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HomeMy WebLinkAboutItem 14 - Public Works Building and Facilities Plumbing Contractors Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Public Works Building and Facilities Plumbing Contractors AGENDA TITLE Aggregate Agreements for Plumbing Contractor Services (Specification No. 25-070A) (General Fund & Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Elegant Construction, Inc., Pacific Plumbing Company of Santa Ana, Pro-Craft Construction, Inc., and Verne's Plumbing, Inc. for plumbing contractor services for a shared aggregate amount not-to- exceed total amount of$2,012,500, for the term beginning October 7, 2025 and expiring October 6, 2028, with provisions for one, two-year extension (Core Agreement No. A- 2025-XXX). GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Parks, Fleet, Facilities, and Refuse Services Division oversees City-owned facilities and parks that require general plumbing repair services, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease interceptors, drain cleaning, and other plumbing work as needed. Public Works staff perform a variety of plumbing work in-house, such as repairing leaks, replacing faucets, unclogging sinks and toilets, etc. However, many of the existing plumbing systems are complex, requiring specialized expertise and equipment that typically cannot be performed or provided by in-house staff, such as gas line repairs, backflow testing, and storm drain pump replacements. Establishing aggregate plumbing contractor service agreements supplements staff's capabilities and ensures timely, efficient, and code-compliant repairs to urgent plumbing needs by licensed professionals. The City currently budgets an average of$200,000 annually for plumbing repairs, modifications, and renovations. Due to increased material costs, the addition of new Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 2 public facilities and park restrooms, and the aging conditions of existing facilities, staff projects expenditures may increase to approximately $402,500 annually. Additionally, this contract will be utilized to replace old drinking fountains with new water bottle filling stations in public spaces to promote the City's award-winning water, conservation (Plastic Waste Reduction), and substitution of bottled water for public drinking water which is an implementation action of the City's general plan, mobility element. Invitation for Bids (IFB) No. 25-070A was issued on June 10, 2025 on the City's online bid management and publication system, PlanetBids. A summary of vendor participation and results are as follows: 115 Vendors notified 12 Santa Ana vendors notified 23 Vendors downloaded the bid packet 4 Responsive proposals received 1 Proposal received from Santa Ana vendors Bids were opened on July 1, 2025, and evaluated (Exhibit 1). Four proposals were submitted by the IFB deadline and were all deemed to be responsive to the specifications and met the City's requirements. Local Outreach Efforts The Purchasing Division advertised this IFB on PlanetBids, which directly notified 12 Santa Ana vendors. Three Santa Ana vendors downloaded the IFB and one submitted a bid for consideration. The bids submitted by Elegant Construction, Inc., Pacific Plumbing Company of Santa Ana, Pro-Craft Construction, Inc., and Verne's Plumbing, Inc. were determined to all be responsible and responsive to the City's specifications for this IFB. Each of these vendors has demonstrated proven expertise in providing plumbing repair services for the City, consistently meeting or exceeding performance expectations. Their reliability and capability have been key in supporting the City's infrastructure and parks. Staff recommends the approval of the recommended action for all four vendors to be on the City's list of qualified vendors of a shared aggregate not-to-exceed total amount of $2,012,500 for all four agreements (Exhibits 2-5) to ensure faster response times and flexibility in addressing specialized needs or emergencies. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 3 FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2025-26. Subsequent funding for the extension option, if exercised, will be included in future proposed budgets for City Council consideration. Accounting Fund Accounting Unit, Fiscal Year Unit —Account Amount # Project No. Description Account Description Current Budget Building Maintenance, 07317100- Building Maintenance & Repair $75,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $7,500 62320 Center Maintenance & Repair Buildings & Ground Park Maintenance 01117651- General Fund Service Enhancement, $63,750 62320 Maintenance & Repair Buildin s & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $56,250 2025-26 Professional (Oct-Jun) 01114403- Building & Facility, 62300 General Fund Contract Services- $18,750 Professional 06017641- Water System 62300 Water Maintenance, Contract $9,375 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $11,250 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, $60,000 62300 Service Contract Services - Professional Future Budget 2026-27 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $100,000 Buildings & Ground Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 4 Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $15,000 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $100,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 2027-28 Buildings & Ground 01 1 1 7607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 5 07417655- Civic Center 62320 Civic Center Maintenance, $15,000 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $25,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $2,500 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $21,250 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $18,750 2028-29 Professional (Jul-Sept) 01114403- Building & Facility, 62300 General Fund Contract Services- $6,250 Professional 06017641- Water System 62300 Water Maintenance, Contract $3,125 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $3,750 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Service, Contract 62300 Collection Services — $20,000 Service Professional Optional One, 2-Year Extension: 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $75,000 2028-29 Buildings & Ground (Oct-Jun) Regional PWA— SARTC 06717650- Transportation Operations, $7,500 62320 Center Maintenance & Repair Buildings & Ground Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 6 Park Maintenance 01117651- General Fund Service Enhancement, $63,750 62320 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $56,250 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $18,750 Professional 06017641- Water System 62300 Water Maintenance, Contract $9,375 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $11,250 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $60,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $100,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 Buildings & Ground 2029-30 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional 07417655- Civic Center Civic Center 62320 Maintenance Maintenance, $15,000 (26-6001) Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 7 Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $25,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $2,500 62320 Center Maintenance & Repair Buildings & Ground Park Maintenance 01117651- General Fund Service Enhancement, $21,250 62320 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $18,750 2030-31 Professional (Jul-Sept) 01114403- Building & Facility, 62300 General Fund Contract Services- $6,250 Professional 06017641- Water System 62300 Water Maintenance, Contract $3,125 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $3,750 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Service, Contract 62300 Collection Services — $20,000 Service Professional TOTAL $2,012,500 EXHIBIT(S) 1. Abstract of Bids (25-070A) 2. Agreement with Elegant Construction, Inc. 3. Agreement with Pacific Plumbing Company of Santa Ana 4. Agreement with Pro-Craft Construction 5. Agreement with Verne's Plumbing, Inc. Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 8 Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 ABSTRACT OF BIDS Plumbing Contractor Services (Bid No. 25-070A) BIDDER LOCATION TOTAL Elegant Construction, Inc. Irvine, CA $ 1,788 Pacific Plumbing Company of Santa Ana Santa Ana, CA $ 2,094 Pro-Craft Construction, Inc. Redlands, CA $ 2,698 Verne's Plumbing, Inc. Buena Park, CA $ 2,085 AGREEMENT WITH ELEGANT CONSTRUCTION,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Elegant Construction, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 the term of the Agreement, including any extension periods. 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 for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES 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 Iiability 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. OWNERSIFIIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, Page 2 of 10 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations, 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers,officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VI1, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three(3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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 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 I 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 Page 5 of 10 Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement, including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(c) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 or indirect financial benefit or interest in this Agreement, c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. c. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and (c) above. 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. Page 7 of 10 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the Following persons; To City: City Cleric City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Elegant Construction, Inc. Attn: Hazem Almassry, Vice President 15375 Barranca Parkway, Suite J-103 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ELEGANT CONSTRUCTION,INC. City Attorney By: Kyle I>l�lesen Hazem Alm sry Assistant City Attorney Vice President RECOMMENDED FOR APPROVAL: Rodolfo Rosas, . Acting Executive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES r�r SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 . , SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2)working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("GARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roadd iesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 EXHIBIT B COMPENSATION ATTACHMENT A EXHIBIT -`� BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. No. DESCRIPTION PER HOUR Hourly Rate for Regular Business Hours: 150 1 Monday through Friday, 8:00am —5:00 m $ 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 190 Hourly Rate for Emergency After Business Hours: 190 3 Monday through Friday, 5:00 m — 8:00am $ 4 Holiday Hourly Rate $ 250 5 Weekend Hourly Rate $ 250 IFB No. 25-070A -r� ATTACHMENT A EXHIBIT BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTION PER HOUR Hourly Rate for Regular Business Hours: 110 1 Monday through Friday, 8:00am —5:00 m $ 2 After Hours Hourly Rate, 5:01 pm —7:59am $ 130 Hourly Rate for Emergency After Business Hours: 130 3 1 Monday through Friday, 5:00 m — 8:00am $ 4 Holiday Hourly Rate $ 185 5 Weekend Hourly Rate $ 185 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 18 % Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. IFB No. 25-070A 0 '',�,� ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Elegant Construction Inc Business Address: 15375 Barranca Parkway Suite J-103 Irvine, CA 92618 Southern California Address: (if different) Website Address: www.ElegantCon.com Length of time firm has been in business: 6 Years Type of business: S Corporation If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small' Santa Ana Business (7% preference) ❑"Small' Orange County Business (4% preference) ❑ Other Santa Ana Business (1% preference) Orange County City: Irvine ❑✓ None Apply Business License No: 210003025 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 1053447 DIR Registration Number: Contractor's License Classifi cation(s): A, B, C8, C12, C13, C36, C54 1000406720 PROJECT MANAGER CONTACT INFORMATION Name: Sam Alhakim Phone:949-630-6029 Email: sam@elegantcon.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Hazem Almassry Phone: 949-771-5136 Email info@elegantcon.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. N Vice president / CFO Signature Title Attachment B City of Santa Ana/Purchasing Page 1 of 2 i AGREEMENT WITH PACIFIC PLUMBING COMPANY OF SANTA ANA TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Pacific Plumbing Company of Santa Ana, a California corporation("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency, B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation, Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 the term of the Agreement, including any extension periods. 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 for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et sett., 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 nonexclusive and perpetual license for City to copy, use, Page 2 of 10 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. if Contractor maintains broader coverage and/or higher limits than the minimum requirements for each Iine of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. S. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City, Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current AM. Best rating of no less than A:Vll, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claim-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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 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 snake 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 2792.8, 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 Page 5of10 Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement, including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (e) 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 a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City finds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 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 Iocal 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. Page 7 of 10 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United. States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Plumbing Company of Santa Ana Attn: David Zech, President 615 E. Washington Avenue Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PACIFIC PLUMBING COMPANY City Attorney By: l��G Kyle ellesen David Zech Assistant City Attorney President RECOMMENDED FOR APPROVAL: C odol o Rosas, P Actin x ive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES P .. t SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 EXHIBIT B COMPENSATION EXHIBIT 1 ATTACHMENT A w BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. DESCRIPTI • HOUR : Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am— 5:00 m $ 160 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 240 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 240 4 Holiday Hourly Rate $ 320 F-5 . Weekend Hourly Rate $ 240 City of Santa Ana IFB No. 25-070A Page 21 of 22 -er} ATTACHMENT A EXHIBIT 1 BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTION PER�HOIJR Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00 m $ 120 2 After Hours Hourly Rate, 5:01 pm —7:59am $ 180 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 180 4 Holiday Hourly Rate $ 240 5 Weekend Hourly Rate $ 180 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 15 % Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. City of Santa Ana IFB No. 25-070A Page 22 of 22 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Pacific Plumbing Company of Santa Ana Business Address: 615 E. Washington Ave, Santa Ana, CA 92701 Southern California Address: (if different) Website Address: www.pacificplumbingsocal.com Length of time firm has been in business: 96 years Type of business: Corporation If incorporated, CA (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small" Santa Ana Business (7% preference) 104395 ❑ "Small" Orange County Business (4% preference) Orange County City: Santa Ana ❑ Other Santa Ana Business (1% preference) ❑ None Apply Business License No: 602689 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s):266807 DIR Registration Number: Contractor's License Classification(s): A,B,C4,C20,C36,C42,C 16 1000009561 PROJECT MANAGER CONTACT INFORMATION Name: Jim Bette Phone: 714-547-6967 Email:Jimb@PP• socal.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Jenna Zech Phone. 714-547-6967 Email:jennaz@ppsocal.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. ?�e President &CEO Signature Title Attachment B City of Santa Ana/Purchasing Page 1 of 2 AGREEMENT WITH PRO-CRAFT CONSTRUCTION,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Pro-Craft Construction, Inc.,a Cal ifornia corporation("Contractor ),and the City of Santa Ana,a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7,2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor,materials, tools,equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services-Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four(4) Contractors selected under IFB 25-070A.The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand,Five Hundred Dollars($2,012,500)during Page 1 of 10 the term of the Agreement,including any extension periods. 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 for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and I770, et seq., as well as California Code of Regulations, Title S, 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 $I,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, Page 2 of 10 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,estimates,and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents &Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance with existing limits,which can be less than$1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance provisions The above required insurance policies are to contain or be endorsed to contain the following provisions; 1. CGL and AL policies: City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment,and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. S. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(la)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M.Best rating of no less than ANII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 before work begins.However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis; 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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 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 Page 5 of 10 Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3)years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Contractor disclosed in a publicly available source; (c)is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 or indirect financial benefit or interest in this Agreement, e, The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b)and(c)above. 