HomeMy WebLinkAbout25B - AGMT - DT MAINTENANCE SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2014
TITLE:
AGREEMENT WITH ORANGE
COUNTY CONTRACTOR SERVICES
FOR DOWNTOWN GENERAL
MAINTENANCE SERVICES
/ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1°` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a three -year agreement, ending
June 30, 2017, with Orange County Contractor Services dba Orange County Mailboxes and
Construction to provide general maintenance services in the Downtown Santa Ana area for an
amount not to exceed $25,000 per year, subject to non - substantive changes approved by the
City Manager and City Attorney. Execution of this agreement includes the option to extend for up
to three additional twelve month periods.
DISCUSSION
To ensure that Downtown Santa Ana is a clean, safe and vibrant place to do business, the City
provides general maintenance services in the Downtown area. This covers streets, sidewalks,
and parking, as well as repairs to bollards and pavement, and electrical and plumbing repairs to
city -owned property on a call -out basis. Contract services are necessary to assist with specialty
maintenance projects specific to the Downtown area.
On June 23, 2014, the City released a Request for Proposals (RFP) for General Maintenance
Services in the Downtown (Exhibit 1) to 19 general maintenance contractors. Two bids were
received and evaluated:
Firm
Price for Maintenance
Services
Percentage of
Material Markup
Minimum Service
Call Charge
H.L. Miller Inc.
$85 /hr
15%
$170 /call
Orange County
$72 /hr
10%
$144 /call
Contractor Services
25B -1
Agreement with Orange Co. Contractor Services
September 16, 2014
Page 2
Upon review of the bidders' statements and bid item pricing (Exhibit 2), Orange County
Contractor Services' bid came in as the lowest and meets the City's requirements as outlined in
the RFP.
The City entered into an agreement with Orange County Mailboxes and Construction on April 12,
2010 to provide general maintenance support services to the Downtown. Subsequent
amendments extended the agreement through June 30, 2014.
Recently (July 1, 2014), the Public Works agency entered into a separate citywide general
maintenance services agreement with Orange County Mailboxes and Construction for an amount
not to exceed $25,000. Public Works' agreement with Orange County Mailboxes and
Construction covers citywide baseline maintenance services such as guardrail bollards, block
walls, and fencing. Cumulatively, the two agreements exceed $25,000.
Orange County Mailboxes and Construction has provided excellent service and maintenance
during the terms of its past agreements with the City. Staff recommends that we continue this
responsive service and maintenance and approve the current agreement with Orange County
Mailboxes and Construction.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #3 Economic Development, Objective 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public
environment in the downtown (including the Wellness Corridor) through enhanced amenities,
improved wayfinding and engaging street/sidewalk design and lighting).
FISCAL IMPACT
Funds are available in the Downtown Maintenance Fund (accounting unit 40718842 - 62300).
Leigh Eisen
Downtown Development Liaison
Community Development Agency
le /he
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez 5
Executive Director
Finance & Management Services Agency
Exhibit: 1. RFP for Downtown General Maintenance Services
2. Bidder's Statements
3. Agreement
25B -2
REQUEST FOR PROPOSALS
DOWNTOWN SANTA ANA
GENERAL MAINTENANCE SERVICES
CITY OF SANTA ANA
Community Development Agency/
20 Civic Center Plaza, M -25
Santa Ana, CA 92702
Key Dates
Issue Date: June 23, 2014
Due Date: July 8, 2014 - 4:00pm
Marc Morley
Economic Development Specialist
Community Development Agency
(714) 647 -6588
(714) 647 -6549 Fax
mmorley @santa- ana.org
Exhibit I
25B -3
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Downtown Santa
Ana General Maintenance Services. Responses to the Request for Proposal will be accepted until Tuesday,
July 8, 2014 at 4:00 p.m. If further information is required, contact Marc Morley at mmorlevCdsanta- ana.oro or
(714) 647 -6588.
