HomeMy WebLinkAbout19E - REQUEST FOR PROPOSALS FOR ON-CALL DEMOLITION SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2012
TITLE
REQUEST FOR PROPOSALS FOR ON-
CALL DEMOLITION SERVICES
IK- L4??
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms
to provide on-call demolition services for Capital Improvement Projects.
DISCUSSION
The Public Works Agency (PWA) oversees the right-of-way (ROW) acquisition for a variety of
street widening projects included in the Capital Improvement Program (CIP). Several CIP street
widening projects are underway, including two phases of Bristol Street and Grand Avenue.
Acquisition, relocation, and other ROW-related services are provided by professional consultants
specializing in those fields. The PWA has contracted with these firms annually to provide the City
with assistance in obtaining the necessary ROW for various street widening projects. Demolition
services are needed to remove structures and site improvements to make them ready for
construction. The demolition contract will expire shortly and the PWA needs to issue a Request for
Proposals (RFP) to qualified firms in the demolition services specialty area in order to maintain
project schedules and to meet State funding requirements for the Bristol Street Widening Project:
3rd to Civic Center (Phase II).
Staff is requesting City Council approval to issue a Request for Proposals (Exhibit 1) to qualified
consulting firms, soliciting proposals to provide the required services.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
19E-1
Request for Proposals For
Demolition Services For CIP Projects
February 6, 2012
Page 2
FISCAL IMPACT
There is no fiscal impact associated with seeking proposals.
Raul Godinez II
Executive Director
Public Works Agency
RG/J P
Exhibit: 1. Request for Proposal for Demolition Services
19E-2
REQUEST FOR PROPOSALS
FOR
DEMOLITION SERVICES
CITY OF SANTA ANA
PUBLIC WORKS DEPARTMENT
20 CIVIC CENTER PLAZA M-36
SANTA ANA, CALIFORNIA 92701
Due Date and Time: February 22, 2012 Before 5:00 p.m.
Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Public Works
Department, Attn: Jason Gabriel, Principal Civil Engineer, per the Submittal Instructions
Section of this RFP.
ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM February 22, 2012.
NO LATE PROPOSALS WILL BE ACCEPTED.
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City's
needs.
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TABLE OF CONTENTS
ITEM
GE
Table of Contents .............................................................................................................................2
Introduction & Background ........................................................................................................... ..3
Submittal Requirements ................................................................................................................. ..4
References ...................................................................................................................................... .. 6
Certification Form ......................................................................................................................... ..7
Submittal Instructions .................................................................................................................... .. 7
Consultant Selection ...................................................................................................................... ..7
Evaluation Procedure ..................................................................................................................... ..8
Award ............................................................................................................................................ ..8
General Information ....................................................................................................................... .. 9
The City's Affirmative Action Program ........................................................................................ ..9
Insurance Requirements ................................................................................................................. ..9
Professional Consulting Services Agreement ................................................................................ ..9
Coordination .................................................................................................................................. ..9
Right to Reject Proposals ............................................................................................................... ..9
Tentative Schedule ......................................................................................................................... 10
Prime Consultant Responsibilities ................................................................................................. 10
Delays ............................................................................................................................................
P
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rojec
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............................................................................................................................... 10
Rules for Proposals ........................................................................................................................ 10
Method of Payment ........................................................................................................................ 10
Regulations .................................................................................................................................... 10
ATTACHMENTS
Attachment 1 Scope of Work ........................................................................................................11
Attachment 2 Demolition Services Consultant Comparison Form ...............................................13
Attachment 3 Demolition Services Designation of Subcontractors Form .....................................16
Attachment 4 Demolition Services Consultant Experience Form .................................................17
Attachment 5 Sample Agreement for Professional Consulting Services ......................................18
Attachment 6 Certification of Non-Discrimination by Consultants ..............................................25
Attachment 7 Certificate of Liability Insurance and Additional Insured Endorsement ................26
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REQUEST FOR PROPOSALS (RFP)
FOR
DEMOLITION SERVICES
INTRODUCTION AND BACKGROUND
The City of Santa Ana is soliciting proposals from professional consulting firms to provide
Demolition Services required for various Public Works Road Projects. The City of Santa Ana
is planning various road widening and intersection projects on an as-needed basis. These
projects include, but are not limited to: various phases of the Bristol Street Widening Project
and the Grand Ave Widening Project from First St to Fourth St.
