HomeMy WebLinkAbout25zII - AGMT - DESIGN BUILD SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2014
TITLE:
AGREEMENT WITH FLEMING
ENVIRONMENTAL, INC., FOR DESIGN -
BUILD SERVICES TO PROVIDE SITE
IMPROVEMENTS FOR NEW PROPANE
FUELING STATION {STRATEGIC PLAN NO.
5,2)
CITY MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
0:2:201F/4..
❑ As Recommended
❑ As Amended
❑ Ordinance on V' Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement for design -build
services with Fleming Environmental, Inc., subject to nonsubstantive changes approved by the City
Manager and City Attorney, to provide site improvements for a new Propane Fueling Station at the
Santa Ana Corporate Yard, in the amount of $155,229, plus a 15 percent contingency of $23,284,
DISCUSSION
The recommended action will enable the design and construction of site improvements and
infrastructure for installation of a new Propane Fueling Station at the City of Santa Ana Corporate
Yard. The City Council previously awarded a contract to Arro Autogas for the propane fueling
equipment, propane fuel, and a service agreement on March 18, 2014.
The City of Santa Ana Corporate Yard was constructed in 1994 with gasoline and diesel fueling
stations. In response to the availability of and growing need for alternative fuels, compressed
natural gas and hydrogen fueling stations were later added. In February 2011, Fleet Services
prepared the "City of Santa Ana Green Facilities, Fleet and Central Stores Strategic Plan" in an
effort to continue and expand the process of creating an environmentally responsible facilities,
fleet, and stores operation. Addition of a propane fueling facility is in alignment with that plan. In
2012, Fleet Services was successful in receiving "Clean Transportation" funding from the South
Coast Air Quality Management District, which will fund this project.
On July 16, 2014, the Public Works Agency released a Request for Proposals. Two proposals
were received on August 13, 2014, evaluated and ranked by a review committee comprised of
personnel from Public Works and the Facilities & Fleet Services Manager. Ranking criteria
included firm and personnel experience, understanding of need, relevant project experience,
schedule, references and fee. The rating of the two firms is as follows:
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Agreement with Fleming
Site Improvements for a
October 21, 2014
Page 2
Environmental, Inc., for
New Propane Fueling Station
NAME OF FIRM RATING
Fleming Environmental, Inc. 88.3
FASTech, Inc. 80.3
It is recommended that the agreement be awarded to Fleming Environmental, Inc., in the amount
of $155,229, plus a 15 percent contingency of $23,284, for a total agreement amount of $178,513.
The Consultant is obligated to complete all construction related work under the contract within 45
working days from the date of issuance of the "Notice to Proceed." The agreement will terminate
upon the City's acceptance of the project via a "Notice of Completion."
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement, and Sustainability; Objective #2 (expand opportunities for conservation and
environmental sustainability).
ENVIRONMENTAL IMPACT
Environmental Review No. ER- 2014 -11 has been completed and a Notice of Exemption has been
filed pursuant to the California Environmental Quality Act.
FISCAL IMPACT
Funding is available in the Air Quality Improvement Fund (Account No. 03110101, Activity No.
11130001028).
U, �L--
4F,eMou.1avipo r
Executive Director
Public Works Agency
FM /EWG /SF
Exhibit: 1: Agreement
2: Location Map
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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THIS AGREEMENT, made and entered into this _ day of , 2014 by and
between Fleming Environmental, Inc., a California corporation (hereinafter "Consultant "), and
the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the
Constitution and laws of the State of California (hereinafter "City ").
RECITALS
A, The City desires to retain a consultant having special skill and knowledge in the field of
designing and constructing site improvements and infrastructure for installation of a new
propane fueling station at the City of Santa Ana Corporate Yard.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field. Consultant assumes full
responsibility to City for the improper acts and omissions of its Subcontractors or
others employed or retained by Consultant in connection with the Project.
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
Consultant shall perform Design and Construction services as set forth in Exhibit A to
this Agreement, specifically those services as identified at pages 10 -21 of the City's Request for
Proposals # which is incorporated herein by reference.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit B. The total sum to be expended under this Agreement
shall not exceed $155,229 during the term of this Agreement.
Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the
City for the services rendered in the prior month.
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
ii. Beginning and ending dates for services
iii. City project number and /or name (if applicable)
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iv. Work site address /location (if applicable)
V. Tasks or deliverables completed, and % of total services completed
Payment by City shall be made within sixty (60) days following receipt of proper
invoice evidencing work performed, subject to City accounting proccdures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Standard Specifications (the
"Greenbook "), and preliminary Design Scope Specification, all Design Documents hereafter
prepared by Consultant and approved by City in accordance with this Agreement, The Contract
Documents also consist of Change Orders issued hereafter, along with any other written
amendments executed by City and Consultant, as well as the following documents: Request for
Proposal, Consultants Response to Request for Proposal, and Bid Proposal, all of which are
hereby incorporated herein by reference and made a part of this Agreement. This Contract is
intended to be an integral whole and shall be interpreted as internally consistent and in
accordance with section 2 -5.2 of the "Greenbook", Work required by any page, part, or portion
of the Contract shall be deemed to be required Contract Work as if called for in the whole
Contract and no claim for extra work shall be based upon the fact that the description of the work
in question is incomplete.