Emailed proposals preferred. Please send to mmorlev(o)santa- ana.ong by July 8, 2014 at 4:00 p.m
MAILED or DELIVERED BY HAND or COURIERED proposals will be accepted as follows:
City of Santa Ana
c/o Marc Morley
Community Development Agency
20 Civic Center Plaza, 6th Floor (M -25)
Santa Ana, CA 92702
It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be
received by the City of Santa Ana prior to the proposal due date and time. Late proposals will be returned
to the proposer unopened.
25B -4
REQUEST FOR PROPOSAL (RFP)
I. INTRODUCTION
The City of Santa Ana (City) is requesting proposals from experienced firms (Contractor) to provide
Downtown Santa Ana General Maintenance Services.
II. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the
provider of such occurrence and contract shall terminate on the last day of current fiscal period without
penalty or expense to the City.
III. PERIOD OF CONTRACT
The contract shall be for a period from the date of execution of the agreement through August 31, 2015.
Prices shall be firm for a period from the date of agreement award through August 31, 2015. Thereafter,
prices may be adjusted as per option of renewal.
IV. OPTION OF RENEWAL
The contract may be extended subject to written notice of agreement from the City and successful offeror,
for up to two (2) additional twelve (12) month periods beyond the primary contract period. Said extension
shall be subject to the same terms and conditions as the present contract. Increases shall be negotiated
and adjusted after each twelve (12) month term.
V. SCOPE OF WORK/SERVICES
The scope of work may include any and all work efforts related to the Downtown Santa Ana General
Maintenance Services per Exhibit A.
The Contractor shall provide services under the direction of City staff and will be expected to provide
experienced and knowledgeable professional staff. The Contractor shall be responsive and maintain
excellent working relationships with city residents, downtown property owners and businesses, government
officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in
order to adhere to established schedules. The Contractor shall be knowledgeable and very familiar with
federal, state and local regulations.
VI. GENERAL INFORMATION
A. The term of the contract will begin when the proposal is approved by the City Manager or Designee.
B. When determined appropriate, 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.
C. The Contractor shall be responsible for retaining data, records and documentation for the preparation of
the required information. These materials shall be made available to the City as requested by the City.
D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All
costs incurred in the preparation of the proposal, the submission of additional information and /or any
aspect of a proposal prior to award of a written contract will be borne by the respondent. The City
reserves the right to accept or reject the combined or separate components of this proposal in part or in
its entirety.
E. 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.
25B -5
Applicants who wish to retrieve documents submitted as part of the response to the RFQ may do so
after contractor selection.
F. The City reserves the right to reject, replace and approve any and all subcontractors.
G. Subcontractors shall be identified in the response to the RFP and the City reserves the right to reject
any subcontractors. Subcontractors shall be the responsibility of the prime contractor and the City shall
assume no liability of such subcontractor.
H. Progress review meetings shall be held at intervals deemed appropriate by the City.
VII. COORDINATION
Coordination with the City, other contractors and agencies will be required to achieve satisfactory and
timely delivery of the final work product. Coordination may include, but not be limited to, coordination with
neighborhood and civic groups, City Commissions and Council meetings, local and state agencies and
boards and contractors.
The City will decide the manner in which the coordination efforts with be conducted. At the City's option,
coordination efforts may be performed by the Contractor's direct contact, by the Contractor acting through
the City or by the City only. When coordination efforts require agreements, such agreements shall be
coordinated through the City.
1LfI FAD] 91goI
Any subsequent changes in RFP from the date of preparation to date of submittal will result in an
addendum by the issuing office.
IX. CONTRACTOR RESPONSIBLITIES
The selected contractor will be required to assume responsibilities for all services in their proposal. The
selected contractor will be the sole point of contact with regard to contractual matters, including payment of
any and all charges resulting from the Agreement.
X. RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company or parties interested
in the proposal as principals are named therein; that the proposal is made without collusion with any other
person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith
without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal
proposer (Exhibit B).
