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HomeMy WebLinkAboutEXCEL PAVING COMPANY (PALP INC.) INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2024-069-03 t 2.5 �� CITY to CLERK JUN 1 7 NA \ DATE.: LI(Iz f z9 0: (,PW A 1(-2-) CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PALP r Mores-)EL INC., DBA EXCEL PAVING COMPANY FOR ON-CALL EMERGENCY ASPHALT 1, CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES THIS AGREEMENT is made and entered into on this 21s` 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 RFP 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 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. Pagel 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 COL 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 (180 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 CO 20 Page 3 of 10 10 11 85 or if not available, through the addition of both CO 20 10, CO 20 26, CO 20 33, or CO 20 38; and CO 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 CO 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 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 5ofI0 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 1:o this Agreement perfonned 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 tenn 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: David Drukker 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 All 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 CITY OF NTA AN ennifer . allleiot I Alvaro Nunez City C -r Acting City Manager APPROVED AS TO FORM CONTRACTOR: SONIA R. CARVALHO City Attorney 47--z...,i___ By: ,-``0' z./ _-Jonathan T. Martinez G� By Assistant City Attorney Title: Curtis P. Brown 111 President RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency 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. State of California County of Los Angeles On A �i21 2.(�f Zo Z before me, Myisha Monique Riven, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown Ill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a* subscribed to the within instrument and acknowledged to me that he/she/t1)0 executed the same in his/ r/their authorized capacity(ies), and that by his/IWthAr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '=•r� MYISHA MONIQUE RIVEN WITNESS my hand and official seal. COMM.#2377053 t, ` p �• Notary Public-California LOS ANGELES COUNTY U. (Notary Seal) hi Comm.Expires Sep 30 2025 Signature of Nota Public 'v . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/she/they-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and hoto p graphically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 Protlnk Signing Service.Inc.—All Right:Reserved www.TheProLinkcom—Nationwide Notary Service Appendix ATTACHIVIENT 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 Signing&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 75 LF Pipe 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 Pipe (RCP) 75 LF 5 Remove&Replace 30"Reinforced Concrete Pipe(_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 Streetlight 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 , 1 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. 1 -Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work,including furnishing all materials, labor, equipment,tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over-excavation shall be paid for at the unit price for unclassified excavation. Item No. 2- Asphalt Concrete(AC) Pavement Payment for Asphalt Concrete(AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment,tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over-excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3-Furnish and Install New#6 Pull Box The work under this item for Furnish and Install New#6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications,plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor,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 