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HomeMy WebLinkAboutItem 22 - On -Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair ServicesPublic Works Agency www.santa-ana.org/public-works Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 21, 2024 TOPIC: On -Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services AGENDA TITLE Agreements with Mike Prlich & Sons, Inc., J&L Constructors, Inc., and PALP, Inc. dba Excel Paving Company for On -Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Mike Prlich & Sons, Inc., J&L Constructors, Inc., and PALP, Inc. dba Excel Paving Company to provide on -call emergency asphalt concrete, concrete, and storm drain repair services for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning May 21, 2024 and expiring on May 20, 2027, with the provision for one two-year extension (Core Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On January 9, 2024, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-182 to select three consultants to provide on -call emergency asphalt concrete, concrete, and storm drain repair services on an as -needed, Task -Order basis (Exhibit 1). The City has staff to perform general maintenance but contractors are required for more extensive repairs. These services will provide the City capacity to perform emergency roadway and storm drain repair water services in the event of system failures. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with electronic proposals due on January 30, 2024. Six responsive proposals were received and evaluated by a selection committee composed of PWA staff and, based on criteria outlined in the RFP, the top three contractors are recommended for award. The following table summarizes the responding firms and their rankings: Firm Location Rank Mike Prlich & Sons, Inc. Baldwin Park, CA 1 J&L Constructors, Inc. Huntington Beach, CA 2 On -Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services May 21, 2024 Page 2 Firm Location Rank Excel Paving Company Long Beach, CA 3 Based upon the scope of work and selection criteria outlined in RFP 23-182, staff recommends awarding on -call agreements to the top three responding construction firms, allowing the firms to bid on future engineering task orders (Exhibits 2-4). Mike Prlich & Sons, Inc., J&L Constructors, Inc., and Excel Paving Company submitted proposals illustrating their extensive industry experience and ability to assist City staff with emergency repair services. Their proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. Their rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the selected proposals were determined to provide the best value for the City. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $3,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services -Professional accounts: City Facilities License Agreement 01117605-62300 Construction Engineering 01117611-62300 Traffic and Transportation Engineering 01117620-62300 Traffic Signal Maintenance 02917620-62300 Capital Recovery Charges 05417647-62300 Sanitary Connection Projects 05517660-62300 Sanitary Sewer Service 05617640-62300 Federal Clean Water Protection Enterprise 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 On -Call Emergency Asphalt Concrete, Concrete, and Storm Drain Repair Services May 21, 2024 Page 3 Water Utility Capital Projects 06617647-66301 CIP Engineering 08617613-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 Other Project Funding Not Listed Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance 02917660-62300 PWA Right of Way 01117622-62300 Parking Enterprise Fund 02718132-62300 CDBG Parking Lot Renovation Grant 13518783-66220 Downtown Improvements Initiative 41818834-62300 EXHIBIT(S) 1. RFP #23-182: On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services 2. Agreement with Mike Prlich & Sons, Inc. 3. Agreement with J&L Constructors, Inc. 4. Agreement with Excel Paving Company Submitted By: Nabil Saba, P. E. Executive Director — Public Works Agency Approved By: Alvaro Nunez, Acting City Manager EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 23-182 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-22 Santa Ana, CA 92701 Edward Torres Project Manager (714) 647-5018 Office etorres(a-)santa-aua.org for Release: Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: January 9, 2024 Deadline for Requests for Information: January 23, 2024 Proposal Due Date: January 30, 2024 Projected Award Date (Anticipated): April 2, 2024 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than January 30, 2024 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 EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.23-182 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Edward Torres Public Works Agency; M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the I'floor of Ross Annex across from the Public Works Counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.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 23-182 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. FEE PROPOSAL 3. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 10 VI. IMPLEMENTATION 11 A. NOTICE TO PROCEED VIL PUBLIC RECORDS VIII. APPENDIX 11 ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: CITY OF SANTA ANA STANDARD PLANS ATTACHMENT 5: FEE SCHEDULE (UNDER SEPARATE SEALED COVER) City of Santa Ana RFP 23-182 Page 3 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking qualified construction companies to be ON -CALL using a Task Order process to provide on -call and/or emergency services to augment the City's capacity to restore pavement, sidewalk, curb and gutter, grading, underground, and/or storm drain systems and structures in the event of failures or other urgent tasks within the public right of way. The City intends to enter into on -call agreements with three (3) selected contractors in the total aggregate amount not to exceed $3,000,000. The City will solicit quotes from the selected contractors for work on an as -needed, Task -Order basis. Any approved Task Orders will be based upon each contractor's schedule of hourly billing rates provided with their proposal submittal and on time and materials (or lump sum basis) as appropriate per Task Order issued. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each firm, 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 and forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating: The criteria for evaluating the RFP submitted will take the following items into consideration: • Firm/Team Experience 30% • Understanding of Need 30% • Relevant Project Experience 30% • References 10% 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 of Santa Ana RFP 23-182 Page 4 City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding_ Funding 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. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Term of Contract Agreement: The City desires to enter into a contract with the selected companies for an initial three (3) year term with a City option for one (1) two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. City of Santa Ana RFP 23-182 Page 5 II. 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 https://www.planetbids.com/portal/portal.cfm?CompaulD=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 23-182 Page 6 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 City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 23-182 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and si ng ature 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 I. STATEMENT OF OUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work. The project manager/principal agent shall be the primary contact person to represent your firm and include any relevant on -call or emergency contracts with other local agencies. d. Understanding of Need: City of Santa Ana RFP 23-182 Page 8 Proposal shall include an outline which demonstrates the firm's understanding of the scope of services and relevant experience performing relative tasks. 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. e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, 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. 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 firm'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, and as outlined in Attachment 5: Fee Schedule. Fees are NOT included as part of evaluation criteria. 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. 3. CERTIFICATIONS: The following forms, included in Attachment 3: Certifications shall be signed and included as part of the proposal submittal package: • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Contractor's Licensing and Registration Statement City of Santa Ana RFP 23-182 Page 9 IV. V. • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -Contractors (If Included) • References • Statement Regarding Apprenticeship Requirements • Statement Regarding "Anti -Kickback" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements PROPOSAL REVIEW (CONSULTANT 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. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award contracts to the three top-ranking proposers that will provide the best quality and value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. "Proposer" will hereinafter be referred to as "Contractor" in the standard agreement. The term of the agreement will begin after the agreement is full executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved. City of Santa Ana RFP 23-182 Page 10 VI. IMPLEMENTATION A. 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. VIL 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 23-182 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES RFP NO.23-182 INTRODUCTION/BACKGROUND The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, street lighting and/or electrical conduit installation, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK On an on -call, as needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, street lighting, electrical conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." City of Santa Ana RFP 23-182 Page Al-1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I "Nature of Work." Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way related work are, respectively: Sample Task Order A — Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb & Gutter (Type A-2-8 100 LF 6 Si ning & Srtiping 1 LS 7 Traffic Control Work 1 LS Sample Task Order B — Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 PCC Sidewalk T=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb & Gutter (Type A-2-8 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Furnished Grade 5 EA 7 Catch Basin (Type `B", W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 83 Caltrans 50 LF 13 Traffic Control Work 1 LS City of Santa Ana RFP 23-182 Page Al-2 Sample Task Order C — Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Remove & Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove & Replace 18" Reinforced Concrete Pie RCP 75 LF 5 Remove & Replace 30" Reinforced Concrete Pie RCP 75 LF 6 Catch Basin (Type "B", W=10' 1 EA 7 Traffic Control Work 1 LS Sample Task Order D — Street Lighting Description Qty Unit Unit Price Total Furnish and Install Streetfi ht Pole 10 EA Remove Existing Wooden Pole 5 EA Remove Existing Steel Pole 5 EA Install Electrical Meter Pedestal 1 EA Install 2" PVC Conduit 4000 LF Install No. 5 Pull Box 3 EA Pothole Street Light Pole Location 10 EA Traffic Control Work l LS SURETY BOND For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety "Payment" and "Performance" bonds in the amounts specified by the "Greenbook" and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved on - call or emergency Task Order which will be based upon the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. The cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. The deposit amount will be determined based upon the surface drainage and street improvement plans. City of Santa Ana RFP 23-182 Page Al-3 CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. SUBCONTRACTORS Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. City of Santa Ana RFP 23-182 Page Al-4 PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically, in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B, C, & D): The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to the "Greenbook "Standard Specifications for Public Works Construction, 2018 Edition. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. City of Santa Ana RFP 23-182 Page Al-5 Sample Task Order A Items of Work Item No. I - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-6 Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-7 Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of saw -cutting, removing, grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. The area included in this bid item shall be measured from the gutter lip to the back of walk, from BCR to ECR. Item No. 4 - PCC Curb & Gutter (A-2-8) City of Santa Ana RFP 23-182 Page Al-8 The work under this item consists of grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type `B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-9 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11 — Remove and Replace Chain Link R/W Fence City of Santa Ana RFP 23-182 Page Al-10 The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-11 Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. City of Santa Ana RFP 23-182 Page Al-12 Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type `B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-13 Sample Task Order D Items of Work Item No. 1— Furnish and Install Streetlight Pole This work consists of furnishing and installing Ameron 4B 127 Street Light Pole including foundation, 2" PVC (stub out) conduits, Grout cap, 8' Clamp -On Arm Assembly, Overhead Pin & Insulator, LED Luminaire, 8-8 Bard Duplex Aluminum Conductor wiring, and any other work required to provide the intended operation at the locations shown on the project plans per City of Santa Ana Special Provisions and Standard Plans 1126H-3 and 1126H-2 and 1104. The unit price for each Street Light Pole shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, landscape repair, turf repair, hardscape repair, irrigation repair, root shaving, tree trimming, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 2 — Remove Existing Wooden Pole This work consists of removing and discarding Street Light Pole including luminaire arm, existing overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer. The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore. Item No. 3 — Remove Existing Steel Pole This work consists of removing and discarding Street Light Pole including foundation, luminaire arm, overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer. The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore. Item No. 4 — Install Electrical Meter Pedestal This work consists of furnishing and installing Electrical Meter Pedestal including foundation, circuit breakers, photocell, contactors, conduits, wiring, SCE coordination, electrical permit and any other work required to provide the intended operation at the location required per City of Santa Ana Special Provisions, Standard Plan 1126M and any approved Southern California Edison Design Plans. City of Santa Ana RFP 23-182 Page Al-14 The unit price for each Install Electrical Meter Pedestal shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 5 — Install 211 PVC Conduit This work consists of furnishing and installing Polyvinylchloride (PVC) street lighting conduit including pull tape, ground wire, fittings, duct seal, utility potholing, concrete or asphalt restoration and appurtenances complete and in place, of the size indicated on the plans. The unit price bid per linear foot of PVC Conduit shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and/or trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement, striping and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 6 — Install No. 5 Pull Box This work consists of furnishing and installing and/or replacing pull box including Concrete Lid, the removal and/or modification of any interfering portions of existing pull box, conduit, PCC, concrete and asphalt restoration, as indicated on plans and directed by the Engineer. The unit price for each Pull Box shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 7 — Pothole Street Light Pole Location Payment for Pothole Street Light Pole Location shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 8 — Traffic Control Work The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. City of Santa Ana RFP 23-182 Page Al-15 Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-16 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES RFP NO.23-182 THIS AGREEMENT is made and entered into on this day of , 2024 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 Consultant having special skill and knowledge in the field of - On -Call Emergency services for a variety of projects on an "on -call" or "task order" basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: Page 1 of 10 City of Santa Ana RFP 23-182 Page A2 - 1 1. SCOPE OF SERVICES Consultant 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 agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $3,000,000 during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City has the right and shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1), two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Page 2 of 10 City of Santa Ana RFP 23-182 Page A2 - 2 Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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. Page 3 of 10 City of Santa Ana RFP 23-182 Page A2 - 3 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 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. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Page 4 of 10 City of Santa Ana RFP 23-182 Page A2 - 4 Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. 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 Entity. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Page 5 of 10 City of Santa Ana RFP 23-182 Page A2 - 5 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 Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Page 6 of 10 City of Santa Ana RFP 23-182 Page A2 - 6 Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Page 7 of 10 City of Santa Ana RFP 23-182 Page A2 - 7 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 8 of 10 City of Santa Ana RFP 23-182 Page A2 - 8 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant 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. 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. Page 9 of 10 City of Santa Ana RFP 23-182 Page A2 - 9 b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney WE Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Tom Hatch Interim City Manager CONSULTANT: (name) (title) Page., of IO City of Santa Ana RFP 23-182 Page A2 - 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 23-182 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 23-182 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: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 23-182 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 23-182 Page A3-4 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 23-182 Page A3-5 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BIDDER Title (if an individual, so state) City of Santa Ana RFP 23-182 Page A3-6 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 Bidder Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) 20 City of Santa Ana RFP 23-182 Page A3-7 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the 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: %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). BIDDER 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 $ 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 23-182 Page A3-8 REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER 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, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. City of Santa Ana RFP 23-182 Page A3-9 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or 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, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. City of Santa Ana RFP 23-182 Page A3-10 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER 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: Title: Firm: Date: City of Santa Ana RFP 23-182 Page A3-11 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 23-182 Page A3-12 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from 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 23-182 Page A3-13 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, 