We obtain all 3rd party signatures (if required) for approval of submitted plans for Fire and Safety Agencies. Statewide places customer service, as its highest priority and we pride ourselves on our quick response to all customer requests. We also offer EMERGENCY RESPONSE which includes coordinating with State, City and Local Agencies for implementation of traffic control following MAJOR INCIDENTS. STATEWIDE SAFETY SYSTEMS Project Team (Resumes attached to this Statement of Qualifications): - Kory Fivecoat (Branch Manager) Manages STSSI operations in our Garden Grove, California branch which services Los Angeles and Orange Counties of California. Projects, and personnel involved, under his management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. Kory Fivecoat will be one of the Statewide representatives to conduct the presentation, if invited for an interview - Mike Razo (Dispatcher / Project Manager) Dispatcher / Project Manager for STSSI Garden Grove, California which services Los Angeles and Orange Counties of California. Mike dispatches and coordinates labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. - Field Crews Our field personnel are certified perform traffic control to the current standards. We hire union labor for the local laborer's union. Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statevvidess.com Arizona / California / Colorado I/ Havvaii / Nevada / Mew Mexico / Oregon / Texas 11 Utah / Washington Si STATEWIDE SAFETY SYSTEMS Understandina of Need: Statewide understands that the safety of City of Santa Ana's crews and the public are a top priority for the City. We are committed to providing a safe work zone for all personnel involved and, with our experience and expertise, we will provide the highest standard of traffic control services to the City. Statewide personnel will carry themselves in a professional manner. Our 24hour on -call services will allow us to respond when notified by the City's Project Manager within 48 hours, for planned services, as well as within 2 hours, for emergency task orders. Our Santa Ana branch location is minutes from all locations within the limits of the City of Santa Ana. We have shown on the map to the right where our branch is positioned in relation to the City of Santa Ana city limits. Our proximity to possible work locations under this contract will insure a prompt and efficient response to traffic control requests from the City. Garden Grove ra v ;yen; cl �i-'a.0 t'y- '! ,. sw Yvide Sao• F Material and equipment required for traffic control work under this contract will be staged on trucks, ready to be dispatched with traffic control crews when task orders are initiated by the City's Project Manager. We understand that after hours work may require additional equipment and have this equipment on standby as well. Statewide vehicles will be clearly identified and fully equipped with all the necessary warning and flashing signs to fulfill the task order. Traffic Mounted attenuators will be used on major arterial streets As part of the contract requirements, Statewide will attend meetings with the City staff as required. We have extensive experience coordinate with regulatory agencies and will involve the respective agencies representatives on site, if necessary. If the situation arises where unrelated work is concurrently be performed on or near the work covered by this contract, Statewide will cooperate and coordinate as directed by the City. Our management and crews will monitor all traffic control setups to ensure proper functioning and repair damaged or missing traffic control as necessary. To provide our services at a professional level, Statewide has project management control procedures in place, that include project management plans, QA/QC plans, project schedule/invoicing procedures, and project correspondence procedures. Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 5 Main Street Ste. tOO IpAne, CA 92614 r' statewide5s-com Arizona I California ; Colorado Hawaii / Nevada ! New Mexico 1 Oregon ! Texas / Utah / Washmgton St STATEWIDE SAFETY SYSTEMS Financial Capacity and Availability: To Whom It.Iay Concern_ THE .4 HARTFORD Lauren Oppedisano 216-9864255 laoren.oppedisano u thehartford_com RE: Statewide Traffic Safety and Signs. Inc. dba Statewide Safety Systems Bondability Letter The Hartford, a corporation under the laws of the State of California, pith an office and place of business in Connecticut. represents Stateside Traffic Safety and Signs. Inc. dba Statewide Safety Sy item for surety bondw.