From the proposals received, it is the City's goal to select one or two firms for these services.
The actual number of consultants to be selected will depend on the availability of qualified
firms, evidenced by the proposal process. The City will enter into separate agreements
with each of these firms. Work will be assigned by Contract Task Orders. As tasks are
identified, they will be distributed among these firms based upon their ability to perform the
required work within the project schedule and budget constraints. The fee and a detailed
scope of work will be outlined when a specific task is assigned to a consultant. The City
reserves the right to distribute the work in any manner which will best serve the City's
interests.
Other Requirements
In addition to the requirements set forth in the City's Sample Agreement for Professional
Services, there may be other requirements imposed on a per project basis, especially for
certain federally funded projects. Any such City requirement shall be provided to
Consultant prior to obtaining a proposal for such a project.
The City of Santa Ana's Sample Agreement for Professional Services is included herein as
ATTACHMENT 5. The initial agreement term will be three (3) years, plus two (2) one-year
option terms for a total of up to five (5) years. The City intends to award multiple contracts
from this solicitation. Services will be performed under separate Contract Task Orders (CTO)
issued following contract award. Within the general Scope of Work shown in ATTACHMENT
1, the City will, at its sole discretion, issue CTO's for specific tasks. CTO award will be based
upon factors such as (1) experience in and understanding of the task, (2) capacity of the firm
to perform the CTO work within the required time frame given on-going commitments to other
work, (3) reasonableness and affordability of the price. There is no guarantee that any firm
awarded a contract will receive a minimum amount of work through CTO's.
Prevailing Wages
CTO's issued under the Agreements awarded from this RFP may be funded under a financial
assistance contract by the U.S. Department of Transportation, and as such will be subject to
all conditions of the Davis-Bacon Act (40 U.S.C. 276a) and the Labor Code of the State of
California commencing in Section 1770 et. seq. It is required that all mechanics, laborers and
technicians subject to prevailing wages in their performance of services under the
Agreements be paid not less than the current basic hourly rates of pay and fringe benefits.
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Wage schedules are available at the City's Offices or on the internet at:
• www.dir.ca.qov/DLSR/statistics research.html
• http://www.wdol.gov/dba.aspx#0
Consultants shall utilize the relevant prevailing wage determinations in effect on the date the
CTO proposal request was received. In the event there are any differences between the
minimum wage rates as determined by the United States Secretary of Labor and those
determined by the State of California, the highest rate must be paid.
SUBMITTAL REQUIREMENTS
This Request for Proposals is intended to assess each Consultant's general capabilities
as they would apply to the City of Santa Ana and to evaluate specific responses to
each Specialty Area and the expected scope of work. In order to maintain uniformity with all
proposals furnished by Consultants, it is hereby requested the proposals be limited to a
maximum of 30 pages (excluding front and back covers, section dividers, resumes and
required forms). Proposals shall be typed with a standard 12 point font, double spaced and
submitted on 8'/2" X 11" paper using a single method of fastening. Charts and schedules may
be included in 11" X 17" format.
Consultant must address each of the following items in their response to this RFP•
1. Technical Proposal
a. Qualifications, Related Experience and References of Consultant
This section of the proposal should establish the ability of Consultant to satisfactorily
perform the required work by reasons of: experience in performing work of a similar
nature; demonstrated competence in the services to be provided; strength and stability
of the firm; staffing capability; work load; record of meeting schedules on similar
projects; and supportive client references. The Consultant shall:
(1) Provide a brief profile of the firm, including the types of services offered; the
year founded, form of the organization (corporation, partnership, sole
proprietorship); number, size and location of offices; and number of employees.
(2) Provide a general description of the firm's financial condition and identify any
conditions (e.g., bankruptcy, pending litigation, planned office closures,
impending merger) that may impede Consultant's ability to complete the project.
(3) Describe the firm's experience in performing work of a similar nature to that
solicited in this RFP, and highlight the participation in such work by the key
personnel proposed for assignment to this project. Describe experience in
working with the various government agencies identified in this RFP.
(4) Identify subcontractors by company name, address, contact person, telephone
number and project function. Describe Consultant's experience working with
each subcontractor.