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 June 6, 2023. The undersigned BIDDER 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, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: Firm: Date: City of Santa Ana RFP 23-182 Page A3-14 Appendix ATTACHMENT 4 of Santa Ana Standard Plans Standard Plans https://www.santa-ana.or_/g_en ing eering-standards-and-plans/ City of Santa Ana RFP 23-182 Page A4-1 Appendix ATTACHMENT 5 FEESCHEDULE (UNDER SEPARATE SEALED COVER) City of Santa Ana RFP 23-182 Page A5-1 MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez January 23, 2024 ADDENDUM No. ONE CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza . P.O- Box 1988 Santa Ana, California 92702 www.santa-ana.or SUBJECT: RFP NO. 23-182 ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES INTERIM CITY MANAGER Tom Hatch CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall The following changes/clarifications have been made to the submittal requirements of the subject RFP: 1. II. INSTRUCTIONS TO PROPOSERS Add Item K. CARB COMPLIANCE (Pape 8): 2. APPENDIX: Attachment 3: Certification Add Attachment 3-4: Fleet Compliance Certification (Page A3-5 3. NOTICE INVITING PROPOSALS Extend RFP Proposal Due Date To 02/13/2024 (Page 2 This addendum includes Four pages (including this one). ALL OTHER ITEMS REMAINING FOR THE CITY OF SANTA ANA Rodolfo Rosas Deputy Public Works Director/City Engineer SANTA ANA CITY COUNCIL Valerie Amezcua ThaE Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tern, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 VamezcuaA.S2 Fa•ana.om tohan5santa-ana.org bvazguez(glsanta-ana.orq iessielooez"agnta-aa.org pbacerrW8sarta-ana.oro irvanhemande70santa-ana.ora dpenaloza@santa-ana.org K. CARB COMPLIANCE The California Air Resources Board ("CARB") implemented amendments to the In -Use Off - Road Diesel -Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa- l .pdf Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non -responsive. 1. Instructions to Bidders: The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance ("CRC") for the Bidder's fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non -responsive. 2. General Conditions: Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. City of Santa Ana RFP 23-182 Page 8 Appendix ATTACHMENT 3-4: FLEET COMPLIANCE CERTIFICATION CERTIFICATIONS Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: ❑ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449. 1 (f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ❑ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). ❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder: Signature: Name: Title: Date: City of Santa Ana RFP 23-182 Page A3-5 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than February 113, 20241 at 2:00 pax. 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 EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.23-182 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Edward Torres Public Works Agency; M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the Isr floor of Ross Annex across from the Public Works Counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.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 23-182 Page 2 EXHIBIT 2 CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIKE PRLICH & SONS, INC. FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES THIS AGREEMENT is made and entered into on this 2 1 " day of May, 2024 by and between Mike Prlich & Sons, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 9, 2024, the City issued Request for Proposal ("RFP") No. 23-182, by which it sought to retain a Contractor having special skill and knowledge in the field of on -call emergency asphalt concrete, concreate and storm drain repair services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 23-182. 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 herein, and as further described in Contractor's Proposal - Exhibit B, attached hereto and incorporated herein. FJ 103aI9-;f.YWIRI 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 Contractor's Fee Proposal, which is attached Hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. ° Contractor is one of three (3) separate contractors selected to provide services on an on -call basis under RFP 23-182. The total compensation for services provided by all contractors selected under RFP 23-182 shall not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 end on May 20, 2027, with the option for the City to grant up to one (1), two (2) year extension, 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. 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. 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 Page 2 of 10 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with 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. 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 limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the 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. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following 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 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 Page 3 of 10 10 1 ] 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation. 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. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 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. 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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 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 there. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on 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 Page 4 of 10 personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 5 of 10 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 ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT .Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Page 6 of 10 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 10 To City: City Clerk 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: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Contractor: Mike Prlich Mike Prlich & Sons, Inc. 5103 Elton Street Baldwin Park, CA 91706 Fax: 626-813--1770 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any Page 8of10 other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 22. 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. [signatures on following page] Page 9of10 SIGNATURE PAGE TO CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIKE PRLICH & SONS, INC. FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney B onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: By: MICHAEL A. PRLICH Title: PRESIDENT Page 10 of 10 EXHIBIT 3 CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND J & L CONSTRUCTORS INC. FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES THIS AGREEMENT is made and entered into on this 21' day of May, 2024 by and between J&L Constructors, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 9, 2024, the City issued Request for Proposal ("RFP") No. 23-182, by which it sought to retain a Contractor having special skill and knowledge in the field of on -call emergency asphalt concrete, concreate and storm drain repair services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 23-182. 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 herein, and as further described in Contractor's Proposal - Exhibit B, attached hereto and incorporated herein. 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 Contractor's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Contractor is one of three (3) separate contractors selected to provide services on an on -call basis under RFP 23-182. The total compensation for services provided by all contractors selected under RFP 23-182 shall not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 end on May 20, 2027, with the option for the City to grant up to one (1), two (2) year extension, 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 Page 2 of 10 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with 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. • 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 limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the 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. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following 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 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 Page 3 of 10 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation. 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. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 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. 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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 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. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on 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 Page 4 of 10 personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 5 of 10 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Page 6 of 10 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 10 To City: City Clerk 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: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Contractor: Bryson Miller J & L Constructors Inc. 80 Huntington Street Huntington Beach, CA 92648 Email: Bryson@jandlcon.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any Page 8of10 other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 22. 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. [signatures on following page] Page 9 of 10 SIGNATURE PAGE TO CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND J & L CONSTRUCTORS INC. FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: Z00 By: Title: Owner/President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN SERVICES RFP NO.23-182 INTRODUCTION/BACKGROUND The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, street lighting and/or electrical conduit installation, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK On an on -call, as needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, street lighting, electrical conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." City of Santa Ana RFP 23-182 Page Al-1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I "Nature of Work." Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way related work are, respectively: Sample Task Order A — Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb & Gutter (Type A-2-8 100 LF 6 Si ning & Srtiping 1 LS 7 Traffic Control Work 1 LS Sample Task Order B — Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 PCC Sidewalk T=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb & Gutter (Type A-2-8 100 LF 5 Furnish and Install #6 Pullbox 4 EA 6 Adjust Manhole to Furnished Grade 5 EA 7 Catch Basin (Type `B", W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 83 Caltrans 50 LF 13 Traffic Control Work 1 LS City of Santa Ana RFP 23-182 Page Al-2 Sample Task Order C — Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Remove & Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove & Replace 18" Reinforced Concrete Pie RCP 75 LF 5 Remove & Replace 30" Reinforced Concrete Pie RCP 75 LF 6 Catch Basin (Type "B", W=10' 1 EA 7 Traffic Control Work 1 LS Sample Task Order D — Street Lighting Description Qty Unit Unit Price Total Furnish and Install Streetfi ht Pole 10 EA Remove Existing Wooden Pole 5 EA Remove Existing Steel Pole 5 EA Install Electrical Meter Pedestal 1 EA Install 2" PVC Conduit 4000 LF Install No. 5 Pull Box 3 EA Pothole Street Light Pole Location 10 EA Traffic Control Work l LS SURETY BOND For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety "Payment" and "Performance" bonds in the amounts specified by the "Greenbook" and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved on - call or emergency Task Order which will be based upon the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. The cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. The deposit amount will be determined based upon the surface drainage and street improvement plans. City of Santa Ana RFP 23-182 Page Al-3 CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. SUBCONTRACTORS Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. City of Santa Ana RFP 23-182 Page Al-4 PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically, in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B, C, & D): The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to the "Greenbook "Standard Specifications for Public Works Construction, 2018 Edition. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. City of Santa Ana RFP 23-182 Page Al-5 Sample Task Order A Items of Work Item No. I - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-6 Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-7 Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of saw -cutting, removing, grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. The area included in this bid item shall be measured from the gutter lip to the back of walk, from BCR to ECR. Item No. 4 - PCC Curb & Gutter (A-2-8) City of Santa Ana RFP 23-182 Page Al-8 The work under this item consists of grading, compacting subgrade, constructing 12" wide by 12" deep AC Hot Mix on compacted subgrade, and constructing PCC Curb & Gutter (outside of the curb ramp footprint, beyond the BCR or ECR) in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type "B," W=101) The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type `B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-9 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11 — Remove and Replace Chain Link R/W Fence City of Santa Ana RFP 23-182 Page Al-10 The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-11 Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. City of Santa Ana RFP 23-182 Page Al-12 Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type `B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-13 Sample Task Order D Items of Work Item No. 1— Furnish and Install Streetlight Pole This work consists of furnishing and installing Ameron 4B 127 Street Light Pole including foundation, 2" PVC (stub out) conduits, Grout cap, 8' Clamp -On Arm Assembly, Overhead Pin & Insulator, LED Luminaire, 8-8 Bard Duplex Aluminum Conductor wiring, and any other work required to provide the intended operation at the locations shown on the project plans per City of Santa Ana Special Provisions and Standard Plans 1126H-3 and 1126H-2 and 1104. The unit price for each Street Light Pole shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, landscape repair, turf repair, hardscape repair, irrigation repair, root shaving, tree trimming, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 2 — Remove Existing Wooden Pole This work consists of removing and discarding Street Light Pole including luminaire arm, existing overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer. The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore. Item No. 3 — Remove Existing Steel Pole This work consists of removing and discarding Street Light Pole including foundation, luminaire arm, overhead wiring, and any other appurtenances. Salvage equipment as directed by Engineer. The unit price for each removed Street Light Pole shall be considered full compensation for all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, turf repair, hardscape repair, irrigation repair, sidewalk restoration, and appurtenances for all related items of work necessary for the removal. No additional compensation will be allowed therefore. Item No. 4 — Install Electrical Meter Pedestal This work consists of furnishing and installing Electrical Meter Pedestal including foundation, circuit breakers, photocell, contactors, conduits, wiring, SCE coordination, electrical permit and any other work required to provide the intended operation at the location required per City of Santa Ana Special Provisions, Standard Plan 1126M and any approved Southern California Edison Design Plans. City of Santa Ana RFP 23-182 Page Al-14 The unit price for each Install Electrical Meter Pedestal shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 5 — Install 211 PVC Conduit This work consists of furnishing and installing Polyvinylchloride (PVC) street lighting conduit including pull tape, ground wire, fittings, duct seal, utility potholing, concrete or asphalt restoration and appurtenances complete and in place, of the size indicated on the plans. The unit price bid per linear foot of PVC Conduit shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and/or trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement, striping and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 6 — Install No. 5 Pull Box This work consists of furnishing and installing and/or replacing pull box including Concrete Lid, the removal and/or modification of any interfering portions of existing pull box, conduit, PCC, concrete and asphalt restoration, as indicated on plans and directed by the Engineer. The unit price for each Pull Box shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 7 — Pothole Street Light Pole Location Payment for Pothole Street Light Pole Location shall be considered full compensation for furnishing all labor, materials, tools, equipment, removals, excavation, paving, landscape repair, irrigation repair, root shaving, sidewalk restoration, pothole and trench backfill per City Std. Plan 1150, permanent asphalt replacement, permanent PCC replacement and appurtenances for all related items of work necessary for the installation. No additional compensation will be allowed therefore. Item No. 8 — Traffic Control Work The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. City of Santa Ana RFP 23-182 Page Al-15 Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 23-182 Page Al-16 EXHIBIT B CONTRACTOR'S PROPOSAL �PO GINEER\ z' 0 J&L Constructors Inc. Intends to perform the services described in this RFP and confirms that all elements of the RFP have been reviewed and understood. J&L Constructors has been in business for over 11 years since its inception in 2012. As a company we specialize in the service, installation and repair of underground utilities and concrete work of all kinds. J&L holds an A, B, C-20, C-53 and a HAZ license for just about any project we get our hands on. We are bonded for work up to 10 Million dollars and we hold a 7 Million dollar excess liability policy for general liability insurance. Bryson Miller (714) 931-9367 ext. 2 will be our single point of contact for the RFP process. Statement of Understanding and Approach Methodology J&L Constructors Inc. understands the scope of services described in this RFP. Our general approach to addressing repair or services begins with assisting the city in responding to the call. We will respond within 30 min of the call/text and mobilize within one hour for emergency calls. Depending on the scale of the proposed service and repair work we will mobilize within 24 hours for non emergency calls. With locations in OC, IE and Riverside County we can make this possible. Our organization will perform its due diligence of investigations, pictures, real time proposals and any other means necessary for timely and accurate repairs. Please refer to our Contractor Personnel section to fully understand what we are capable of when fully staffed. Preliminary investigations, due diligence and research will consist of the following. 1- address the scope of work 2- perform due diligence of taking onsite photos, camera footage and measurements, shooting grades, shooting flow line, ODing pipe ect. 3- compose accurate proposal for services rendered if required 4- assess materials procurement and or stock supply to be utilized. 5- have jobsite safety meeting 6- repair and or service affected area per spec and design. 