A1-12 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 A1-13 Sample Task Order I) 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 A1-14 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 2" 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 A1-15 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 P.O. BOX 16405 EXCEL PAVING COMPANY LONG BEACH,CA 90806-5195 562 599-5841 A GENERAL ENGINEERING CONTRACTOR FAX (562) 591-7485 STATE LICENSE NO.688659A DATE: February 12,2024 PROJECT: On-Call Emergency Asphalt Concrete,Concrete and Storm Drain Repair Services RFP NO.23-182 SUBJECT: Statement of Qualifications a. Cover Letter: Attached is the On-Call Emergency Asphalt Concrete,Concrete and Storm Drain Repair Services proposal for PALP Inc.DBA Excel Paving Company. Excel Paving has bid over 100 projects for the City since 2018,and has completed six projects for the City of Santa Ana since the year 2020,including the On-Call Emergency contract for the past few years. Currently, Excel is working on two large projects for Santa Ana:West Willits and Safe Routes to School Davis. Excel can self-perform the following scopes: demolition,excavation,grading,concrete,asphalt,storm drain, sewer,water,erosion control,and traffic control. Located in Long Beach,Excel works primarily in Orange County and Los Angeles County. Most of our workforce lives in these counties so we can mobilize quickly should any emergencies arise. b. Contract Agreement Statement: Excel agrees to the provisions contained in the Agreement. c. Firm and Team Experience Excel is a general engineering construction company that has been working in Southern California since 1980. The second-generation leader of Excel is Curt Brown,BI. Excel has seven superintendents that cover Orange County and Ins Angeles County. The two primary superintendent for Orange County are Tony Fratangelo and Roc Schoonover. They are supported by a project management team led by Darryl Rutledge and Wade Phillips. Ten estimator/project managers assist the field. Currently,Excel has about 160 employees in the field: Excel will provide contact phone numbers for on-call and emergencies. d. Understanding of Need: Excel has participated in the City's on-call project since November 2020. Since then,Excel has been invited to bid on several projects that required a fast turnaround both to submit a bid and to construct. Excel understands the City's need for fast quotes and work. Excel will submit questions to clarify the scope and offer suggestions if they might decrease cost and/or construction time. Excel has not always been the low bidder but we have submitted complete quotes. Excel has the capability to self-perform most work but if the scope requires it, Excel will hire qualified subcontractors that can meet the City's deadlines. e. Relevant Project Experience: Please see the attached list of recent projects. Page 1 of 2 PO. BOX 16405 EXCEL PAVING COMPANY LONG BEACH CA 908065195 (562) 599-5841 A GENERAL ENGINEERING CONTRACTOR FAX(562) 591-7485 STATE LICENSE NO. 688659A f. References: Excel has attached a list of references along with the ones noted below. City of Santa Monica City of Monrovia Fabio Mascias James Merrell,CM (310)401-0432 (760)240-8000 ext. 118 fabio.macias@santamonica.gov James.merrell@merrelljohnson.com City of Santa'Monica City of Irvine Jason Hoang Anthony Caraveo (310)351-7913 949-724-7555 Jason.Hoang@santamonica.gov acaraveo@cityofuvine.org City of Beverly Hills City of Anaheim Manu Dhaliwal,PE Omar Alameddine (310)285-2513 949-533-3012 mdhaliwal@beverlyhills.org oalameddine@anaheim.net City of Monrovia County of Orange Alex Tachiki,Director of Public Works Michael Hatch (626)932-5553 714-667-4989 atachiki@ei.monrovia.ca.us Michael.hatch@ocpw.ocgov.com Please call or e-mail with any questions or