XI. SUBMITTAL INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana Community Development Agency, M -25, 20 Civic Center
Plaza, Santa Ana CA 92702 on Tuesday, July 9, 2014 prior to 4:00 p.m. and made attention to Marc
Morley. Emailed proposals are preferred.
XII. SUBMITTAL REQUIREMENTS
The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed
project. Each firm must address each of the following items in their response to the RFP.
A. Statement of Qualifications - In order to maintain uniformity with each contractor, the Statement of
Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section
r
dividers and resumes). The page limitation includes all appendixes, attachments and supplemental
information. The following information is required:
1. Cover Letter — A letter signed by a principal or authorized representative who can make legally
binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience relating to the scope of work
identified in Exhibit A. The Project Manager /Principal Agent's contact information for the proposed
work shall be identified and associates in- charge when Project Manger /Principal Agent is absent as
well as that of other key personnel. An organization chart identifying only those who will perform
work for the proposed project and their brief resume (if applicable). The project manager shall be
the primary contact person to represent your firm and will be the person to conduct the presentation,
if invited for an interview.
3. Submittal of Proposal
a. Two (2) copies of the response to the RFP shall be signed by a company official with the power to
bind the company.
b. Structure your proposal to include the Scope of Services, General Time Schedule and
Fees /Contract Price.
4. List of experience which your firm or personnel have completed within the last 5 years, similar to the
proposed scope of work, see Exhibit D. Project information should include project description, year
completed, client name, along with a person to contact and their telephone number.
5. Copy of Valid California State License Board (CSLB) -B Contractor License.
6. References: The Contractor shall submit a list of references comprised of a listing of work similar to
that identified in the RFP (Exhibit E).
7. The proposal must be completely responsive to the RFP.
B. Bidders Statement and Bid Item Pricing — Exhibit B
C. Insurance Requirements - All required insurance must be current and up -to -date in advance and
renewed annually, see Exhibits C and D. A contractor my not work for the City of Santa Ana until the
appropriate insurance has been provided and approved by the City Attorney. This shall be verified
by City Staff.
D. 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.
XIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION
The proposals will be evaluated by a committee of City staff members to select the proposal most
responsive to the requirements and objectives of Request for Proposals. The City will notify the
successful firm by email of award.
The criteria for evaluating the proposals submitted will take the following items into consideration:
A. ORGANIZATION CREDENTIALS AND EXPERIENCE
1. A synopsis of firm's history, including the present financial condition of the offeror.
2. Experience with brief description which validates company's experience in similar operations.
3. Reputation of the firm including three (3) current references. References from other municipalities,
or government agencies are requested if available.
4. All companies must be licensed to conduct business as a general contractor in California and in
good standing.
B. OTHER EVALUATION CRITERIA
1. Bid Item Pricing.
25B -7
2. City's experience with the offeror.
XIV. CITY BUSINESS LICENSE
The Selected Contractor shall be required to obtain a City of Santa Ana Business license within 30 -days
of selection and must provide a copy to the Project Manager prior to commencing any work in Santa Ana.
XV.CONTRACT TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or without
cause after 60 -days written notice is delivered to the Contractor either personally or by mail. If the
Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may
at its option terminate the balance of this contract by written notice of termination to the Contractor.
Notice of such termination shall take effect 15 days after such notice is mailed.
XVI. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract make it
impossible or impractical to proceed or when prevented from proceeding with the contract by act of God,
by law or official action of a public authority. Such request will require a 60 -day written notice prior to
contract termination date requested.
XVII. METHOD OF PAYMENT
The Contractor shall submit a monthly invoice by the 15th of the month to the City for the services
rendered in the prior month. The invoice shall include a summary as well as a detailed breakdown of the
services, the project title, the tasks, the hours, and hourly rates.
r
Exhibit A
REQUEST FOR PROPOSAL
SCOPE OF WORK
The City of Santa Ana is seeking proposals from qualified firms for Downtown Santa Ana General
Maintenance Services. The annual contract budget is for a maximum of $25,000.00 and will operate on a
call -out basis. Work locations shall include City -owned right of way and buildings in the general Downtown
Santa Ana area and at six (6) City owned surface parking lots within two (2) miles of the Downtown area.