7- bring all areas to original or better condition 8- cleanup and demob Scope we are experienced with includes the following. Installing, abandoning, relocating, extending, evaluating damages, testing, restoring water service, rehabilitation, repair and replacement of water system components such as: • Waterlines sizing from 4" to 48" in diameter • Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement (ACP), Polyvinyl Chloride, and Steel piping • Valves of various types and sizes, typically six to twelve (6 to 12) inches, but up 48- inches • Services ranging from 1" to 8" in diameter • Meters, boxes vaults and substructures of various sizes • Backflow devices of various sizes • Pressure reducing, sustaining, relieving valves of various sizes • Welding steel pipe and steel components • Vaults of various sizes • Fire connections of various sizes Installing, abandoning, relocating, extending, evaluating damages, testing, restoring service, rehabilitating, lining, repair and replacement of wastewater/sewer system components such as: • Gravity sewer mains pipes including VCP, PVC, AC and lined steel pipe varying in size from 4" to 18" • Force mains sizing from 4" to 12" in diameter • Laterals of 4" to 8" (four to eight inch) • Clean -outs • Vaults/wet wells • Valves of various sizes • Manholes Installing, abandoning, relocating, extending, evaluating damages, testing, rehabilitation, repair and replacement of storm drain and tide valve components such as: • Storm drain piping, including RCP, PVC, AC pipes • Junction Structures • Catch basins • Tide valves and structures • Manholes MISCELLANEOUS: • Excavations and trenching of various depths and sizes • Dewatering • Grading • Disposal of excess materials and spoils • Hauling of material (for backfilling and grading) • Backfill and compaction. • Roadway, alleyway, and sidewalk repairs (asphalt and concrete) • Welding on pipe or structures Contractor Information Main Office: 80 Huntington Street SPC 706 Huntington Beach, CA 92648 (714) 931-9367 ext 2 office (714) 955-3716 cell Bryson(@_jandIcon.com Branch Locations: 29104 Basswood Lake Elsinore, CA 92530 www.iandIcon.com 21 Cuddington Ln Lynchburg, VA 24501 J&L Constructors Inc. Is an S-Corp entity. We have had no claims, litigation, mediation, and or non compliance issues for the past 11 years for any Public Contracts. Current Services Contract City of Riverside 3 year Service Contract Contact Maria Guerroro 909-522-2829 MGuerrero@riversideca.org Emergency and Non Emergency Response Contract $2,500,000 3 year term with renewal option. Contractor Personnel Experience and References Qualifications & Experience Document This document should include an assortment of major projects, groups of projects and key skill sets relevant to Civil Infrastructure Installation Services for each of the last three years. Each project reference should include: client/project name, work duration/date, work description. J & L Constructors Inc. DUNS # 080696390 DIR #1000056885 EPA # P11 F9A346000E2E61 Single Check Replacement Project Phase 2 & 3 (2021-2022) Lake Elsinore Valley Municipal Water District (EVMWD) 1 year total project ($1.4 Million) Installation of 41 DCDA's throughout the city of Lake Elsinore, Wildomar and Canyon Lake. Demolition of existing underground single checks, vaults and associated pipeline. Welding of flanges, attachments of fittings and devices to bring above ground. Abandonment of existing vaults and confined spaces. Slurry backfill and PCC slabs for PRW safety. Painting, commissioning and testing of all installed devices. Shawnele Morales (760) 533-2194 Smorelos(cD.rinconwater.org Currently with Rincon Water, but formerly Lead Engineer for EVMWD. Lake Hemet Municipal Water District Water Main Replacement Project and Paving 0.5 year total project ($250,000)(2022) Installation of 2000 LF of 12" C-900 PVC pipe. Installation of 21 water services. 2 Fire Hydrants and 1 air vac. and testing of all installed devices. Jason Venable Engineering Services Manager Lake Hemet Municipal Water District jvenable@lhmwd.org 951.658.3241 36" Butterfly Valve Replacement Project (2022) Lake Elsinore Valley Municipal Water District (EVMWD) 1 month ($80,000) Installation of 36" Butterfly valves cut into 32" RCP Trunk line. Shawnele Morelos, P.E., QSD/P Principal Engineer — Capital Projects Elsinore Valley Municipal Water District Office: 951-674-3146 Ext. 8320 Cell: 760-522-9927 31315 Chaney Street, Lake Elsinore, CA 92530 Ortega Highway Water main replacement Project (2020) EVMWD 6 months ($400,000) Installation of 2000 LF of 8" C-900 pipeline, valves, fittings, Backflows, fire hydrants and air vacs. Abandonment of 4" steel main, welding of closed ends. Grading of roadway disturbed. Paving and striping to restore original conditions. Shawnele Morales Lead Engineer. Utilities Installation for Elsinore High School (2019) Lake Elsinore Unified School District 6 months ($100,000) Installation of new 12" C-900 water line, valves and tie ins. Installation of 6" SDR-35 Sewer main. Installation of 2 - 4' Diameter manholes with pour in place bottoms. Site grading and paving. Concrete sidewalk and curb and gutter repair. Octavio Nava (323) 213-0887 Onava(a)_telacu.com Rosalie Ave and Caroline Ct water line replacement CIP (2023-current) Lake Hemet Municipal Water District (LHMWD) 3 months ($250,000) Installation of 8" C-900 waterline. Approximately 800 LF of new line, 4- Firehydrants, 1 air vac, 24 services, and valves. Concrete work and AC paving to finish. Jason Venable (951) 658-3241 Jvenablep_lhmwd.org Service Contract City of Seal Beach 1 year Garrett Lee Rowan (City of Seal Beach) (562) 447-9640 City of Lake Elsinore Service Contract 3 year (with 3 year renewal) Service and repair of the concrete PRW's. Abandonment of services. Emergency clearing and grubbing. Gus Papagalos City Consultant (951) 764-2417 Goapagolos<a)verizon. net Pier G Water Line Project (General WE O'neil) (2015) 1 year project Installation of Domestic and Reclaimed Underground Waterlines to supply Pier with water. Installation of 120" storm drain to new facility inlet. Skill sets included heavy equipment, pipe fitting, grading, export/import and concrete civil work. 29 Palms Landfill Project (General ERRG) (2015) 6 months Installation of New Base Landfill. Skill sets included but not limited to heavy civil work and electrical distribution systems for monitoring station. Warren Oil Field Catch Basin Project (General SGI) (2016) 2 years Installation of 35' deep oil refinery catch basin. Skill sets include heavy civil work and onsite safety and health standards regulated by BP fuels. Brian Muiter (Field Supervisor) (951) 219-8043 Huntington Beach City Water Meter Replacement and Edison Line Extension Project (Sub J & L) (2016) 3 months ($200,000) Installation of over 10 new Edison line extensions for panel upgrades. Skill sets included trenching, civil, electrical, and utility avoidance plans. Installation of water and sewer laterals as well for multiple housing developments. Ruben Chase (Prime Chase Construction) (714) 914-6346 TransPak Fireline Repair Project (General J & L) (2016) 8 months Installation and repair of primary 18" fireline to industrial park. Skill sets included civil, mechanical, heavy equipment and import/export backfill. Along with asphalt paving and concrete paving. Balboa Bay Beach Club Transformer Upgrades Project (Sub J & L) (2017) 3 months ($100,000) Installation of Primary and Secondary Edison feeds to docks B, C, and D. Skill sets included, electrical, civil, underground structures, and OSHA deep trench shoring. Dewatering as well. Mike King (714) 767-6453 King Electric Balboa Bay Beach Club Prime Electrician Outlets at San Clemente Tesla Supercharger Project (General Potential Electrical) (2017) 2 months ($200,000) Installation of 21 Tesla Charging Stations. Skill sets included civil, electrical, pipe fitting, equipment installation, utility avoidance, import/export and concrete. Key staff resumes Bryson W. Miller 11 years with company Main office contact person. Bio: Owner Bryson, the founder of J & L Constructors Inc. after receiving his Bachelor of Science Degree from La Verne University and completing his senior thesis at USC School of Medicine, immediately took interest in the civil infrastructure industry. With over 15 years of experience in the industry Bryson looks to take J & L to the forefront of the future which he believes is the Telecom civil and electrical fields for electric vehicle charging infrastructure. All the while, keeping the company grounded in an industry that will never die Water,Sewer and Power. Certifications: HAZ certified Trench Safety Person Deep Slide Shoring Person Heavy Equipment Operator Certified Environmental Safety Certified D1.1 Welder Adrian Barahona 5 years with company Main field contact person. Bio: Superintendent Adrian comes to J & L from Hal Hayes Contruction as the most decorated employee when it comes to heavy civil and concrete work. Being in the industry over 10 years with names like PAR, Flatiron, Arizona Pipeline and USSCal to name a few Adrian was able to get acclimated with vast telecom civil and electrical experience. Much of the success of J & L can be contributed to Adrian. Certifications: Gas fitter (poly and steel) Heavy Equipment Certified Trench Shoring Safety Person D1.1 Welder Joel Navarro 3 years with company Bio: Foreman Joel comes to J & L as the original General Contractor himself.. Growing up doing storm drain, pools and lakes streams and waterfalls Joel has over 10 years in the industry of heavy civil work and concrete experience. Working for companies like Living Waters, DeJacomo, and Rock and Waterscapes who collectively designed and build many amusement parks within the California and Washington areas over the last decade. Certifications: Trench Safety Person Pipe Fitter Mason Prep and Finish Cert. Aroldo Roldan Gomez 2 years with company Bio: Laborer Aroldo or (Roily) as we call him can dig with the best of them! His expertise doesn't just end with a 12" blade, rather his intelligence and experience with sewer and water is vast spreading over 10 years with two major pipeline outfits. Vanessa Miller 11 years with company Bio: Secretary Vanessa comes to J & L as the glue that holds the ship together.. Vanessa keeps our paperwork up to date and on track. Joseph Valenzuela 11 years with company Bio: Office Manager Joseph maintains our integrity and quality control to ensure we are headed in the right direction inside our office based out of Huntington Beach, CA. Laborers include: Juan Delgado 2 years with company Leobardo Hernandez 1 year with company J&L is D1.1 certified welders, Hazardous materials removal licensed and equipped for any underground situation encountered. Equipment List: 1 - 35G Mini Excavator 1.5- 289D3 CAT Alterain w/ grinder, broom, forks 2 - 420 Backhoe CAT 3 - 5 yard dump 4 - Chevy 2500 Diesel 5 - Toyota Tundra Crew Truck 6 - Skid Steer 7 - Traffic Control Signage and cones 8 - Equipment Trailors 9 - Mobile Office 10- 34' flatbed equipment trailer with attatchments IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT (California Public Contract Code Sections 2200-2208) The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who "engages in investment activities in Iran" is defined