comments. Thank you for your time. r Sim erely, David Drakker PALP Inc.DBA Excel Paving Company 2230 Lemon Ave. Long Beach,CA 90806 Phone:(562)599-5841 E-mail:ddrukker@excelpaving.net Page 2 of 2 MAYOR "° r INTERIM CITY MANAGER Valerie Amezcua `", �. Tom Hatch MAYOR PRO TEM 'y { CITY ATTORNEY Thai Viet Phan ! ` Sonia R.Carvelho COUNCILMEMaERS II F " CITY CLERK Phil Baoerre I Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez ! r,,: �,yi David Penaloza Benjamin Vazquez CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza •P.O.Box 1988 Santa Ana,California 92702 www.santa•ana,prn January 23, 2024 ADDENDUM No. ONE SUBJECT: RFP NO.23-182 ON-CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the submittal requirements of the subject RFP: 1. II. INSTRUCTIONS TO PROPOSERS Add Item K. GARB.COMPLIANCE (Page 8): 2. APPENDIX: Attachment 3: Certification Add Attachment 3-4: Fleet Compliance Certification (Page A3-51 3. NOTICE INVITING PROPOSALS Extend RFP Proposal Due Date To 02/13/2024(Page 21 This addendum includes Four pages(including this one). ALL OTHER ITEMS REMAINING FOR THE CITY OF SANTA ANA Rodolfo Roses Deputy Public Works Director/City Engineer SANTA ANA CITY COUNCIL Valerie Amazcua Thal Viet Phan Benjamin Vazquez Jessie Lopez Phil Omura Johnathan Ryan Hernandez David Panelore Mayor MaynrP,otom,Wmdi Word2 WaM9 Wad4 wards Ward@ aw zcua&ilsanln.anaom nlEeaala-anaotq WazpuPzQSaanladna.o,q Ieenleasezimsanm.2na nm pbaeertaflaanab9na,4m I,Venhamandez�§anU9he.9Jq dnsdalozaPDaan'-anaaq e; SAN, a> iAte, .R p 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:Uww2.arb.ca.gov/sites/default/files/bnrcu/regact12022/off-road diesellappa-I.pdf. Bidders are required to comply with all CARE 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 CARE.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).Acconlingly, 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 ("GARB") 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 Iiable 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 subcontractors) ("Fleet")is true and correct: t9e 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(1)(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 allows they were not able to procure renewable diesel (i.e,third party correspondence Or vendor bids). ❑ The Fleet is exempt fiom 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: PAP Inc.,dba Excel Paving Company Signature: 4cG7/- ..;,.-._, Name: Curtis P. Brown Ill Title: President Date: 1/24/2024 • L Y City of Santa Ana RFP 23-182 Page A3-5 , 0,7"stfa-ator'--taii--6 1747,ett_zfti,vgA,..*;25)-; 0 , ; ....r .les.—„-- s,s-C-WjAt .443-,:gra7,w44-4-at'a,Srac;trt.' „, , Ect itlt" '.,--\.'441 t 'tr.artir; : 'eLr...--rt.r-It---• 'Th'''''r“.;:WVtLr^'?"`"'"?" 14 1 .211 it 2 I I 1 ie'el i #14 '1 6= t"g 0 ti " rkfti 0, el ov..1. Nick; 11 1 e Ill 7:1 11 ‘t'CO cd -g al "' „.•. 5 g 6 A 1:1 i?, cri 141 .:;; ,Le 11 W.lx-^ak < 0 ti g U ta. ,:^e- W § .2 a•-•-• a•-• E c-cs to" t 1 , . j 5 t 86 :8 i e r 0 stU k.--m.g E (4 4i el C:11•A'Lis ... , c s S 5, 44 1 .1- i tit:CS :-C,,iai' nos 1.. c '81 gi b' ce. 00 ii'it %C , AtiCH "." tn •••• 0 2 til: 3 ,540 'lib ,w•-ft a -I2 ID-I 1. ? Wa- .....: tit co 1 LLD A cp 1 a & r . - i t ,... . ...ic..... 0 R.0 ..=., I.."' ° v to E ,g in ,,E .2 ••'i 0 10 ICS .4s• 71 ..,sith W a Silir ZNe 1 t s trgo t. tu 4.• r yest = cr II k s-• v_ W.n i 4' m`cip'5 tl 11 , OC a a .9:5 — sa ' %an, — 4) i il cc 1 4:z_f7t (,) < I:le a igg 5 4 0 -As a 14 4-1•94 'IA I— w 2t5 4 v r t Z i i g # Z 1 K.,"aftti. t CP a 1 4a rei • n•-•*,,,-, u ,grs.•B$111 •Ez ii '5,411 - -as it.4:tti , !a, o•-ga -8. - 8 t 0- P .7- M4; s t 4 5 ' al as • Lc t 8 _A g 8 a --A- In tre lee^ ; U .r. a 011 C r" 113 1/4 2 . -4,. g 'T.0-7 .6 ici sts 2 , a • u -E n yez-TA'1 pf, itl -= Iao p -v. nAttrii tt 2 8 c 2 Iti t 0 at ;yrs.1 g 8 g TILE -111 it , ma wr--',12,%71.1: r„- '...*„-,4.i..''ar" ''cnti-4244'VA-7*' col ., i .