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(5) Provide as a minimum three (3) references for the projects cited as related
experience, and furnish the name, title, address and telephone number of the
person(s) at the client organization who is most knowledgeable about the work
performed. Consultant may also supply references from other work not cited in
this section as related experience (See ATTACHMENT 3).
b. Proposed Staffing and Project Organization
This section of the proposal should establish the method, which will be used by the
Consultant to manage the project as well as identify key personnel assigned. The
Consultant shall:
(1) Provide education, experience, and applicable professional credentials of
project staff.
(2) Furnish brief resumes (not more than two [2] pages each) for the proposed
Project Manager and other key personnel.
(3) Indicate adequacy of labor resources utilizing a table projecting the labor-hour
allocation to the project by individual task.
(4) Identify key personnel proposed to perform the work in the specified tasks and
include major areas of subcontract work. Include the person's name, current
location, proposed position for this project, current assignment, level of
commitment to that assignment, availability for this assignment and how long
each person has been with the firm.
(5) Include a project organization chart, which clearly delineates
communication/reporting relationships among the project staff.
(6) Include a statement that key personnel will be available to the extent proposed
for the duration of the project acknowledging that no person designated as "key"
to the project shall be removed or replaced without the prior written concurrence
of the City.
c. Work Plan
Consultant should provide a narrative, which addresses the Scope of Work, and
shows Consultant's understanding of City's needs and requirements. The Consultant
shall:
(1) Describe the approach to completing the tasks specified in the Scope of Work.
The work plan shall be of such detail to demonstrate the Consultants ability to
accomplish the project objectives.
(2) Outline sequentially the activities that would be undertaken in completing the
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tasks and specify who would perform them.
(3) Furnish a project schedule for completing the tasks in terms of elapsed weeks
from the project commencement date.
(4) Identify methods that Consultant will use to ensure quality control as well as
budget and schedule control for the project.
(5) Identify any special issues or problems that are likely to be encountered in this
project and how the Consultant would propose to address them.
(6) Consultant is encouraged to propose enhancements or procedural or technical
innovations to the Scope of Work that do not materialy deviate from the
objectives or required content of the project.
d. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP, segregating
"technical" exceptions from "contractual" exceptions. Where Consultant wishes to
propose alternative approaches to meeting the City's technical or contractual
requirements, these should be thoroughly explained. If no contractual exceptions are
noted, Consultant will be deemed to have accepted the contract requirements as set
forth in ATTACHMENT 5.
e. Cost and Price Proposal
As part of the cost and price proposal, the Consultant shall submit Demolition Services
Consultant Comparison Form (ATTACHMENT 2), to provide the services for the
subject property task described. Consultant shall complete Demolition Services
Designation of Subcontractors Form (ATTACHMENT 3) and shall complete the
Demolition Services Experience Form (ATTACHMENT 4) included with this RFP, and
furnish any narrative required to explain the prices quoted in the schedules. The
Agreement will have a per work order type of payment provision. The consultant shall
submit a total project cost in response to individual project scope of work. Each Total
Project Cost will have an estimated price, and the consultant shall exercise due
diligence to perform its work within the estimated price.
2. Appendices
Information considered by Consultant to be pertinent to this project and which has not
been specifically solicited in any of the aforementioned sections may be placed in a
separate appendix section. Consultants are cautioned, however, that this does not
constitute an invitation to submit large amounts of extraneous materials. Appendices
should be relevant and brief.
REFERENCES
Provide a minimum of three (3) references for similar projects performed only within the past
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five (5) years. Include the project cost and year of completion, along with the client's
name, address, phone number and email address. Rank them in order according to
their similarity to the City of Santa Ana Public Works Department Projects and your
understanding of the general scope of work. Describe the project or type of work
provided for each reference.
CERTIFICATION FORM
Complete and include the Certification of Non-Discrimination by Consultants form
(ATTACHMENT 6) with your proposal.
SUBMITTAL INSTRUCTIONS
Submit five (5) bound copies of your proposal signed by a company official with the power to
bind the company in its proposal before 5:00 PM on or before February 22, 2012.
Proposals must be clearly and submitted to:
City of Santa Ana, Public Works Department
Attn: Jason Gabriel, Principal Civil Engineer
20 Civic Center Plaza M-36
Santa Ana, CA 92701
CONSULTANT SELECTION
The response to this Request for Proposal shall contain documentation of Consultant's
credentials and expertise pertaining to your specialty in this field. Substantial consideration
will be given to Consultants with demonstrable and documented experience in similar work.