As determined necessary by the City, General Maintenance Services may include installation, repair and /or
maintenance services of the following items, but are not limited to:
• Bollards
• Concrete Work
• Irrigation Plumbing
• Metal Tree Grates
• Street Furniture (iron trash receptacles,
bicycle racks)
• Welding
• Building Maintenance
• Electrical — Miscellaneous
• Metal Directory Signs
• Planters
benches, • Surface Parking Lots — Six (6)
• Bi- monthly Routine Inspection of Downtown /Lots
All installation, repair and /or maintenance shall conform to Standard Specifications for Public Works
Construction (SSPWC) or as determined acceptable by the City.
*See Typical Maintenance Repair Items
MINIMUM REQUIREMENTS
Contractor minimum qualification criteria include, but are not limited, to the following:
Vendor(s) shall be in the business of providing fulltime general contractor maintenance services for
municipalities, commercial properties or similar for at least three (3) years;
Shall possess all permits, City and State licenses and credentials required for a General Contractor
(CSLB - B Contractor License required) to perform general maintenance services;
Shall furnish the necessary personnel, equipment, cleaning materials and supplies necessary for
maintenance and repairs.
I. CONTRACTOR'S RESPONSIBILITIES
A. Work Assignments
1. The Contractor shall receive work orders from the City Downtown Liaison (CDL) or designee via
phone, electronic mail or facsimile.
2. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of
service.
3. The Contractor shall contact the CPL or designee within twenty -four (24) hours of issuance
of work orders to schedule the work. In the event that a work order cannot be initiated within
twenty -four (24) hours due to inclement weather or any other reason, the Contractor shall notify the
CPL or designee as soon as possible in order to reschedule the work.
4. The CPL may designate sites as needing an emergency response dependant on the severity of the
issue. An emergency work order will be issued immediately. Emergency response sites will have
first priority.
25B -9
Exhibit A —Continued
5. The Contractor shall deliver completed work orders to the CPL or designee via electronic mail,
facsimile, mail or in person on or prior to the first working day of the month following the assignment
of the work order. Accommodations for special projects may be made.
B. Description of Work
1. The Contractor shall provide and ensure protection of the work area and surfaces at all times
including, but not limited to:
a. Barricading area for work performed within the public right -of -way.
b. Using warning signs and sidewalk and street cones to inform the public of work being
conducted.
c. Immediately correcting damages to the work site.
d. Leaving work in undamaged condition.
e. Providing signs to protect the finishes and the public.
2. The Contractor shall remove all equipment and materials from each site and leave the site broom
cleaned at the end of each workday.
3. The Contractor shall dispose of all materials in accordance with all applicable laws, regulations,
ordinances, codes and any other legislative or statutory requirements. Material rinse residue shall
be collected and disposed of appropriately.
4. The City will conduct a quarterly review of contract performance for the first term of the contract, at
a minimum. Modifications to the Scope of Work agreed upon by the City and the Contractor may
be made following the quarterly review.
5. The Contractor shall produce photographs of the location before work is performed and after work
has been completed.
C. Personnel
1. Contractor shall make the designated representative available to accompany the City Representative to
inspect sites and /or work upon twenty -four (24) hours notice.
2. The Contractor shall utilize only trained, competent employees in the performance of this contract. At
the request of the City, the Contractor shall remove from assignment to this contract any incompetent,
abusive or disorderly employee, whether supervisory or non - supervisory.
3. The Contractor's crews shall be in possession of a copy of the resulting contract in the performance of
work at all times.
4. Any person assigned to this contract found to be in possession of and /or under the influence of
intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject
to arrest and criminal prosecution.