„.0. ts '''' ro, ;Thtwasti-sazaa'---• r'';`,,-. .---, 46-, ' 'arre7-,..3/4•' .. fr ti.-r-, a s 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 INTRODUCTIONBACKGROUND 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 $320.00 $176,000.00 2 AC Pavement 130 TN $310.00 $40,300.00 3 Furnish and Install#6 Pullbox 4 EA $2,000.00 $8,000,00 4 Adjust Manhole to Finished Grade 5 EA $1,600.00 $8,000.00 5 PCC Curb&Gutter(Type A-2-8) 100 LF $157.00 $15,700.00 6 Signing&Srtiping 1 LS $9,800.00 $9,800.00 7 Traffic Control Work 1 LS $48,000.00 $48,000.00 Sample Task Order B— Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CY $320.00 $176,000.00 2 FCC Sidewalk(T=4") 2,500 SF $23.00 $57,500.00 3 PCC Curb Ramp 3,000 SF $42.00 $126,000.00 4 PCC Curb&Gutter(Type A-2-8) 100 LF $157.00 $15,700.00- 5 Furnish and Install#6 Pullbox 4 EA $2,000.00 $8,000.00 6 Adjust Manhole to Furnished Grade 5 EA $1,600.00 $8,000.00 7 Catch Basin(Type"B",W=10') 1 EA $14,000.00 $14,000.00 8 Remove and Replace 30"Reinforced Concrete 75 LF $450.00 $33,750.00 Pipe 9 Guard Rail Replacement(Caltrans RSP A77N4) 50 LF $180.00 $9,000.00 1.0 Guard Rail Replacement(Caltrans) 1 EA $11,000.00 $11,000.00 11 Remove and Replace Chain Link R%W Fence 50 LF $194.00, $9,700.00 12 Concrete Barrier Type 83 (Caltrans) 50 LF $600.00 $30,000.00 13 Traffic Control Work 1 LS $59,000.00 $59,000.00 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 $320.00 3176,000. 2 AC Pavement 130 TN $310.00 $40,300. 3 Remove&Replace 18"Corrugated Metal Pipe(CMP) 75 LF $420.00 $31,500. 4 Remove&Replace 18"Reinforced Concrete Pipe(RCP) 75 LF $430.00 $32,250. 5 Remove&Replace 30"Reinforced Concrete Pipe(RCP) 75 LF $450.00 $33,750. 6 Catch Basin(Type"B",W=10') 1 EA $14,000.00 $14,000. 7 Traffic Control Work 1 LS $52,000.00 $52,000. Sample Task Order D— Street Lighting Description Qty Unit Unit Price Total Furnish and Install Streetlight Pole 10 EA $15,000.00 $150,000.0C Remove Existing Wooden Pole 5 EA $3,000.00 $15,000.0C Remove Existing Steel Pole 5 EA $4,300.00 $21,500.0C Install Electrical Meter Pedestal 1 BA $18,000.00 $18,000.00 Install 2"PVC Conduit 4000 LF $112.00 $448,000.00 Install No. 5 Pull Box _ 3 EA $1,800.00 $5,400.0C Pothole Street Light Pole Location 10 EA $2,000.00 $20,000.0C Traffic Control Work 1 LS $47,000.00 $47,000.00 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 Time and Material Rates for Excel Paving for On-Call Emergency AC, Concrete, and Stormdrain Repair Services,REP#: 23-182 Excel Paving T&M Rates Category Description Cost/nR Labor Superintendent $ 150.00 Labor Foreman $ 115.00 Labor Operator $ 112.00 Labor Laborer $ 90.00 Labor Teamster $ 90.00 Labor Cagaenter $ 95.00 Labor Cement Mason Foreman $ 115.00 Labor Cement Mason $ 98.00 Labor Mason Laborer Group 2 $ 96.00 Labor Mason Laborer Group 1 $ 95.00 Equipment skip $ 50.00 Equipment roller $ 45.00 Equipment paving machine $ 150.00 Equipment water truck $ 30.00 Equipment street sweeper $ 200.00 Equipment backhoe $ 85.00 Equipment saw $ 68.00 Equipment blade or loader $ 80.00 Equipment truck-Super 10 $ 85.00 Equipment move truck $ 40.00 Equipment Foreman Truck $ 47.00 Equipment. Tool Truck $ 50.00 Equipment Form Truck $ 60.00 Any Labor or Equipment not listed above will be billed per Company's(Excel's and subs')standard T&M rates. The Labor rates are only for regular business hours from 7:00 am to 5:00 pm Monday through Friday. Anytime outside of regular business hours of operation will be considered after hours/weekends. After hours work includes overtime,double-time,and/or holiday time,and will be billed per actual premium time rates. The Labor rates are good through June 30,2025. Excel will submit revised Labor rates on July 1,2025. All material costs will be added to the cost proposal per actual invoices. Excel Paving will add the following mark-ups to the costs: Category Markup % Labor 20% Equipment 15% Material-except Concrete 10%_ Material-Concrete 15% Sub(first$5,000) 10% Sub(over$5,001) 5% Bond 1% 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 tt making a false certification may subject the certifier to criminal prosecution, Signed Al s-- Curtis P. Brown III President State of Califol ua County of Los Angeles Subscribed and sworn o (or affinned) before me on this 1{\� day of 20_, by Curtis P.Brown ll, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. n ." 