This Agreement may not be modified except by written instrument signed by the City and
by an authorized representative of Consultant. The parties agree that any terms or conditions of
any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,
shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that
no representations, inducements, promises or agreements, orally or otherwise, have been made
by any party, or anyone acting on behalf of any party, which are not embodied herein. Nothing
contained in this Contract shall create, nor be interpreted to create, privity or any other
relationship whatsoever between City and any person except Consultant,
4. CHANGES AND EXTENSIONS OF TIME
a. City's Right to Order Changes: Changes in the Design Services or the Construction Work
under this Agreement, consisting of additions, deletions, revisions or any combination
thereof, may be ordered unilaterally by City without invalidating the Agreement. Such
changes shall be communicated by Change Order or supplemental agreement, as
applicable. Consultant shall proceed diligently with any changes, and same shall be
accomplished in strict accordance with the following terms and conditions as set forth
herein.
b. Changes and Extensions of Time: All change orders, changes requested by Consultant, or
extensions of Contract Time occurring during construction of the Project related to actual
Construction Work shall be governed by section 5 of this agreement. All changes to the
scope of Design Services or extensions of the agreed upon Design Schedule during the
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design process shall be trade by mutual agreement of City and Consultant, and claims for
an increase in design compensation due to a change in the scope of design construction
Work or for an extension of time to the Design Schedule shall be made in writing within
seven (7) calendar days after occurrence of the event that gives rise to the claim, All
requests for additional compensation due to a change in the scope of Design Services,
and all requests for an extension of time to the Design Schedule, shall include sufficient
backup documentation for City to reasonably understand the request and the amount of
time or compensation requested and to determine the merits of the request,
c. Adjustments to Price or Contract Time: Upon the occurrence of a change order for
Construction Work as set forth in (a) hereinabove which increases the Cost of the
Construction Work, the Price will thereafter include such Cost of the Construction Work
and Services attributable to such change to the extent allowed by Paragraph (b)
hereinabove. The failure of Consultant to provide notice in writing to City in accordance
with Paragraph (b) of any request for an increase in Price or for an extension of the
Contract Time shall constitute a waiver by Consultant of any entitlement thereto.
d. Continuing Duty to Perform Construction Work and Make Payment. In the event the
parties are unable to agree on the terms of a Change Order or Supplemental Agreement,
then Consultant shall continue to diligently perform the Design Services and the
Construction Work, including any change directed by City by Change Order or
Supplemental Agreement, and shall keep thorough records of the cost of performance of
such Change Order or Supplemental Agreement.
e. Fiduciary Relationship: Consultant recognizes and accepts a fiduciary relationship of
trust and confidence hereby established between Consultant and City and agrees that it
"shall at all times in good faith use its best efforts to advance City's interests and agrees to
perform the Design Services and the Construction Work in the highest professional
manner.
5. TERM
This Agreement shall commence on the date first written above and terminate upon the
City's acceptance of the project via a "Notice of Completion" unless terminated earlier in
accordance with Section _, below. The Consultant shall complete all design work and obtain
all permitting within sixty (60) working days of commencement of Agreement. After the City
approves the design work, the construction related work under the contract shall be completed
within (49) forty -five working days from the date of issuance of the "Notice to Proceed." The
term of this Agreement may be extended upon a writing executed by the City Manager and City
Attorney.
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
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their use. Contractor shall furnish the City all necessary copies of data needed to complete the
review and approval process.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in
the performance of this Agreement, including, without limitation, acts involving vehicles.
The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate.
Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional hisured(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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C
upon execution of this Agreement.
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, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self - insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
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d. If Consultant 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 Consultant pursuant
to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
iii. Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. if Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right
to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
$. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 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 Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, 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.
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9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
10, CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
11, 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
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -39)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -5635
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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 Consultant: Fleming Environmental, Inc.
Mr. Terry L. Fleming Jr..
1372 E. Valencia Drive
Fullerton, California 92831
Fax (714) 871 -2801
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.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered mill and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. Asa condition of such payment, the Executive Director may require Consultant to deliver to
the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the
City's use thereof for such purposes as the City deems appropriate.
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b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
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.
Consultant warrants that the performance of services under this Agreement shall be
compliant with the current requirements as set by the National Fire Protection Agency (NFPA),
the Department of Transportation (DOT), the Occupational Safety and Health Administration
(OSHA) the California Fire Code Article 58, Santa Ana Municipal Code Chapter 14, City of
Santa Ana Planning and Building Agency and the Orange County Fire Authority as may be
amended or updated throughout the term of this Agreement.