D. Equipment
1. The Contractor's vehicles and equipment shall be neat in appearance, free of graffiti, easily identifiable
and comply with Subsection 7 -1 of the SSPWC.
2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition.
3. The Contractor shall provide all personnel, vehicles, materials, supplies (including hardware - screws,
bolts, incidental supplies, etc) and equipment necessary to perform services.
4. The City has the option to purchase and provide materials, such as but not limited to street
furniture, grates, planters, bollards, etc.
25B -10
Exhibit A — Continued
E. Compliance with Applicable Laws and Regulations
1. Contractor shall perform all requirements under this contract in strict observance of and compliance with
all applicable traffic and safety laws, regulations, ordinances, codes and any other legislative or statutory
requirements.
2. Contractor warrants that the performance of services under this contract shall be compliant with the
current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or
updated throughout the term of this contract.
F. Working Day
The Contractor shall conform to Subsection 6 -7.2 of the SSPWC. The Contractor activities shall be
confined to the hours from 8:00 a.m. to 4:30 p.m., Monday through Friday. Deviation from these hours will
not be permitted without the prior consent of the CDL or designee, except in emergencies in involving
immediate hazard to persons or property.
G. Inspections
The City shall have the right to inspect any work performed to ensure that the work is being and has been
performed in accordance with the applicable federal, state and /or local requirements and this agreement.
All work found in such inspections not to conform to the applicable requirements shall be corrected by the
Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected.
H. Protection of the Public and Damages to Existing Structures
1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines,
penalties and /or repair charges resulting from the Contractor's actions shall be the sole responsibility of
the Contractor.
2. The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic
lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate
warning traffic safety devices.
3. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage the
item being serviced or the surroundings. In the event that a structure is damaged in the course of work,
the Contractor shall be solely responsible for its repair or replacement.
4. Closing off completely of sidewalks shall be avoided, unless necessary to complete work.
I. Invoices
1. All invoices for work performed under this contract shall be submitted electronically in an Excel 2003
format or other format approved by the CPM.
2. The Contractor shall submit a monthly invoice by the 15th of the month to the City for the services
rendered in the prior month.
3. The invoice shall include the following:
a. Contractor's invoice number
b. Agreement number (provided by City)
c. Work order number (provided by City)
d. Work site address /location
e. Before and after photographs
f. Beginning and ending dates for services
g. Unit cost, subtotals and total for invoice
25B -11
10
25B -12
TYPICAL MAINTENANCE REPAIR ITEMS (may include, but not limited to)
Typical Downtown Corner
Tree Grates - Rubber and Iron (Replace /Repair)
Exhibit A - Continued
11
25B -13
Typical Bollard Set Up
Exhibit A - Continued
12
25B -14
Concrete Raised Planter
Iron Trash Receptacle and Iron Bench
Concrete Planter
Concrete Plant Pot
Exhibit A - Continued
13
25B -15
DOWNTOWN SANTA ANA LIMITS AND CITY SURFACE PARKING LOTS
Surface Parking Lot (300 N. Bush Street)
South Main Street Surface Parking Lots - 300 S. Main
Street/301 S. Sycamore Street, 606 S. Main Street and
1022 S. Main Street
2011 N. Main St. and 2129 N. Main St. (triangle lot)
Exhibit A - Continued
14
25B -16
REQUEST FOR PROPOSALS
DOWNTOWN SANTA ANA
GENERAL MAINTENANCE SERVICES
BIDDERS STATEMENT and BID ITEM PRICING
Certification
I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I
have examined the Scope of Work (Exhibit A) and am familiar with the scope of work locations. I am familiar
with all the existing conditions and limitation that may impact work requests. I understand and agree that I am
responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the
submission of my proposal.
Bid Item Price
Pricing shall be based on a time and material charge. Fee must be inclusive of all costs, including but not
limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, hardware, screws,
bolts, welding material, paint, wires, disposal of material and concrete, etc. Any special materials will be
purchased by the Contractor only after discussed and authorized by the City Project Manager or designee in
writing. The City has the option to purchase and provide materials. Special material will be purchased
and /or by the City or the City will reimburse the Contractor after authorization by City.