Proposals will be evaluated on the basis of the qualifications, abilities, and responsiveness of
the proposing Consultant.
The City of Santa Ana has established a Consultant Selection Committee to evaluate
Consultant's proposals. The evaluation of each proposal will be based on technical criteria
and qualifications listed within the RFP, reference checks, and other information which will be
gathered independently. The following general selection criteria will be used to evaluate
each consultant firm:
1. Qualifications of the Firm -30%
Technical experience in performing work of a closely similar nature; experience
working with public agencies; strength and stability of the firm; strength, stability
experience and technical competence of subcontractors; assessment by client
references.
2. Staffing & Project Organization - 30%
Qualifications of project staff, particularly key personnel and especially the Project
Manager; key personnel's level of involvement in performing related work cited in
"Qualifications of the Firm" section; logic of project organization; adequacy of labor
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commitment; concurrence in the restrictions on changes in key personnel.
3. Work Plan - 20%
Depth of Consultant's understanding of City's requirements and overall quality of work
plan; logic, clarity and specificity of work plan; appropriateness of labor distribution
among the tasks; ability to meet the project deadline; reasonableness of proposed
schedule; utility of suggested technical or procedural innovations.
4. Cost and Price - 20%
Reasonableness and affordability of the proposed hourly rates and other direct costs
compared with other offers received. Adequacy of data in support of figures quoted;
reasonableness of individual task budgets; basis on which prices are quoted.
EVALUATION PROCEDURE
An evaluation committee will be appointed to review all proposals received for this RFP. The
committee is comprised of City staff and may include outside personnel. The committee
members will evaluate the written proposals using criteria identified in Consultant Selection
above. A list of top ranked proposals, firms within a competitive range, will be developed
based upon averaging of the committee members' scores for each proposal. During the
evaluation period, the City may interview some or all of the proposing firms.
At any time during the evaluation process, and before or after selection for award, the City
may negotiate contract terms with some or all Consultants, and expressly reserves the right
to negotiate with several Consultants simultaneously, and thereafter to award a contract to
the Consultant or Consultants presenting the most favorable terms to the City. Consultants
may also be asked to submit a Best and Final Offer (BAFO). The BAFO will include, but not
necessarily be limited to, additional information, confirmation or clarification of issues, and
submission of a final cost/price proposal.
At the conclusion of the evaluation process, the evaluation committee will recommend to the
appropriate Board Committee, the Consultant with the highest final ranking or a short list of
top ranked Consultants within the competitive range The Board Committee will review the
evaluation committee's recommendation and forward its decision to the full Board of Directors
for final action.
AWARD
The City Council will consider the recommendation of staff and may approve contract award
or modify the recommendation.
The City reserves the right to award its total requirements to one Consultant or to apportion
those requirements among several Consultants as the City may deem to be in its besl
interest. In addition, negotiations may or may not be conducted with Consultants; therefore,
the proposal submitted should contain the Consultant's most favorable terms and conditions,
since the selection and award may be made without discussion with any Consultant.
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GENERAL INFORMATION
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City's needs.
THE CITY'S AFFIRMATIVE ACTION PROGRAM
It is the policy of the City of Santa Ana to ensure that minority, women, and other
disadvantaged and small businesses can fairly compete for and perform on all the City of
Santa Ana's contracts and subcontracts. In accordance with the City of Santa Ana's Federal
financial assistance agreements with the U.S. Department of Transportation and Caltrans,
the City of Santa Ana will comply with Title 49 CFR Part 26; Participation by Disadvantaged
Business Enterprises in Department of Transportation Programs. Please complete the
Certification of Non-Discrimination by Consultants Form (included herein as ATTACHMENT
6), and submit as an attachment with each of your proposals. Further DBE requirements may
be provided to consultants on a per project basis for applicable projects.
INSURANCE REQUIREMENTS
A Certificate of Liability Insurance and Additional Insured Endorsement for Commercial
General Liability Policy Forms are enclosed for your reference as ATTACHMENT 7. Please
refer to the Sample Agreement for Professional Services (ATTACHMENT 5) for the
necessary amounts of general liability, automotive, worker's compensation and professional
liability insurance. The certificate shall include the City and its officers and employees as
insured or additional insured.
PROFESSIONAL CONSULTING SERVICES AGREEMENT
A Sample Agreement for Professional Services is enclosed for your review, as
ATTACHMENT 5. The RFP and the Consultant's proposal will be attached and become part
of the agreement as exhibits. Be prepared when submitting a proposal to approve the
Sample Agreement for Professional Services in this Request for Proposals
COORDINATION
The City will decide the manner in which the coordination of individual matters is undertaken.
At the City's option, coordination efforts may be performed by the Consultant's direct contact,
by the Consultant acting through the City or by the City only. When coordination efforts
require agreements, such agreements shall be coordinated through the City.
RIGHT TO REJECT PROPOSALS
City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any contract will be awarded pursuant to this RFP or otherwise.
All costs incurred in the preparation of the proposal, the submission of additional information
and/or any aspect of a proposal prior to award of a written contract will be borne by the
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respondent. The City will provide only the staff assistance and documentation specifically
referred to herein and will not be responsible for any cost or obligation of any kind, which may
be incurred by the respondent. All proposals submitted to City shall become property of the
City.
TENTATIVE SCHEDULE
The City's tentative schedule for this RFP is as follows:
Proposal due February 22, 2012
Estimated Contract Award March 19, 2012
PRIME CONSULTANT RESPONSIBLITIES
The selected Consultant will be required to assume responsibilities for all services in his/her
proposal. The selected Consultant will be the sole point of contact with regard to contractual
matters, including payment of any and all charges resulting from the Agreement.
DELAYS
The City reserves the right to delay schedule dates if it is to the advantage of the City of
Santa Ana.
PROJECT CONTROL
Control of the project shall remain the total responsibility of the City of Santa Ana
RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person, persons, company or
parties interested in the proposal as principals are named therein; that the proposal is made
without collusion with any other person, persons, company or parties submitting a proposal;
that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of
the proposal has full authority to bind the principal proposer.
METHOD OF PAYMENT
The Consultant shall submit a monthly invoice to the City for the services rendered in that
month. The invoice shall include a detailed breakdown of the services, the project title, the
tasks, the hours, and hourly rates.
REGULATIONS
The selected Consultant shall be expected to comply with all applicable federal, state, city
regulations, and contract provisions.
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ATTACHMENT 1
SCOPE OF WORK
DEMOLITION:
Contractor is responsible for the payment of all applicable permits required by the City of
Santa Ana.
Contractor is responsible for demolishing all improvements, including but not limited to:
foundations and footings, slabs, basement, detached garage and all landscaping. Contractor
is also responsible for clearing the site, grading the parcel for drainage, importing and
exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density.
All work is to be done in accordance with all applicable federal, state and local regulations,
standards and codes governing demolition and any other trade work done in conjunction with
the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of
completion should be submitted for City's files prior to the Contractor receiving payment.
The Contractor shall supply all necessary labor, materials, services, insurance, permits, and
equipment to carry out the work in accordance with all applicable federal, state, and local
regulations. The Contractor at all times shall keep the Project site free from accumulation of
waste materials or rubbish caused by the Contractor's operations. At the completion of each
trade of the work, and at final completion prior to contractor submitting the final invoice,
Contractor shall remove all waste materials, and rubbish from and about the project as well
as tools, construction equipment, machinery, and surplus materials.
Asbestos Abatement:
The work described herein consists of removal and disposal of ALL asbestos containing
materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with
all applicable federal, state and local regulations, standards and codes governing asbestos
and any other trade work done in conjunction with the abatement. Results of any testing that
identify asbestos containing materials will be provided by the City. It is the responsibility of
the Consultant to determine if any additional asbestos removal is required in addition to the
surveys.
Lead:
The provided report indicates that lead was not detected at concentrations in excess of 600
parts per million (ppm) in any of the samples collected. However, the Contractor shall take all
necessary precautions and follow all OSHA's guidelines required in the handling of lead
contained materials if any are detected. Please refer to the Lead Hazard Evaluation Report.
Copies of all notifications must be submitted to City including, abatement contractors license,
map and/or clear documentation specifying asbestos containing materials abated; completed
waste manifests; and a completion letter indicating that all asbestos containing materials from
these properties have been abated and properties are ready to be demolished.
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Rat and/or Vermin Abatement:
Contractor, prior to performing demolition, is responsible for providing rat and/or vermin
abatement. Written certification stating that such work was performed, and that the
structures were free of infestation prior the demolition taking place will need to be provided to
our office as part of the demolition completion package.
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ATTACHMENT 2
DEMOLITION SERVICES CONSULTANT COMPARISON FORM
Consultant shall complete this form and include it along with the Designation of
Subcontractors Form (Attachment 2) and Experience Form (Attachment 3) described below
in a sealed fee envelope. This comparison is based upon demolition services required for the
subject project site described below. This form will be used for fee comparison purposes
only.
SUBJECT PROJECT SITE DESCRIPTION:
828 N. Bristol Street: A two story commercial structure. Contractor is responsible for
demolishing all improvements, including but not limited to: foundations and footings, slabs,
basement, detached garage and all landscaping. Contractor is also responsible for clearing
the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping
all sewer lines, and compacting to 90% density.
Please refer to the Exhibit 1 attached for site reference. Price provided below shall be an all-
inclusive price and shall include all items listed and cover all items or work identified above to
deliver a clear site with no remaining improvements.
Item Description
Tntni ('nct
Permitting * $ 1,500
Engineering $
Site Fencing $
Canopy BMP's/Erosion Control Plan $
Asbestos/Hazardous Abatement * $ 25,000
Interior Demolition $
Exterior Wall/Building/Foundation Demolition $
Sitework Demolition $
Total Price $
* Assumed Prices of Asbestos/Hazardous Abatement and Permitting Costs
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Exhibit 1
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Exhibit 1
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ATTACHMENT 3
DEMOLITION SERVICES DESIGNATION OF SUBCONTRACTORS FORM
PART I - LIST OF KEY PERSONNEL
Names Functions
PART II - LIST OF SUBCONSULTANT/SUBCONTRACTORS
Subcontractor Name/Address I Function
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ATTACHMENT 4
DEMOLITION SERVICES CONSULTANT EXPERIENCE FORM
Number of years as a contractor in projects of this type:
List of last three contracts performed which show experiences in work of a nature
similar to that covered in this proposal. If none, so indicate.
1.
2.
3
Title or Description of Work Date Completed Contract Amount
Name, Address, and Telephone No. Of Agencies Who Awarded Contracts and
Contact Person:
1.
2.
3.
State of California Contractor's License No.:
Contractor's License Expiration Date:
Bidder's Name:
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ATTACHMENT 5
SAMPLE AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT, made and entered into this day of , 2012 by and between
(hereinafter "Consultant"), 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
(hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of real
estate appraisal services.
B. Consultant represents that it is able and willing to provide a such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in Consultant's Proposal, attached hereto as
Exhibit ( ) and incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Consultant shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but not
limited to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material shall be the property of the City, and may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
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copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope
of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish, translate,
reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Fee Schedule. The total sum to be expended under this
Agreement shall not exceed $ during the term of this Agreement.
b. Payment by City shall be made within thirty (30) 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.
4. TERM
This Agreement shall commence on the date first written above and terminate on ,
unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be
extended upon a writing executed by the Executive Director of Public Works and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant 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 Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
the following: single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance
shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions.
Page 19 of 27
19E-21
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned,
hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability
for worker's compensation or to undertake self-insurance. Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
Such termination shall not effect Consultant's right to be paid for its time and materials expended prior
to notification of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, 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 direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief
is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
costs for special counsel to be selected by the City, regarding any action by a third party challenging
the validity of this Agreement, or asserting that personal injury, damages, just compensation,
Page 20 of 27
19E-22
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.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. 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 facsimile 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
facsimile (714) 647-6956
With courtesy copies to:
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
and
Page 21 of 27
19E-23
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant:
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 facsimile, 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.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
Page 22 of 27
19E-24
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as
the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance specified
in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
15. 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.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in writing of
her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
Page 23 of 27
19E-25
N
///
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
PAUL WALTERS
Interim City Manager
CONSULTANT
(NAME)
(Title)
Page 24 of 27
19E-26
ATTACHMENT 6
CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that
it does not discriminate in its employment with regard to race, color, religion, sex, or national
origin; that it is in compliance with all federal, state and local directives and executive orders
regarding non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities
for minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company
employees, outside recruiting services, especially those servicing minority
communities, and to the minority communities at large.