Consultant certifies that it shall comply with the following regulations, as required by the
South Coast Air Quality Management District, the funding or grant agency:
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 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. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
d. 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.
e. 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 Act of 1964, as amended; Section
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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.
f 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.
g. 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.
h. 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.
i. 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 byDepartment of Labor regulations (29 CFR Part 5), as applicable.
j. 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.
k. 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.
1. Consultant may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the City reserve a royalty -
free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for City purpose:
(i) the copyright in any work developed through this Agreement; and
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(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.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color; creed, religion, sex, marital
status, Sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
16. 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.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
18. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR DAVID CAVAZOS
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R.
City AtyNi
City ,Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
FLEMING ENVIRONMENTAL, INC.
TERRY L. FLEMING JR
President
Tax ID#
11
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EXHIBIT A
SCOPE OF SERVICES
l2
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APPENDIX
ATTACHMENT A
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS (RFP)
for
The City of Santa Ana is seeking a qualified contractor to provide Design — Build Services for site
improvements for a new Propane Fueling Station at the City of Santa Ana Corporate Yard.
Background
The City of Santa Ana Corporate Yard was constructed in 1994; regular and diesel fueling stations were part of
the original installation. In response to the availability and growing popularity of alternative fuels, compressed
natural gas and hydrogen fueling stations were later added. A propane station will now be added to expand
upon the alternative fueling options.
In 2012 Fleet Services was successful in receiving "Clean Transportation" funding through the Mobile Source
Air Pollution Reduction Review Committee (MSRC), in the "New Expanded or Upgraded Alternative -Fuel
Infrastructure" category. The funding for the propane fueling station will be obtained through this program.
City has released a separate RFP for installation of propane dispensing equipment (bulk storage tank,
dispensing units and pump), service agreement and commodity purchase of the propane, and a contract was
awarded. Successful Proposers of this RFP 13 -064 shall coordinate all design -build activities with this propane
Scope of Work
Work involves the design and construction of necessary site work and infrastructure for a propane fueling
station for the Santa Ana Corporate Yard as described herein.
Proposals shall be inclusive of design, labor, materials, equipment and incidentals to provide these
improvements, complete and in place, per the layout, details and specifications in the attached plans.
Assessment of Existing Conditions
Proposers shall review and analyze the location of the proposed project and shall compare existing facilities
and conditions with that which is proposed herein this RFP. Any errors, omissions, or discrepancies found shall
be called to the attention of the City and clarified prior to the submission of proposals.
Regulations:
Project shall meet all regulations as set by the National Fire Protection Agency (NFPA), the Department of
Transportation (DOT), the Occupational Safety and Health Administration (OSHA) the California Fire Code
Article 58, Santa Ana Municipal Code Chapter 14, City of Santa Ana Planning and Building Agency and the
Orange County Fire Authority.
i
City of Santa Ana RFP 13 -064
Page 10
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Site Work and Infrastructure Improvements shall include, but are not limited to, the following items listed
herein, and per the attached site and electrical plans:
• Protect in place all existing light standards.
• Contractor shall contact "Underground Service Alert (Dig - Alert)" of Southern California at 811, two
working days before starting any underground work.
Demolish and reconstruct existing curb islands per layout shown on site plan. Modify existing
irrigation as necessary. Protect in place existing utility boxes, electrical, gate key pad.
• Design and construct new concrete pads with crash bollards for propane tank (use filled weight),
pump /motor and dispensers. Refer to attached site plan and details included herein. Coordinate
and verify with Fuel Provider. Design shall be in accordance with local building codes.
• Remove existing parking space striping and re- stripe, per layout shown on site plan.
• Provide new wrought iron fencing, with rolling and man gates, per layout shown on site plan. Match
adjacent fence construction, height, and finish.
• Provide all underground piping for propane delivery between vessel and pump, and electrical
conduit for electrical from identified panel to pump /motor, as required, to accommodate refueling
station (by others) as detailed below and in the electrical plans included herein. Coordinate and
verify with Fuel Provider. Material and size shall meet all applicable codes. All new replacement
concrete shall be doweled in.
• Provide new 220v 3 -phase electrical subpanel and all related trenching, wiring, connections and
start-up for pump, dispensing unit, and card reader, per the electrical plans included herein. Provide
emergency shut -off, with illumination and signage.
Refueling Station: Contractor shall design the infrastructure as outlined above, to accommodate the fueling
station as listed below and as described In specifications which are included herein:
• Bulk Storage Tank • Fuel Management System
• Dispensing Unit: Pump /Motor:
Plans Technical Specifications and Permlts:
• Upon approval of the selected proposal by the City, Contractor shall prepare required construction
plans and technical specifications for construction of the site work and infrastructure to support a new
propane fueling system and all associated components, as required for permit issuance.
• Plans shall be signed by a State of California licensed professional engineer within the appropriate
discipline, as required for permitting. Once signed, an electronic file shall be submitted to the City for its
records.
• Contractor shall provide all structural design calculations and details as prepared and stamped by a
registered engineer, as required for permit issuance.
• Contractor shall apply for and obtain all necessary permits as required by the City, Orange County Fire
Authority, and all other regulatory agencies including Federal, State, and County jurisdictions.