Price for Maintenance Services: $ per hour.
Percentage for Material Markup:
Minimum Service Call Charge: $ per Service Call.
LEGAL NAME OF COMPANY
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT
FEDERAL IDENTIFICATION NUMBER (IF AVAILABLE)
CONTRACTOR LICENSE NUMBER AND CLASSIFICATION
(CSLB — B General Contractor License Required)
PHONE AND FAX NUMBER
TITLE
DATE
THIS FORM MUST BE COMPLETED AND INCLUDED IN THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FROM WILL BE CONSIDERED NON- RESPONSIVE
EXHIBIT B
15
25B -17
INSURANCE REQUIREMENTS FOR CONTRACTOR
IMPORTANT - YOU MAY NOT COMMENCE WORK FOR THE CITY OF SANTA ANA UNTIL
APPROPRIATE INSURANCE HAS BEEN APPROVED BY THE CITY ATTORNEY'S OFFICE.
TYPES OF INSURANCE REQUIRED:
CGL (Commercial General Liability) — CGL insurance is required when the Contractor will be
performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence
policy is required. The certificate of insurance must provide 30 days notice of cancellation or material
reduction in policy limits. Additionally, the City of Santa Ana, its officers, agents, volunteers and
employees shall be named as an additional insured via an additional insured endorsement. The
additional insured endorsement shall provide that the Contractor's insurance is primary to any
insurance or self- insurance carried by the City as well as a separation of insureds clause. As an
alternative, the City of Santa Ana offers vendor's liability insurance. Please call Rosa Flores at 647-
5340 for more details.
Automobile - Automobile insurance is required when the Contractor will be driving from one City
site to another City site in a non -City vehicle. A $1,000,000.00 per occurrence policy for owned, hired
and non -owned automobiles is required.
Worker's Compensation — In accordance with the provisions of Section 3300 of the California Labor
Code, any Contractor with employees must maintain employer's liability insurance with limits not less
than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a
partnership with no employees. However, these Contractors must complete a "Worker's
Compensation Declaration." This form may be obtained from City staff.
Professional Liability — Professional liability insurance is required for state licensed professionals,
such as, engineers, architects, CPAs, attorney and medical professionals. A $1,000.000 policy is
required.
EXHIBIT C
16
25B -18
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the
named insured, such insurance as is afforded by this policy is primary and is not additional to
or contributing with any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person or
organization as an insured shall not affect any right which such person or organization would
have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to the
City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
EXHIBIT D
17
25B -19
101 JJ;I Z101 A" 0Z11J47WTL4T=
THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide
the supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Customer Name:
Address:
Contract Amount:
Reference No. I
Contact Individual:
Phone Number:
Facsimile Number:
Year:
Description of supplies, equipment, or services provided:
Customer Name
Address:
Contract Amount:
Reference No. 2
Contact Individual:
Phone Number:
Facsimile Number:
Year:
Description of supplies, equipment, or services provided:
Reference No. 3
Customer Name: Contact Individual:
Address: Phone Number:
Contract Amount:
Facsimile Number:
Year:
Description of supplies, equipment, or services provided:
EXHIBIT E
18
25B -20
REQUEST FOR PROPOSALS
DOWNTOWN SANTA ANA
GENERAL MAINTENANCE SERVICES
BIDDERS STATEMENT and BID ITEM PRICING
Certification
I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I
have examined the Scope of Work (Exhibit A) and am familiar with the scope of work locations. I am familiar
with all the existing conditions and limitation that may impact work requests. I understand and agree that I am
responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the
submission of my proposal,
Bid Item Price
Pricing shall be based on a time and material charge. Fee must be inclusive of all costs, including but not
limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, hardware, screws,
bolts, welding material, paint, wires, disposal of material and concrete, etc. Any special materials will be
purchased by the Contractor only after discussed and authorized by the City Project Manager or designee in
writing. The City has the option to purchase and provide materials. Special material will be purchased
and /or by the City or the City will reimburse the Contractor after authorization by City.