'c CO RM,CM OV#I2N3G3T9ON9 2 2 : 4%, Notary Public-California el ai prY ;, MyLCOoSmAmNGxD84ELES COUNTY Notary Public Si 1 tore Notary Public Seal City of Santa Ana RFP 23-182 Page A3-1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document'to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) JAN 3 0 2024 On before me, R. Covington Notary Public p/ere mean name end MIA of the Weer). 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/axe subscribed to the within instrument and acknowledged to me that he/streidevy executed the same in his/keraieir authorized capacity(ies), and that by his/bexabeir slgnature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l WITNESS my hand and official seal. R.COVINGTON M COMM.P2339692 re Nnttay Public-California K u i t &NGELES COUNTY LL. Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regardtngnotary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ttneded,should be completed andatlachedlo the document 4c1snov4edgmen1s from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Yule or description of attached document) • State and County information must be the Slate and County where the document signor(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signor(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization, CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;is/arc)or circling the correct forms.Failure to correctly indicate this ❑ Individual(a) information may lead to rejection of document recording. XX Corporate Officer • The notary seal impression must be clear and photographically reproducible, President Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk, ❑ Attorney-In-Fact 4. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 4 Indicate title or type of attached document,number of pages and date, ❑ 4 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), 2015 Version wwwNoteryClasses.corn 800.873-98a5 • Securely attach this document to the signed document with a staple 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: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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, PALP. INC DRA Finn EXCEL PAVING COMPANY Signed and Printed Name: —91 Title Curtis P. Brown III President Date IAN 2 0 2924 City of Santa Arm 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. rn 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: `urtis P. Brown III President PALPJ1Nv t79A Firm: EXCEL PAVING COMPANY Date: JAN u 0 2024 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 be/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: PALP, INC DBA IEXCEL PAVING Business Address: LONG BEACH, CA 90806 Business E-Mail Address: getlotattuSelnayinanet Telephone: 562)599-5841 STATE LIC#688650 State Contractor's License No. and Class: A O19, n31 License Expiration Date: �'j/ i ! Z State Dept. of Industrial Relations (DIR) Registration No.: DIR#1000003331 State Dept. of Industrial Relations (DIR) ,�"' Registration Expiratioi Date:/ (p :jp ;;.6 Signed: Title: .urtis P Brown III President 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. PALP 1NC DBA Name of Firm EXCEL PAVING COMPANY Signature of BIDDER Gt�l.E�i __.. er Title Curtis P. Brown III President (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 ) T _ Curtis P. Brown III ,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 pc;etipOrt PALP, INC IDDA EXCEL PAVING COMPANY 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 ny other person. 