• City permits will be "no fee" permits. All fees required by other jurisdictions shall be the responsibility of
the contractor.
Record Drawings
Contractor shall provide record drawings of facility as installed, and all related permits.
City of Santa Ana RFP 13 -064
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SPECIAL PROVISIONS — General
1.01
1.02
1.03
1.04
1.05
DEFINITIONS
This section shall conform to Subsection 1 -2 of the Standard Specifications and these Special
Provisions.
City: City of Santa Ana
Proposer /Bidder: Contractor or Developer interested in procurement of a contract to
provide a commodity, service or other such asset.
Board: City Council of the City of Santa Ana
County: County of Orange
Project Manager: The Executive Director of the Public Works Agency of the City of
Santa Ana or his authorized representative
State: State of California
Federal: United States of America
STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2009 Edition (Including 2010
Supplement) of the Standard Specifications for Public Works Construction, as written and
promulgated by Public Works Standards, Incorporated. Copies of these Standard Specifications
are available from the Publisher of Building News; Incorporated, 990 Park Center Drive, Suite E,
Vista, California 92081, telephone (760) 734 -1113.
The Standard Specifications set forth above will control the general provisions, construction
materials, and construction methods for this contract, except as amended by the Plans, Special
Provisions, or other contract documents. The following Special Provisions are supplementary and
in addition to the provisions of the Standard Specifications, unless otherwise noted.
TIME OF COMPLETION /CONTRACT PERIOD
A Pre - Construction meeting shall be held following award of contract and a start date will be
discussed and agreed upon by the Contractor and Project Manager, A Notice to Proceed (NTP)
will then be issued accordingly by the Project Manager. The Contractor shall complete all
construction related work under the contract within [45] forty -five working days from the date of the
NTP. Once work has begun on a project, the Contractor shall work continuously on that project
until work is substantially complete and a Notice of Completion issued.
LIQUIDATED DAMAGES
The liquidated damages amount, as specified in Subsection 6 -9 of the Standard Specifications,
shall be $266 per calendar day.
EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their
Page 12
2511 -17
representatives, shall be filed with the Project Manager and the City Police and Fire Departments
prior to,boainning work.
1.06 PLANS AND SPECIFICATIONS
This section shall conform to Section 2 -5 of the Standard Specifications and these Special
Provisions.
The Contractor shall maintain a control set of plans and specifications on the project site at all
times. As approved by the Project Manager, all final locations determined in the field and any
deviations from the plans and specifications shall be marked in red on this control set to show the
as -built conditions. Upon completion of all work, the Contractor shall submit the control set to the
Project Manager. Final payment will not be made until this requirement is met,
1.07 WORK BY CITY FORCES BECAUSE OF NONPERFORMANCE BY CONTRACTOR
Should the Contractor fail to correct deficiencies or public nuisances that have been created
because of his /her operation, then these will be considered to be of an emergency nature, and will
call for the City to move in on the project to take corrective action, Such work will be done on a
force account basis with an additional callout charge. There is a minimum two -hour charge for
labor on any callout plus an additional callout charge of $300.
1.08 LABOR STANDARDS PROVISIONS
Prevailing Wage Rates:
In accordance with Section 1776 of the California Labor Code, not less than the general prevailing
rate of per diem wages for each craft or type of worker and mechanic needed to execute the
contract In the locality in which the work is to be performed, and not less than the general prevailing
rate of per diem wages for holiday and overtime works as determined by the Director of Industrial
Relations of the State of California, shall be paid to all workers employed.
A copy of the prevailing rate of per diem wages is on file in the City's Construction Engineering
Section and is available to any interested party upon request, The Contractor shall post at the job
site a copy of said minimum wages. The Contractor and all Subcontractors shall submit certified
payrolls weekly to the City's.
Labor Discrimination
In accordance with Section 1735 of the California Labor Code; "No discrimination shall be made in
the employment of persons upon public works because of the race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or sex of persons except as
provided in Section 1420, and every contractor for Public Works violating this Section is subject to
all penalties imposed for a violation of the Chapter.
Apprenticeship Standards
The Prime Contractor and all Subcontractors on this project shall comply with apprenticeship
standards as established by Section 1777.5 of the California State Labor Code.
1.10 CONTRACT BONDS —Payment & Performance
This section shall conform to Subsection 2 -4 of the Standard Specifications and these Special
Provisions.
City of Santa Ana RFP 13-064
Page 13
2511 -18
The bonds shall be executed by the successful Proposer and returned within ten (10) business
days, after the successful Proposer has received notice that the contract has been awarded. Each
bond shall incorporate, by reference, the contract and shall be signed by both the Proposer and
Surety. The signatures of the Proposer and the authorized agent of the Surety shall be notarized.
Failure to file acceptable bonds as provided herein within ten (10) business days, after the
successful Proposer has received notice that the contract has been awarded, shall be just cause
for the annulment of the award and the forfeiture of the proposal guaranty.