- needs. At the present rime. Smteuide is in a position to consider single projects up to S5 NU ion wldmin an ag_eregate !mist of 525 Million. The statement of these rahmes is neither a comnttrruem nor a limitation of the bonding capacity of Statewide. At the request of Statewide. The Hartford will gme favorable consideration to providing the required performance and payment bonds. Please note that the decision to issue performance and payment bonds is a matter between Statewide and The Hartfor& and wW be subject to The Hartford's standard wtdemnli o at the time of the final bond request, which will include but not limited to the acceptabiliry of time contract doci nments. bond forms and fin-incmg. The Hartford assumes no liability to Statewide. thud parties. or to ECC if for any, reason The Hartford does not execute said bonds. If you have any questions or need any additional information. please do not hesitate to contact me. Sincerely. Lauren Oppedisano Constriction Bond Underwriter The Hartford The Hartford Bond Department 7100 E. Pleasant Valley Rd - Suite 200 Independence, Ohio 44131 We have included a list of past projects in our Relevant Project Experience / References section where we have reliably been able to respond to each agency's on -call and emergency needs. rraIiic Safet,,/ S' Sl Levvi !C_ S1' C`/ Sd5 2ii� I_0f) 5 -Main S r let Zr i1] JC;II r C�OC7C�'._ 2.;`V7il i �' V 1Ci !\I2iJi, -ia5 J'idll / r1f�5 it?Cj ?fl STATEWIDE SAFETY SYSTEMS Relevant Project Experience / References. List of projects and contracts Statewide currently has in place with and projects/contracts we have completed within last 5 years. This list includes significant work directly for public agencies and subcontract work in connection with public contracts. Project description On -Call Traffic Control Services (STSSI Job# 2T9246) Year completed: 2019 - 2021 Client name: City of Santa Ana Contact person: Kathia Reyes Phone number: (714) 647-3319 / KReyes2@santa-ana.org Project description: Year completed: Client name: Contact person: Phone number: On -Call Traffic Control Services (STSSI Job# 2T7102) 2017-2020 City of Newport Beach Anthony Nguyen (949) 644-3080 / anguyen@newportbeachca.gov Project description- On -Call Traffic Control Services (STSSI Job# 2T7064, 2T9317) Year completed: 2018-2019, 2020 — Current Contract Client name: County of Orange DPW Contact person: Alex Ortega Phone number: (714) 955-0342 / Alex.Orteaa _oc w.ocoov.com Project description On -Call Traffic Control — Fugro Project with Caltrans (STSSI Job# 2T8030) Year completed: 2018 — 2021 Client name: Fugro USA Land Inc. Contact person: Mathew Pollard Phone number: (213) 788-3500 / mpollard(d_)fugro.com Project description: Traffic Control —Valley Rinaldi & Valley Toluca, Reconductoring 1-5 & 1-710 (STSSI Job# 2T9037) Year completed: 2019 Client name: Los Angeles, Department of Water & Power Contact person: Keith McCabe Phone number: (213) 367-4789 / Keith. McCabe@ladwp.com Project description: Woolsey Hill Fire Debris Removal Project (STSSI Job# 2T9017) Year completed: 2019 Client name: Environmental Chemical Corp. (Owner: CA Offices of Emergency Services) Contact person: Barbara Growney Phone number: 201) 953-2790 / B rownev a ecc.net Additional project experience and agency references can be provided upon request. Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statewidess.com Arizona / California / Colorado / Haviaii / Nevada / New ^Mexico / Oregon / Texas % Utah / Washington Aws STATEWIDE SAFETY SYSTEMS E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 13. ROLE IN THIS CONT Branch Manager a. TOTAL I b. 13 1 13 15. FIRM NAME AND LOCATION (City and State) Statewide Traffic Safety and Signs, Inc. - Santa Ana Branch 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) A.S. Business Management I N/A 19. RELEVANT PROJECTS (2) YEAR COMPLETED •LOCATION TITLE Branch • _ PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm a. Manages Statewide operations in out or Santa Ana branch which services Los Angeles and Orange Counties of California. Projects under my management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. ■ • • • (2) YEAR COMPLETED • • • • • • PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2017-2020 b (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Branch Manager On -Call Traffic Control Contract (1) TITLE ■ LOCATION (City and (2 YEAR COMPLETED -■- • • California PROFESSIONAL SERVICES CONSTRUCTION (If applicable) County ofOrange N/A 2018-2019, 2020 — Current Contract c- (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Branch Manager On -Call Traffic Control Contract ■ • • (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2016 I (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Branch Manager Work included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and structures, and rentals & sales of traffic control and safety equipment. Project widened the 1-405 through the Sepulveda pass from 1-10 to US Route 101, and overall construction cost was >$1 billion. Statewide ortion of work was roughly S55 million. ■ • • • (2) YEAR COMPLETED ' - • ■ • • - • ROFESSIONAL SERVICES CONSTRUCTION (Ifapplicable) N/A 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm e. Branch Manager Work includes permanent roadside signs, PCBM's (permanent concrete barrier markers), and Class 1 Delineators. Overall construction valued at — $318 million-, Statewide subcontracted For — $119K. S'(a'O �vvideTraffic Saf;ery & Signs DBA. SC.at` 2 \dd Dd =211," _100 S Main S[Lree[—te, lali ''rvini , 1-9 92/b .1 5 ,3i2\'U!G255, Oi;1 'iN,2-vada + STATEWIDE SAFETY SYSTEMS E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 13. L2GLE IN THIS CONTRACT 14. YEAKb tAHt KItNL:t Dispatcher / Project Manager C. TOTAL d. WITH CURRENT FIRM 29 9 15. FIRM NAME AND LOCATION (City and State) Statewide Traffic Safety and Signs, Inc. — Santa Ana Branch 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) N/A I N/A ly. KtLtVANI t MUJCL. 0 (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm a Dispatcher / Project Manager for Statewide out or Santa Ana branch which services Los Angeles and Orange Counties of California. Dispatch and coordinate labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (Ifapplicable) N/A 2017-2020 b (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc,) AND SPECIFIC ROLE ®Check if project performed with current firm Dispatcher / Project Manager On -Call Traffic Control Contract YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2018-2019, 2020 — Current Contract c• (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Dispatcher / Project Manager On -Call Traffic Control Contract (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(Ifapplicable) N/A 2016 (3) BRIEF DESCRIPTION (Briefscope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Dispatcher / Project Manager Work included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and structures, and rentals & sales of traffic control and safety equipment. Project widened the 1-405 through the Sepulveda pass from 1-10 to US Route 101, and overall construction cost was >$1 billion. Statewide portion of work was roughly $55 million. (2) YEAR COMPLETED 4L SERVICES CONSTRUCTION (If applicable) N/A 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm e. Dispatcher / Project Manager Work includes permanent roadside signs, PCBM's (permanent concrete barrier markers), and Class 1 Delineators. Overall construction valued at — $318 million; Statewide subcontracted for — $119K. j[di✓��iil(�� Ti"� i.. �ci. l`� & �lil,"i� (�;=fi Jr�!.��/\li�i �rl •: __ni ;J \�c�_�!?�� !_ 1 QI, S Main ' ;"EE St'. 1U0 _rkA ieC (_`,4 '?26 1_' Pavia: IZev,--,llc '_.'eg'OI'I <.aS i %rail STATEWIDE SAFETY SYSTEMS SCOPE OF SERVICES AND SCHEDULE Statewide has the experience, expertise and has worked with multiple city agencies throughout California to provide the Traffic Control Services as outlined in this RFP's Attachment 1, Scope of Services. Work categories we are fully capable of providing our services for under this contract will include: - PSMS Citywide Measure Campaign - Work Area Traffic Control Setup - Job Site Flagging - Lane Closures - Sidewalk Closures - Road Closures - Vehicle, Bicycle and Pedestrian Detours - Special Event and Traffic Control - Maintenance of Traffic Control zone - Professional Engineering Traffic Plans (for specific tasks orders) Our relevant project experience and references on the previous page of this SOQ are a few examples of our qualifications to perform the traffic control services on this contract. We have many more projects and clients not listed that we also support our experience and expertise in traffic control services. Our management and crews will perform traffic control services in accordance with the follow provisions and guidelines outlines in the latest editions of the MUTCD, WATCH, ASSHTO, Caltrans Standards, ADA, SAMC, and standards established by the City and Federal, State and local guidelines established in the project. Our experience also includes past and present contracts which have required similar response times as this contract. For this contract, we will be able to provide the minimum 48-hour response for planned services and the 2-hour response for emergency tasks orders. STSSI has demonstrated in this proposal that we have the expertise, experience, and the resources available to perform the required professional traffic control services required under this RFP. Statev,iide Traffic Safety & Signs DBA Statevvide Safety Systems 1100 S (Main Street Ste. 100 Irvine; CA 92614 / statewidess._om Arizona % California / Colorado / Hawaii / Nevada / New Mexico / Oregon / Texas 1 Utah / Washington 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 l l Lit making a false certification may subject the certifier to criminal prosecution. z Signed State of Cali o is _ County of � Su scribed and sworn to (or affirmed) before me on this �f day of