Price for Maintenance Services:
Percentage for Material Markup:
$---129i per hour.
Minimum Service Call Charge: $__y per Service Call.
_Qruh &"17 71�� LEGAL NAVE NAOF COMPANY
BUSINE`SS /ADDRESS
PRINTED �NAME O/AU HORIZED AGENT
�-------- -_- - - - - --
SIGNATURE OF AUTHORIZED AGENT
�r.L- 2�-------- - - - - --
FEDERAL IDENTIFICATION NUMBER (IF AVAILABLE)
CONTRACTOR LICENSE NUMBER AND CLASSIFICATION
(CSLB — B General Contractor License Required)
PHONE AND FAX NUMBER
— e2y'?v --- - -- - --
TITLE
- ---413L' =1 � -- 141 - - --
DATE
THIS FORM MUST BE COMPLETED AND INCLUDED IN THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAN THIS FROM WILL BE CONSIDERED NON- RESPONSIVE
EXHIBIT'.2
15
25B -21
INSURANCE REQUIREMENTS FOR CONTRACTOR
IMPORTANT - YOU MAY NOT COMMENCE WORK FOR THE CITY OF SANTA ANA UNTIL
APPROPRIATE INSURANCE HAS BEEN APPROVED BY THE CITY ATTORNEY'S OFFICE.
TYPES OF INSURANCE REQUIRED:
CGL (Commercial General Liability) — CGL insurance is required when the Contractor will be
performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence
policy is required. The certificate of insurance must provide 30 days notice of cancellation or material
reduction in policy limits. Additionally, the City of Santa Ana, its officers, agents, volunteers and
employees shall be named as an additional insured via an additional insured endorsement. The
additional insured endorsement shall provide that the Contractor's insurance is primary to any
Insurance or self- insurance carried by the City as well as a separation of insureds clause. As an
alternative, the City of Santa Ana offers vendor's liability insurance. Please call Rosa Flores at 647-
5340 for more details.
Automobile - Automobile insurance is required when the Contractor will be driving from one City
site to another City site in a non -City vehicle. A $1,000,000.00 per occurrence policy for owned, hired
and non -owned automobiles is required.
Worker's Compensation — In accordance with the provisions of Section 3300 of the California Labor
Code, any Contractor with employees must maintain employer's liability insurance with limits not less
than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a
partnership with no employees. However, these Contractors must complete a "Worker's
Compensation Declaration." This form may be obtained from City staff.
Professional Liability — Professional liability insurance is required for state licensed professionals,
such as, engineers, architects, CPAs, attorney and medical professionals. A $1,000.000 policy is
required.
EXHIBIT C
16 &
25B -22
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# j - -- relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the
named insured, such insurance as is afforded by this policy is primary and is not additional to
or contributing with any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person or
organization as an insured shall not affect any right which such person or organization would
have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to the
City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective __ _ ' -�_�_ y - - -- - , this endorsement form as a part of
Policy # -MML l�ll!.5�O11�/Q�� - --- - - - - -- - �
Issued to__ -1CC�� r_ �-�2� �Qt2�EJ e�Jll�!s'-------- - - - - --
d Named Insured
Countersigned by - _— --- - ------
A orized epresentative
EXHIBIT D
17
25B -23
OFFEROR'S
UST BE COMPLETED IN FULL AND RETURNED WITH OFFEROWS PROP
List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide
the supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
/ Reference No. I
Customer Name:�f4�_�pr Contact Individual:
Address: _s?201 lQ 1Q� ___ Phone Number: --&!L/ _ - ZZd
�n14�y_��g7�y Facsimile Number: jiy..�y1
Contract Amount: _Df,l%OII_ —_ Year. ?U /x,10/ S!