Sample bonds are provided in the appendix as part of this RFP.
1.11 INSURANCE
Contractor shall provide liability and worker's compensation insurance in conformance with
Subsection 7 -3 of the Standard Specifications, these Special Provisions, and Section 2E of the
sample Agreement.
The certificates of insurance shall be provided by the successful Proposer within ten (10) business
days, after the successful Proposer has received notice that the contract has been awarded.
Failure to do so shall be just cause for the annulment of the award and the forfeiture of the
proposal guaranty.
1.12 UTILITIES
This section shall conform to Section 5 of the Standard Specifications and these Special
Provisions.
All existing utility access frames and covers, both private and public, shall be located and marked
with paint on the pavement surface by the Contractor.
Upon completion of the project, the Contractor shall remove all painted utility markings made by
him /her or the respective utility owners from the surfaces of sidewalks, driveway approaches, curbs
and gutters using the removal method acceptable to the Project Manager. Any damage to
sidewalks, driveway approaches, curbs and gutters due to the Contractor's removal operation shall
be repaired at the Contractor's expense and to the satisfaction of the Project Manager. Payment
for removing utility markings shall be included in other items of work, and no additional
compensation will be allowed therefore.
If utility construction work within the area is required during the construction of this project, the
Contractor is directed to cooperate with the utility company(s) and its workers to assure proper
installation of the utilities with a minimum of conflict.
The last paragraph of Section 5 -1 shall be revised to read as follows:
"The Contractor shall determine the location and depth of all utilities including service connections,
prior to starting work, which may affect or be affected by its operation"
1.13 WORKING DAY
This section shall conform to Subsection 6 -7.1 of the Standard Specifications and these Special
Provisions.
The Contractor's activities shall be confined to 7:00 a.m. to 5:00 p.m., Monday through Friday,
City of Santa Ana RFP 13 -064
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1.14
1,15
Deviation from these hours /days shall not be permitted without the prior consent of the Project
Manager, except in emergencies involving immediate hazard to persons or property, or as
specified otherwise.
CONTRACTOR'S EQUIPMENT AND FACILITIES
This section shall conform to Subsection 7 -1 of the Standard Specifications and these Special
Provisions.
The Contractor shall comply with all local sound control and noise level rules, regulations and
ordinances which apply to any work performed pursuant to the contract. Each internal combustion
engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a
type recommended by the Manufacturer. The noise level from the Contractor's operations shall not
exceed 95 dba at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
The said noise level requirements shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers, or transient equipment that may or may not be
owned the Contractor. The use of loud signals shall be avoided in favor of light warnings, except
those required by safety laws for the protection of personnel.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has
determined that, such areas as are within the limits of the project and are open to public traffic, the
Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the
Vehicle Code. Attention is directed to the statement in Section 591 that this Section shall not
relieve him or any person from the duty of exercising due care. The Contractor shall take all
necessary precautions for safe operation of his /her equipment and the protection of the public from
injury and damage from such equipment.
The Contractor is responsible for maintaining a safe and orderly job site per occupational Safety
and Health Administration (OSHA) standards.
LICENSES & PERMITS
This section shall conform to Subsection 7 -5 of the Standard , Specifications and these Special
Provisions,
a. Business License. Each Prime Contractor, Subcontractor, Vendor shall obtain and pay for a
Santa Ana Business License. Detailed information concerning business license may be
obtained from the Finance and Management Services Agency, (714) 647 -5447, City Hall.
b. Construction Water Permit. Each Prime Contractor or Subcontractor which desires to obtain
water from City -owned fire hydrants for construction or any other purpose shall first obtain and
pay for a permit from the Corporate Yard of the City of Santa Ana, at 220 South Daisy Avenue.
Information concerning costs and conditions may be obtained from the City by calling (714)
647 -3320. Use of private water from a hose bib is not allowed.
c. Disposal Permit. In accordance with the procedures of the Orange County General Services
Administration (GSA), the cost for the disposal of all materials at County landfill sites shall be
borne by the Contractor.
d. Building and Electrical Permits. For projects involving building, structural construction, traffic
signal or irrigation controller installation, the Prime Contractor shall obtain the necessary
City of Santa Ana RFP 13 -064
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building and electrical permits from the Planning & Building Agency. There will be no fees
for these permits.
e. Fire Permits: All permits and fees required by all other Agencies having jurisdiction over any
part of the work shall be obtained and paid for by the Contractor, unless otherwise noted on the
Plans or in the Special Provisions.
1.16 CLEAN -UP & DUST CONTROL
This Section shall conform to Subsection 7 -8.1 of the Standard Specifications and these Special
Provisions.
The Contractor shall keep the work site clean and free from rubbish and debris at the end of every
working day.
In addition, the Contractor shall be fully responsible for removing any graffiti placed on new
improvements or Contractor's equipment daily immediately at the start of the work day. Cost to
remove graffiti shall be included in other items of work and no additional compensation will be
allowed therefore.