as either: A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran. The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010. California law establishes penalties for providing false certifications, including civil penalties equal to the greater of S 250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205). To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution name, and City Business Tax Registration Certificate (BRTC) if available, in completing ONE of the options shown below. OPTION #10 CERTIFICATION I, the official named below, certify that I am duly authorized to execute this certification on behalf of the bidder or financial institution identified below, and that the bidder or financial institution identified below is not on the current DGS list of persons engaged in investment activities in Iran and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or vendor, for 45 days or more, if that other person or vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DSG list of persons engaged in investment activities in Iran. Vendor Name/Financial Institution (printed BTRC (or n/a) J&L Constructors Inc. By (Authorized Signature) Bryson Miller XZ��/,Oy_ Print Name and Title of Person ning Owner/President Date Executed City Approval (Signature) (Print Name) 2/5/24 OPTION #2: EXEMPTION Pursuant to PCC § 2203(c) and (d), a public entity may permit a bidder or financial institution engaged in investment activities in Iran, on a case -by -case basis, to be eligible for, or to bid on, submit a proposal for, or enter into, or renew, a contract for goods and services. If the bidder or financial institution identified below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, the bidder or financial institution shall complete and sign below and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (printed) BTRC (or n/a) By (Authorized Signature) Print Name and Title of Person Signing Date Executed City Approval (Signature) (Print Name) Proposal 9 ® ACCOR" �CERTIFICATE OF LIABILITY INSURANCE /YDATE (MM/DDYYY) 3/8/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UUNIAUI NAME: Western Republic Insurance Services P PHONE FA 714.536.0500 A/C, No, Ext : (A/C, No): ADDRESS: dustin@wrinsurance.com 19900 Beach Blvd INSURER(S) AFFORDING COVERAGE NAIC # Suite F 1 INSURER A : EVANSTON INS CO 35378 Huntington Beach CA 92648 INSURED INSURER B : INSURER C : J & L Constructors Inc INSURER D : 29104 Basswood INSURER E : INSURER F : Lake Elsinore CA 92530 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F)CI OCCUR Y 3AA563115 04/27/2022 04/27/2023 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HKoPI=KDAMAGE (Per accident) $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EZXS3078353 04/27/2022 04/27/2023 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insured's operations. The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are named as additional insured per the attached MEGL 0009-01 09 18. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Center Drive AUTHORIZED REPRESENTATIVE Newport Beach, CA 92660 �iw Kee ey © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY III POLICY NUMBER:3AA563115 M I RKEr EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $Included (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ® ACCOR" �CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/5/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: PFA Western Republic Insurance Services PHONE 714.536.0500 A/C, No, Ext : (A/C, No): ADDRESS: dustin@wrinsurance.com 19900 Beach Blvd INSURER(S) AFFORDING COVERAGE NAIC # Suite F1 INSURER A : BERKLEY ASSURANCE CO 39462 Huntington Beach CA 92648 INSURED INSURER B : STATE COMPENSATION INS 35076 INSURER C : J & L Constructors Inc INSURER D : 29104 Basswood INSURER E : INSURER F : Lake Elsinore CA 92530 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER YL;" (MMIDD/FL)LIL;Y LA (MM/DD/YYYY) LIMITS A )C COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FKI OCCUR Y Y VUMA0310930 04/27/2023 04/27/2024 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- F7 POLICY ETECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ UAMAGE (Per accident) $ A UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS -MADE VUMA0310940 04/27/2023 04/27/2024 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y 9170623-22 12/03/2023 12/03/2024 - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insured's operations. The certificate is named as additional insured per the attached MEGL 0009-01 09 18. Waiver of subrogation applies per the attached CG 24 04 12 19 and 10217 (REV.4-2018). A 30-day written notice of cancellation is applicable. A 30-day written notice of cancellation is applicable. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Fire Authority ACCORDANCE WITH THE POLICY PROVISIONS. 1 Fire Authority Road AUTHORIZED REPRESENTATIVE Irvine, CA 92602 puyiiry Kee_" © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: VUMA0310930 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract executed and As designated in written contract with the Named signed by all parties prior to the date of loss but Insured. only to the extent permitted by law. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. - This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Policy #VUMA0310930 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 0412 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 3, 2022 AT 12.01 A.M. AND EXPIRING DECEMBER 3, 2023 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME J & L CONSTRUCTORS INC. 29104 BASSWOOD LAKE ELSINORE, CA 92530 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. 6Yi)�It�1Ui�iI�I ISM We)zWe) WO) Zei1kNNw.t-1Mlwto) zI ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER IIIII*)zma)am aSUPIsto)zI BLANKET WAIVER OF SUBROGATION 9170623-22 RENEWAL SP 9-56-08-37 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHEfl "I"HAN AS ABOVE STATED. NO"D-HNG ELSEWHERE IN 'l'I-IIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMRATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO: DECEMBER 6, 2022f 2572 AUTHORIZED REPRESENT /IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) H OLD DP 217 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 ,/4� A State of MMA Florida Notarized online using audio -video communication County of �) Duval Subscribed and swom to (or affirmed) before me on this 30th day of January 20 4 by Bryson William Miller , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ID produced: DRIVER LICENSE ABDULRAFIMAN SARDANI i _ � Notary Public - State of Florida f a v Commission # HH 382251 Expires on Apal 3. 2027 Notary Public Signature Notary Public Seal City of Santa Ana RFP 23-182 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 J & L Constructors Inc. Signed and Printed Name: Bryson Miller i Title Date 1 /24/24 City of Santa Ana RFP 23-182 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. 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 23-182 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Owner Firm: J & L Constructors Inc. Date: City of Santa Ana RFP 23-182 Page A3-4 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: Bryson Miller of J & L Constructors Inc. Business Address: 80 Huntington St., Huntington Beach, CA 92648 Business E-Mail Address: Bryson@jandlcon.com Telephone: 714-955-3716 State Contractor's License No. and Class License Expiration Date: 3/31/25 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: '14� Title: Owner 974212 General A, B, C-53, C-20, HAZ 1000056885 6/30/26 City of Santa Ana RFP 23-182 Page A3-5 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm J & L Constructors Inc. Signature of BIDDER A� Title Owner (if an individual, so state) City of Santa Ana RFP 23-182 Page A3-6 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ❑ INDIVIDUAL ❑ PARTNERSHIP SS: , being duly sworn, deposes and says: That he/she is the party making the foregoing proposal: That he/she is a member of the cc -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: J & L Constructors 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 person. Signature of Bidder Notary: State of Florida, County of Duval 30th Subscribed and sworn to before me this 24" Notarized online using audio -video communication day of January 20 24 Signature of officer Administering Oath (Notary Public) ID produced: DRIVER LICENSE. \\\\\\`'AYlilp�u// ABDULRAHMAN SARDANI Notary Public - State of Florida A. .0 Commission # HH 382251 �rF 04 \�� Expires on Apnt 3.2027 City of Santa Ana RFP 23-182 Page A3-7 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the 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: %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). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name NO SUBS License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work _ Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ We self perform all work Name NOSUBS We self perform all work. 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 23-182 Page A3-8 REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. Elsinore Vallev Municiple Water District Name and Address of Owner. Andrea Kraft 951-674-3146; 8312 Name and Telephone Number of person familiar with project. 1,300,000 Backflow Device, Piping ,Valves, PCC, AC 2022 Contract Amount Type of Work Date Completed City of Riverside Emergency Services Contract 3 years Maria Guerrero 909-522-2829 Storm Drain, Sewer, AC, PCC, CMU walls, general building Name and Telephone Number of person familiar with project. $2,500,000 Risk Management Utilites and other work Current ongoing Contract Amount Type of Work 3. Ortega Highway Water Main Replacement Project EVMWD ame ana tiaaress or owner. Date Completed Shawnele Morales Lead Egineer Name and Telephone Number of person familiar with project. 400,000 2,000 LF of 8" C-900 Pipeline, Valve Fittings, Backflows, Fire hydrants, air vacs 2020 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Stewart Surety & Insurance Services Inc. City of Santa Ana RFP 23-182 Page A3-9 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed milar work in the past five years. 