1- , i.�..®_ Fords P. Brown III ls+ President Sigh tune of Bidder Subscribed and sworn to before me this day of JAN u 0 2024 20 Signature of officer Administerin ath otary Public) 6.COVINOTON COMM.42339602 ua� °a `; Notary Public-California ¢ . >k !'t' LOS ANGELE5 COUNTY u. My Comm.Expifes Dee 8,2024 City of Santa Ana RFP 23-182 Page A3-7 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate'verifies only the identity of the individual who signed the document'to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On JAN 3 0 2G24 before me, R. Covington, Notary Public g'fere mnoalT name ands ne or to moo 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/axe subscribed to the within instrument and acknowledged to me that he/sbreltktey executed the same in hishittrakair authorized capacity(ies), and that by his/bsthbair signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY urider the laws of the State of California that the foregoing paragraph is true and correct. R.COVINGTON II WITNESS myhand and official seal. ) COMM.N2339692 i Notary Public-California u LL i lNS UNTY Gomm.OSAGELE Expires DnrCO 3,2024 Notary Public Signature (Notary Public Seal) ♦---- - 4 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT llneeded,should be completed and attached to the document Achnowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary (Tulle or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. (Title or desodptien of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(•) who personally appear at the time of _ • notarization, CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural tones by crossing off incorrect forms(i.e. he/she/they;is late)or circling the correct forms.Failure to correctly indicate this ❑ Individual(a) information may lead to rejection of document recording. XX Cornorate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines,If seal impression smudges,re-seal if a (Title) sufficient areapewits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document, Other 4• Indicate title or type of attached document,number of pages and date. ❑ 3 %Meats the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,(20,Sectary). 2015 Version www.NotaryClasses.corn 800.873-9855 • Securely attach this document to the signed document with a staple. 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; %a%of the bid or$10,000,whichever is greater o Buildings,parks,or other projects: '/a%of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations(DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Elecnor-Belco Name Ace Fence License #/Exp. 738518; 07/2024 License#/Exp. 996577;09/2025 DIR Reg.#/Exp. 1000004804; 06/2025 DIR Reg.#/Exp. 1000004092; 06/2025 Location Chino,CA Location La Puente,CA Phone 909-993-5470 Phone 626-333-0727 Type Of Work electrical Type Of Work fence Amount$ $478,900.00 Amount$ $20,050.00 Name Superior Pavement Markings Name License #/Exp. 776306;08/2025 License#/Exp. DIR Reg.#/Exp. 1000001476;06/2025 DIR Reg.#/Exp. License # License# Location Cypress,CA Location Phone 714-995-9100 Phone Type Of Work striping Type Of Work Amount$ $5,000.00 Amount$ Name Name License #/Exp. License#/Exp. DIR Reg.#/Exp. DIR Reg.#/Exp. License # License# Location Location Phone Phone Type Of Work Type Of Work Amount$ 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. SEE ATTACHED 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. (LOP . CS kerA both km Ps.PP 0AorPr ik 10D Met) -7)61.3 0140 City of Santa Ana RFP 23-182 Page A3-9 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TI€REE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. SEE ATTACHED I. 