FIRM
NAME
PRINTED NAME
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
Page 25 of 27
19E-27
ATTACHMENT 7
ACORD. CERTIFICATE OF LIABILITY INSURANCE o 13i I
Pt1ODIICIEII THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTWICATE DOES NOT AMEND. EXTEND OR
ALTER L
INSURERS AFFORDING COVERAGE
INSURER A: _
NSIA?ER 8
INSURER C, ..
INSURER Q
THE POLICIES OF NSLNW CE LISTED BELOW HAVE SEEN ISSLIED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATE D. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE P04JCIES DESCRIBED HEREIN IS SUSIECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LPAITS SHOWN MAY HAVE BFFN RrrX R:FA IRV PAn (XA",
TYRE OF M/Rl11Wf.E ?OI.ICY'kAR1EH1 POL ICY EFFECIWE POLICY ERMATION Laws
GENERAL LIAiIUTY ..
x111111111 01101/2001 01101MIX12 EAc..+-OccuRRewcH s TOOD,000
X_MERGAL GENERAL LIABILITY ` -•. _... ?.
FIREDAIAAGE(Any"f-ro 5 50,000
CLMISMADE :.X..t OCCUR LrEUExp onb,penr?n' S 5,000
PE I riY, s 1.000.000
i,....i ncuco.AGGREGATE r 2 nm nnn
DUE IN' . A00REGATE LIMIT APPLES PER:
f POLICY I X IT I + L
ILUTONIOW" LIAENt1V I X7?"7M?
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTO
HIRED AUTOS
N040YMED AUTOS
5 -CONIPOP AGG
01101!2001 0110112002 COMOWCO CW40M LIMIT S
BODILY INJURY I
(P'Irc perkm;
` L/D,'LYINJVRY S
(161 aocWent)
PROPERTY DAw uc-
- SEE ATTACHED ADDITIONAL 'tP?;
(RAMm uAmm AUTO ONLY. EA ACCIDENT S
ANY AUrC. INSURED ENDORSEMENT 07HER THAN
I?
AUTO ONLY
F ?
_I OCCUR 7CLAIMS IlAOE
COVERAGES DEPEND ON TYPE .EACH c!'
AGGREGATE
DEDUCTIBLE OF AGREEMENT/CONTRACT
RETENTION
( IYOIIIEIq 0011114 ATION AND
OFPLO-MV LkAMILITY ' XXX.333333333 0110112001 01A)112002 X Tw?C
R'SIw
1.000.000
E.L. DISEASE. EA EMPLOYEE S 1.000.000
-POLICY LIMIT, 1,000.000
Professorial Liability ( PL444444 I 0110112001 0110112002 Each Occuffarx* i.ODD.000
EEfCINI'MM OF OPOPATK*U&OCAT10MWSI ICLUAXCLU OIM ACCW BY
CeMkate Holder is additional insured per attached.
Praiect No
CERTWICATE HOLDER
I
SHOI" ANY OF THE ASOME 01100 *11111110 MOMS W CANCELLED EEFO WTHE I!XpmTKa
City of Santa An
a DATE THOI6OF. TIE often IILlHIIEIt wou BIOEAYOR TC INK 30 om-A YRGrm
n
1?
70 C:ivit. rAnter Plaza - Ross Annex (M- > 0001" TO THE CIONTIFICATE HOUM NAMED TD 111E LUT, 11PIT FMLLME TO 00 EO SHALL
Santa Ana, CA 92701 atFOEE ND ORATION OR LIASLITY OF ANY KEIO UPON THE LNKINER. IT$ AO&/YE OR
ATIM.
?rrwrv sc_c .mow. ?. AUTNONI>!SO HiiRElB(TATIVE
IF Fk%oW J 4UMFUKAT-WN IVU
Page 26 of 27
19E-28
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional
insured's ("additional insured's") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or
on behalf of the named insured, such insurance as is afforded by this policy is primary and is
not additional to or contributing with any other insurance carried by or for the benefit of the
additional insured's.
3. This insurance applies separately to each insured against whom claim is made
or suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or
organization -would have as a claimant if not so included.
4. With respect to the additional insured's, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
Page 27 of 27
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19E-30