1. Jaqueline Godinez 3 year service contract with City of Riverside Name and Address of Owner. City of Riverside, Jaqueline Godinez 951-826-5693 Name and Telephone Number of person familiar with project. $2,500,000 City services for risk management Current and ongoing Contract Amount Type of Work Date Completed 2. Elsinore Valley Municiple Water District Butterfly Valves Project Name and Address of owner. Brian Vigil 714-313-2614 Name and Telephone Number of person familiar with project. $50,000 Valves, pipe, AC, PCC, DCDA's 2021-2022 Contract Amount Type of Work Date Completed 3. Lake Elsinore Unified School District Name and Address of owner. Octavio Nava 323-213-0887 Name and Telephone Number of person familiar with project. $100,000 Pedestrian Bridge, Waterlines, Paving, Sewer Mains 2019-2020 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Stewart Surety & Insurance Services, Inc. 755 Neptune Avenue Encinitas, CA 92024 City of Santa Ana RFP 23-182 Page A3-10 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER 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: o� Title: Owner Firm: J & L Constructors Inc. Date: 1 /30/24 City of Santa Ana RFP 23-182 Page A3-11 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: ,og�l/li Title: Owner Firm: J & L Constructors Inc. Date: 1 /30/24 City of Santa Ana RFP 23-182 Page A3-12 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from 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 23-182 Page A3-13 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, 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 June 6, 2023. The undersigned BIDDER 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, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Aft Title: Owner Firm: J & L Constructors Inc. Date: 1 /30/24 City of Santa Ana RFP 23-182 Page A3-14 EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I "Nature of Work." Sample Task Orders for Asphalt Concrete, Concrete Paving, Stormdrain, and Street Lighting within the public right-of-way related work are, respectively: Sample Task Order A — Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 150 82500 2 AC Pavement 130 TN 500 65000 3 Furnish and Install #6 Pullbox 4 EA 2500 10000 4 Adjust Manhole to Finished Grade 5 EA 3500 17500 5 PCC Curb & Gutter (Type A-2-8 100 LF 55 5500 6 Signing & Srtiping 1 LS 2500 2500 7 Traffic Control Work 1 LS 1500 1500 Sample Task Order B — Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 150 82500 2 PCC Sidewalk T=4" 2,500 SF 35 87,500 3 PCC Curb Ramp 3,000 SF 45 135,000 4 PCC Curb & Gutter (Type A-2-8 100 LF 55 5500 5 Furnish and Install #6 Pullbox 4 EA 2500 10000 6 Adjust Manhole to Furnished Grade 5 EA 3500 17500 7 Catch Basin (Type `B", W=10' 1 EA 35000 35000 8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF 750 56250 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF 100 5000 12 Concrete Barrier Type 83 Caltrans 50 LF 13 Traffic Control Work 1 I LS 11500 1500 City of Santa Ana RFP 23-182 Page Al-2 Sample Task Order C — Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY 150 82500 2 AC Pavement 130 TN 500 65000 3 Remove & Replace 18" Corrugated Metal Pipe (CMP) 75 LF 250 18750 4 Remove & Replace 18" Reinforced Concrete Pie RCP 75 LF 300 22500 5 Remove & Replace 30" Reinforced Concrete Pie RCP 75 LF 750 56250 6 Catch Basin (Type "B", W=10' 1 EA 35000 35000 7 Traffic Control Work 1 LS 1500 1500 Sample Task Order D — Street Lighting Description Qty Unit Unit Price Total Furnish and Install Streetlight Pole 10 EA 12500 125000 Remove Existing Wooden Pole 5 EA 3500 17500 Remove Existing Steel Pole 5 EA 3500 17500 Install Electrical Meter Pedestal 1 EA 4500 4500 Install 2" PVC Conduit 4000 LF 75 525000 Install No. 5 Pull Box 3 EA 3500 17500 Pothole Street Light Pole Location 10 EA 2000 20000 Traffic Control Work 1 LS 1500 1500 SURETY BOND For each Task Order Issued by Public Works Agency, the Contractor shall provide cash deposit or surety "Payment" and "Performance" bonds in the amounts specified by the "Greenbook" and City of Santa Ana upon approval of the proposed itemized cost estimate for each approved on - call or emergency Task Order which will be based upon the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. The cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. The City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. The cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. The deposit amount will be determined based upon the surface drainage and street improvement plans. City of Santa Ana RFP 23-182 Page Al-3 RFP No. 2267 EXHIBIT F LABOR RATES Please list the hourly rates and price mark-ups for services listed below. Contractors shall provide a separate rate schedule identifying staff members' hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. If not applicable, select no bid. Please submit one Exhibit F per Contractor Category bidding on. Fill in the blank below with the Category. Categories can be found in Exhibit G. CONTRACTOR CATEGORY JU Constructors Inc. Titles and Rates Charged for Personnel Rate Standard Rate List as an hourly rate Office Staff 45 Overtime Rate List as an hourly rate 67.50 Double Overtime List as an hourly rate 90.00 Markup if subbed out List as a percentage) Please add 20% for emergencie Title Project Manager Rate Standard Rate List as an hourly rate 91.38 Overtime Rate List as an hourly rate 121.14 Double Overtime List as an hourly rate 182.76 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Concrete Rate Standard Rate List as an hourly rate 65.86 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate Markup if subbed out List as a percentage) Please add 20% for emergencie Masonry Rate Standard Rate List as an hourly rate 65.46 Overtime Rate List as an hourly rate 68.02 Double Overtime List as an hourly rate 130.92 Markup if subbed out List as a percentage) Please add 20% for emergencie Thermal and Moistures Protection Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate Double Overtime List as an hourly rate 136.40 Markup if subbed out List as a percentage) Please add 20% for emergencie RFP No. 2267 Openings Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate 130.92 Markup if subbed out List as a percentage) Please add 20% for emergencie Finishes Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate 130.92 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Equipment Rate Standard Rate List as an hourlyrate)90.20 Overtime Rate List as an hourly rate 119.90 Double Overtime List as an hourly rate 180.40 Markup if subbed out List as a percentage) Please add 20% for emergencie Conveying Equipment Rate Standard Rate List as an hourly rate 88.20 Overtime Rate List as an hourly rate 132.30 Double Overtime List as an hourly rate 176.40 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Heating, Ventilating, and Air -Conditioning Rate Standard Rate List as an hourly rate 75.10 Overtime Rate List as an hourly rate 112.65 Double Overtime List as an hourly rate 150.20 Markup if subbed out List as a percentage) Please add 20% for emergencie Integrated Automation Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Electrical Rate Standard Rate List as an hourly rate $82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Markup if subbed out List as a percentage) Please add 20% for emergencie RFP No. 2267 Communications Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Marko if subbed out List as a percentage) Please add 20% for emergencie Electrical Safety and Security Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Marko (if subbed out) (List as a percentage) Please add 20% for emergencie Earthwork Rate Standard Rate List as an hourlyrate)90.20 Overtime Rate List as an hourly rate 119.90 Double Overtime List as an hourly rate 180.40 Marko if subbed out List as a percentage) Please add 20% for emergencie Exterior Improvements Rate Standard Rate List as an hourlyrate)65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Marko (if subbed out) (List as a percentage) Please add 20% for emergencie Utilities Rate Standard Rate List as an hourly rate 65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Marko if subbed out List as a percentage) Please add 20% for emergencie Process Integration Rate Standard Rate List as an hourlyrate)65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie RFP No. 2267 Use this rate schedule to identifying staff members' hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. Description Rate We have a cost sheet attatched that we will use or all rates other than rates above. Please see attatched and if approved we can negotiate further for services and Labor rates, equipment rates not definedin our Cost sheet on an as needed basis Per and SGOPe. prejeGt Pricing shall remain firm when not based on Department of Industrial Relations Prevailing Wage Rate. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall be subjected to prevailing wage requirements. RFP No. 2267 EXHIBIT G CONTRACTOR CATEGORY SELECTION Contractors shall clearly indicate the category or categories for which they are proposing. Failure to note at least one category will cause a proposal to be deemed non -responsive. Contractors shall indicate their willingness to be available for emergency work on an as -needed basis. There is no penalty for choosing to opt out of providing emergency work and scoring will not be affected for those that wish to only provide non -emergency work. Category General Engineering Contractor ("A" License) g• Emergency General Engineering Contractor ("A" License) Non -Emergency General Building Contractor (`B" License) Emergency General Building Contractor (`B" License) Non -Emergency X ***Must submit separate pricing sheets (Exhibit F) per category selected to be considered responsive to that category. *** RFP No. 2267 EXHIBIT F LABOR RATES Please list the hourly rates and price mark-ups for services listed below. Contractors shall provide a separate rate schedule identifying staff members' hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. If not applicable, select no bid. Please submit one Exhibit F per Contractor Category bidding on. Fill in the blank below with the Category. Categories can be found in Exhibit G. CONTRACTOR CATEGORY JU Constructors Inc. Titles and Rates Charged for Personnel Rate Standard Rate List as an hourly rate Office Staff 45 Overtime Rate List as an hourly rate 67.50 Double Overtime List as an hourly rate 90.00 Markup if subbed out List as a percentage) Please add 20% for emergencie Title Project Manager Rate Standard Rate List as an hourly rate 91.38 Overtime Rate List as an hourly rate 121.14 Double Overtime List as an hourly rate 182.76 