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. Mlk na oiaW a et tls txi4° 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 Appr nticeship Council. Signed: dGe F! - 96- urtis P. Brown III President Title: PALP, INC MA Firm: EXCEL PAVING COMPANY Date: JAN 3 0 2024 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 art of the compensation to which he/she is otherwise entitled. Signed: - 44, rt -, 94- Ci is P. Brown III President Title: Firm; PAT, INC 15I3A COMPANY X©1 L PAVING COM1 Date: JAN ° 0 ZO2i 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 V If the answer is yes, explain the circumstances in the following space. N/A ff City of Santa Ana RFP 23-182 Page A3-13 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)REOUIREMENTS 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 Worlcs Construction Permit and required deposit described in Section 2-2ayy1 the Notice of Inviting Bids. Signed: Title: Cu is P. Brown Ill President MLR, INC b13A Firm: EXCEL PAVING COMPANY Date: JAN 3 0 2024 City of Santa Ana RFP 23-182 ✓ Page A3-14 Fq =akRf° 'q� R � 'NM 8 BBsdsaB@ : g as^. � srfilnkitki 6oR@ fREf!BagfR � IP : ! 84Y W- I �Qa 'c7GG l C�Rar�6 ' q Isa : 'EE :I'3 g„c-0-5& 5II _ € Pi lilt ! !1lir ; 2jI!'Il!t !t In! PI giumm 0 !ink i HARI m !!!!!! !Thp , , , , u ,u i i II J!I !11 t ffi ] J. '. . 1 ,,, cejj ill 11IE1 110 'e 11 6 : L 11,i �� R Ti i' -; . / . : . ,. i litt MI! I 1 11111 IlL 1 11111 'll 1 F Hi_ , r3,_ I 1 I MI ! !1!1! :°' , 111111111 ill aye Ye F G !!!! ! B $ 11 ilhi dill 4115 is I 1 d El . 1 L J' h ; Ja ,. 113 III Hi I i 1 1 - I I! / i / I ! i 1 i - I' i+ i 11 ?I! _.� - M ;'rr PIj I : ! i iii�isE ® I > { Igii IN: filliyypp yy p _ p pyy pp gg■■ pp �j�j- ■■ p ppy a App ��{{ yy xx `` �,1RR pp CC aap11ppppR11pp-5 �Cl ~7.Eilifil6i1111 ielitalliPE 11 `:ensi MI A111E1LIII111mellI IE11P1111Ra __,.....1.14,1 PALP, INC. _ JCHRISTIANSON '4CORCP CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) `-.------ 5/31/2024 _ 1 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 su .h endorsement(s). eCONT_�C1 II` r s i g n ;d PRODUCER NR,M�LJI 6nV\y/ HUB International Inrtft;1j_llcg ' °E oN 4695 MacArthur Court arc,No,Ext): (A/C,No): Suite#600 )DRESS: ///yyyNewport Beach,CA 92 As 1R v 6�I mAER tee v e d o NAIL# INS,3ER A. ITCO Gen I Insurance Corporation 20095 INSURED INSU •Gr at Ame Al r.. c=,•- pa•, ,• 16691 Palp,Inc.D:h, xcing m\/ CI LI .; INsu ate. 2230 Lemo ill n URER D Long Bea. , - _ INSURt F1 .3 7.31 -8 0-0' COVERAGES CERTIFICATE NUMBEF.: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CLP3744561 6/1/2024 6/1/2025 DAMAGE TO RENTED 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRCOT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: EB AGGREGATE $ 2,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 000 (Ea accident) $ X ANY AUTO X X CAP3744560 6/1/2024 6/1/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X Al EitiCaWONN5 (Per accident)p AMAGE $ $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE TUE 3414395 04 6/1/2024 6/1/2025 AGGREGATE $ 1,000,000 DED I RETENTION$ _ $ A WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N X WC3744562 6/1/2024 6/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ Mandatory in NH)EXCLUDED? N I A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:Excel Job#5979;RFP#23-182;Santa Ana Annual On-Call Contract. glaipwv/auaiwv/wcwv City of Santa Ana,it's officers,officials,employees,and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. This insurance shall apply as Primary and Non-Contributory per attached endorsement. Waiver of Subrogation for General Liability,Auto Liability and Workers'Compensation:See Attached Endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO\ f City of Santa Ana ACCORDANCE WITH THE POLICY PR( Risk MansgententDivision 20 Civic Center Plaza(M-30) g,"'-"`_ P.O.Box 1988 : REVIEWED&APPROVEDBY: • Santa Ana,CA 92702-1988 AUTHORIZED REPRESENTATIVE ` � �o' Aa O �� Risk Management Specialist cfd{�6GldL I / ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD