HomeMy WebLinkAboutItem 21 - Purchase Order Contract for Fleet Air Compressor System Replacement Public Works Agency
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 4, 2026
TOPIC: Purchase Order Contract for Fleet Air Compressor System Replacement
AGENDA TITLE
Purchase Order Contract to Premo Construction, Inc. for Fleet Air Compressor System
Replacement (Specification No. 26-031) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $157,960 of spendable fund
balance in the Equipment Maintenance-Garage Operation, Prior Year
Carryforward revenue account, and appropriate the same amount into the
Equipment Maintenance-Garage Operation, Machinery & Equipment expenditure
account. (Requires five affirmative votes)
2. Award a purchase order contract to Premo Construction, Inc. to replace the fleet
air compressor system for a total estimated cost of $157,960, which includes
$143,600 for the purchase order contract and $14,360 for unanticipated or
unforeseen work.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency Municipal Services Division (PWA) is responsible for the
acquisition, maintenance, repair, and replacement of City vehicles, trucks, and
maintenance equipment. Many of these activities rely on compressed air systems to
support routine maintenance and repair operations. Fleet Services utilizes a centralized
air compressor system to operate essential shop equipment, including vehicle lifts,
pneumatic tools, tire service equipment, and other maintenance devices.
The existing air compressor system has reached the end of its useful life and is
experiencing increased reliability and maintenance issues. Replacement of the system
is necessary to ensure the continued efficient and reliable operation for the Fleet
Services maintenance facility.
Purchase Order Contract for Fleet Air Compressor System Replacement
August 4, 2026
Page 2
Invitation for Bids (IFB) No. 26-031 was advertised on May 14, 2026 on the City's online
bid management and publication system, PlanetBids (Exhibit 1). A summary of vendor
participation and results is as follows:
1373 Vendors notified
2 Santa Ana vendors notified
26 Vendors downloaded the bid packet
4 Bids received
0 Bids received from Santa Ana vendors
Bids were opened on June 11, 2026 and evaluated (Exhibit 2). Four bids were
submitted by the IFB deadline and all four were determined to be responsive to the
specifications and met the City's requirements.
Staff recommends awarding a purchase order contract to the lowest responsive bidder,
Premo Construction, Inc. Premo Construction, Inc. has successfully completed projects
for the City within the past two years, including the Bus Stop Improvements Project. The
contractor has also successfully completed construction projects for other public
agencies, including a well project for the City of Huntington Beach and a modular
temporary housing project for the City of Newport Beach. These projects demonstrate
the contractor's experience working with public agencies and the ability to successfully
deliver construction projects of varying scope and complexity. Based on the vendor's
successful project history and positive references, staff has determined that Premo
Construction, Inc. is qualified to perform the required work. Award of the purchase order
contract will allow for timely replacement of the Fleet Services air compressor system
and help ensure the continued reliability of equipment necessary to maintain the City's
fleet.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
With the approval of the requested appropriation adjustment, a portion of the
accumulated fund balance will be appropriated for spending in the Equipment
Maintenance-Garage Operation, Machinery & Equipment expenditure account (No.
07517100-66400). The spendable portion of the fund balance is estimated at
$2,012,170 as of June 30, 2026, which is sufficient to allow for the recommended
appropriation of$157,960. Any remaining balances not expended at the end of the
fiscal year will be presented to City Council for approval of carryovers into Fiscal Year
2027-28.
Purchase Order Contract for Fleet Air Compressor System Replacement
August 4, 2026
Page 3
Accounting Unit
Fiscal Fund Accounting Unit,
Year —Account No. Description Account Description Amount
Project No.
APPROPRIATION ADJUSTMENT
Equipment Maint-
2026-27 07517100-66400 Fleet Garage Operation, $157,960
Maintenance Machinery &
E ui ment
TOTAL $157,960
EXHIBIT(S)
1. IFB 26-031 Air Compressor System Replacement
2. Abstract of Bids (No. 26-031)
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency
Approved By: Alvaro Nunez, City Manager
Exhibit 1
CITY OF SANTA ANA
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INVITATION FOR BID (IFB) NO. 26-031
FOR
AIR COMPRESSOR SYSTEM REPLACEMENT (REBID)
KEY IFB DATES: The schedule below is tentative and subject to change at the discretion of
City, with appropriate notice to prospective Bidders.
Issue Date: Thursday, May 14, 2026
Optional Pre-Bid Meeting Tuesday, May 26, 2026, 2:00 P.M.
Deadline for Questions: Thursday, May 28, 2026, 2:00 P.M.
Bid Due Date: Thursday, June 11, 2026, 2:00 P.M.
BID CONTACT:
Jacques Lam
JLam@santa-ana.org
714-647-5489
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TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. DELIVERY REQUIREMENTS AND LOCATION(S)..................................................................... 3
IV. OPTIONAL PRE-BID MEETING & JOBWALK............................................................................. 3
V. BONDS .......................................................................................................................................3
VI. TIME FOR COMPLETION OF WORK & LIQUIDATED DAMAGES.............................................4
VII. GENERAL BID INFORMATION................................................................................................... 5
Vill. BID RESPONSE INSTRUCTIONS..............................................................................................7
IX. TERMS AND CONDITIONS........................................................................................................8
X. INSURANCE REQUIREMENTS.................................................................................................. 8
XI. AWARD PROCEDURES & CRITERIA........................................................................................ 8
XII. ALTERNATIVES..........................................................................................................................9
XV. ADDITIONAL TERMS AND CONDITIONS.................................................................................. 9
EXHIBITS:
Exhibits provided for Bidders'reference only. These ore not to be included with bid submittal.
EXHIBIT 1: SPECIFICATIONS
EXHIBIT 2: SAMPLE TERMS& CONDITIONS
EXHIBIT 3: INSURANCE REQUIREMENTS
ATTACHMENTS(Required with Bid submittals):
ATTACHMENT A: BID FORM
ATTACHMENT B: BIDDER'S CERTIFICATION
ATTACHMENT C: REFERENCES
ATTACHMENT D: DEBARMENT QUESTIONNAIRE
ATTACHMENT E: NON-LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: NON-COLLUSION AFFIDAVIT
ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
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CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and
encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking bids from qualified vendors (Bidders) to remove two (2) existing
air compressors and provide and install two (2) new Quincy QGSV-30 Rotary Air Compressors for Public
Work Agency's Fleet Services. See EXHIBIT 1 for complete Specifications.
The term "Vendor", "Bidder", "Firm", "Contractor", and "Consultants" shall refer to any legal entity or
entities submitting a bid in response to this Invitation for Bid (IFB).
III. DELIVERY REQUIREMENTS AND LOCATION(S)
All materials to be delivered to Corporate Yard to be coordinated with City staff for location of deliveries.All items
to be delivered during City Corporate Yard hours of operation.
City of Santa Ana Corporate Yard
215 S.Center St.
Santa Ana,CA 92703
Delivery Hours: 7:30 AM-5:00 PM
Delivery Days: Monday- Friday
Contractor work is to be performed during City hours of operation listed above. Under special circumstances,work
can be scheduled at different times or days with approval from City Project Manager. Unless authorized by City
staff, no weekend or holiday work.
IV. OPTIONAL PRE-BID MEETING &JOBWALK
An optional pre-bid meeting and jobwalk will be held on the date and time specified on the cover page
of this IFB.
Location of meeting: Fleet Maintenance, 215 S. Center St., Bldg.J, Santa Ana, CA, 92703
V. BONDS
When deemed necessary by the City, Bid Bonds shall be furnished by all Bidders in the amount of at least
10% of the bid, to guarantee that Bidders will enter into contract to furnish goods at prices stated. A
Performance Bond shall be required of the successful Bidder when stated in the Specification. Certified
or Cashier's check or Money Order may be submitted in lieu of either Bond. Failure to submit acceptable
Payment and Performance Bonds as required shall result in a rejection of the bid and a forfeiture of the
proposal guarantee.
The following Bonds are required:
City of Santa Ana IFB No.26-031 Page 3 of 37
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1. BID BOND (All Bidders):A Bid Bond is required for this bid.The value of the Bid Bond shall be 10%of
the bid amount.The Bid Bond upon a form provided by Bidders'surety company or a certified check
payable to the City of Santa Ana and drawn on a solvent bank of the United States of America, is
required with the bid. Responsive bids shall include the following:
• A scanned copy of the Bid Bond included with the electronic bid, uploaded and submitted by
the bid submission deadline.
• The original hard copy of the Bid Bond shall be submitted to the Purchasing Office at the
address listed below by the three lowest Bidders, as a guarantee that the Contractor, if
awarded a contract,will execute and deliver such contract to the City.
Bidders with the three(3)lowest bids shall submit to the City the original Bid Bond or Certified Check
within three (3) business days of the bid due date. Failure to submit the original check or Bidder's
bond shall result in the bid being declared non-responsive.The City reserves the right to contact the
next-lowest Bidder(s)in the case that the apparent three(3) lowest Bids are deemed non-responsive,
and require submittal of the original Bid Bond or Certified Check. Bidders are solely responsible for
monitoring bid results on PlanetBids after the deadline for bid submittals,and for complying with this
requirement.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
City of Santa Ana—Finance& Management Services (M16)
Attn: Jacques Lam
20 Civic Center Plaza
Santa Ana, CA 92701
Documents shall be clearly labeled in a sealed envelope or box as follows:
IFB 26-031:Air Compressor System Replacement(REBID)
Note: All deposits will be held until a Contract has been executed with the successful
Bidder or all bids have been rejected. The Certified Check received from Bidders in lieu of a
bid bond will be returned upon the City's awarding of a contract. It is the Bidder's
responsibility to request and coordinate the return of any bid bonds or certified checks.
2. FAITHFUL PERFORMANCE BOND(Awarded Contractor Only):A Faithful Performance Bond is required
for this bid. The value of the performance bond shall be 100% of the contract price. Upon award, a
Bidder must provide the City with a copy of the executed bond guaranteeing Bidder's faithful
performance of all provisions of the contract.
VI. TIME FOR COMPLETION OF WORK& LIQUIDATED DAMAGES
Contractor shall complete work specified herein within sixty (60) working days after the issuance of the
contract.
The City will assess liquidated damages at the rate of$500 per calendar day that the Contractor exceeds
the specified date of completion.
City of Santa Ana IFB No.26-031 Page 4 of 37
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CITY OF SANTA ANA
VII. GENERAL BID INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded
to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms,
shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form
of submittal will be accepted, except as expressly provided below.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an
e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was
submitted successfully. The City will only receive and consider those proposals that were transmitted
successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.
An exception to the foregoing requirements may be considered only when a Proposer can
demonstrate, to the City's satisfaction, that its inability to timely submit a proposal through
PlanetBids was the direct result of an error, omission, or failure attributable to the City or the City's
contractors. In such circumstances, the Proposer must still submit its complete proposal
electronically via email to the City prior to the RFP due date and time in order to be considered
responsive, unless there is a documented and verifiable system-wide issue clearly attributable to the
City that prevents such electronic submission.The Proposer must provide written documentation or
other credible evidence substantiating that the delay or failure was caused by the City or its
contractors.The City reserves sole discretion to determine whether the exception applies.
Except for the limited exception described above, the Proposer shall be solely responsible for
informing itself with respect to the proper utilization of the bid management system, for ensuring
the capability of their computer system to upload the required documents, and for the stability of
their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be
at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals.
Proposers experiencing any technical difficulties with the bid submission process may contact
PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City's
assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission deadline.
All notifications, updates and addenda will be posted online on PlanetBids at
https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for
monitoring the site to obtain information regarding this solicitation. Failure to respond to required
updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION/CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Bidders who are considering submitting a bid in response to this
IFB,or who submit a bid in response to this IFB, are only to communicate with the assigned Buyer(s),
and no other City staff about this IFB from the date this IFB is issued until a contract is awarded.The
City will provide all official communication concerning this IFB in writing via the City's Bid
Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or
contact that occurs outside the official communication process specified herein, unless confirmed in
writing by the designated Buyer(s).
City of Santa Ana IFB No.26-031 Page 5 of 37
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C. INVITATION FORINFORMATION OR CLARIFICATION/QUESTIONS
Questions regarding this IFB shall be submitted via PlanetBids no later than the date and time shown
at the schedule of key IFB dates on the cover page of this IFB. Responses to all questions will be
posted on PlanetBids at least three (3) business days prior to close of the IFB. No verbal requests or
responses will be accepted.
Significant interpretations or clarifications will be addressed via addenda to this IFB, which will be
released and posted on PlanetBids under the "Addenda/Emails"tab.
D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's IFB and/or Contract terms and conditions must be submitted by the
deadline for questions.Such requests should include an attachment in Word or PDF format on formal
company letterhead that shows the requested modifications. Should the Bidder be considered for
award recommendation and progress into the negotiations phase, the requests for exceptions or
modifications to the City's terms and conditions will be discussed at that time.The City will not accept
any requests after the deadline for questions and reserves the right to reject or strike any requests
for exceptions or additional terms and conditions related to Agreement, IFB, and insurance and
indemnification terms and conditions.
E. ADDENDA
Any changes in IFB from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids
system, https://vendors.planetbids.com/portal/20137/portal-home. Bidders shall be responsible for
monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING BID
It is the responsibility of each Bidder to inquire about any criteria, condition, term, provision, or
requirement of the IFB that the Bidder does not understand. Responses to inquiries, if they
significantly change or clarify the IFB requirements or any aspect of the procurement
process, will be forwarded by addenda to all Bidders. The City will not be bound by any oral
responses to inquiries. By submitting bids, Bidders assert that they have fully read the IFB and any
addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm
that the terms and conditions stated therein are fully understood and are acceptable to the Bidder.
Each Bidder accepts the terms and conditions of the Contract Documents and indicates their ability
and willingness to perform the requested services under such terms and conditions. Any exceptions
to the terms and conditions set forth in the Contract Document shall be submitted to the City by the
deadline to submit requests for information or clarification/questions set forth herein.
G. WITHDRAWALS
Bidders are responsible for verifying all prices and information before submitting a bid.
Prior to the bid due date, the Bidder or Bidder's representative may withdraw the bid by providing
written notice of the bid withdrawal to the Buyer(s). Verbal or telephonic withdrawals are not
permissible.
H. PROTEST PROCEDURES
Only respondents who have actually submitted a bid may file a "protest"to an IFB with the City's
Purchasing Department. In order for a Bidder's protest to be considered valid,the protest must:
City of Santa Ana IFB No.26-031 Page 6 of 37
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1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of IFB
Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the
protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review
the basis of the protest and all relevant information. The decision from the Purchasing Manager, or
her/her designee, is final and no further appeals will be considered.
I. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use
the terms of this Contract, subject to Contractor's acceptance.The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and another
public agency.
J. BUSINESS LICENSE
The City requires any person, including but not limited to, an individual, corporation, Contractor,
Subcontractor, and Sole Proprietor who wishes to conduct any business within the City of Santa Ana
must secure a City of Santa Ana business license prior to the execution of a contract. The awarded
party shall maintain a current business license throughout the term of the resulting contract.
Procedure to obtain a City of Santa Ana business license is available by contacting the Finance and
Management Services Agency at (714) 647-5447 or on the City's website www.santa-ana.org.
VIII. BID RESPONSE INSTRUCTIONS
The following forms, included in this IFB,shall be signed and included as part of the bid submittal package:
• ATTACHMENT A: BID FORM
• ATTACHMENT B: REFERENCES
• ATTACHMENT C: REFERENCES
• ATTACHMENT D: DEBARMENT QUESTIONNAIRE
• ATTACHMENT E: NON-LOBBYING CERTIFICATION
• ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
• ATTACHMENT G: NON-COLLUSION AFFIDAVIT
• ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
• ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
• BID BOND PER IFB SECTION V BID BONDS
• ONLINE PRICE SUBMITTAL AT"LINE ITEMS"TAB ON PLANETBIDS
City of Santa Ana IFB No.26-031 Page 7 of 37
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The bid must be completely responsive to the IFB. Incomplete bids will be deemed as nonresponsive
and will be rejected. The City reserves the right to reject any or all bids submitted and no representation
is made hereby that any commitment will be awarded pursuant to this IFB or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized
to contractually bind the Bidder.
• Attachment G:Non-Collusion Affidavit must be notarized.
IX. TERMS AND CONDITIONS
See Exhibit 2—TERMS AND CONDITIONS
X. INSURANCE REQUIREMENTS
See Exhibit 3—Insurance Requirements
XI. AWARD PROCEDURES& CRITERIA
A. Award: The following criteria will be included in the evaluation process for selection of the award
recipients(s):
1. Ability to meet specifications;
2. Proposed price;
3. Delivery lead time;
4. Past record of performance in providing similar services; including such factors as timely
response and cooperation.
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all
bids, to cause re-soliciting of the bids, or to take such other course of action as the City deems
appropriate at the City's sole and absolute discretion. The City shall endeavor to award contract to
the lowest, responsive, responsible Bidder.
B. Local Preference Points: The City encourages the utilization of small, local businesses on projects ranging
from $15,000 to $100,000 in total cost.
1. For the purposes of evaluation, bids will be reduced by seven (7%) percent for small Santa Ana
businesses for projects between $15,000 and $100,000 in total cost.
2. For the purposes of evaluation, bids will be reduced by four(4%) percent for small Orange County
businesses for projects between $15,000 and $100,000 in total cost.
Per City of Santa Ana Ordinance NS-2828, "In order for the preference to apply, a bidder must certify
under penalty of perjury, that the bidder qualifies as a local business or Orange County business. The
preference is waived if the certification does not appear on the bid." Additionally, respondents must
provide a copy of their Department of General Services small business certification in order to qualify for
Local Preference Points.The City does not accept small certifications from any other agency.
C. Selection: The City is under no obligation to accept any bid and reserves the right to negotiate with
respondents as to fees and terms. The City may reject bids at its sole discretion. If bid fails to satisfy any
requirements outlined in this IFB, it may be considered non-responsive and may be rejected.
City of Santa Ana IFB No.26-031 Page 8 of 37
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CITY OF SANTA ANA
The City shall not be obligated to accept the lowest priced bids, but will make awards in the best interests
of the City after all factors have been evaluated. The review committee will recommend the qualified
Bidders to the City Council or City Manager for award of contract, as appropriate.
XII. ALTERNATIVES
All bids with material substitutions or deviations from the specified items will be rejected as non-
responsive. Bidders must submit a request for pre-approval of any equivalent, equal, alternative, or
changes by following the directions for questions described above, prior to the deadline to submit
questions. The City has the option of accepting or rejecting any proposed alternative and any bid that
includes alternatives. Brand names, if any, are given for quality control only. Bids on "equals" are
encouraged, however,the Bidder must give evidence of equal utility and quality by providing specification
sheets and description of products proposed as alternatives for each line item, and a description of the
request on company letterhead.
XIII. PRICING REQUIREMENTS
Bidders must supply all bid items and provide unit prices for all items listed in this IFB, including any
shipping/handling fees. Bid proposals that do not include all items listed may be deemed non-responsive.
1. Prices shall be FOB Destination Santa Ana
2. Prices must not include sales tax.
3. 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.
4. Fees for delivery, shipping and handling, and freight (if any) must be noted.
XIV. TAX
The City is exempt from Federal Excise Tax. Do not include sales tax in your unit prices. Bidder shall show
as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be
included in during the evaluation of bids.
XV. ADDITIONAL TERMS AND CONDITIONS
A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the
prevailing rate of per diem wages in dollars, based on a working day of eight hours,for each craft or
type of worker or mechanic needed to execute any construction or maintenance contract,which may
be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the
Department of Industrial Relations are incorporated herein by reference and may be accessed at
http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial
Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and
1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for
selecting the craft/classification of workers which will be required to perform this service in
accordance with the Contractor's method of performing the work.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720,et seq.,and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirement on "public works" and "maintenance" projects. Since the services are being performed
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as part of an applicable"public works"or"maintenance" project,as defined by Prevailing Wage Laws
and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem
wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the
prevailing rates of per diem wages for each craft, classification or type of worker needed to execute
the Services available to interested parties upon request, and shall post copies at the Contractor's
principal place of business and at the job site. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed
on a bid for a public works project (submitted on or after March 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from
this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or
subcontractor may be awarded a contract for public work on a public works project(awarded on or after
April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted
electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable
codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply,and shall ensure all subcontractors comply,with all applicable requirements
of the most current version of the regulations imposed by California Air Resources Board ("CARB")
including, without limitation, all applicable terms of Title 13, California Code of Regulations Division
3, Chapter 9 and all pending amendments ("Regulation").
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor's and its
subcontractors' fleets including, without limitation, the Certificates of Reported Compliance
("CRCs"),fuel/refueling records, maintenance records,emissions records,and any other information
the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2)
calendar days' notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation
as well as for any and all penalties,fines, damages, or costs associated with any and all violations, or
failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the
City, its officials, officers, employees and authorized volunteers free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the
Regulation.
E. SITE INSPECTIONS
When appropriate, Bidders are encouraged to examine the locations, physical conditions and
surroundings of the proposed work sites on their own to determine the extent to which these factors
will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor
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from fulfilling the obligations of the Contract. The City shall assume that Bidders have investigated
and are satisfied with the expected conditions, quality of the work to be performed, and the
requirements of these specifications.
F. SAMPLES
When required, Bidder shall furnish samples of items free of expense to the City, and if not destroyed
by test may, upon request made at the time the sample is furnished, be returned at the Bidder's
expense.
G. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of
construction involved and materials and techniques specified.
H. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-
usable material resulting from the work under this Contract and shall be disposed of at the
completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance
with the Resource Conservation and Recovery Act and all other applicable federal, state, and local
laws and regulations.
I. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations
and must maintain appropriate hazardous material transportation and handling certifications and
licensing as applicable.
J. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract is
performed in strict compliance with all applicable Federal, State and local occupational safety
regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and
protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. Contractor shall identify all known potential hazards related to the work performed and
train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor,their employees and subcontractors shall follow all safety rules and safe work
practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards
found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to
be utilized on site in the performance of work.
f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the
performance of their work.
Safety Indemnification:To the extent allowed by law,the Contractor agrees to defend, indemnify
and hold harmless the City, its officers, employees and agents from and against any and all
investigations, complaints, citations, liability, expense (including defense costs and legal fees),
claims and/or causes of action for damages of any nature whatsoever, including but not limited
City of Santa Ana IFB No.26-031 Page 11 of 37
11
CITY OF SANTA ANA
to injury or death to employees of the Contractor, its subcontractors or City, attributable to any
alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal
OSHA regulation. The obligation to defend, indemnify and hold harmless includes all
investigations and proceedings associated with purported violations of Section 336.10 of Title 8
of the California Code of Regulations pertaining to multi-employer work sites.The City may deduct
from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred
by the Agency, including legal fees and staff costs, associated with any investigation or
enforcement proceedings brought by Cal OSHA arising out of the assigned work.
K. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such
direction, in accordance with sound industrial practices, to safeguard and protect City property and
adjacent property. Damages to properties caused by Contractor's negligence shall be repaired at no
cost(both labor and material)to the City.
Contractor is responsible for advising and ensuring compliance by Contractor's employees with all
applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees. All damage reports shall be submitted to the Site Coordinator within
twenty-four(24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as
required or necessary to ensure the safety of the public, City, and Contractor's employees.
L. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by
the negligence of the contractor once hazardous waste materials are in the possession of the contractor
or transported off site.
M. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the City.
Information may include: generator EPA ID, contractor EPA ID, generator name, waste description,
manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final
disposal method utilized, quantity shipped (pounds), waste profile number, and any additional
information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and
hard copy format at all times during the term of the contract.
City of Santa Ana IFB No.26-031 Page 12 of 37
11
CITY OF SANTA ANA
EXHIBIT 1 -
SPECIFICATIONS
a. Equipment:
i. Compressors:
1. (x2)Quincy QGSV-30-12OTM VFD Air Compressor,or approved equivalent
2. Power: 30 HP @ 145.0 PSIG
3. Voltage:460/3/60
4. Airlogic 2 Controller
5. SSRV VFD Motor Starting
6. TEFC High Efficiency Drive Motor
7. Air After-cooler with Pre-Piped Moisture Separator and Drain
8. True Blue 5 Year Warranty
9. Low Sound Enclosure(66-69 dBA)
10. Phase Monitor
11. Auto Restart after Power Failure
12. Receiver Tank: 120 gallon
ii. Air Dryer:
1. (x1)ZEKS 250 HSFA4 SS Cycling Air Dryer,or approved equivalent
2. Voltage:460/3/60
3. SS Heat Exchanger
4. Compustat Controller
iii. (x1) Quincy PPFC-1000 CV-2 Flow Controller,or approved equivalent
1. Set Point Range:0-160 PSIG
2. Maximum Pressure:300 PSIG
3. Available Flow(Capacity): 1000 CFM
4. In/Out Connection: 2 inch NPT
5. Dimensions: 8.1 X 8.6 x 7.3 inches
iv. (x1)Stelsep CRS-450 Emulsion Separator,or approved equivalent
1. Advanced Filter Media
b. The Contractor shall tie into existing systems as required. No modifications or upgrades to existing air lines,drain lines,
valves, solenoids,or electrical infrastructure are included unless otherwise directed and approved by the City.
c. The system is intended to operate with:
i. One compressor as primary(lead)
ii. One compressor as secondary(lag/backup)
d. The system shall be capable of:
i. Automatic lead/lag rotation to balance runtime
ii. Operating both compressors concurrently during peak demand conditions
iii. Contractor shall ensure all equipment is properly sized and compatible with this operating
sequence
e. Equipment Removal:The Contractor shall remove existing air compressors. Payment for transportation and disposal of
excess materials and removed debris shall be considered as included in the contract,and no additional compensation
shall be made therefor.
City of Santa Ana IFB No.26-031 Page 13 of 37
(9)
CITY OF SANTA ANA
f. Equipment Installation:The Contractor shall handle the installation of the new air compressors.
g. Materials: Unless specifically indicated or provided in advance by the City,the Contractor shall provide all equipment
and materials to complete this project. No equipment, materials or personnel shall be provided by the City for this
purpose.
In the event additional labor or materials are required,the Contractor shall submit a formal quote with all materials
and labor listed.The quote shall be preapproved by the Public Works Agency prior to any work being performed and
shall be invoiced accordingly.
h. Site Protection:The Contractor shall be responsible for any damage to the existing site and restore it to its original
conditions at the Contractor's expense.
City of Santa Ana IFB No.26-031 Page 14 of 37
EXHIBIT 2 -
SAMPLE TERMS AND CONDITIONS
CONTRACTOR AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 2020 by and between
,("Contractor"),and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of:
Briefly describe expertise sought and the scope of work the consultant (engineering) services
will perform.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable
in its field and that any services performed by Contractor under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement,the tasks and obligations including all
labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City,
the rates and charges identified in Compensation - Exhibit B. The total amount to be
expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement,
including any extension periods exercised under Section 3.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or "the date first written above"] for a
City of Santa Ana IFB No.26-031 Page 15 of 37
number(#)vear term with the option for the City to grant up to a number 0-year renewals, exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 16,below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other requirements
on "public works" and"maintenance"projects. If the services being performed are part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents
free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy,use,modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in
writing that City is granted a non-exclusive and 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
A. URANCE: Prior to undertaking performance of work under this Agreement, Consultant shall
ntain 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 Consultant.
City of Santa Ana IFB No.26-031 Page 16 of 37
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering
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 $2,000,000 aggregate. Required policy limits can be met with primary and
umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto),
with limits no less than $1,000,000 combined single limits. In the event Consultant does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance.
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. Coverage is not required if Consultant has no
employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $1,000,000 aggregate.
If Consultant 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 Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or operations
performed by or on behalf of the Instructor including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. Consultant's 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 Consultant under this Agreement.
3. For any claims related to this contract, Consultant'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.
City of Santa Ana IFB No.26-031 Page 17 of 37
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant'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. 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 of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: (Name of Department Staff Responsible for Agreement), Address of Department
Responsible for Agreement, M-XX, 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
Consultant 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:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant 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 Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for 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
City of Santa Ana IFB No.26-031 Page 18 of 37
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify,hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages,just compensation,restitution,judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence,recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City,its officers,agents,representatives,and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three(3)years, or for any longer period required by law,from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement
for a period of three (3)years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also 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.
City of Santa Ana IFB No.26-031 Page 19 of 37
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age,national origin, ancestry, or disability, as defined and prohibited by applicable law,in the
recruitment, selection,training,utilization,promotion,termination or other employment related activities.
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 teens of this Agreement and any attachments hereto,the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty(30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to 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.
City of Santa Ana IFB No.26-031 Page 20 of 37
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the
provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the
breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a
waiver of any other breach, failure,right or remedy,whether or not similar,nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
18. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact,held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
21. NOTICE
Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
City of Santa Ana IFB No.26-031 Page 21 of 37
Fax: 714- 647-6956
With courtesy copies to:
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Nabil Saba, PE Sonia R. Carvalho
Executive Director, Public Works Agency City Attorney
City of Santa Ana City of Santa Ana
20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29)
P.O. Box 1988 P.O. Box 1988
Santa Ana, California 92702 Santa Ana, California 92702
Fax: 714- 647-5635 Fax: 714- 647-6515
.........................................................................................................................................................................................................................................................................................................................._......................................................................................................................................................
To Contractor:
First&Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified,with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
City of Santa Ana IFB No.26-031 Page 22 of 37
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
(name)
Assistant City Attorney (title)
RECOMMENDED FOR APPROVAL:
Nabil Saba, PE
Executive Director
Public Works Agency
City of Santa Ana IFB No.26-031 Page 23 of 37
11
CITY OF SANTA ANA
EXHIBIT 3 -
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract,and for 5 years thereafter, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives,employees,and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability(CGL). Insurance Services Office(ISO) Form CG 0001 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 $2,000,000 in the aggregate. Umbrella and excess insurance policies can be
used to meet the required limits.
2.Automobile Liability(AL). Insurance Services Office Form CA 0001 covering Code 1(any auto),with combined single limit
no less than$1,000,000.
3.Workers'Compensation (WC).As required by the State of California,with statutory limits,and Employers' Liability
insurance with a limit of no less than $1,000,000 per accident, policy,employee for bodily injury or disease.
4. Pollution Legal Liability(PLL).With limits no less than $1,000,000 per occurrence or claim,and $2,000,000 policy
aggregate.
5. Professional Liability Insurance(Errors&Omissions).With limits no less than $1,000,000 per occurrence or claim,and
$2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the
minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above,
City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under
this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the following provisions:
1. City of Santa Ana, its City Council, officers,officials,employees,agents,and volunteers are to be covered as additional
insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on
behalf of Contractor including materials, parts,and equipment furnished in connection with such work or operations and
automobiles owned, leased, hired, or borrowed by or on behalf of Contractor.Additional insured status can be provided in
the form of an endorsement to Contractor's insurance.
2. For any claims related to this project,Contractor's insurance coverage shall be primary insurance coverage as respects
City of Santa Ana, its City Council, officers,officials,employees,agents,and volunteers.Any insurance or self-insurance
maintained by City of Santa Ana, its City Council,officers, officials, employees, agents, or volunteers shall not contribute
with it.
3.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.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of
Santa Ana, its City Council, officers, officials,employees,agents and volunteers" by virtue of the payment of any loss under
such insurance. Contractor agrees to obtain any endorsement(s)that may be necessary to affect this waiver of subrogation,
but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any
insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled,suspended,voided,
reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written
notice has been given to City and ten (10)days prior written notice of policy cancellation or non-renewal due to non-
payment.
City of Santa Ana IFB No.26-031 Page 24 of 37
(9)
CITY OF SANTA ANA
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Name of Department
Staff Responsible for Agreement),Address of Department Responsible for Agreement, M-XX,Santa Ana,CA 92701.The
name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1.The retroactive date must be shown,and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of
work.
3. If coverage is cancelled or non-renewed,and not replaced with another claims-made policy form with a retroactive date
prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a
minimum of five(5)years after completion of work.
4.A copy of the claims reporting requirements must be submitted to City.
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:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by
virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation.The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all
work performed by Contractor, its employees,agents and sub-contractors.
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).A statement on a
Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to
obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City
reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required
by these specifications,at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage,
sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor,for any reason,fails to maintain insurance coverage which is required pursuant to this contract,the same
shall be deemed a material breach of contract. City,at its sole option, may terminate this contract at any time and obtain
damages from Contractor resulting from said breach.
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 circumstances.
City of Santa Ana IFB No.26-031 Page 25 of 37
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CITY OF SANTA ANA
ATTACHMENT A -
BID 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 bid is to be firm offer for no less than one hundred and eighty
(180) calendar 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.
PRICING SHALL BE ENTERED IN PLANETBIDS.
ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.
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.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT B -
BIDDER'S CERTIFICATION
LEGAL NAME OF COMPANY TYPE OF BUSINES STRUCTURE
BUSINESS ADDRESS
NAME OF AUTHORIZED AGENT TITLE
E-MAIL ADDRESS PHONE NUMBER
DIR NUMBER CONTRACTOR LICENSE NUMBER
SMALL, LOCAL BUSINESS PREFERENCE
Is your firm claiming small, local business preference for this solicitation?
C Yes, my firm is a small Santa Ana business*
C Yes, my firm is a small Orange County business**
C No, my firm is not claiming local business preference
*Small Santa Ana business shall mean a business certified by the state department of general services as a small business,
which has a substantial presence through either a headquarters or branch office within the geographical boundaries of the
city,and which headquarters or branch office was established prior to the city inviting bids for the respective procurement.
**Small Orange County business shall mean a business certified by the state department of general services as a small
business,which has a substantial presence through either a headquarters or branch office within the geographical boundaries
of Orange County, and which headquarters or branch office was established prior to the city inviting bids for the respective
procurement.
IF YOU ANSWERED YES, THEN YOU MUST SUBMIT YOUR BUSINESS LICENSE AND CA DEPARTMENT OF GENERAL
SERVICES SMALL BUSINESS CERTIFICATION WITH YOUR BID.A post office box address within the city shall not qualify
as a valid business location.
Bidder understands and agrees that this written IFB (or any part thereof specifically designated and accepted by the
City of Santa Ana,hereinafter City)shall constitute the entire agreement between Bidder and the City only after it has
been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting
hereon the action of approval of the Council,signed by the Executive Director or his duly authorized agent,and signed
by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
copy of it has been either delivered to Bidder or deposited with the United States Postal Service properly addressed
to the Bidder with the correct postage affixed thereto.
Bidder further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all
required bonds and certificate of liability insurance within ten(10)days(excluding Saturdays,Sundays and City's legal
holidays),or the funds,check, draft,or Bidder's bond substituted in lieu thereof accompanying this bid shall become
the property of the City and shall be considered as payment of damages due to the delay and other causes suffered
by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of
damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Bidder's bond
substituted in lieu thereof shall be returned to the undersigned.
Bidder understands that a bid is required forthe entire work,that the estimated quantities set forth in the IFB schedule
are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the
actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required
insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this
IFB.
Certification - I certify that I have read, understand and agree to the terms and conditions of this Invitation for
Bids. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as
specified herein. I understand and agree that I am responsible for reporting any errors,omissions or discrepancies
to the City for clarification prior to the submission of my bid.
BIDDER'S STATEMENTS: I have read, understood and agree to the terms and conditions on all pages of the
Invitation for Bids, including all Exhibits. I am able to provide the required insurance coverage and endorsements.
Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
CHECK ONE (1) BOX BELOW
❑ 1 have read, understood and agree to any and all provisions, including but not limited to insurance
requirements and terms and conditions, contained in Exhibit 2—Sample Terms & Conditions and Exhibit
3—Insurance Requirements.
❑ 1 have concerns to the provisions contained in Exhibit 2—Sample Terms and Conditions and have included
them in my bid submission for consideration.
CHECK ONE (1) BOX BELOW
Are you registered,active,and in good standing with the California Secretary of State?
❑ Yes
❑ No
Comments:
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT C -
REFERENCES
Consultant shall provide three (3) references from other similar public agencies for which services similar to
those specified in this IFB have been performed, including contact names and telephone numbers. The
respondent grants permission for the City to contact any individuals listed as references for additional
information regarding your firm's qualifications.
City may disqualify a Bidder if:
• References fail to substantiate Bidder's description of services and deliverables provided; or
• References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled
personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Bidder's responsibility to inform the
point of contact(s) of normal City working hours.
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the bid specifications.
Attach additional pages if required.
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
Email:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
Email:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
Email:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
i1
CITY OF SANTA ANA
ATTACHMENT D -
DEBARMENT QUESTIONNAIRE
The(Proposer/Bidder/Contractor/Consultant)shall complete, under penalty of perjury,the following
questionnaire:
Has the (Proposer/Bidder/Contractor/Consultant), any officer of the (Proposer/Bidder/Contractor/Consultant),
or any employee of the (Proposer/Bidder/Contractor/Consultant) who has a proprietary interest in the
(Proposer/Bidder/Contractor/Consultant), ever been disqualified, removed, or otherwise prevented from
bidding on, or completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes No
If the answer is yes, explain the circumstances in the following space:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT E -
NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or bid,to the best of his or her
knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352,Title 31, U.S.Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or bid that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
City of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
i1
CITY OF SANTA ANA
ATTACHMENT F -
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Consultant's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation,to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations,or orders,the contract may be canceled,terminated,or suspended in whole
or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided
by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency,the
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
City of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no
discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons,except as provided in Section 1420,and any consultant of public works violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
11
CITY OF SANTA ANA
ATTACHMENT G -
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any bidder, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract;that all statements
contained in the bid are true; and, further,that the bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto,or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above non-collusion affidavit is part of the bid. Signing this bid on the signature portion thereof shall
also constitute signature of this non-collusion affidavit. Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of 20 , by
proved to me on the basis of satisfactory evidence to be the person(s)who
appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT H -
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code
section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor
to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will
perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent(0.5%) of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work,the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If
further space is required for the list of proposed subcontractors, additional sheets showing the required
information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the
undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate
and install a portion of work according to detailed drawings contained in the plans and specifications in the
amount greater than one half of one percent(.05%)of the contractors total bid.Additional sheets may be attached
if needed.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount
Contractor's License Number DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor's License No: DIR Registration No:
L Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
City of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
i1
CITY OF SANTA ANA
ATTACHMENT I -
CARB FLEET COMPLIANCE CERTIFICATION
In-Use Off-Road Diesel-Fueled Fleets Regulation
The In-Use Off-Road Diesel-Fueled Fleets Regulation (Off-Road Regulation) applies to all self-propelled off-road
diesel vehicles 25 horsepower or greater used in California and most two-engine vehicles (except on-road two-
engine sweepers).This includes vehicles that are rented or leased (rental or leased fleets).
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the
option checked below relating to the Bidder's fleet,and/or that of their subcontractor(s)("Fleet")is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal
refueling methods,their attempts to procure renewable diesel fuel and proof that shows they were not able
to procure renewable diesel (i.e. third-party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto.
Bidder's Company Name (please print or type)
Signature of Bidder
Print Name
Title
DOORS ID (if applicable)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.
Gity of Santa DS THAT DO NOT CONTAIN THIS BE CONSIDERED NONRESPONSIVE.
Exhibit 1
ABSTRACT OF BIDS
NAME OF IFB (Bid No.26-031)
BIDDER LOCATION TOTAL
Premo Construction Inc Tustin, CA $ 143,600
Air & Lube Systems Inc Sacramento, CA $ 149,447
Levon Construction Group Anaheim, CA $ 155,000
R2BUILD Laguna Hills, CA $ 282,300
EXHIBIT 1