HomeMy WebLinkAbout25I - AGMT - CIP DEMO SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 5, 2014
TITLE:
AGREEMENTS WITH J &G INDUSTRIES,
INC., AND NORTHSTAR DEMOLITION AND
REMEDIATION, LP, FOR DEMOLITION
SERVICES FOR CIP PROJECTS
(NONGENERAL FUND)
CITY MA AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n' Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute agreements with J &G Industries,
Inc., and NorthStar Demolition and Remediation, LP, subject to nonsubstantive changes
approved by the City Manager and City Attorney, for on -call demolition services for a three -year
term expiring on August 4, 2017, in an amount not to exceed $400,000 each.
DISCUSSION
During the last two years, expenditures for demolition services of properties acquired for street
improvements have averaged around $325,000 per year. The City has received right -of -way
funding including demolition costs towards three segments of the Bristol Street Improvement
Project. Approval of this recommended action will give the City access to qualified demolition
contractors for the Bristol Street Project, as well as other projects approved in the City's Capital
Improvement Programs. On -call agreements fit well with the unknown timing and exact scope of
services needed.
On May 5, 2014, the Public Works Agency released a Request for Proposals (RFP) to qualified
consulting firms to provide on -call demolition services. Seven proposals were received and
evaluated by a review committee from the Public Works Agency. Each firm submitting a
complete proposal was rated according to its qualifications, experience, references, and capacity
to perform the required work. Following is the list of the top four ranked firms and the respective
scores:
NAME OF FIRM RANKING
J &G Industries, Inc. 90
NorthStar Demolition and Remediation, LP 87
National Demolition Contractors 83
C.R. Gann Demolition, Inc. 79
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Agreements for Demolition Services for CIP Projects
August 5, 2014
Page 2
Based on the ratings and experience, staff recommends that the firms of J &G Industries, Inc.,
and NorthStar Demolition and Remediation, LP, be retained for the demolition services. Services
will be used on an as- needed basis for a three year term or until the contract amount is
exhausted, whichever comes first.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy C (invest resources and technology to extend the service life of existing
infrastructure to protect the City's investment and support a high quality of life standard).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding for these on -call demolition services will be allocated as needed from various CIP projects.
APPROVED AS TO FUNDS AND ACCOUNTS:
Vii' Rb� a i5c a a
Edwin "William" alv , P.E. Francisco Gutierrez
Interim Executive Director
Executive Director
Public Works Agency Finance &Management Services Agency
Exhibits: 1. Agreement with J &G Industries, Inc.
2. Agreement with NorthStar Demolition and Remediation, LP
EWGIKN
Exhibit 1
ON -GALL DEMOLITION SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of August, 2014 by and
between,T &G Industries, Inc,, a California corporation (hereinafter "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 (hereinafter "City ")
RECITALS
A. On or about May 6, 2014, the City issued a Request for Proposal C'UP ") No. 14 -026
for on -call demolition services on an as- needed basis for projects which include but
are not limited to: various phases of the Bristol Street, Grand Avenue, and Warner
Avenue Widening Projects. Contractor was one of the companies that submitted a
proposal. The proposals were evaluated and Contractor was one of two companies
selected to provide on -call demolition services.
B. The City desires to retain a Contractor having special skill and knowledge in the field of
providing on -call demolition services.
C, Contractor represents that Contractor is able and willing to provide such services to the
City.
D. In undertaking the performance of this Agreement; Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional 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:
SCOPE OF SERVICES
Contractor shall provide on -call demolition services, as set forth in the City's Oil -Call
Demolition Services RFP #14 -026, dated May 6, 2014, attached hereto as Exhibit A, and
Contractor's Proposal, dated May 27, 2014, attached hereto as Exhibit B and incorporated by
reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in its proposal attached hereto as Exhibit B. The total
sutra to be expended tinder this Agreement shall not exceed four hundred thousand dollars and
zero cents ($400;000;00).
b, All invoices for work performed under this Agreement shall be submitted in a
format approved by the City. Invoices shall include the following at a minimum:
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(i) Consultant's invoice number
(ii) Dates of service covered by the invoice
(iii) City project number and/or name (if applicable)
(iv) Work site addressor location (if applicable)
(v) Tasks completed
c. Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures:- Payment need not be made for work which fails
to meet the standards of performance of a professional in the industry,
3. TERM
This term of this Agreement shall be for an initial three (3) year period, commencing on
August S, 2014, and ending on August 4, 2017, unless terminated earlier in accordance with
Section 12, below.
4. 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 perforrns 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.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a, Comprehensive General Liability Insurance, Contractor shall maintain
comprehensive general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death resulting
there fi-om and damage to property, resulting from any act or occurrence arising out of
Contractor'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 there from,
and property damage, in the total amount of $2,000,000 per occurrence. Contractor shall
supply City with it fully executed additional insured endorsement on a farm approved by the
City Attorney at the time this Agreement is executed.
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b, Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident,
C. Any person providing professional services pursuant to this Agreement
shall maintain Professional Liability (errors and omissions) insurance against medical
malpractice with a combined single limit of not less than $1,000,000 per claim.
d. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
(i) Contractor 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 (3 0) days prior written notice to the City.
e. If Contractor 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 affect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to 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 health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor 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 terns of or effects
arising from this Agreement. This indemnity and hold hannless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
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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.
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.
S. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and sball not acquire any interests,
direct or indirect, which would conflict in any manner with performance of services specified
under this Agreement. No persons having such interest shall be employed by or associated with
Contractor.
9. 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 telefacsimile 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
Fax (714) 647 -6956
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With courtesy copies to:
and
Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647 -5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647 -6515
To Contractor: J &G Industries, Inc.
18627 Brookhurst Street, PMB 302
Fountain Valley, California 92708
Fax (714) 903 -2003
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, any
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 telefacsimile, 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.
10. 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, including the terms of
the RFP not specifically referenced in this Agreement, between the parties. In the event of a
conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or
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agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
11. 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.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
either party.
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 affinms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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.
15. RETENTION OF RECORDS
Consultant agrees to retain all records relating to this Agreement for a period of three (3)
years after City makes final payment.
16. CERTIFICATIONS
a. Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency and/or their duly
authorized representatives if applicable for a period of three (3) years from the termination of
this Agreement. For a period of three years after final delivery hereunder or until all claims
251 -8
related to this Agreement are finally settled, whichever is later, Consultant shall preserve and
maintain all documents, papers and records relevant to the services provided in accordance with
this Agreement, including the Attachments hereto. For the same time period, Consultant shall
make said documents, papers and records available to City and the agency from which City
received grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Consultant, upon request during usual
working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to
provide to the agency from which City received grant funds or other persons or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act
shall be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
e. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act ".
L Civil Rights Compliance and Notification of Findings - Consultant will comply,
and all its contractors will comply, with the nondiscrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities
Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act
of 1975; Department of Justice Nou- Discrimination Regulations, 28 CFR Part 42, Subparts C, D,
E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and
39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient
makes a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, sex, or disability against a recipient of funds, the Consultant will
forward a copy of the findings to City which will; in turn, submit the findings to the Office of
Civil Rights, Office of Justice Programs, U.S. Department of Justice.
g. Consultant will comply, and all its contractors will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
7
251 -9
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60), as applicable.
h. Consultant will comply, and all its contractors will comply, with all
requirements of the Copeland "Anti - Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3), as applicable.
i. Consultant will comply, and all its contractors will comply, with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
j. Consultant will comply, and all its contractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40
U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as
applicable,
k. Consultant will comply, and all its contractors will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
the Environmental Protection Agency regulations (40 CFR part 15), as applicable.
1. Consultant will comply, and all its contractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53
CFR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as
applicable.
M. Consultant agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and
paid for with funding through this Agreement.
n. Consultant may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the federal awarding
agency, State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and /or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal government's, SAA's and City's rights identified
above must be conveyed to the publisher and the language of the publisher's release
form must ensure the preservation of these rights.
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,
251 -10
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
MARIA HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
gy4LC77GL
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN WILLIAM GALVEZ, P.E.
Interim Executive Director of
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR
J &G Industries, Inc.
10
251 -11
James K. Cain
President
EXHIBIT A
io
251 -12
REQUEST FOR PROPOSALS (RFP)
FOR
2N-CALL DEMOLITION SERVICES
RFP NO.- 14 -026
City OF SANTA ANA
Santa Ana Public Works Department
20 Civic, Center Plaza
Santa Ana, C%A 52709'
Kenny Nguyen
Project Manager
(714) 6475532 Office
(7114) 647- 5636 Fax
KEY DATES:
Issue 4ate:
Letter of Intent:
Proposal Due Date:
Projected Award Date:
Deadline to receive questions or
Requests for Information:
FS 0312012014
Tuesday 5/6/2014
Thursday 5!1512014
Tuesday 5f2712014
Tuesday 7 /1/2014
Wednesday 5121/2094
City of Santa Ana RFP 14 -0726
Page 1
251 -13
Interim Executive Director
Public Works Agency
r. r
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for ON -CALL DEMOLITION
SERVICES.
Responses to this Request for Proposals (RFP) will be accepted until Tuesday, May 27, 2014 at 5:00 p.m.
Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure
that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal
due date and time.
All notifications, updates and addenda will be posted on the City's RFP Bid page at Santa- ana.oro /bids -rfps.
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. Questions
regarding this Request for Proposals shall be made in writing via e-mail to the Project Manager as identified on
the cover of this RFP and per "Instructions To Proposers Section ILC ".
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 14 -026 ON -CALL DEMOLITION SERVICES
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Kenny Nguyen
Public Works Agency;
20 Civic Center Plaza; 3rd Floor, Ross Annex
Santa Ana, CA 92701
Proposals shall be MAILED, HAND DELIVERED, OR COURIERED,
LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The City has established a DBE goal for this Contract of 11.82% (8.63% Race Neutral and 3.19% Race
Conscious).
LETTER OF INTENT
Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the
required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email
and shall include the following information:
1. Use formal company letterhead.
2. Indication of company interest in the RFP.
3. Acknowledgement of candidate's responsibility to monitor the City's website for any
amendments or modifications to the RFP.
4. Provision of correct, complete contact information.
City of Santa Ana RFP 14 -026
Page 2
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f
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO. 14 -026
TABLE OF CONTENTS
INTRODUCTION I DESCRIPTION OF WORK
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F, INSURANCE
G. INFORMATION PACKET
H. PRE - PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
I. STATEMENT OF QUALIFICATIONS
II, FEE PROPOSAL
III. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONTRACTOR SELECTION)
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACTAWARD
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION
A. KICK -OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS
VIII. APPENDIX
EXHIBIT A:
SCOPE OF WORK
EXHIBIT B:
FEE COMAPRISON FORM
EXHIBIT C:
SAMPLE AGREEMENT
EXHIBIT D:
CERTIFICATIONS
EXHIBIT D:
FEDERAL REQUIREMENTS
City of Santa Ana RFF
Page 3
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6
p
INTRODUCTION / PROJECT DESCRIPTION
The City of Santa Ana is planning various capital Improvement program projects and Is soliciting
proposals from contractors to provide ON -CALL DEMOLITION SERVICES on an as- needed basis,
These projects include, but are not limited to: various phases of the Bristol Street, Grand Avenue,
and Warner Avenue Widening Projects.
From the proposals received, it is the City's goal to select one or two firms for these services. The
actual number of contractors 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 for a not to exceed amount of $400,000 for each contract. Work will be assigned by
Contract Task Orders (CTO), 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 contractor. The City reserves the right to distribute the work in any manner which will best
serve the City's interests.
A detailed Scope of Work is attached herein as Exhibit A, as part of the Appendix.
INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its
proposal. The selected proposer shall identify a sole point of contact with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day
period. If said financial statement does not reflect full ninety (90) day operational capacity,
proposer may include a letter of credit as evidence of supplemental capacity.
City of Santa Ana RFP 14 -028
Page 4
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Compliance With Requirements of Funding Aaencv: This contract may be funded through
various funding programs and Proposer shall comply with the requirements of all applicable
agencies Including, but not limited to Local, State, and Federal.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project
Manager (contact information as noted on the cover page to this RFP) no fewer than five (M
business days prior to the date and time set for opening of proposals. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
addenda to this RFP.
D.ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
Santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part
of the agreement documents.
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within
ten (10) business days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses /permits required by the
Scope of Work, attached herein as Exhibit A, as part of the Appendix.