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 wade by any party,or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. , Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the Iaws 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 Page 8 of 10 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid,or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana,California 92702 To Contractor: Pro-Craft Construction,Inc. Attn: Christopher McFayden, President/CEO 500 Iowa Street Redlands,CA 92373 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal,state,County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PRO-CRAFT CONSTRUCTION, INC. City Attorney BY: Kyle Nellesen Christopher McFayden Assistant City Attorney President/CEO - - RECOMMENDED FOR APPROVAL: Cap od Ifo Rosas, P cting Executive Director Public Works Agency Page 10 of 10 EXHIET A SCOPE OF SERVICES == SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1)additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required.The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four(24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work.At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean"or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies.The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2)working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: 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: httos://ww2.arb.ca.gov/sites/default/files/barcu/regacU2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 EX MIT B COMPENSATION ATTACHMENT A EXHIBIT 1 BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. ME-000 Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00 m $226.98 2 After Hours: Hourly Rate, 5:01 prn —7:59am $285.89 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m —8:00am $334.73 4 Holiday Hourly Rate $334.73 5 Weekend Hourly Rate $334.73 City of Santa Ana IFB No. 25-070A Page 21 of 22 EXHIBIT 1 ATTACHMENT A LT'�} BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage WE Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am —5:00 m $155.17 2 After Hours Hourly Rate, 5:01 pm—7:59am $235.78 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m—8:00am $258.10 4 Holiday Hourly Rate $258.10 5 Weekend Hourly Rate $258.10 Percentage Mark up for Materials, Supplies, and Parts (for _F exercisable renewal options) 15% Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. City of Santa Ana IFB No. 25-070A Page 22 of 22 ATTACHMENT B l 1 BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Pro-Craft Construction, Inc. Business Address: 500 Iowa Street, Redlands.CA 92373 Southern California Address: (if different) Website Address: procraftci.com Length of time firm has been in business: 20+Years Type of business: Corporation If incorporated, CA (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small" Santa Ana Business (7% preference) 349992 ❑"Small" Orange County Business (4% preference) ❑ Other Santa Ana Business (1% preference) Orange County City: ❑✓ None Apply Business License No: PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s):467234 DIR Registration Number: Contractor's License Classification(s): C36, C34, B, Al C42, C2, C16 1000001106 PROJECT MANAGER CONTACT INFORMATION Name:Jonathan Demers Phone:909.790-5222 Ema":estimating@procraftci.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Roxanne Greenwood Phone:909-790-5222 Email:contracts@procraftci.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terns :.ind conditions. Christopher hlcFayden, President/CEO Signature Title Attachment B City of Santa Ana/ Purchasing Page 1 of 2 AGREEMENT WITH VERNE'S PLUMBING,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Verne's Plumbing, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services- Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation, Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 the term of the Agreement, including any extension periods, 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 for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below, 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et sea., 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. b. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the Iegal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with Iimits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. .Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1.,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be, less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1, CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. G. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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 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 I 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 Page 5 of 10 Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and(c) above. B. 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. Page 7 of 10 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION T VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City; City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Verne's Plumbing, Inc. Attn: Lawrence J. Verne, President 8561 Whitaker Street Buena Park, CA 90621 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO VERNE'S PLUMBING,INC. City Attorney By: Kyle lesen 4rence J. Verne Assistant City Attorney President RECOMMENDED FOR APPROVAL: C dolfo Rosa , E. s� Acting Ex utive ctor Public Wo gency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES (9) SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 ' SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.odf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 EXHIBIT B COMPENSATION i ATTACHMENT A EXHIBIT I BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited_ to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. • • Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00pm $ 135 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 270 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 270 4 Holiday Hourly Rate $ 270 5 Weekend Hourly Rate $ 270 IFB No. 25-070A ATTACHMENT A EXHIBIT I w BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTIONo Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am —5:00 m $ 95 2 After Hours Hourly Rate, 5:01 prn—7:59am $ 190 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5.00 m — 8:00am $ 190 4 Holiday Hourly Rate $ 190 5 Weekend Hourly Rate $190 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 15 % Note: Include all miscellaneous costs in Regular, HolidayA/Veekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. IFB No. 25-070A ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Verne's Plumbing, Inc. Business Address: 8561 Whitaker Street, Buena Park, CA 90621 Southern California Address: (if different) Website Address: vernesplumbing.com Length of time firm has been in business: 36 Years Type of business: Corporation If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small' Santa Ana Business (7% preference) 336109 ❑ "Small" Orange County Business (4% preference) o Orange County City: Buena Palk [I Other Santa Ana Business (1 /o preference) ✓❑ None Apply Business License No: BL-002055 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 674077 DIR Registration Number: Contractor's License Classification(s): B, C34 & C36 1000000472 Exp. 6/30/2028 PROJECT MANAGER CONTACT INFORMATION Name: Eric Verne Phone: 714-994-1971 Email: eric@vernesplumbing.com Ext.110 CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name:Shari C. Ferguson Phone: 714-994-1971 Email: shari@vernesplumbing.com Ext.108 BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. Lawrence J. Verne, President Signature Title Attachment B City of Santa Ana/Purchasing Page 1 of 2