1.17 PUBLIC CONVENIENCE & SAFETY
This section shall conform to Subsection 7 -10 of the Standard Specifications and these special
provisions.
Local vehicular and pedestrian access, Including access to driveways and businesses, shall be
maintained at all times.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All
cones, pylons, barricades, or posts used in the diversion of traffic shall be refiectorized.
All signing, barricading and diversion of traffic shall be subject to the approval of the Project
Manager, The Contractor shall provide a telephone number at which the Contractor's
representatives can be reached should an emergency occur requiring replacement or relocation of
the required traffic devices.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire
Departments of the City, giving the approximate starting date, completion date, and the name and
telephone number of responsible persons who may be contacted at any hour in the event of a
critical condition requiring immediate correction.
1.18 STATE DIVISION OF INDUSTRIAL SAFETY PERMITS
In accordance with Section 6600 of the State Labor Code, permits are required for all excavations,
which are five feet or deeper, or for all structures being built or demolished, which are more than
three stories high.
1.19 SUBCONTRACTING
This section shall conform to Section 2 -3.1 of the Standard Specifications and these Special
Provisions.
eFlr�nmmri
City of Santa Ana RFP 13 -064
Page 16
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The Prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the Prime
Contractor receives from City, Any delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the City. This clause
applies to both Disadvantaged Business Enterprise (DBE) and non -DBE Subcontractors.
The Prime Contractor agrees further to release retainage payments to each Subcontractor within
30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause following written
approval of the City of Santa Ana. This clause applies to both DBE and non -DBE subcontractors.
1.20 AS -BUILT DRAWINGS
The Contractor shall maintain and update the as -built drawings throughout the construction
period. The "As- Built" drawings shall be submitted to the Inspector before completion of the
project. Final payment will not be made until As- Built plan is received by the City.
1.21 CITY RIGHT TO OWNERSHIP
All data, documents and other products used, developed, produced and included in proposal, in
response to RFP, shall become property of the City. All data, drawings, and other documents
developed and produced as part of contract agreement 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.
1.22 EROSION CONTROL PLAN / SWPPP
For projects having less than one (1) acre of disturbed soil, contractor shall prepare erosion and
sediment control plan and do so immediately after award of the contract for the approval by the
City.
The plan shall be prepared per the applicable guidelines described in the California Storm
Water Best Management Practices Handbook. The Contractor shall submit the plans for review
and shall make the necessary revisions to the plans as directed by the Project Manager. The
plans shall be prepared by a licensed Civil Engineer. The City may waive the requirement of
licensed Civil Engineer if the Contractor can satisfactorily prove to the Project Manager 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.
SPECIAL PROVISION — Construction
2.00 ROCK PRODUCTS
Alternate rock products, asphalt concrete, Portland Cement Concrete and untreated base material
shall be alternate rock material — Type S per Section 400 of the Standard Specifications.
City of Santa Ana RFP 13 -064
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2.01 RELATIVE COMPACTION TESTS
The following test methods shall be used for determining relative compaction:
California Test 216 (Sand Cone Method)
California Test 231 (Nuclear Gauge Method)
The Contractor will provide compaction test at locations deemed necessary by the Project
Manager. If compaction fails to meet the contract specifications, then the Contractor shall make
the necessary adjustments and is responsible for the cost of additional compaction tests until
compaction per the specifications is met.
2.02 UNCLASSIFIED EXCAVATION
This section shall conform to Subsection 300 -2 and 300 -4 of the Standard Specifications and these
Special Provisions.
Unclassified excavation shall consist of all excavation including sawcutting and removal of
roadways, bituminous pavement, concrete pavement and the removal of curbs, sidewalks, and
driveways, etc. as shown on the plans.
Payment for Unclassified Excavation shall be paid at the lump sum contract unit prices listed in the
Bid Proposal for Site Work and shall include all equipment, post hole excavations, concrete
footings and other incidentals as necessary to install complete and in place for the project as
shown on the drawings and specified herein
2.03 PORTLAND CEMENT CONCRETE
Portland cement concrete (PCC) shall conform to Sections 200, 303 and 400 of the Standard
Specifications.
Payment for Portland Cement Concrete shall be paid at the lump sum contract unit prices listed in
the Bid Proposal for Site Work and shall include all equipment, post hole excavations, concrete
footings and other incidentals as necessary to install complete and in place for the project as
shown on the drawings and specified herein
2.04 CONCRETE CURB GUTTER WALKS DRIVEWAY APPROACHES AND CROSS GUTTERS
This Section shall conform to Sections 201, 303 and 400 of the Standard Specifications
Curbs and /or gutters to be constructed shall match existing in all dimensions and shall conform
to Standard Plan No. 1101. Reconstructed curb and gutters shall be constructed so the top of
curb matches the sidewalk surface elevation. When the plans do not show replacement limit
stations, the Project Manager shall approve replacement limits. Prior to acceptance of the curb
and gutter construction by the Project Manager, a flow test shall be conducted by the Contractor in
the presence of the Project Manager.