F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in
the Scope of Work within ten (10) business days after receipt of notice that the contract has been
awarded. Failure to provide the required insurance certificates shall be cause for the annulment of
the award and the forfeiture of the proposal guaranty.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10)
business days after the successful proposer has received notice that the contract has been
awarded. The packet is available on the City's website: santa- ana.org /bids -rfig
H. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal In part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful proposer and the City shall assume no liability of such
subcontractors.
City of Santa Ana RFP 14.026
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251 -17
I, BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5)
business days. If no action is taken within such time, there shall be no change to the staff
determination, The exercise by Proposer of its right to submit written concerns shall be a
condition precedent to seeking judicial review of any award of a contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
Number of Conies and signature: Five (5) hard copies and one (1) digital file on USB Flash
Drive (or equivalent) of your Statement of Qualifications shall be signed by a company
official with the power to bind the company and submitted to the City of Santa Ana, per the
instructions above under "Notice Inviting Proposals ". One (1) copy of your Fee Proposal
shall be submitted, as outlined below.
Il. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
I. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and exhibits). Font size shall be
minimum 11 -pt. The page limitation includes all appendices, attachments, and supplemental
information.
Cover Letter — Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity.
Contract Agreement Statement: Proposal shall include a statement outlining your
concurrence or concerns with any and all provisions as contained in the sample
contract agreement attached herein as Exhibit B, as part of the Appendix.
Firm and Team Experience: Proposal shall Include a profile of the firm's experience.
Include resumes of project team /sub - Contractors who will be providing services, that
outline their technical and design experience. At a minimum, this should include the
project manager /principal agent, associates in charge when project manager /principal
agent is unavailable, key personnel, firm size, and an organization chart identifying
only those who will perform work for the proposed project and the percentage of each
Individual's time devoted to this project. The project manager /principal agent shall be
the primary contact person to represent your firm and will be the person to conduct the
presentation, if invited for an interview.
4. Understanding Of Need Statement: Proposal shall include a statement outlining the
firm's understanding of the scope of work, anticipated approach, suggestions or
special concerns that the City should be made aware of, and tasks you feel are
City of Santa Ana RFP 14 -026
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251 -18
necessary for successful completion. Identify any assumptions and /or exclusions used
in preparation of the scope of work and associated fee estimate.
5. Relevant Project Experience: Proposal shall include a list of projects which your firm or
personnel have completed within the last 5 years, including significant work with public
agencies. Project information should include project description, year completed, client
name, along with a person to contact and their telephone number,
6. References: Proposal shall include a listing of relevant projects, along with project
exhibits, and references for three public entities for which Proposer has performed
similar work within the past five (5) years.
/L FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal ".
The fee proposal will not be opened until the proposals have been evaluated by the
proposal selection committee. The City will select the Contractor based on qualifications,
and then negotiate a contract price based on available funding.
Ill. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal submittal package:
• Exhibit C -1: Non - Collusion Affidavit
• Exhibit C-2: Non - Lobbying Certification
• Exhibit 10 -01 Contractor Proposal DBE Commitment
• Exhibit 10 -1 Notice to Proposers DBE information
IV. PROPOSAL REVIEW (CONTRACTOR SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm /Team Experience 35%
• Understanding of Need 40%
• Relevant Project Experience 25%
The City has established a proposal review committee to evaluate proposers based on the
response to the RFP, which includes adherence to outlined directions and format, and the City
evaluation criteria set forth above. A final score will be calculated for each submitted proposal
and used to rank the proposers.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
contract to the proposer who will provide the best value to the City. City reserves the right to
begin negotiations and enter Into a contract without interview or further discussions.
City of Santa Ana RFP 14 ""
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V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Project Manager will
recommend award of a contract to the proposer providing the best value to the City.
B. EXECUTION OF AGREEMENT
A sample Agreement is attached herein as an Exhibit as part of the Appendix. "Proposer" will
hereinafter be referred to as "Contractor"
The Contractor shall include all requests to modify the attached sample agreement in the
proposal.
The term of the contract will begin after the contract agreement is fully executed, and all
required bonds, insurance documents and contents of the Information Packet have been
received and approved.
VI, IMPLEMENTATION
A. KICK -OFF MEETING
A kick -off meeting will be held after award of contract. Contractor and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process,
B. NOTICE TO PROCEED
Following kick -off meeting, a formal Notice to Proceed (NTP) will be issued to begin work. For
"On -Call" contracts, Contractor will be notified by individual City Project Managers on a case -by-
case basis to request project/task specific proposals. Written NTPs will be then issued
accordingly,
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation
of the RFP will become property of the City. All responses to the RFP shall become property of the
City. Proposer information identified as proprietary information shall be maintained confidential, to
the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
City of Santa Ana RFP 14-026-
Page 8
251 -20
APPENDIX
EXHIBIT A
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO.: 14 -026
SCOPE OF WORT(
Contractor is responsible for the payment of ail 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 water and sewer lines, and compacting to 90% density. Prior to submitting all on -call
proposals, the Contractor shall visit the subject project site (including coordinating with the City for
access inside the building) and obtain any necessary asbuilts to define an appropriate scope of work.
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, water and 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 Contractor to determine if any
additional asbestos removal is required in addition to the surveys.
Copies of all notifications must be submitted to City including, abatement contractor's 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.
City of Santa Ana RFP 14.026
Page 9
251 -21
Lead Removal:
The Contractor shall take all necessary precautions and follow all Occupational Safety & Health
Adminlstration (OSHA')s guidelines required in the handling of lead contained materials if any are
detected. Please refer to the Lead Hazard Evaluation Report which will be provided to the Contractor
prior to on -call bid,
Rat and /or Vermin Abatement:
Contractor, prior to performing demolition, is responsible for providing rat and /or vermin abatement.
As part of the demolition completion package, written certification will be provided to the City, stating
that such work was performed, and that the structures were free of infestation prior to the demolition
taking place.
Erosion Control:
Contractor shall prepare erosion and sediment control plan immediately after award of the contract for
the approval of the Engineer. The plan shall be prepared per the applicable guidelines described in
the latest version of the Orange County Program Construction Runoff Guidance Manual
(http: / /ocwatersheds.com/ documents /bmo /constructionactivities). The Contractor shall submit the
plans for review and shall make the necessary revisions to the plans as directed by the City. The
plans shall be prepared by a Civil Engineer licensed in the State of California. The City may waive the
requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the City that the
person preparing the erosion control plan is qualified in the field of erosion control.
The Contractor shall keep a copy of the erosion control plan on -site for the duration of the contract
and shall provide all necessary control devices to implement all necessary measures as shown on the
plan. The erosion control plan shall remain in effect until approval to remove is granted by the City.
All erosion control materials shall be available on -site and stockpiled at a convenient location to
facilitate rapid construction of temporary devices when rain is eminent.
City of Santa Ana RFP 'I4-026
Page 10
251 -22
APPENDIX
EXHIBIT B
ON -CALL DEMOLITION SERVICES Comparison Form
ON -CALL DEMOLITION SERVICES COMPARISON FORM
Contractor shall complete this form as described below and submit in a sealed fee envelope, This
comparison is based upon ON -CALL DEMOLITION SERVICES required for the sample subject
project site described below, This form will be used for flee comparison purposes only.
�Y11111x��i1�111��i����� ►]_�Yy:71��N7►F
One story commercial structure. The building is Reinforced Concrete Masonry Unit (CMU)
construction with the following approximate dimensions:
Finished office /retail area: 435 sf
Finished shop area: 1.615 sf
Total Building Area: 2,250 sf
- Total Land Area: 6,250 sf
Contractor is responsible for demolishing all improvements, including: 4" thick concrete slab
foundation and footings to a depth of 3', asphalt concrete parking lots and all surrounding
landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage,
capping all sewer lines, and compacting to 90% density. Erosion control to include importing and
exporting fill dirt as needed, installing straw waddles around site perimeter, topping site with 1" base
course to prevent wind erosion, and installing rumble plates for the duration of the demolition.
Please refer to Attachment 1 for site reference and photos.
Price provided below shall be based solely on the information provided hereon and 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
Total Cost
Permitting *
11,500
Engineering
$
Site Fencing
$
Canopy BMP's /Erosion Control Plan
$
Asbestos /Hazardous Abatement
$
1,000
Interior Demolition
$
Exterior Wall/Building/Foundation Demolition
$
Sitework Demolition
$
Vermin Abatement
$
Total Price
$
* Assumed Prices of Asbestos /Hazardous Abatement and Permitting Costs. There is no lead
removal for this sample project site.
Page 11
251 -23
Attachment 1
Billboard has already been removed. Do not include in cost proposal.
City of Santa Ana RFP 14 -028
Page 12
251 -24
Attachment 1
�^ mTM_City of Santa Ana WW i4-026
Page 13
251 -25
dir:n.a^
iiiao'�i
� -;:
City of Santa Ana RFP 14-026
Page 15
251-27
APPENDIX
EXHIBIT C
SAMPLE AGREEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
TITLE
RFP NO.; XX•XXX
THIS AGREEMENT, made and entered Into this day of , 20_ 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
1. The City desires to retain a Consultant having special skill and knowledge in the field of
2. Consultant represents that Consultant is able and willing to provide such services to the City and is
licensed by the State of California to provide
3. In undertakng 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 firm.
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:
SCOPE OF SERVICES
Consultant shall provide services, as set forth in the, Scope of Services attached hereto as
Exhibit A, and incorporated by this reference. Said services shall be provided on an on -call basis, at
the written request of the Executive Director of Public Works.
II. DEFINITIONS if any)
III. TERMS AND CONDITIONS
A. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all reports, documents,
tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this
Agreement shall be delivered to, and become the property of City. Basic survey notes and
sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement
shall be made available upon request of the City without restriction or limitation on their use.
Contractor shall furnish the City all necessary copies of data needed to complete the review and
approval process.
B. TERM
The term of this Agreement shall commence the date of City Council award and approval of all
insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth
in Section H, below. City is hereby granted an option to renew for up to ( #) additional
( #) - year periods on the terms and conditions set forth herein. Said options shall be
City of Santa Ana RFP 14 -026
Page 16
251 -28
exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the
initial term or any extension thereof.
C. COMPENSATION
City agrees to pay and Consultant agrees to accept as total payment for its services, the
rates and charges set forth in Consultant's proposal, attached hereto and incorporated
by reference. The amount to be expended for services shall not exceed
($) annually during the term of this agreement.
2. Invoices
a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the
City for the services rendered in the prior month.
b, All invoices for work performed under this Agreement shall be submitted in a format
approved by the City. Invoices shall include the following Information at a minimum:
I. Consultant's invoice number
fl. Beginning and ending dates for services
iii. City project number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed, and % of total services completed
3. Payment by City shall be made within sixty (60) days following receipt of proper invoice,
subject to City accounting procedures. Payment need not be made for work which fails to
meet the standards of performance of a professional parking control enforcement services.
4. Retention: City shall retain ten (10 %) of the contract price for each project until the
completed Project has been accepted and deliverables received by the City. Payment
need not be made for work which fails to meet the standards of performance of a
professional parking control enforcement services."
5. Extra Work
No additional work shall be authorized unless a separate estimate is given for said work
and the estimate is approved by the City in writing before the work is commenced. The
Consultant will be required to provide detailed information of such extra work. Work
performed prior to obtaining written approval of the City shall not be included within the
Scope of Work and may not be paid.
D. 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 manner in which Consultant performs the
services required by 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.
City of Santa Ana RFP 14 -026
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E. 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:
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 there from 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 One Million Dollars ($1,000,000) per occurrence, Two
Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers, and representatives as additional insured(s);
(b) be primary and not contributory with respect to insurance or self- insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
Business Automobile Liability Insurance, or equivalent form, with a combined single limit
of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300
of the Labor Code, Consultant is required to be insured against liability for Workers'
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 One Million Dollars ($1,000,000)
per accident.
Professional Liability Insurance: If Consultant is or employs a licensed professional such
as an architect or engineer, Consultant is required to carry Professional Liability (errors
and omissions) insurance, with a combined single limit of not less than One Million
Dollars ($1,000,000) per claim.
5. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
a. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this agreement.
b. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
G. 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.
6. 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 affect 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.
City of Santa Ana RFP 14 -028
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F. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall Indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties ") from and against
any and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims "), which may arise from or in any manner related (directly or Indirectly) to
any work performed or services provided under this Agreement (including, without limitation,
defects in workmanship and /or materials) or Consultant's presence or activities conducted
performing the work (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they
may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Consultant to indemnify the indemnified parties from any claim arising from
the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
G. 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, sent by telefacsimile communication, or via e-mail to the
following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 92701
Fax 714- 647 -6956
With courtesy copy to: Public Works Agency— (Division)
To Consultant:
H. TERMINATION
The City reserves the right to terminate the Agreement as follows:
1. This agreement may be terminated without cause by City upon thirty (30) days written
notice delivered to the Consultant either personally or by mail. Upon termination, City
shall pay to Consultant that portion of compensation specified in the agreement that is
earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City
shall have the right to withhold all or a portion of Consultant's compensation for
Agreement services if, in the judgment of the projects manager or designee, the level of
service falls below appropriate standards and /or Consultant fails to satisfactorily perform
Agreement services. City shall have the right to retain funds withheld until the projects
manager or designee determines that Agreement services are performed as well and as
frequently as required by this agreement.
City of Santa Ana RFP 14 -026
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251 -31
1. Consultant shall perform all requirements under this Agreement in strict observance of and
in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
2. Consultant warrants that the performance of services under this Agreement shall be
compliant with the current requirements of the (particular relevant statutes and /or
regulations) and as it may be amended or updated throughout the term of this Agreement.
3. Consultant certifies that it shall comply with the following regulations, as required by the
(funding agency):
Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency
and /or their duly authorized representatives for a period of four (4) years from the
termination of this Agreement. For a period of three years after final delivery
hereunder or until all claims related to this Agreement are finally settled,
whichever is later, Consultant shall preserve and maintain all documents, papers
and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Consultant shall
make said documents, papers and records available to City and the agency from
which City received grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of
Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be
required to provide to the agency from which City received grant funds or other
persons or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973
(The Act). Therefore, the federal funds recipient pursuant to the requirements of
The Act hereby gives assurance that no otherwise qualified handicapped person
shall, solely by reason of handicap be excluded from the participation in, be
denied the benefits of or be subject to discrimination, including discrimination in
employment, in any program or activity that receives or benefits from federal
financial assistance. The Consultant agrees it will ensure that requirements of
The Act shall be included in the agreements with and be binding on all of its
contractors, subcontractors, assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
e. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office, or
otherwise in violation of the provisions of the "Hatch Act ".
City of Santa Ana RFP 14 -026
Page 20
251 -32
f.. Civil Rights Compliance and Notification of Findings - Consultant, and all its
contractors (or subrecipients) will comply, with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of
the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of
1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non - Discrimination
Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the
event a Federal or State court, Federal or State administrative agency, or the
Consultant makes a finding of discrimination after a due process hearing on the
grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the Consultant will forward a copy of the findings to the City
which will, in turn, submit the findings to the Office of Civil Rights, Office of
Justice Programs, U.S. Department of Justice.
g. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41
CFR chapter 60), as applicable.
h. Consultant, and
all its contractors (or
subrecipients)
will
comply, with
all
requirements of
the Copeland "Anti- Kickback"
Act
(18
U.S.C. 874)
as
supplemented in
Department of Labor
regulations
(29 CFR Part 3),
as
applicable.
I. Consultant, and
all its contractors (or
subrecipients)
will
comply, with
all
requirements of
the Davis -Bacon Act
(40 U.S.C.
276a
to 276a -7)
as
supplemented by Department of Labor
regulations
(29 CFR Part 5),
as
applicable.
j. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S,C, 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
k. Consultant, and all its contractors (or subrecipients) will comply, with all
applicable standards, orders or requirements issued under Section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency
regulations (40 CFR part 15), as applicable.
I. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89
Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995), as applicable.
M. Consultant agrees that the (funding Agency) shall have the authority to seek
patent rights for any process, product, invention or discovery developed and
paid for with funding through this Agreement.
Page 21
251 -33
n. Consultant may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the
federal awarding agency, State Administrative Agency (SAA) and City reserve a
royalty -free, non - exclusive, and Irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for federal government, SAA
and /or City purpose:
(1) the copyright in any work developed through this Agreement; and
(ii) any rights of copyright to which the subcontractor purchases ownership with
support through this grant. The Federal government's, SAA's and City's
rights identified above must be conveyed to the publisher and the language of
the publisher's release form must ensure the preservation of these rights.
N. 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 City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void.
O. 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.
P. FINES
The Consultant shall be liable for all violation fines levied against the City by federal, state, or
local agencies with regulatory authority related to Consultant provided services.
Q, 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
City of Santa Ana RFP 14-026
Page 22
251 -34
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:
SONIA CARVALHO
City Attorney
By:
Jose Sandoval
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Edwin "Wiliam" Galvez
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR
City of Santa Ana RFP 14 -026
Page 23
251 -35
APPENDIX
EXHIBIT D -1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO.: 14.026
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid Is genuine and not collusive or sham; that the BIDDER has
not directly or Indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this _ day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE,
City of Santa Ana RFP 14 -026
Page 24
251 -36
APPENDIX
EXHIBIT 11i NON-LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO.: 14.026
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities ".
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered Into. Submission of this certification is a prerequisite for making or entering Into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
sub recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
ON -CALL
Date
DEMOLITION
SERVICES
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
_ _.. City of Santa Ana RFP 14 -D26
Page 25
251 -37
APPENDIX
EXHIBIT E: FEDERAL REQUIREMENTS
mmmm City of Santa Ana RFP 14 -026
Page 26
251 -38
Local Assistance Procedures Manual EXHBIT 10 -I
Notice to Proposers DBE Information
EXHIBIT 10 -I NOTICE TO PROPOSERS DBE INFORMATION
The Agency has established a DBE goal for this Contract of. 11.82% (8.63% Race Neutral and 3.19% Race Conscious
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for - profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
• The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts
financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs"), The Consultant
must ensure that DBEs and other small businesses have the opportunity to participate in the performance
of the work that is the subject of this solicitation and should take all necessary and reasonable steps for
this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in
the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Commitment must be
included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the
proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the
proposer must document adequate good faith efforts. All DBE participation will be counted towards the
contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10 -02 Consultant Contract DBE Information must be included with the Request for Proposal. Even if
no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be, fully informed regarding the requirements of 49 CPR, Part 26, and the
Department's DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
LPP 13 -01
251 -39
Page I of 3
May 8, 2013
Local Assistance Procedures Manual EXHBIT 10 -I
Notice to Proposers DBE Information
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a
combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CPR 26.55, that is, a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its
responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all
DBE subconsultants should be listed in the bid /cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non -DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If
you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of
Certification toll free number 1 -866 -810 -6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business and Economic
Opportunity Web site at: http: / /www.dot.ca.gov/hq/bep /.
I. Click on the link in the left menu titled Dtsadvantaeed Business Enterprise;
2. Click on Search for a DBE Firm link,
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBCS COUNT TOWARDS THE DBE GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment
that produces on the premises the materials, supplies, articles, or equipment required under the Contract
and of the general character described by the specifications.
B, If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a Finn that owns, operates or maintains a store, warehouse,
or other establishment in which the materials, supplies, articles or equipment of the general character
described by the specifications and required under the Contract are bought, kept in stock, and regularly
sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be
an established, regular business that engages, as its principal business and under its own name, in the
Page 2 of 3
LPP 13 -01 May S, 2013
251 -40
Local Assistance Procedures Manual EXHBTT 10 -I
Notice to Proposers DBE Information
purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk
items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or
maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers' own distribution equipment shall be, by a long -term lease agreement and not an ad hoc or
Agreement -by- Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons
who arrange or expedite transactions are not DBE regular dealers within the meaning of this section,
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be
limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees cbarged for
similar services.
LPP 13 -01
251 -41
Page 3 of 3
May S, 2013
Local Assistance Procedures Manual EXHIBIT 10 -01
Consultant Proposal DBE Commitment
EXHIBIT 10 -01 CONSULTANT PROPOSAL DBE COMMITMENT
(Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)
Consultaiiit to ConipJete, tfiis .Section.
1. Local Agency Name:
2. Project Location:_,
3. Project Description:.
4. Consultant Name:
S. Contract DBE Goal %:
DBE Commitment Information
—r
6. Description of Services to be Provided 1 7. DBE Finn 1 8. DBFceW.--7 9. DB8 °% 1
16, Local Agency Contract Number:
17, Federal -aid Project Number
18, Proposed Conant Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
11. Preparer's Signature
11 Preparer's Name (Print)
19, Local Agency Representative Name (Print)
20. Local Agency Representative Signature 21. Date
22, Local Agency Representative Title 23, (Area Cade) Tel. No.
13. Preparer's Title
14. Date 15. (Area Code) Tel. No,
Distribution: (1) Original — Consultant submits to local agency with proposal
(2) Copy — Local Agency tiles
Page I of 2
LPP 13 -01 May 8, 2013
251 -42
Local Assistance Procedures Manual EXHIBIT 10.01
Consultant Proposal DBE Commitment
INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT
Consultant Section
The Consultant shall:
1. Local Agency Name— Enter the name of the local or regional agency that is funding the contract.
2. Project Location -Enter the project location as it appears on the project advertisement.
3. Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab,
Overlay, Widening, etc.).
4. Consultant Name - Enter the consultant's firm name.
5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10 -I Ar.Hae to Proposers
DBE Information form. See LAPM Chapter 10.
6. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be
performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item
is not to be performed or Furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
7. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the
prime consultant's name and telephone number, if the prime is a DBE.
8. DBE Cent. Number - Enter the DBEs Certification Identification Number, All DBEs must be certified on the data bids are
opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
9. .DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if die prime
is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
10. Total % Claimed —Enter the total DBE participation claimed. If the Total % Claimed is less than item "6. Contract DBE Goal"
an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15 -1-1 DBE Information - Good Faith Fffoets of the
LAPM).
11. Preparer's Signature — The person completing this section of the form for the consultant's firm must sign their name.
12. Preparer's Name (Print) -- Clearly enter the name of the person signing this section of the form for tho consultant.
13, Preparer's Title - Enter the position /title of the person signing this section of the form for the consultant.
14. Date - Enter the date this section of the form is signed by the preparer.
15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
The Local Agency representative shall;
16. Local Agency Contract Number - Enter the Local Agency Contract Number.
17. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
18. Contract Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23.
19. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section.
20. Local Agency Representative Signature - The person completing this section of the farm for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
21. Date - Enter the date the Local Agency Representative signs the form.
22, Local Agency Representative Title - Enter the position /title of the person signing this section of the form.
23. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
LPP 13.01
251 -43
Page 2 of 2
May 8, 2013
Local Assistance Procedures Manual
EXHIBIT 10 -02
Consultant Contract DBE Information
EXHIBIT 10 -02 CONSULTANT CONTRACT DBE INFORMATION
(Inclusive of all DE Es listed at contract award. Refer to instructions on the reverse side of this form)
Consultant to Complcte'this Section
t. Local Agency Name:
2. Project Location:
3. Project Description:
4. Total Contract Award Amount: $
5. Consultant Name:
6. Contract DBB Goal %:
7. Total Dollar Amount For all Subconsultants: $
S. Total Number of all Subconsultants:
Award DBE /DBE Information
9. Description of Services to be Provided
10. DBE/DBB Finn
11. DBE Cen.
12. DBE Dollar
Contact Information
Number
Amount
Ldcal Agoncy to Ct uaplet0 this'secGan
is
1 I
Do
20. Local Agency Contract Number:
21. Pedeml -aid Project Number:
22. Contract execution Date;
Clauned
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
a Y c <t iYl Std t,
' � 3
I 3! NS 15 '1 1�i f fF,
a rr }
23. Local Agency Representative Name (Print)
24. Local Agency Representative Siguature 25. Date
26. Local Agency Representative Title 27. (Area Code) Tel. No,
15. preparer's Signahue
16. Preparer's Name (Print)
Gtllfrans ko Con¢ `lets this Seetlon
C¢Itrans District Local Assistance Engineer (DLAE) certifies that this form
17. Preparer's Title
has been reviewed for completeness:
78. Date 19. (Area Code) Tat. No
28. DLAE Name (Print) 29. DLAE Signature 30. Date
Distribution: (1) Copy — Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contractawar'd, Failure to send a
copy to the DLAE within 30 days of contact award may result in delay of payment.
(2) Copy — Include in award package sent to Caltmns DLAE
(3) Original — Local agency files
LPP 1301
251 -44
Page I of 2
May S, 2013
Local Assistance Procedures Manual EXHIBIT 10 -02
Consultant Contract DBE Information
INSTRUCTIONS - CONSULTANT CONTRACT AWARD DBE INFORMATION
Consultant Section
The Consultant shall.,
1. Local Agency Name - Enter the name of the local or regional agency that is funding the contract.
2, Project Location - Enter the project location as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on die project advertisement (Bridge Rehab, Seismic Rehab,
Overlay, Widening, etc).
4. Total Contract Award Amount - Enter the total contract award dollar amount for the prone consultant,
5. Consultant Name - Enter the consultant's firm name.
6. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10.1 Notice to Proposers
DBE Information form. See LAPM Chapter 10.
7. Total Dollar Amount for all Subconsultants- Enter the total dollar amount' for all subcontracted consultants. SUM = (DBE's+
all Non - DBE's). Do not include the prime consultant information in this count.
8. Total number ofall subeonsultants - Enter the total number of all subcontracted consultants. SLIM = (DBE's + all Non.
DBE's). Do not include the prime consultant information in this count.
9. Description of services to be Provided - Enter item of work description of services to be provided, indicate all work to be
performed by DBEs including work performed by die prime consultant's own forces, if the prime is a DBE. If 100% of the item
is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the
prime consultant's name acrd telephone number, if the prime is a DBE.
11, DBE Cert. Number - Enter the DBE's Certification Identification Number. All DBEs most be certified on the date bids are
opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
12. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the
prime consultant if the prime is a DBE, and include DBEs that are not identified as subconsultants on the Exhibit 10.01
Consultant Proposal DBE Commitment form. See LAPM Chapter 9 for how to count full /partial participation,
13. Total Dollars Claimed - Enter the total dollar amounts for column 13.
14, Total % Claimed - Enter the total DBE participation claimed for column 13. SUM = them 14. Total Participation Dollars
Claimed" divided by item N. Total Contract Award Amount "), If the Total %Claimed is less than item "G Contract DBE Goal ",
an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15 -H DBE Information - Good Faith Efforts of the
LAPM).
15. Preparer's Signature- The person completing this section of the form for the consultant's firm must sign their name.
16. Preparer's Name (Print) - Clearly enter the name of the person signing this section of the form for the consultant.
17, Preparer's Title - Enter the positionititle of the person signing this section of the form 1'or the consultant.
18. Date - Enter the date this section of the form is signed by the proposer.
19. (Area Code) Tel. No.. Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
The Local Agency representative shall:
20. Local Agency Contract Number- Enter the Local Agency Contract Number,
21. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
22, Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page
23.
23, Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section.
24. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
25. Date - Enter the date the Local Agency Representative signs the form.
26. Local Agency Representative Title - Enter the positionittic of the person signing this suction of the form.
27. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
Caltrans Section:
Caltrans District Local Assistance Engineer (DLAE) shall:
28. DLAE Name (Print) -Clearly enter the name of the DLAE.
29. DLAE Signature- DLAE must sign this section of the form to certify that it has been reviewed for completeness.
30. Date - Enter the date that the DLAE signs this section . the form.
LPP 13 -01
251 -45
Page 2 of 2
May 8, 2013
EXHIBIT B
rt
251 -46
Demolition and Site Clearance
r5 our Business!
N`. v. Wb n9'
. �ea
`I I
J &G Industries, Inc.
18627 Brookhurst Street, PMB 302, Fountain Valley„ CA 92708
714.903,2002 phone it 714.903.2003 fox
251 -47
Submittal of Qualifications,
City of Santa Ana Public W/ork.s Dept,
Request, for Proposals, oposals., fore
Demolitilon Serrvites
RFP No.: 14-026
Due: May 27, 2014
251-48
Submitted by;
AG Industries, Inc.
18627 Brookhurst St, PMB 302
Fountain Valley, CA 92708
714.903,2002 phone
714.903.2003 fox
City of Santa Ana May 27, 2014
On -Call Demolition Services RF'P No.: 14 -020
Request For Proposals for
On -Call demolition Services
City of Santa Ana
Public Works Department
20 Civic Center Plaza
Santa Ana, CA 92701
Demolition Services
Name: J &G Industries, Inc.
A California Corporation
Project Manager: James K, Cain
Address: 18627 Brookhurst St #302
Fountain Valley, CA 92708
Phone: 714 - 903 -2002
Fax: 714 -903 -2003
Email: cain@i- gindustries.com
Addendum(s):
Contract agreement statement: We have read and understand the intent of the contract agreement
and concur with said contract agreement,
The only person, persons, company or party interested in the proposal as principals are names
herein; this 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 this proposal has full authority to bind the principal proposer.
J &0 Industries
251 -49
Page 1
City of Santa Ana May 27, 2014
on -Call Demolition Services RFP No.: 14 -026
Experience ! Qualifications
J &G Industries (J &G) is pleased to present our proposal to provide
property right of way consulting and related services for various City of
Santa Ana (CSA) projects. As an Orange County based company, J &G
takes pride in providing services to our community. AG has established
strong relationships working as a true team with its subcontractors, many of which are also Orange
County based companies.
Our proposal presents our qualifications, examples of past projects with references, approach to this
project, and our project organization, J &G is able to provide an experienced, knowledgeable and
professional staff, willing to work diligently to meet the CSA's needs. J &G is committed to providing
adequate staffing levels at all times in order to adhere to established schedules, J &G is responsive to
our clients needs. Our experience providing demolition services to local public agencies and private
clients has honed our skills for maintaining excellent working relationships with property owners,
tenants, and local agency staff, Our years of experience working in California have provided us with the
knowledge and familiarity required to meet with federal, state and local regulations, policies and
procedures as they pertain to right of way and all other demolition services provided.
J &G has been commended for a job well done on our contracts. We have demonstrated our ability to
satisfactorily perform the required work We have successfully completed the safe demolition and
abatement of thousands of structures ranging from residential to commercial and industrial,
encompassing millions of square feet.. Demolitions have included structures of one story to over ten
stories. J &G has also performed emergency demolition and cleanup services in past natural disaster
events. We have been successfully providing our services to public and private clients on similar
projects for 24 years. Demolition and site clearance is our business
Through our sister company C &M Resources we have the latest in demolition equipment, current with
CARBS regulations, including excavators with attachments including shears / grapples / pulverizers i
breakers, track loaders, skid steer loaders with attachments, etc.
An aggressive recycling policy has always been an important aspect to our business long before it was
the buzzword In the industry or by environmentalists. Through an aggressive policy, which has been
economically driven, we are able to give our client significant salvage credits as well as meeting current
recycling mandates.
J &G Industries
251 -50
Page 2
City of Santa Ana
On -Call Demolition Services RFP No.: 14 -026
J &G has the demonstrated experience
working with local agencies that may be
directly involved with this project J &G
has performed various projects in the
GSA and has experience working with
the GSA's departments. Our previous
contracts, like with OCTA for demolition
and site clearance on the CTA
Caltrans
County of Orange
South Coast Air Quality Management
District
State of California Division of Industrial
Safety
OSHA
Firm Profile
May 27, 2014
. California Department of Health Services
. California Highway Patrol
. Various Utilities: SCE, GTE, Verizon, etc.
. Underground Service Alert, Southern
California
. Multiple State Route -91 Corridor
Improvement Projects, Demolition
Phases: #1, 0, #4, #6, #7B, on -going
Local Law Enforcement 1.5 Freeway North
and various Measure M projects, has
demonstrated our skill with coordinating the
required work with affected agencies on
nearly 50 Contract Task Orders (CTOs),
These agencies include:
and Fire Department
Federal Environmental Protection Agency
J &G Industries, Inc. is a California Corporation founded in June 1989, in business over 25 yrs. J &G has
one office, physical address: 7511 Suzi Lane, Westminster, California 92683 Our mailing address is:
18627 Brookhurst Street, Box 302, Fountain Valley, California 92708. J &G also has one equipment
yard located at 1650 West Pellisier Road, Colton, California 92324. Current employee numbers range
up to <20
• J &G is a Licensed Contractor (License No 571859, Class A, C 721 with ASB and HAZ
Supplements; expires 6130115).
• J &G is actively involved with The National Demolition Association and has been a member for well
over fifteen years.
Related Experience
J &G has successfully completed the safe demolition and abatement of
thousands of structures, ranging from residential to commercial to Industrial
and encompassing millions of square feet. These demolitions have
included structures of one story to over ten stories. J &G has also
performed emergency demolition and cleanup services for past natural disaster events. J &G has
experience in performing work of the same or similar nature for various clients, including: CSA, OCTA,
the City of Long Beach, U,S. Navy, and private clients such as Overland, Pacific & Cutler. Below are
descriptions of these projects and project references, J &G strives to maintain excellent working
relationships with all parties involved and affected by our activities.
J &G Industries Page 3
251 -51
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No.: 14 -026
Proposed Staffing and Project Organization
Project Staff Credentials
J &G has highly qualified, fully trained and dedicated employees, all
available for performing the proposed CSA work. These same employees
performed the work described in the related Project Experience section,
Each J &G employee receives annual training satisfying the OSHA
HAZWOPER standards and every two- years, training in First Aid/ Adult
CPR and AED/ Environmental. Most of J &G's field personnel are certified
as AHERA - accredited asbestos workers. J &G project superintendents and
field foremen also receive training in the OSHA Construction Safety Out
Reach Program, All employees receive on- the -job training for project
specific work tasks.
J &G employees are dedicated to the company and to doing a job well
done, The average tenure at J &G is over 16 years for project managers, field superintendents, field
foreman, equipment operators, and 12 years for laborers. Each employee has had an average of 10
years of experience in the demolition field prior to working at J &G The ability of demolition and
abatement contractors to work well together is important to the ease and success of work planned on
GSA's CTOs. J &G has worked closely with Tri Span, Inc. in the management and operation of
demolition and abatement services, on many projects. Meetings are held dally for the coordination of
field activities
Resumes:
Jim Caln -- project Manager /Principal Agent
Jim Caln, as President of J &G brings over 34 years of experience in the demolition industry. He
previously served eight years as president of a major demolition environmental firm, growing it from a
10- person $1 million /year company to a 150 - person $13 million /year firm.
Jim served a three -year term as a member of the Board of Directors of the National Association of
Demolition Contractors (NADC) from 1990 -1993. He was also President of the Southern California
Chapter of NADC In 1995 and 1996.
Jim served as project manager for the CSA's Demolition Contract Services Bristol Street Widening
project J &G completed 17 site clearances under that program
Jim served from 1995 through September 1998 as project director, and a project manager, for OCTA
Agreement No C -95 -950 Property Demolition and Clearance Services, 1 -5 Freeway North and Various
J &G Industries
251 -52
Page 4
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No,; 14 -026
Measure M Projects. J &G completed nearly 50 demolition and site clearance CTOs for the previous 1 -6
Freeway widening project.
Jim has served as a project manager from 1998, through late 2002, on a major demolition project
consisting of over 300 acres at Pier T, formerly the Naval Shipyards, at the Port of Long Beach. His
responsibilities included Interface with the construction management team and the numerous
contractors involved with the project, Jim served as project director and superintendent for the Arnold
Heights Military Housing Demolition for the March Joint Powers Authority at the March Air Reserve
Base. Jim is serving /served as the project manager and principal agent for multiple completed and
currently on going phases of the SR -91, Corridor Improvement Demolition Projects for Overland, Pacific
and Cutler, Riverside County Transportation Commission and Caitrans
Todd Stewart — Project Manager/ Field Superintendent
Todd Stewart has 34 years of experience working in the construction Industry, with 20 of those years
worked in the environmental (asbestos abatement) industry, and also including 14 years in the
demolition Industry,
He has been a Project Manager, Division Manager, and a salesman for one of the largest asbestos
abatement firms on the West Coast. In that time he was directly involved in training, safely, state and
federal regulation compliance, environmental issues, customer service, corporate policy enforcement,
and all items associated with the bottom line,
Todd served as an abatement subcontractor's project manager for J &G's prior OCTA agreement for
property demolition services and he has served as project manager and field superintendent for a
variety of J &G's projects.
Project Experience;
OCTA Agreement No, C -95 -950 Property Demolition and Clearance Services, 1 -5 Freeway North
and Various Measure M Projects
Hughes, Fullerton — 3 2- million square feet of building demolition
Northrup, Pico Rivera — 3.4- million square feet of building demolition
® Port of Long Beach, Pier T project phases 1 and 4
Port of Los Angeles — Old United Cannery demolition
® Madonna Shopping Center, San Luis Obispo —150K square feet of demo
Twenty-nine Palms — Marine Palms housing demolition phases 2, 3 & 5
VA Medical Center, Long Beach — Building 122, demolition of multi- story, 300,000 square foot
structure
SR -91 Corridor Improvement Projects- Demolition Phase 1, 3, 4, 6, 713
J &G Industries
251 -53
Page 5
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No.: 14.026
Certifications:
• Certified Asbestos Abatement Supervisor
• Certified Lead Based Paint Supervisor
• 40 -hour Haz Whopper Course
• USACE Construction Quality Management for Contractors
• OSHA 10 -hour Construction Safety Outreach
• Heartsaver First Aid, per curriculum of AHA, renewal 2/16
• 32 -hour Procedures & Practices for Asbestos Abatement Contractors & Supervisors
• AHERA Asbestos Abatement Contractor Supervisor, exp, 9/14
• OSHA Hazardous Waste Operations, exp. 9114
• OSHA 30 -Hour Construction Course; exp 2115
p OSHA Orientation & Fall Protection Regulation
• C -2 Insulation/ Acoustic License
Eric Cain Field Superintendent
Eric has over 6 years of experience in the demolition industry and hazardous materials Industry. He has
taken courses and maintains multiple industry related certificates.
Eric has been a field superintendent for various City projects during this time, including the West 5t"
Street Demolition for the San Bernardino Redevelopment Agency as well as the Multiple Street (Bristol
St, Raymar St, Camille St, Main St & W, Highland St) Demolition for the City of Santa Ana Eric was
also a field superintendent for the Sherman Indian High School, Dorm Building #4 Demolition project for
the U.S. Department of the Interior, Bureau of Indian Affairs. Eric is a graduate of Chapman University
with a Bachelor of Arts degree.
Project Experience:
■ City of Santa Ana — Bristol, Bishop & Camille Street Demolition
City of Santa Ana -- S Bristol & Willits Street Multiple Residential Demolition
• City of Buena Park -- Fourth Street Residential Property Demolition
• City of Carson — Avalon Boulevard Demolition
• Long Beach, Atlantic Avenue Property Demolition
• Long Beach, Locust Avenue Property Demolition
• OCTA Agreement No, C -5 -2407 Property Demolition and Clearance Services — Placentia Avenue
Commercial Building Demolition
• San Bernardino Redevelopment Agency — West 5t" Street Residential Property Demolition
• Long Beach, Paramount Boulevard Commercial Property Demolition
a Long Beach, Artesia Boulevard and Orange Avenue Commercial Property Demolition
• City of Covina — Citrus Walk Demolition
J &G lndustrlas
251 -54
Page 6
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No,: 14.026
• OPC / RCTC / Caltrans — SR -91 C.I.P. Demolition Phases 1, 3, 4, 8, 76
Certifications:
• OSHA 10 -hour Construction Safety Outreach
• Heartsaver First Aid, per curriculum of AHA, renewal 2/16
• 32 -hour Procedures & Practices for Asbestos Abatement Contractors & Supervisors
• AHERA Asbestos Abatement Contractor Supervisor, exp 9/14
• OSHA Hazardous Waste Operations, exp 9/14
• OSHA 30 -Hour Construction Course exp 2115
• OSHA Orientation & Fall Protection Regulation
• DHS Accredited 3 -day Lead Worker Course
• National Utility Contractors Association (NUCA) Competent Person Training Program
• National Association of Demolition Contractors (NADC) Safety Summit
• NPDES Construction Site Storm Water Management Course
® Certified Registered Traffic Flagger
Mauro Ruiz — Field Superintendent
Mauro has been working in the demolition Industry for J &G as a superintendent and foreman for 18
years J &G as a superintendent and operator/ foreman He has taken courses and maintains multiple
industry related certifications. Mauro. served as a field superintendent for OCTA Agreement No, C -95-
950 Property Demolition and Clearance Services, 1 -5 Freeway North, and various Measure M Projects.
J &G completed nearly 50 demolition and site clearance CTO's for the previous 1 -5 Freeway widening
project.
Project Experience:
• OCTA Agreement No. C -95 -950 Property Demolition and Clearance Services, 1 -5 Freeway North
and Various Measure M Projects
• Port of Long Beach, Pier T projects phases 1 and 4
• City of Glendale on Broadway building demolition and site clearance
• 240t4 Street Harbor City building demolition and site clearance
• March Air Reserve Base — Arnold Heights Military Housing Multiple Residential Property Demolition
• Bureau of Indian Affairs, Dept of the Interior— Sherman Indian High. School Corm Building #4
Demolition
Certifications:
NAVFAC Construction Quality Management for Contractors, exp 7/15
OSHA 10 -hour Construction Safety Outreach
Heartsaver First Aid, per curriculum of AHA, renewal 2/16
32 -hour Procedures & Practices for Asbestos Abatement Contractors & Supervisors
J &G Industries
251 -55
Page 7
City of Santa Ana
On -Call Demolition Services RFP No.: 14.026
AHERA Asbestos Abatement Contractor Supervisor, exp 9114
OSHA Hazardous Waste Operations, exp 9/14
DHS Accredited 3 -day Lead Worker Course
National Utility Contractors Association (NUCA) Competent Person Training Program
OSHA Orientation & Fall Protection Regulation
National Association of Demolition Contractors (NADC) Safety Summit
Certified Registered Traffic Flagger
Proposed Subcontractors
The following subcontractors may be used on an as- needed basis:
Tri Span Inc. (8a /MBEIDBE) -- Asbestos /Lead and Hazardous Abatement
Contact: Joe Araiza, Principal - Tel, 714 - 257 -9680 / Fax; 714- 257 -9681
591 W. Explorer St, Brea, CA 92821
Licenses; #611639, Class A,B,C- 10,C -33, ASB & HAZ; expires 2/28115
DOSH 4218; expires 7/18/13
J &G has worked with Tri Span on aver 100 projects during the last 19 years..
T &T Environmental Inc. — Asbestos /Lead Survey
Contact; Robert Strong, Principal — Tel: 800.400 -4828 / Fax: 562 - 420 -3742
PO Box 3433, Lakewood, CA 90711
J &G has worked with T &T Environ on over 25 projects during the last 15 years,
On.Slte Environmental Inc. (SBE) — Asbestos /Lead Survey
Contact: James McQuade, Principal — Tel: 714. 920 -3$33 / Fax7 714- 530 -7108
10022 Dewey Dr #101, Garden Grove, CA 92840
Licenses: CDPH Inspector / Assessor, CAC #10 -4608
J &G has worked with On -Site Environ, on over 8 projects during the last 4 years,
May 27, 2014
Gittens Environmental & Engineering Inc, (DVBE)— Engineering /Environmental Support
Contact: John Gittems, Principal — Tel, 949 -$37 -9438 / Fax: 949- 472 -0517
22322 Platino, Mission Viejo, CA 92691
Licenses #586535 Class A, HAZ; expires 4/30/12
Registered Professional Engineer, Civil #C43505; expires 6/30114
J &G has worked with Gittens Environ on over 35 projects during the last 17 years.
Total Exterminating, Inc. — Pat/Vermin Control
Contact: Dwayne Hartzell, Service Manager — Tel, 714.630 -3215 / Fax: 714- 630 -2048
2811 E. Gretta Ln, Anaheim, CA 92806
J &G has worked with Total Exterminating on over 25 projects during the last 13 years.
Mel Smith Electric, Inc, — Electrical Work
Contact: Brian Dimsho, PM /Sr, Estimator — Tel- 714 - 761 -3205 / Fax: 714- 761 -4710
10950 Dale St, Stanton, CA 90680
Licenses; 9394741 Class A,B,C- 10,C- 12,C -21, HAZ; expires 11/30/14
J &G has worked with Mel Smith Electric on over 25 projects during the last 15 years.
Van Diest Brothers, Inc. — Utility Work
Contact: Gary Van Diest, Principal — Tel' 562- 633 -2835 / Fax- 562- 633 -0414
15315 S. Lakewood Blvd, Paramount, CA 90723
Licenses: 9157555 Class A, C-36; expires 7/31/15
J &G Industries
251 -56
City of Santa Ana
On -Call Demolition Services RFP No,: 14 -026
J &G has worked with Van Diest Bros on over 20 projects during the last 15 years.
California Protective Services — Site Security
Contact: Denise Rodriguez, Dev Manager -- TeL 310 -878 -1030 / Fax. 310- 818 -1062
436 W. Walnut St, Gardena, CA 90248
J &G has worked with CPS on several projects in the last 2 years.
May 27, 2014
United Pumping Services, Inc. (MBE) — Plumbing, Cleaning, Lab Packing, Disposal of
Misc.Materials
Contact: Rudy Ruiz, PM /Estimator — Tel: 626961 -9326 / Fax, 626. 961 -3799
14000 E. Valley Blvd, Industry, CA 91746
Licenses: #617639 Class A,C- 21,C- 31,C -42, ASB & HAZ; expires 4/30/15
J &G has worked with United Pumping on over 25 projects during the last 15 years.
Lightning Oil Company, Inc. — Hazardous Liquid /Fluids Removal /Disposal
Contact: John Santisteven, Principal — Tel: 626.274 -32461 Fax: 626- 852 -0085
740 N, Glendora Ave, Glendora, CA 91741
Licenses. EPA #CAD982359671 / State ID #2369
J &G has worked with Lightning Oil on over 15 projects during the last 4 years,.
G.D. Rodriguez Trucking (Mill —Trucking
Contact: George Rodriguez, Principal — Tel: 909 -593 -3747/ Fax, 626.815 -8671
PO Box 2211, Irwindale, CA 91706
J &G has worked with G..O. Rodriguez Trucking on over 100 projects during the last 9 years,
Federal Disposal Services, Inc. — Trucking
Contacts Don Shubin, Principal —Tel: 714 - 773 -5600 / Fax: 714 - 773 -5608
PO Box 14730, Irvine, CA 92623
J &G has worked with Federal Disposal Services on over 100 projects during the last 10 years.
National Construction Rentals — Fencing
Contact, Tor! Lacey, Customer Service Rep —Tel: 714 - 285 -02431 Fax: 714. 568 -5338
1105 East 6`� St, Santa Ana, CA 92201
J &G has worked with National Construction on over 50 projects during the last 17 years.
American Fence Company— Fencing
Contacts Dave Klatch, Customer Service Rep. — Tel: 562- 941 -3478 / Fax: 561 - 941 -0757
8312 Allport Ave, Santa Fe Springs, CA 90670
J &G has worked with American Fence on over 20 projects during the last 8 years.
Orange County Scaffolding, Inc. - Scaffolding
Contact, Chris Aphessetchs, President — Tel, 714 - 637 -6010 / Fax, 714 - 637 -7960
121 E. Meats Ave, Orange, CA 92865
Licenses: 9290438 Class D -39; expires 2128/15
J &G has worked with OC Scaffolding on numerous projects in the last 5 years.
Viking Demolition Contractors (SWBE) — Equipment
Contact: Todd Tredick, Owner — Tel: 818- 500 -94471 Fax, 818 - 500 -9630
540 W. Windsor Dr, Glendale, CA 91203
Licenses: #878551 Class C21, ASB; expires 5/31116
J &G has worked with Viking Demolition Contractors on multiple projects in the last 15 years.
J &G Industries
251 -57
Page 9
MY Of 8A*APA
Reveot for PpPouplo Demofflon ftpvoss
orgammuon Chart
Project Managers _j 1
777
Jim � L Cain
Field
Superintendents —7
-7- T.dd Slowed
Asbestos Abatement
Subcontractor I
Jim Cain
PMIPA I
Todd Stewart I I Tim Mulvaney
irlo'Caln
IEEEHI
. Subcontractor I
Mauro Ruiz
DamoiitiodlClearBnce
Safety Officer
Tim Mulvaney
Job Site Safety
AG
Fencing Utility Work
6�
. Subcontractor I - Subcontractor Subcontractor
cr,njnll.n cMrl
251-58
Todd Stewart
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No.: 14 -026
Labor Resources
Per CTO on a daily basis, J &G anticipates 1 -2 laborers (8 hours. each); 1 operator (8 hours
Each); 1 job foreman (8 hours each); and 1 superintendent (2 -8 hours each).
Proposed Key Personnel:
® Jim Cain, Project Manager/ Principal Agent — J &G, 25 years
® Todd Stewart, Project Manager /Field Superintendent — J &G, 16 years.
A Eric Cain, Field Superintendent — J &G, 8 years
■ Mauro Ruiz, Field Superintendent — J &G, 20 years.
® Tim Mulvaney, Project Manager /Field Superintendent —J &G, 25 years
/ John Gittins, Engineering / Environmental Consultant— GEE, 20 years
Team Availability
J &G has an experienced and committed team available to serve on this contract. Key
personnel will be available to the extent proposed for the duration of the project. No person
designated as "key" shall be removed or replaced without prior written concurrence of CSA.
Team Member
Role
Firm
%
Available
Jim Cain
Project Manager/Principal Agent
J &G
50 -100%
Todd Stewart
Project Manager/Field Superintendent
J &G
50 -100%
Eric Cain
Field Superintendent
J &G
50 -100%
Tim Mulvaney
Project Manager /Field Su erintendent
J &G
50 -100%
Mauro Ruiz
Field Su erintendeni/Operator
AG
50- 1000
John Gittens
Engineering / Env. Consultant
Gittens Env. & En
20 -60%
Four Operators
Equipment O erators
J &G
50- 100%
Ten Laborers
Laborers
J &G
50- 100%
Understanding of Need Statement
Contract Task Order (CTO) requests will be received and reviewed by Jim Cain, President of J &G, Mr.
Cain will negotiate with the CSA the costs to complete the CTO, Mr. Cain will assign a Project Manager
and Field Superintendent for the CTO. For small and medium size CTOs, the Project Manager can also
serve as the Field Superintendent, J &G's Project Managers are: Jim Cain, Todd Stewart and Tim
Mulvaney. J &G's Field Superintendents are* Todd Stewart, Mauro Ruiz, Eric Cain and Tim Mulvaney,
J &G Industries
251 -59
Page 10
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No.; 14026
J &G's assigned Project Manager will first manage the services that are required to be performed within
24 hours of CTO execution. If required, fencing and boarding will be installed to secure the site. All
necessary notices, ordinances, statues rules, laws, and regulations shall be followed in the
performance of the CTO. Notifications/ permits may include- city grading, city demolition, city sewer
capping, Orange County Health Care Agency ( OCHCA) tank closure, OCHCA water well closure,
OCHCA monitoring well closure, South Coast Air Quality Management District (SCAQMD) demolition,
SCAQMD asbestos abatement, SCAQMD VOC containing tank or soil abatement, OSHA excavation,
OSHA faisework, OSHA over height, and OSHA scaffolding,
The Project Manager will direct J &G's consultant to prepare a Notice of Intent (NOI) to comply with the
terms of the general permit to discharge storm water associated with construction activity, for sites that
are one acre or larger in size. The Project Manager will submit the NOI and permit fee to the State
Water Resources Control Board. When required, the Project Manager will direct J &G's consultant to
prepare a Construction Storm Water Pollution Prevention Plan ( SWPPP), or an erosion control plan.
Storm water best management practices will be implemented as needed for compliance with the
SWPPP /Erosion Control Plan.
A site specific Health & Safety Plan will be prepared for the project. The Field Superintendent will
conduct periodic tailgate Health & Safety meetings to cover health and safety issues with field workers.
J &G's consultant will periodically conduct site safety inspections Results are given to the Project
Manager for directing changes
Underground Service Alert will be contacted to have the location of utilities marked.. The Project
Manager shall contact utility companies to coordinate any required utility terminations. Where required,
sewer capping will occur at the beginning of work, The Field Superintendent will be on site at the time
the agency is scheduled to inspect the utility termination.
Care shall be taken to perform the services so as not to endanger the safety of any person or property.
At the start of the CTO, the Field Superintendent will visually survey existing improvements and utilities
near the work site, in order to protect them from damage Field Superintendent will also visually survey
the site for potential materials containing regulated /hazardous wastes. The Project Manager will contact
CSA of any findings
As directed by the CSA, the Project Manger will arrange for J &G's consultant to perform an asbestos
and lead -based paint survey and an abatement plan for the asbestos and lead containing materials
removal and disposal When an asbestos and lead -based paint survey has been previously prepared,
the Project Manager will arrange for J &G's subcontractor to prepare an abatement plan. The abatement
plan will be submitted to the SCAQMD for their approval. The Project Manger shall confirm that all
J &G Industries
251 -60
Page 11
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No,; 14.026
required licenses, permits and certifications have been acquired for implementing the abatement plan
The Project Manager will submit the SCAQMD approved abatement plan for CSA approval to proceed
with its implementation, Upon CSA's approval, J &G's abatement subcontractor will Implement the
abatement plan. Field Superintendent will verify waste is properly manifested for disposal at proper
facility,
Upon completion of abatement plan Implementation, the Field Superintendent will conduct a pre -
demolition survey to identify: that the asbestos, lead, regulated and hazardous wastes have been
removed as per their abatement plans; verify monitoring records; verify proper manifesting of waste
disposal; visually verify no other hazardous materials are left in demolition area; as required, verify site
is secured by appropriate fencing; verify that appropriate protection devices are in place, such as
pedestrian protection canopy; verify appropriate signing displayed (i,e, no trespassing, keep out
demolition in progress, danger, etc ); verify all utilities have been terminated; and erosion control
measures are in place, as needed and required, The Field Superintendent will use a checklist to
complete the pre- demolition survey. The Field Superintendent will confirm with the Project Manger that
the demolition area is ready for demolition, Structures ready for demolished will be clearly marked
"CLEAR FOR DEMO J &G."
Field Superintendent will direct crews in: structure demolition; improvements demolition; salvaging
procedures; solid waste clearing and disposal Where practical, concrete, asphalt, steel, non - ferrous
metals, and wood will be segregated and sent off -site for recycling, The site will be backfilled, graded
and a minimum of 1" base material will be placed over entire lot with sand bags /wattles at perimeter,
Field Superintendent will review fieldwork daily for compliance with CTO specifications and record
findings in a quality control log
Field personnel are trained to stop work upon the discovery of suspect asbestos, regulated, or
hazardous waste. The Field Superintendent will contact the Project Manager, who in turn will contact
CSA. The Field Superintendent shall leave the work site in a clean and neat condition, upon completion
of the CTO, The Project Manager will notify those agencies required for final inspections and sign offs
The Project Manager will track the CTO schedule and budget by using project management software.
Schedule and budget updates will be provided to the CSA as required. Project Manager will notify CSA
to have all work inspected within 24 hours of CTO work completion. The Project Manager will prepare
all required paperwork for final closure package and billing for the project.
J &G Industries
251 -61
Page 12
City of Santa Ana
On -Call Demolition Services RFP No.: 14 -026
May 27, 2014
Commercial Properties Demolition, Bristol Street Widening, 1211 W. Warner Ave & 2235 South
Bristol St, Santa Ana
Year: 2011
Project included demolition and removal of two commercial buildings, a former auto shop and liquor
store, Asbestos abatement was included in scope of work as well as sewer capping, grading of site to
drain and pumping of hazardous liquids. All work was completed within the time frame, in budget and
with no incidents, Eric Cain and Mauro Ruiz were supervisors on this project Tri Span performed the
asbestos abatement.
Completed: September 2011
Contract Value, $59,500.00
Contact: Jason Gabriel, Senior Civil Engineer 714. 647.5654
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92703
Commercial Building Demolition, Bristol Street Widening, 1631 N. Bristol St, Santa Ana
Year: 2013
Scope of work included demolition of a (3) story commercial building that included slabs and footings
removal as well as an elevator. Asbestos abatement was Included In the scope of work as well as sewer
capping, pumping of all hazardous fluids, grading site to drain and site clearance All work was performed
within the time frame and budget with no occurrences. Eric Cain and Mauro Ruiz were supervisors on this
project
Completed: March 2013
Contract Value $309,50000
Contact: Jason Gabriel, Sr Civil Eng. 714 -647 -5664
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92703
Commercial Property Demolition, 1221 East 1 atStreet, Santa Ana
Year: 2013
Scope of work included demolition and asbestos abatement of a 12,000 sq.ft. commercial building.
Work included removal of slabs and footings, sewer capping, leave site to drain and site clearance. Eric
Cain and Mauro Ruiz were supervisors on this project and all work was performed according to
schedule and budget,
Completed:
Contract Value,
Contact:
J &G Industries
September 2013
$74,00000
Jason Gabriel, Sr Civil Eng, 714 - 647 -5664
251 -62
Page 13
City of Santa Ana
On -Call Demolition Services RFP No., 14 -026
City of Santa Ana
May 27, 2014
20 Civic Center Plaza, Santa Ana, CA 92703
SR -91 Corridor Improvement Projects; Demolition Phases: #1, #3, #4, (current) #6, #78, Multiple
Sites In Corona, Overland, Pacific & Cutler, Inc.
Year. 2013.2014
Scope of work included(s) demolition of multiple commercial and residential properties, mobile home trailers,
and removal of slabs and footings for freeway widening project Trl Span performed hazardous abatement
operations and utility work was completed by Van Diest Bros. Todd Stewart, Eric Cain and Mauro Ruiz were
supervisors on these projects. Federal Disposal Services and G.0 Rodriguez Trucking performed trucking
services and both American Fence and National Construction Rental provided fencing services. All work has
been within budget and time frames
Completed: Phase I
Oct 2013
Phase III
Mar 2014
PhaselV
Apr2014
Phase VI
on going
Phase VII B
on going
Contract Values $17 million
Contact: Ken Forness or Josh Cosper, Project Managers, 951 -683 -2353
2280 Market St, #200, Riverside, CA 92501
Commercial Properties Demolition, Citrus Walk Demolition, City of Covina
312 -332 N. Citrus Ave; 116 -126 E. School St; 118.125 E. Italia St
Year: 2011
Scope of work included demolition of multiple commercial buildings in a city block as well as slabs and
footings. Stockpiling and processing of concrete and asphalt was also included.. Utilities were
terminated (sewer capped) by Van Diest Brothers. Permits were obtained from the city for demolition
and sewer capping, and SCAQMD for demolition and asbestos abatement. Envirocon Contracting, Inc
provided asbestos abatement services. G,O. Rodriguez Trucking and Federal Disposal Services
provided trucking services. American Fence Company provided fencing services Eric Cain was the
Project Manager and Field Superintendent. All work was performed in budget, within the time frame
and with no incidents.
Completed:
March 2011
Contract Value;
$248,336.75
Contact:
Lisa Brancheau, Redevelopment Manager, 626 - 384 -5441
J &G Industries
251 -63
Page 14
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No,: 14 -026
City of Covina
125 E_ College St, Covina, CA 91723
Commercial Properties Demolition, Riverside County Transportation Commission
6681 & 6691 Indiana St, Riverside
Year: 2011
Scope of work included the complete demolition of existing buildings, site work demolition, installation
of BMP's, demolition of the adjoining block wall and asbestos /hazardous materials abatement Todd
Stewart was the project manager for this project and Eric Cain was the field superintendent. Tri Span
performed the hazardous materials abatement and National Construction Rentals provided the fencing
for this project
Completed: October 2011
Contract Value: $118,200,00
Contact; Gina Gallagher, Riverside County Transportation Comm., 951- 787 -7141
Mark LaBounte, Project Manager, 951 -683 -2353
CIO Overland, Pacific & Cutler, Inc
2280 Market St, #340, Riverside, CA 92501
Six Structure Demolition — City of Garden Grove, 12601, 12602 Leda Ln, 12881, 12691,12625 &
12721 Harbor Blvd, Garden Grove
Year: 2012
Scope of work included the complete demolition of residential and
commercial properties, hazardous materials abatement, sewer capping and
site clearance. Eric Cain was a supervisor on this project.
Completed: April 2012
Contract Value: $387,385.00
Contact: Carlos Marquez, Project Manager 714 -741 -5131
City of Garden Grove
11222 Acacia Pkwy, Garden Grove, CA 92840
Mid Valley MPC —City of Los Angeles, GSD, Construction Forces Div, 9540 Van Nuys Blvd,
Panorama City
Year: 2011
Scope of work Includes demolition of 36,000 sq, ft. former medical building, including basement. Also
Included was disposal of slabs and footings and site clearance. Todd Stewart and Mauro Ruiz were
supervisors on this project. All work was completed on time and in budget.
Completed, July 2011
d &G Industries
251 -64
Page 15
City of Santa Ana May 27, 2014
On -Call Demolition Services RFP No.: 14 -026
Contract Value: $173,142.63
Contact; Louisa Tan, Admin Mgr, 213 - 473 -0657
City of Los Angeles
555 Ramirez St, Space1500, LA, CA 90012
Right of Way Demolition & Clearance Services — Orange County Transportation Authority
CTO #C -6 -2407; 360, 380, 450 & 480 S. Placentia Avenue Demolition and Site Clearance
Year: 2009.2010
Project included multiple Contract Task Orders per our master agreement, No. C -5 -2407 at various
locations along Placentia Ave for OCTA, Grade Separation Projeot,Tasks included securing site with a
chain link fence, obtaining all required permits, preparing and furnishing water pollution control plan in
accordance with CALTRANS Manuals and implementation /maintaining plan, removal of contaminated
soil, asbestos, lead and other hazardous materials, coordinating and or terminating utilities, demolition
and removal of structures that included a 30,000 sq ft concrete tilt -up structure, car wash facility and
former gas station Sites were backfillad, compacted and graded to drain As a close out requirement,
J &G prepared and provided to OCTA all required manifests for all hazardous materials taken off site for
disposal. As with all projects, recycling is part of our operations and the above project achieved greater
than a 90% recycling effort James Cain was the project manager and Eric Cain was the field
superintendent. Tri Span provided asbestos abatement services and Gittens Environmental performed
the soil contamination removal /manifesting and reporting
Completed: August 2010
Contract Value: $251,61930
Contact: Bill Mock, Right of Way Agent - Tel: 714 - 560 -6282
Orange County Transportation Authority (OCTA)
550 S. Main St, Orange, California 92863
Reside ntlal /Commercial Properties Demolition -- City of Santa Ana
418, 718 & 908 N. Bristol St, Santa Ana
Year: 2010
Scope of work included complete demolition of properties of a single family residence, restaurant and
former chiropractic office including above and below grade improvements All required permits wore
obtained for the project. Included was rat and vermin abatement prior to demolition and providing
written certification Asbestos and lead abatement was performed prior to demolition per surveys
provided by the City. BMP's were installed and sites were left backfilled and graded with imported CMB
J &G Industries Page 16
251 -65
City of Santa Ana May 27, 2014
On-Call Demolition Services RFP No.: 14 -026
Eric Cain was the field supervisor on this project, Federal Disposal Service provided trucking services
and Tri Span performed asbestos abatement
Completed: June 2010
Contract Value: $69,950,00
Contact: Souri Amirani, Deputy City Engineer - Tel: 714.547.5059
City of Santa Ana
20 Civic Center Dr, Santa Ana, California 92701
School Property Demolition — Sherman Indian High School Dorm Bldg #4 Demolition
9010 Magnolia Ave, Riverside, California 92503 — Bureau of Indian Affairs, Dept of Interior
Contract: #CMH00090004
Year 2009
Project included demolition and removal of a 27,000 sq ft dormitory with basement on an active
campus Scope of work Included fencing site, implementation of BMP's, capping of utilities I e•. gas,
water and sewer without interruption to facilities that remain, Also included was removal and disposal of
asbestos containing materials, import of dirt to backfill and compact basement and grading of site to
drain. All work was completed within the time frame, in budget and no incidents. James Cain was the
project manager and Tri Span performed the asbestos abatement,
Completed: November 2009
Contract Value: $219,09600
Contact Leroy Tewaha'ftewa, On Site Project Manager— 951 -276 -6325
Len Chester, Project Administrator — 602 -379 -6755
Bureau of Indian Affairs, Dept of Interior
2600 N, Central Ave, Phoenix, Arizona 85004
J &G Industries
251 -66
Page 17
City of Santa Ana
On -Call Demolition Services RFP No.: 14 -026
May 27, 2014
References
J &G takes pride In doing each job well done, CSA is welcomed to contact any of the contacts
referenced in the above project descriptions,
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92703
Jason Gabriel, Sr, Civil Engineer, 714 -647 -5664
City of Covina
125 E. College, Covina, CA 91723
Usa Brancheau, Redevelopment Manager, 626- 384 -5441
OCTA
550 S Main St, Orange, CA 92883
Bill Mock, Right of Way Agent, 714 -560 -6282
City of Los Angeles, GSD, Construction Forces Division
,555 Ramirez St, Space 150C, LA, CA 90012.
Louisa Tan, Admin. Manager, 213- 573 -0657
City of Garden Grove
11222 Acacia Pkwy, Garden Grove, CA 92840
Carlos Marquez, Project Manager, 714 - 7415050
J &G Industries Page 18
251 -67
APPENDIX
EXHIS``IT p- 1: :NO.N- CQ'LLUSION AFFIDAVIT
I
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO.: 14-026
NON - COLLUSION AFFIbAVI7
(Title 23 United States Code Section 112 and
Public Contract Code Section 71 06)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
in accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made In the Interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has
not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by
agreement communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham bid,
Note- The above Non - collusion Affidavit is part of the Proposal Signing this Proposal on the signature
portion thereof shall also constitute sign fq�of this Non - collusion Affidavit BIDDERS are cautioned that
making a f ficati m y s bI the gertifierto criminal prosecution
Signed
State of Ca ifo nia
County of
sort e and sworn to (or affirmed) before me on this day of 20 by
j� r
proved to me on the basis of satisfactory evidence to be the person who
appeared before me
qWK:198EALEYA'M4
MM, y20E9644 as ry Putilla Calttamta Crange counm, IrasJu 17 AA17
INotary Pu 'c Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
APPENDIX
EXHIBIT D -a. NON- LOBBYING 'CERTIFICALION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL DEMOLITION SERVICES
RFP NO,; 14 -026
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2 If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection Wth this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities"
This certification is a material representation of fact upon which valiance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U S Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure,
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100, D00 and that all such
sub recipients shall certify and disclose accordingly
Firm J &G In
Signed and Printed Name:
ON -CALL
Date Lf /:
James
SERVICES
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE,
__. rtr„ n nP tq -mF
Local Assistance Procedures 11(anual NXHMIT 10 -01
Consultant Proposal DBE Cornlnitouent
EX MIT10 -01 CONST7I JTANT PROPOSAL DBE COMMITMENT
(Inclusive of s.11Ms listed stbidpmposal Refer to instructions on the reverse side of this form)
r; i Y+S'Sai r iir..e "ki
ON
Na
1 Loci Agency Name: City of Santa ^a, Ptt}aI'C wnrks De ari @nt
2, Project Locations TBD Santa Ana
3 Proja'.Desxlpflon•TBD Demolition
4 ConsultentNane J &G industries, Inc.
5. Contred D9EGos W 11 . $2
DBE Commitment Information
6 Derrrlptlondr�vloe;tobe Provides
7. DBE Firm
Gontsd Informatl on
Number
9. DBE%
Asbestos Abatemnt
Tri Span Inc
26203
DD
Truckin' Services
G.O. RodricTmez Truckina
39690
TBD
n Tynv /Enq
�^ P
16, Local Agency Contract Number•
17 Fedear -aid Pmja:t Nurrbw,
Is proposed Contruat Execution Data,'
Local Agoracy certifies that all D:BB certifications are valid and the
trAermadon on this fbrm is complete and accurate:
Sara s Slgu e
J mes K. Cain
12; Preparers Nama(Print)
President.
19. LoeA Agency Repre antative Name (Pri nt)
2e. local Agenay i2apeesentetiveSpgnature 21. Duto
Z2 Looal Agoucy Representative Title -1(A Code) Tel. No.
13. Preparers Tntle
71a_ana 2802-
14 Date 15. (Arc -a Ccde)Yd Na
Distdbudoa- (T)Oieb.'>a7.— Consultant submits folocel agency with proposal
(2) Copy —Local Agency files
Page 1 of 2
Local Assistance Procedures Nhnual M MIT 10 -01
Consultant Proposal DME Commitment
INSTRUCTIONS- CONSULTANT PROPOSAL DBE COMMITMENT
Consultant Section
TheConsultant shall:
1 L ocal Agency Name— Enter the name of the local or regional agency that isfunding the contract
2 Proj ect Location - Enter theproject location as it appears on the project advallwirent,
3 Prqj act Description - Enter thaprojeet description as It appears on theproject advertisement (BrI to Rehab, Seismic Rehab,
Overlay, Widening, etc.).
4. Consultant Name- Enter the consultant'sfirmname.
5. Contract DBE Goal % - Enter the cdntra t DBE goal percentage, alit was reported on the Exhibit 10 -1 Noticeto Proposers
DBE Information form. See LAPM Chapter 10.
8. Desarl ptlon of Servicesto be Provided - Enter Item of work dwilption of servicesto beforovided. Indicateall work to be
performed by DBEs Including work performed by tha prime consultant's own forces, if thepdme iss DBE, If 100% of the Item
is not to be performed orfurnishd by the DBE, dwibethe exact portion to be performed or furnishd by the DBE SeeLAPM
Chapter 9 to determl ne how to count tha partld patios of DBE firms.
7 DBE Firm Contact I nFormation - Enter thenarna and teiephonanumber of of DBE subcontracted consultants. Also, enterthe
pri me ronsultant's name and telephone number, If the prl ma i s a DBE.
8 DBE Cert. Number - Enter N DBE9 Certification Ident1ficetion Number , All DBEis must be certified on the date bids are
opened, (DBE subcontracted consuitents should notify the prime consultant in writing with the date of the dECatifl cation if their
status shoul d change duri ng the course of the contract )
9 D E % - Percent partl d pation of work to be performed de aevl ca provl del by a DBE I rd ude the prime consultant if the prl me
is aDISE, See LA PM Chapter 9 for how to count fulIJpati@I patid pall on
10 Total %Claimed — Enterthp total DBE part! d poll ondaj mod, If the Total ° a a] mad is I ess then I tam " 6, Contract D BE Goal
an adequatel y documented Good Faith Effort (GFE) is required (sea Exhibit 15-H DBE Information - Good Faith Efforts of the
LAPM).
11 Prepar er' sSi gnatura— The person comp] sit ngthissedlonof the form for the consul tant 'eflrm must dOnthdrname.
12. Preparer'sName( Print)— Cicarlyenterthenameofthepesonsign! ngthissectionoftheformfortheconsultnt,
13 Preparer'aTItIa -Enter the pod ti on/ti tie of the person d gn! ng thil s se-ti on of the form forthe corisultont
14 Date - Ente - the date thissoctlonof the form Issignedby the prepare
15 (ArW God a)Td No - Entethe arm code and tdsp hone number of the person sgning this secVonof the form for the
consultant,
Local Agency Section,
The Local Agency representativeshall:
18 Local Agency Contract Number - Enter the Local Agency Contract Number
17 Fade -al -Aid ProjedNumber - EntertheFederal - AtdProJcotNumber.
18 Conte ad Execut jon D ate - Enter date the contract was executed and Not ce to Proceed issued Sce LAPM Chapter 1 O, page 23
19 Local Agency Rep resent at! ve Name (Pr int)- CI earl y enter Ina name of the person compidingINssecilort
20 Local Agency Rep res entativeS gnatura- The person completing thlssetionof the form for the LodAgency must sign the! r
name to certify that the I nformati on i n thla and the Consultant Section of this form is compl ate and accurate.
21 Date - Enter the date the Local Agency RepresentAl ve d gns theform.
22, LocalAgancy Rep reszntativeTitle- Enta- the pod ifon/ titleof the person .dgningthiasedionof the form.
23. (AreaCode)Tel No. - Enta- the area code end telephone number of the Local Agency representativesigning this section ofthe
form,
251.71 nor,,.. e 1m Page2of 2
z
Local AssistanceProaednres Manual EXHBIT 10 -I
Notice to Proposers WE Information
ExRwn 10-I NOTICE TO PROPoms DBE INFORMATION
The Ageneyhas. establisbedaDBE goal for this Contract of % y"C
OR
The Agenoy has not established a goal for this Contract However, proposers are encouraged to obtain DBE,
participation for this contract.
1. nRMS AS -USED INT 3iS DOCUMENT
❑ The term" DisadVantaged Business Enterprise" or" DBE" means a fbr -profit srnallbusiaess concern
owned and controlled by a sociallyand economicallydisadvantaged person(s) as defined in Title 49,
Code ofFederal Regulations (CFR), Part 26 5
❑ The term "Agreement" also means " Contract "
❑ Agency also means the local entity entering into this contract with the Contractor or Consultant,
❑ Theterm "Small Business' or "813" isas defined in49CFR2665
2. AUTRORITY AND RESPONSIBILITY
A. DBEs and other smallbusinesses are strongly encouraged to participate in the performance ofContracts
financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Di sadvantaged
B us ness Entepri ses i n Department of Transport at! on Fi nand al Ass stance Programs'), The Consultant
must ensure that DBEs and other small businesses have the opportunity to participate in the performance
of the work that is the subject ofthis solicitation and should take all necessary and reasonable steps for
this assurance, The proposer must not discriminate on the basis ofrace, color, national origin, or sex in
The award and performance of subcontracts
B Proposers are encouraged to use services oSared by financialinstitutions owned and controlled by DBEs
3, SUBMISSION OF DBE INFORMATION
Ifthe,re, is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Commitment roust be
included in the Request £ar Proposal In order for a proposer to be considered responsible and responsive, the
proposer must make good faith e$nrts to meet the goal established for the contract. Ifthe goal is not rxiet, the
proposer roust document adequate good faith efinrts ARDBE participation will be counted towards the
contract go a1; therefore, all DBE participation shall be collected and reported
Exhibit 10 -02 Consultant Contract .DBE Information must be included with the Request for Proposal Even if
no DBE participation will be reported, the succossfirlproposer mist execute and return the 5rrn
4, DBE PARTICIPATION GENERAL INFORMATION
It is the proposers responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department's CBE program devil oped pursuant to the regulations. Particular attention is directed to the
fnIlowing-
A A DBE must be a straIl business finer defined pursuant to 13 CFR 121 and be certified tlx-ough the
Cali( arnia 'UnMedCertification Program (CUCP), s "�
T 11 1 n,
251 -72
aIof3
R 7Af'A
Local Assistance Procedures Manual EXB BIT Io -I
Notice to Proposers MW Information
B. A certified DBE maypardoipate as a prime consultamt, subcomultant, joint venture partner, as a vendor
oftnaterial or supplies, or as atrucl6mg company
C A DBE proposer not proposing as ajoint venture with a non -DBE, will be required to document one or a
conibiraation ofthe fallowing:
I The proposer is a DBE and will meet the goal by performing work with its own farces
2. The proposer willmeetthe, goalthrough workperforined by DBE subconsultants, suppliers or
trucking companies.
3. The proposer, prior to proposing trade adequate good faith efforts to meet the goat
D A DBE joint venture partner must be responsible far specific contract items ofwork or clearlydefrned
portions thereof Responsibilitylrrans actuallyperfnrming, managing, and supervising the work with its
own forces The DBE joint venture partner rtust share in the capital contribution, control, management,
risks and profits ofthe joint venture commensurate with its ownership interest.
E. A DBE must perform a commerciallyuseful function pursuant to 44 CPR 26 55, that is, a DBE firm
must be responsible fur'tho execution ofa distinct element oftlte work and must carry out its
responsibtEty by actuallyperforining managing and supervising the work.
P The proposer shall list onlyone subconsultant for each portion ofwork as defused in their proposal and all
DBE subconsultants should be listed in the bid/cbst proposal list ofsubconsultants,
G A prince consultant who is a. certified DBE is eligible to claim all ofthe work in the Contract toward the
DBE participation exceptthat portion ofthe work to be performed by non -DBE suboonsultants,
5. R£S0131110ES
A, The CUCP database includes the certified DBFs from all certifying agencies participating in the CUCP, if
you believe a firm is certified that cannot be located on the database, please contact the CaBrans Office of
Certification toll -co number 1- 866 - 810 -6346 fur assistance.
B Access the CUCP database from the Department ofTransportation, Office ofbusiness and Economy:
Opporumity Web site at: httpVlwAwdot.ca.gov/hq/bop/,
1. Click on the link in the left; menu titled Disadvantaged Business Enterprise;
2. Click on Search fbr a DBE Firm link;
3, Click onAQgg1 t t e $E.,Query F m located on tiro first line in the center ofthe page.
Searches can be performed by one or more criteria Follow instructions on the screen
6. MATERIALS OR SUPPLIFS PURCHASED FROM DRIES COUNT TOWARDS THE ME GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manuficturor, count 100 percent ofthe cost ofthe
materials or supplies, ADBE rinnufacturer is a furnthat operates or maintains a factory, or establishment
that produces on the premises the materials, supplies, articles, or equiprmnt rogWred. under the Contract
and ofthe general character described by the specifications
B rf the materials or supplies p=l=ed from a DBE regular dealer; count 60 percent ofthe cost ofthe
materials or supplies ADBE regular dealer is a firmthat owns, operates or maintains a store, warehouse,
or other establishment in which the matezials, supplies, articles or equi.pnaeart ofthe general character
d.escribod by the specif cations and required under the Contract are bought, kept in stack, and regularly
sold or leased to the public in the usual course ofbusiness. To be a DBE regular dealer, the fummust be
an established, regular business that engages, as its principal business and under p ;n name, j .1
251 -73 6o3
x04gP
2 of
Local AssfstanceProcedures Manual EX MIT 70 -I
Notice to Proposers DBE Information
purchase and sale or lease of the products in question A person maybe a DBE regular dealer in such bulic
items as petroleurnproduots, steel, cement, gravel stone or asphalt wthoUt owning operating or
maintaining a place ofbusiness provided in this section
C. If the person both owns and operates distribution equipment far the products, any supplementing of
regul ar deal erg own distri but! on equi pment sheJ I be, by a long-term lease agreement and not an ad hoc or
Agreement -by- Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons
who arrange or expedite transactions are not DBE regular dealers within the meaning ofthis section.
D Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, wilibe
limited to the entire amount offees or commissions charged far assistance in the procurement ofthe
materials and supplies, or fees or transportation charges fnr the delivery ofrnaterials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with faes charged for
similar services
251 -74
Page 3 of 3
251 -75
Exhibit 2
ON CALL_ DEMOLITION SERVICES AGREEMENT.
TFIIS ACrREEMENT, made and entered into this 5th day of August, 2014 by and
between NorthStar Demolition and Remediation, LP., a California limited partnership and a
NorthStar Group lIoldings Company (hereinafter "Contractor "), and the City of Santa Ana, a
chatter city and municipal corporation organized and existing tinder the Constitution and laws of
the State of California (hereinafter "City ").
RECITALS
A. On or about May 6, 2014, the City issued a Request for Proposal ( "RFP ") No. 14 -026
for on -call demolition services on art as,necded basis for projects which include but
are not limited to: various phases of the Bristol Street, Grand Avenue, and Warner
Avenue Widening Projects. Contractor was one of the companies that submitted a
proposal. The proposals were evaluated and Contractor was one of two companies
selected to provide on -call demolition services.
B. The City desires to retain a Contractor having special skill and knowledge in the field of
providing on -call demolition services.
C. Contractor represents that Contractor is .able and willing to provide such services to the
City.
I). Tn 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 farm 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:
I. SCOPE OF SERVICES
Contractor shall provide on -call demolition services, as set forth in the City's On -Call,
Demolition Services RFP #14 -026, dated May 6, 2014, attached hereto as Exhibit A, and
Contractor's Proposal, dated May 27, 2014, attached hereto as Exhibit B and incorporated by
reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in its proposal attached hereto as Exhibit B. The total
sum to be expended under this Agreement shall not exceed four hundred thousand dollars and
zero cents ($400,000.00).
251 -76
b. All invoices for work performed under this Agreement shall be submitted to a
format approved by the City. Invoices shall include the following at a minimum:
(i) Consultant's invoice number
(ii) Dates of service covered by the invoice
(iii) City project number and /or name (if applicable)
(iv) "Work site address or location (if applicable)
(v) Tasks completed
C. Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work which fails
to meet the standards of performance of a professional in the industry.
3. TERM
This term of this Agreement shall be for an initial three (3) year period, commencing on
August 5, 2014, and ending on August 4, 2017, unless terminated earlier in accordance with
Section 12, below.
4. 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 mamrer consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employers social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Comprehensive General Liability Insurance. Contractor shall maintains
comprehensive general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shah include, but not be limited to
protection against claims arising from bodily and personal injury, including death resulting
there from and damage to property, resulting from any act or occurrence arising out of
Contractor'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 there from,
and property damage, in the total amount of $2,000,000 per occurrence. Contractor shall
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supply City with a fully executed additional insured endorsement on a form approved by the
City Attorney at the time this Agreement is executed.
b. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
c_ Any person providing professional services pursuant to this Agreement
shall maintain Professional Liability (e:nrors and omissions) insurance against medical
malpractice with a combined single limit of not less than $1,000,000 per claim.
d. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section!
(i) Contractor 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.
e. If Contractor 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 affect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work perfomaed prior to approval
of insurance by the City.
6. FNDEMNIFICATION
Contractor agrees to 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 health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor 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 indem'ni'ty and hold harmless agreement applies to all claims
for damagos, just compensation, restitution, judicial or equitable relief suffered, or alleged to
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have been suffered, by reason of the events referred to in this Section or by reason of the terns
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, mid 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.
7. CONFIDENTIALITY
If Contractor receives from the City 'information which due to the nature of such
information is reasonably miderstood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such inhumation 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.
8. CONFLICT OF INTERFST CLAUSE
Contractor covenants that it presently has no interests and shall not acquire any interests,
direct or indirect, which would conflict in any manner with performance of services specified
under this Agreement. No persons leaving such interest shall be employed by or associated with
Contractor.
9. 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 telefacsimile 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
24 Civic Center plaza (M -30)
P.O. Box 1988
Santa.Ana, CA 92702 -1988
Fax (714) 647 -6956
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With courtesy copies to:
cf'li 1
Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.U. Box 1988
Santa Ana, California 92702
Fax(714)647 -5635
City Attorney
City of Santa, Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647 -6515
To Contractor: NorthStar Demolition and Remediation, LP
404 North Berry Street
Brea, California 92821 -3104
Fax (714) 672 -3501
A patty may change its address by giving notice in writing to the other party. Thereafter,
any cormnunication shall be addressed and transmitted to the new address. If sent by mail, any
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 sere forth above. If sent by telefaesimile, 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 sett forth above. For porposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
14. EXCUUSIVITY 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, including the terms of
the UP not specifically referenced in this Agreement, between the parties. In the event of a
conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail, This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City,
Each party to this Agreement acknowledges that no representations, inducements, promises or
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agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
11. 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.
12. TERMINATION
'Phis Agreement may be terminated by either party upon thirty (30) days written notice of
either party.
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. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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.
13, RETENTION 0F RECORDS
Consultant agrees to retain all records relating to this Agreement for a period of three (3)
years after City makes final payment.
16. CERTIIIICAT.IONS
a. Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency and /or their duly
authorized representatives if applicable for a period of three (3) years from the termination of
this Agreement. For a period of three years after final delivery hereunder or until all claims
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related to this Agreement are finally settled, whichever is later, Consultant shall preserve and
maintain, all documents, papers and records relevant to the services provided in accordance with
this Agreement, including the Attachments hereto. For the same time period, Consultant shall
make said documents, papers and records available to City and the agency from which City
received grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Consultant, upon request during usual
working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to
provide to the agency from which City received grant funds or other persons or agencies.
C. Section 504 of the Rehabilitation Act of 1973 „(IIandicapbed) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act
shall be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
d. Americans with Disabilities _Act-of 1990 - (ADA) Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
C. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
farther the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act ".
f., Civil Rights Compliaace gnu l Totification ofFindinas - Consultant will comply,
and all its contractors will comply, with the nondiscrimination requirements of the Omnibus
Crime Control and Salle Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
[rehabilitation Act of 1964, as amended; Subtitle A, Title it of the Americans with Disabilities
Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act
of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D,
E, and Cr; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and
39. In the event a Federal or State court., Federal or State administrative agency, or the Recipient
makes a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, seat, or disability against a recipient of funds, the Consultant will
forward a copy of the findings to City which will, in turn, subunit the findings to the Office of
Civil Rights, Office of Justice Programs, U.S. Department of Justice.
g. Consultant will comply, and all its contractors will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
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Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60), as applicable.
h. Consultant will comply, and all its contractors will comply, with all
requirements of the Copeland "Anti - Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3), as applicable.
i. Consultant will comply, and all its contractors will comply, with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
j. Consultant will comply, and all its contractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40
U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part: 5), as
applicable.
k. Consultant will comply, and all its contractors will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
the Environmental Protection Agency regulations (40 CFR part 15), as applicable.
1. Consultant will comply, and all its contractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub.. L. 94 -163, 89 Stat. 871), (53
CFR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as
applicable.
M. Consultant agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and
paid for with funding through this Agreement.
n. Consultant may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the federal awarding
agency, State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and /or City purpose;
(i) the copyright in any work developed through this Agreement; and
(ii) any rights of copyright to which the subcontractor purchases ownership with
support through this grant. The Federal government's, SAA's and City's rights
identified above must be conveyed to the publisher and the language of the
publisher's release form must ensure the preservation of these rights.
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 berms of this Agreement,
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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 fi7lly
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
MARIA HUIZAR DAVID CAVAZOS
Clerk of the Council City Manager
APPROVER AS TO FORM: CONTRACTOR
SONIA R. CARVALH(D NorthStar Demolition and Remediation, LP,
City Attorney �j
By. �v'.�bU-L��'q. r a Z'uu.
Laura A. Rossini Subhes lUtara
Senior Assistant City Attorney President
RECOMMENDED FOR APPROVAL:
EDWIN WlUTAM GALVEZ, P.E.
Interim Executive Director of
Public Works Agency
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