RVL 1 , by proved to me on the basis of satisfactory evidence to be the person( who appeared before me. MARYANNE SEIDL NotaryPublic California -V- Orange County I, Commission 92237280 x �-� My Comm, Expires Apr 19, 2022 Notary P lie SignatuW Notary Public Seal City of Santa Ana RFP 21-120 Page A3-1 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANfA ANA ) Marty Breen , 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.. Secretary / Treasurer 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 or person. Signature of CONTRACTOR Subr'libe nd sworn to before me this day of G�IW t/20 IP Signat re of officer Administering Oath (Notary Public) MARYANNE SEIDL i Notary Public - California _ Gian;e Couity Commission .. 2237280 My Comm. Expires Apr 19, 2022 City of Santa Ana RFP 21-120 Page A3-7 EXHIBIT C STATEWIDE SAFETY SYSTEMS DIR PW REG#1000001109 EXP. 6/30/2022 Proposal/Quote Statewide - Garden Grove License # 975518 2722 South Fairview Street Santa Ana, CA 92704 Ph (714) 468-1919 Fax (562) 272-6857 BID DATE: 11/30/21 CONTRACT INFO ON -CALL TRAFFIC CONTROL SERVICES RFP NO. 21-120 PROPOSAL:126974 ESTIMATOR Kellen Blohm CLIENT: EST PROJECT: ESTIMATING DEPARTMENT ON -CALL TRAFFIC CONTROL SERVICES RFP NO. 21-120 SANTA ANA, CA ITEM # DESCRIPTION QUANTITY PRICE AMOUNT Proposal General Notes: THIS PROPOSAL AND ATTACHED PROVISIONS MUST BECOME A BINDING PART OF ANY SUBCONTRACT TRAFFIC CONTROL SERVICES SPECIFICATIONS: 1 TECH, 1 TC TRUCK, 1 FLASHING ARROW BOARD -Includes TC equipment for (1) lane closure 1 TC TECH 1 TC TRUCK -See attached rate sheet for equipment rental rates. OVERTIME DOUBLETIME SATURDAY closures SUNDAY / HOLIDAY closures +++ 4-HOUR MINIMUM SHIFT CHARGE PER MOBILIZATION +++ +++ ALL RATES LISTED ABOVE ARE PREVAILING WAGE +++ +++ ALL RATES LISTED ABOVE ARE PORTAL-TO-PORTAL +++ $145.00/HR $105.00/HR $25.00/HR $130.00/8-12 HRS/MAN $160.00/HR over 12 HR/MAN $130 00/HR/MAN $160.00/H R/MAN - For more extensive closures or for a more detailed breakdown of rates, additional pricing or quotes can be made available upon request on a case -by -case basis. - Each Traffic Tech must be provided a 30 minute meal period. Missed meal periods will be billed at $60.00 per Traffic Tech NO RETENTION HELD FOR TRAFFIC CONTROL. TRAFFIC CONTROL PLAN SPECIFICATIONS: WITH ENGINEER STAMP $900.00/PER PAGE WITHOUT ENGINEER STAMP $500.00/PER PAGE DOES NOT INCLUDE TEMPORARY STRIPING OR K-RAIL CONTRACT INFO Proposal/Quote Page 2 ON -CALL TRAFFIC CONTROL 126974 11/23/21 SERVICES RFP NO. 21-120 ITEM # DESCRIPTION QUANTITY PRICE AMOUNT PROPOSAL PROVISIONS SPECIFICATIONS: - A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE- 100%, NET 30 unless otherwise agreed upon. - Unless stated on the quote, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, Inc's quoted pricing - Lump sum items are based on "working days" listed in the Special Provisions or working days bid for this project. Additional compensation (standard rental rates) will be applied if working days are exceeded. - Standards for 5 day work shift must be established IN WRITING prior to Statewide Traffic Safety and Signs, Inc. starting work on the project. - Rental equipment furnished and installed by Statewide Traffic Safety and Signs, Inc. may not be moved by anyone other than Statewide Traffic Safety and Signs, Inc. without prior approval - Traffic Control not included in installation, removal, or repair of any item. Stand-by time charged at $175.00/hr -Portable equipment will be delivered and picked up from one location. Contractor to maintain. Contractor is liable for loss and or damaged equipment. Barricades do not include flashing lights or sign panels unless otherwise noted. Pallets are not included with crash cushions. - Contractor is liable for lost or damaged equipment removed or relocated by Contractor's forces. - Statewide Traffic Safety and Signs, Inc. does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning. - Statewide Traffic Safety and Signs, Inc. shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc liability and not that of anyone else. Statewide Traffic Safety and Signs, Inc. maintains insurance coverage for their work hereunder, including $2,000,000.00 Products- Comp/OP Agg and a 10/93 Additional Insured Endorsement. - If there are any issues or concerns regarding Statewide Traffic Safety and Signs, Inc products or work, Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. first opportunity to correct any such problems. - All change order work must be approved by agency / owner prior to work being performed by Statewide Traffic Safety and Signs, Inc. - Acceptance of this quote is acceptance of these provisions, which shall prevail if in conflict with any other documents. - No retention is to be held on Traffic Control and Equipment Rental. 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