All concrete work shall be finished in texture, scoring, banding in generally the same manner as the
adjacent existing improvements, unless specified.
Payment for Concrete Curb, gutter, walks, driveway approaches and cross gutters shall be paid at
the lump sum contract unit prices listed in the Bid Proposal for Site Work and shall include all
equipment, post hole excavations, concrete footings and other incidentals as necessary to install
>anta Ana RFP 13 -064
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complete and in place for the project as shown on the drawings and specified herein
2.05 ORNAMENTAL STEEL FENCING
Part 1 -General
Work Included: The contractor shall provide all labor, materials, and appurtenances necessary
for installation of the industrial ornamental steel fence system defined herein and indicated on
the drawings. Provide and install, "AEGIS II — MAGESTIC STYLE" ornamental steel fence
system or approved equal, as described below.
System Description: The manufacturer shall supply a total industrial ornamental steel fence
system of the Ameristar0 Aegis II'''"' Magestic'm design. The system shall include all
components (i.e., pickets, rails, posts, gates and hardware) required.
Quality Assurance: The contractor shall provide laborers and supervisors who are thoroughly
familiar with the type of construction involved and materials and techniques specified.
References
ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) or Zinc-
Iron Alloy Coated (Galvannealed) by the Hot Dip Process
ASTM A924/A924M - Standard Specification for General Requirements for Steel Sheet,
Metallic- Coated by the Hot Dip Process
ASTM Al011/A1011 M - Standard Specification for Steel, Sheet and Strip, Hot - Rolled, Carbon,
Structural, High - Strength and High- Strength Low -Alloy with Improved Formability
ASTM 8117 - Practice for Operating Salt Spray (Fog) Apparatus
ASTM D523 - Test Method for Specular Gloss
ASTM D822 - Practice For Conducting Tests On Paint and Related Coatings and Materials
Using Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus
ASTM D1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to
Corrosive Environments
ASTM D2244 - Test Method for Calculation of Color Differences From Instrumentally Measured
Color Coordinates
ASTM D2794 - Test Method for Resistance of Organic Coatings to The Effects of Rapid
Deformation (Impact)
ASTM D3359 - Test Method for Measuring Adhesion by Tape Test
Submittal: The manufacturer's literature shall be submitted prior to installation.
Product Handling And Storage: Upon receipt at the job site, all materials shall be checked to
ensure that no damage occurred during shipping or handling. Materials shall be stored in such a
manner to ensure proper ventilation and drainage, and to protect against damage, weather,
vandalism, and theft.
Part 2 - Materials
Manufacturer: The industrial ornamental steel fence system shall conform to Ameristar® Aegis IITA9,
MagestieT"' 3 -Rail style manufactured by Ameristar Fence Products, Inc., in Tulsa, Oklahoma. Or
approved equal.
Aegis IITp4 - Invincible Style
Construction Specification
Santa Ana RFP 13 -064
Page 19
2511 -24
Section 02825
AMERISTARO
02825/AEG
1555 N. Mingo Road
Tulsa, Oklahoma 74116
Phone: (800) 321-8724
Fax: (877) 926 -3747
E -mail: arch @ameristarfence.com
Web site: http: / /www.ameristarfence.com
Material
A. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after
forming, shall conform to the requirements of ASTM A1011/1011M, with a minimum yield
strength of 50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz/ftz (138
g /M2) minimum zinc weight. The interior surface shall be coated with a minimum 81 % nominal
zinc pigmented coating, 0.3 mils (0.0076mm) minimum thickness.
B. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior
to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield
strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the
requirements of ASTM A6531A653M with a minimum zinc coating weight of 0.90 oz /ft2 (276
g/M ), Coating Designation G -90.
G. The manufactured galvanized framework shall be subjected to the PermaCoatO thermal
stratification coating process (high- temperature, in -line, multi- stage, multi - layer) including, as a
minimum, a six -stage pretreatment/wash (with zinc phosphate), an electrostatic spray
application of an epoxy base, and a separate electrostatic spray application of a polyester finish.
The base coat shall be a zinc -rich thermosetting epoxy powder coating (gray in color) with a
minimum thickness of 2 mils (0.0508mm). The topcoat shall be a "no -mar" TGIC polyester
powder coat finish with a minimum thickness of 2 mils (0.0508mm). The color shall be bronze.
The stratification - coated framework shall be capable of meeting the performance requirements
for each quality characteristic shown in Table 1.
D. Material for fence pickets shall be 1" square x 14ga. tubing. The cross - sectional shape of the
rails shall conform to the manufacturer's ForeRunnerT"' design with outside cross - section
City of Santa Ana RFP 13-064
Page 20
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Table 1 — Coating Performance Requirements
Quality
ASTM Test
i Performance Requirements
Characteristics
Adhesion
_Method
I D3359 — Method ',Adhesion (Retention of Coating) over 90% of test area (Tape
B
'and knife test).
Corrosion
B117 & D1654
'Corrosion Resistance over 3,500 hours (Scribed per D1654;
Resistance
I.
failure mode is accumulation of 1/8" coating toss from scribe
for medium #8 blisters).