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Concrete Rate Standard Rate List as an hourly rate 65.86 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate Markup if subbed out List as a percentage) Please add 20% for emergencie Masonry Rate Standard Rate List as an hourly rate 65.46 Overtime Rate List as an hourly rate 68.02 Double Overtime List as an hourly rate 130.92 Markup if subbed out List as a percentage) Please add 20% for emergencie Thermal and Moistures Protection Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate Double Overtime List as an hourly rate 136.40 Markup if subbed out List as a percentage) Please add 20% for emergencie RFP No. 2267 Openings Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate 130.92 Markup if subbed out List as a percentage) Please add 20% for emergencie Finishes Rate Standard Rate List as an hourly rate 68.20 Overtime Rate List as an hourly rate 88.42 Double Overtime List as an hourly rate 130.92 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Equipment Rate Standard Rate List as an hourlyrate)90.20 Overtime Rate List as an hourly rate 119.90 Double Overtime List as an hourly rate 180.40 Markup if subbed out List as a percentage) Please add 20% for emergencie Conveying Equipment Rate Standard Rate List as an hourly rate 88.20 Overtime Rate List as an hourly rate 132.30 Double Overtime List as an hourly rate 176.40 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Heating, Ventilating, and Air -Conditioning Rate Standard Rate List as an hourly rate 75.10 Overtime Rate List as an hourly rate 112.65 Double Overtime List as an hourly rate 150.20 Markup if subbed out List as a percentage) Please add 20% for emergencie Integrated Automation Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie Electrical Rate Standard Rate List as an hourly rate $82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Markup if subbed out List as a percentage) Please add 20% for emergencie RFP No. 2267 Communications Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Marko if subbed out List as a percentage) Please add 20% for emergencie Electrical Safety and Security Rate Standard Rate List as an hourly rate 82.76 Overtime Rate List as an hourly rate 111.30 Double Overtime List as an hourly rate 165.52 Marko (if subbed out) (List as a percentage) Please add 20% for emergencie Earthwork Rate Standard Rate List as an hourlyrate)90.20 Overtime Rate List as an hourly rate 119.90 Double Overtime List as an hourly rate 180.40 Marko if subbed out List as a percentage) Please add 20% for emergencie Exterior Improvements Rate Standard Rate List as an hourlyrate)65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Marko (if subbed out) (List as a percentage) Please add 20% for emergencie Utilities Rate Standard Rate List as an hourly rate 65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Marko if subbed out List as a percentage) Please add 20% for emergencie Process Integration Rate Standard Rate List as an hourlyrate)65.05 Overtime Rate List as an hourly rate 84.15 Double Overtime List as an hourly rate 130.10 Markup (if subbed out) (List as a percentage) Please add 20% for emergencie RFP No. 2267 Use this rate schedule to identifying staff members' hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. Description Rate We have a cost sheet attatched that we will use or all rates other than rates above. Please see attatched and if approved we can negotiate further for services and Labor rates, equipment rates not definedin our Cost sheet on an as needed basis Per and SGOPe. prejeGt Pricing shall remain firm when not based on Department of Industrial Relations Prevailing Wage Rate. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall be subjected to prevailing wage requirements. RFP No. 2267 EXHIBIT G CONTRACTOR CATEGORY SELECTION Contractors shall clearly indicate the category or categories for which they are proposing. Failure to note at least one category will cause a proposal to be deemed non -responsive. Contractors shall indicate their willingness to be available for emergency work on an as -needed basis. There is no penalty for choosing to opt out of providing emergency work and scoring will not be affected for those that wish to only provide non -emergency work. Category General Engineering Contractor ("A" License) g• Emergency General Engineering Contractor ("A" License) Non -Emergency X General Building Contractor (`B" License) Emergency General Building Contractor (`B" License) Non -Emergency ***Must submit separate pricing sheets (Exhibit F) per category selected to be considered responsive to that category. *** Invoice # Emergency Contract DATE 1/23/2024 PROJECT: DESCRIPTION: SHORT DESCRIPTION O Daily Cost Sheet CONTRACT NO: PI City of Riverside ITEM DESCRIPTION Quantity Unit Unit Price Price PROJECT NO: # EPS NO: Emergency Rate ESTIMATOR: Bryson Miller COMPANY: J & L Constructors Inc. Labor Labor Cost WC/INS Tax O & P 10% 1 A Dump AC/Concrete 0.00 Each $150.00 $0.00 $0.00 $0.00 2 A Light traffic control 0.00 Total $50 $0.00 $0.00 $0.00 3 A Tack 0.00 Ea $100 $0.00 $0.00 $0.00 4 A PG 70-10 AC 0.00 Tons $150 $0.00 $0.00 $0.00 5 B Fuel/35G/Skid Steer 0.00 Gal $7.50 $0.00 $0.00 $0.00 6 B 560 C-3250 Mix 0.00 Yards $375.00 $0.00 $0.00 $0.00 7 B Wood Forms 0.00 Ea. $75.00 $0.00 $0.00 $0.00 8 C Office Staff 0.00 Hr $ 90.00 $ - $ - $ - 91 C Project Manager 0.00 Hr $ 180.00 $ - $ - $ - 10 C Foreman 0.00 Hr $120.00 $ - $ - $ - 11 C Installer 0.00 Hr $120.00 $ - $ - $ - 12 C Laborer 0.00 Hr $120.00 $ - $ - $ - 13 C Laborer 0.00 Hr $120.00 $ - $ - $ - 14 D Chevy 2500 HD 0.00 Hr $15.62 $0.00 $0.00 $ - 15 D Materials Trailer 0.00 Hr $12.65 $0.00 $0.00 $ - 16 D 35G Mini Ex 0.00 Hr $27.87 $0.00 $0.00 $ - 17 D 289D All -Terrain 0.00 Hr $38.00 $0.00 $0.00 $ - 17A D 289D Grinder 0.00 Hr $45.00 $0.00 $0.00 $ - 17B D 289D Sweeper 0.00 Hr $45.00 $0.00 $0.00 $ - 18 D Dump Truck 0.00 Hr $37.50 $0.00 $0.00 $ - 19 D Compaction Wheel 0.00 Hr $11.32 $0.00 $0.00 $ - 20 D Air Compressor 0.00 Hr $18.75 $0.00 $0.00 $ - 21 D Camera 0.00 Hr $17.87 $0.00 $0.00 $ - 22 D Whacker 0.00 Hr $15.52 $0.00 $0.00 $ - 23 D Dump Trailer *** 1 0.001 Hr I $12.65 1 $0.00 $0.00 1 $ - 24 D IToyota Tool Trk 1 0.001 Hr 1 $13.98 1 $0.00 $0.00 1 $ - 25 E Delivery Fees 0.00 Each $150.00 $0.00 $0.00 $ - Subtotals This Sheet Carry F $ - $ 1,369.23 $ - $ 750.00 $ - $ - $ - $ - Grand Total $ - EXHIBIT 4 CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PALP INC., DBA EXCEL PAVING COMPANY FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES THIS AGREEMENT is made and entered into on this 21" day of May, 2024 by and between PALP, Inc., a California corporation, dba Excel Paving Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 9, 2024, the City issued Request for Proposal ("RFP") No. 23-182, by which it sought to retain a Contractor having special skill and knowledge in the field of on -call emergency asphalt concrete, concreate and storm drain repair services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in UP No. 23-182. C. In undertaking the perfonnance 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 tern 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 herein, and as further described in Contractor's Proposal - Exhibit B, attached hereto and incorporated herein. 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 Contractor's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Contractor is one of three (3) separate contractors selected to provide services on an on -call basis under RFP 23-182. The total compensation for services provided by all contractors selected under RFP 23-182 shall not exceed the shared aggregate amount of $3,000,000.00 during the teen of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 end on May 20, 2027, with the option for the City to grant up to one (1), two (2) year extension, 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 Page 2 of 10 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with 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. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code S) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the 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. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following 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 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 Page 3 of 10 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation. 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. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 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. 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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 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. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. S. 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 Page 4 of 10 personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 5 of 10 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City, Page 6 of 10 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, Califonlia, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7of10 To City: City Clerk 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: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Contractor: David Diukker Excel Paving, Inc. 2230 Lemon Ave. Long Beach, CA 90806 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any Page 8 of 10 other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 22. 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, [signatures on, following page] Page 9 of 10 SIGNATURE PAGE TO CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PALP INC., DBA EXCEL PAVING COMPANY FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: nathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: — /Z al'� By Title: Curtis P. Brown III President Page 10 of 10 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Y State of California County of Los Angeles On PiZ � ?__(, , U Z before me Myisha Monique Rivers, Notary Public (}sere insert name and title of the -officer), Notary Public, personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a)t subscribed to the within instrument and acknowledged to me that he/sale/t* executed the same in his/*/tb* authorized capacity(ies), and that by his/*/th* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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