of,supplies, equipment, or services provided:
Reference No. 2
Customer Contact Individual:
Address: _-1xXu ���,�LT Phone Number:
c af��%SLJ,_C�zcZ6 Facsimile Number:
Contract Amount: _fQ r Year:
or
Reference No. 3
Customer Name:-&-4,'=u ,,, „[' Qw;Iiibct Individual:
Address: .r��_ Phone Number: 2 _,7Z7�
_C�4- . 11 Facsimile Number:
Contract Amount:
.,�2.Y.� - - - - -- Year: _.241_4/- ____----- - - - - --
or services prgvidetl:_ - -_
rmra
EXHIBIT E
18
25B -24
—NMEGIM9111
THIS AGREEMENT, made and entered into this 16'h day of September, 2014 by and between
Orange County Contractors Services DBA Orange County Mailboxes and Construction, a sole
ownership entity, (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. The City desires to retain a contractor having special skill and knowledge in the field of
general construction maintenance services.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform general maintenance services for Downtown Santa Ana,
including bollard repair, pavement repair, electrical and plumbing work on a call -out basis, as
set forth in the Request for Proposal Scope of Work, attached hereto as Exhibit A and
incorporated herein by reference.
2. COMPENSATION
a. Services shall be charged on a time and material basis, at the rates and prices set
forth in the Bidders Statement and Bid Item Pricing, attached hereto as Exhibit B and
incorporated herein by reference. The hourly rate of $72.00 shall cover costs, including labor,
overhead, travel, mileage, incidental supplies, hardware, screws, bolts, welding material,
paint, wires, disposal of material and concrete, etc. Special materials will be purchased by
the Contractor only on authorization of the City Project Manager. Such special materials
shall be charged at cost plus 10 %. The total sum to be expended under this Agreement shall
not exceed $25,000 per fiscal year, during the term of this Agreement.
1
25B -25
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work which fails to meet the standards of performance set forth in the
Recitals which may reasonably be expected by City.
"EFFMI
This Agreement shall commence on the date first written above and terminate on June
30, 2017, unless terminated earlier in accordance with Section 12, below. The term may be
extended for up to three (3) additional twelve (12) month periods upon a writing executed by
the City Manager and the City Attorney.
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
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. Commercial General Liability Insurance. Contractor shall maintain commercial
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 therefrom
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 therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
2
25B -26
insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by
the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. 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.
f. 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.
25B -27
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
Section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnity, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party 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 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.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
El
25B -28
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
With courtesy copies to:
And
Community Deveopment Agency
20 Civic Center Plaza (M -25)
Santa Ana, CA 92702
Fax 714- 647 -6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714- 647 -6515
To Contractor: Edward Schade
Orange County Mailboxes and Construction
18100 Kovacs Lane, Unit 27
Huntington Beach, CA 92648
Fax: 714-907-0644
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by 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.
25B -29
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, 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 agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is 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 the City upon sixty (60) days written notice of
termination. However, the City reserves the right to terminate this Agreement for cause
immediately. Additionally, if Contractor fails to meet the specifications of this Agreement for a
period of fifteen (15) cumulative days, the City may terminate the balance of this Agreement by
written notice of termination to the Contractor, which notice shall be effective 15 days after
mailing.
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.
1,
25B -30
14. 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.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
25B -31
CITY OF SANTA ANA
Dated: By:
DAVID CAVAZOS
City Manager
ATTEST: CITY OF SANTA ANA
Dated: By:
MARIA D. HUIZAR,
Clerk of the Council
APPROVED A$ TO FORM:
SOMA R. CARVALHO
City Attorney
By.
SEP STRAKA EDWARD SHADE
Assistant City Attorney Owner
25B -32
EXHIBIT A
Request for Proposal Scope of Work is located in the
Request for Council Action as Exhibit 1.
25B -33
25B -34