Impact
D2794
;Impact Resistance over 60 inch lb. (Forward Impact using
Resistance
0.625" ball).
Weathering
D822, D2244,
;Weathering Resistance over 1,000 hours (Failure mode is
Resistance
D523 (60"
60% loss of gloss or color variance of more than 3 delta -E
D. Material for fence pickets shall be 1" square x 14ga. tubing. The cross - sectional shape of the
rails shall conform to the manufacturer's ForeRunnerT"' design with outside cross - section
City of Santa Ana RFP 13-064
Page 20
2511 -25
dimensions of 1.75" square and a minimum thickness of 14ga. Picket holes in the ForeRunnerlm
rail shall be spaced 4.98" o.c. Picket retaining rods shall be 0.125" diameter galvanized steel.
Posts shall be a minimum of 2 -1/2" square x 12ga. High quality PVC grommets shall be
supplied to seal all picket -to -rail intersections.
Fabrication
A. Pickets, rails, and posts shall be precut to specified lengths. ForeRunnerim rails shall be pre -
punched to accept pickets.
B. Grommets shall be inserted into the pre - punched holes in the rails and pickets shall be inserted
through the grommets so that pre - drilled picket holes align with the internal upper raceway of
the ForeRunnerTm rails. (Note: This can best be accomplished by using an alignment template.)
Retaining rods shall be inserted into each ForeRunnerT"' rail so that they pass through the
predrilled holes in each picket, thus completing the panel assembly.
C. Completed panels shall be capable of supporting a 600 Ib. load (applied at midspan) without
permanent deformation. Panels without rings shall be biasable to a 25% change in grade;
panels with rings shall be biasable to a 115% change in grade.
D. Gates shall be fabricated using Aegis IITm panel material and gate ends having the same
outside cross - section dimensions as the ForeRunnerTM rail. All rail and upright intersections
shall be joined by welding. All picket and rail intersections shall also be joined either by welding
or by the same retaining rod process used for panel assembly.
Part 3 - Execution
Preparation: All new installation shall be laid out by the contractor in accordance with the construction
plans.
Installation: Fence posts shall be set in accordance with the spacing shown in Table 2, plus or minus
1/2 ", depending on the nominal span specified.
Table 2 — Post Spacing Requirements
Span 1 6 Nominal (71-3/8" Rail) I 8 P
Post Size 2-1/2" _ 3 2 -1/2' 3" T2 -112
Bracket Type Standard (BB301) i Angle (BB304) I Standard
Post Settings t Y2 O.C. 75" 7 5-1/276 -1 77" 94 -1/2"
al (91 -1/4" Rail)
3.1 2-1/2„ 3 3"
01) j Angle (BB304)
95" ! 96" i 96 -1/2"
Gate posts shall be spaced according to the gate openings specified in the construction plans.
Concrete Footings for steel posts shall be per manufacturer's recommendations and details as shown.
Cleaning: The contractor shall clean the jobsite of excess materials..
Payment for Ornamental Steel Fencing shall be paid at the contract unit prices listed in the Bid Proposal
for Ornamental Steel Fencing and shall include all equipment, post hole excavations, concrete footings
and other incidentals as necessary to install complete and in place for the project as shown on the
drawings and specified herein
City of Santa Ana RFP 13 -064
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EXHIBIT B
FEE SCHEDULE
13
2511 -27
SID PROPOSAL
The undersigned declares that he /she has carefully examined the location of the proposed work, that
he /she has examined the Scope of Work and read the accompanying Instructions to Proposers, and
hereby proposes to furnish all labor, materials and Incidentals required to complete said work in
accordance with all terms of the Request for Proposals, for the unit price(s) or lump sum(s) set forth
in the following schedule:
UNIT EXTENDED
LINE 810 ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE
1 Design, Permitting L5 1 8,680.00 8, 6a0.00
2 Site Work LS 1 90, 539.00 90, 539.00
3 Ornamental Steel Fencing LF 220 137.50 30, 250.00
4 Electrical System LS 1 25,760.00 25,760.00
5
TOTAL BID 1155,22,9.00
71-
LEGAL NAME OF cUiMF ANr ...._.___.._
1372 E Valencia. Drive Fullerton CA 92831
BUSINESS ADDRESS
S1
-0791
RAL ID
IZED AGENT TITLE
ust 4, 2014 tflemirig @flemingenvironmental.com
DATE E-MAIL ADDRESS
746
City or Santa Ana RFP 13-064
Page 22
2511 -28
EXHIBIT C
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.
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,
effective.)
Effective
Policy #
Issued to
including countersignature, is required to make this endorsement
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
M
2511 -29
2511 -30
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SANTA ANA CITY COUNCIL
P�
DATE,
October 21, 2014
%9llt WORKS AGENCY b
Exhibit 2
TMw
PROJECT (11.1300) PROPANE FUELING
STATION AT CORPORATE YARD
2511 -32