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HomeMy WebLinkAboutPAULUS ENGINEERING, INC. 3 - 2014A-2014-229 mimtu 9A.+7vnmi," LAI ,-_n-ATF' ERK OF COWII. � T F lb-g,iq AGREEMENT FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH PAULUS ENGINEERING, INC. THIS AGREEMENT made and entered into this 16`x' day of September, 2014 by and between Paulus Engineering, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of • • emergency repair of sewer and water infrastructure. U B, Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform emergency constnrction services for City requested repair of sewer and water infrastructure, on an on-call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable under this Agreement, including but not limited to reports, as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials, 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended among all contractors providing these services shall not exceed $400,000.00 annually for the initial three- year (3) Term of this Agreement. b. The total sum to be expended during the subsequent two-year option period among all contractors providing these services shall not exceed $400,000.00 annually. Contractor shall provide updated labor and equipment rates annually. c. 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. This Agreement shall have an initial three (3) year Term, commencing on September 16, 2014 and terminating on September 16, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for an additional two (2) year period, on the same terms and conditions set forth herein. 5. INDEPENDENT CONTRACTOR Contractor 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 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 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect 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. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Arra, CA 92702-1988 Facsimile: 714-647-6956 Copies to: Public Works Agency — Water Resources City of Santa Ana 220 S. Daisy Ave. (M-85) Santa Ana, California 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714-647-6515 To Contractor: Paulus Engineering, Inc. 2871 E. Coronado St. Anaheim, CA 92806 Telephone: (714) 632-3975 Facsimile: (714) 632-5077 Jason Paulus — President / Secretary A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 are not embodied herein. 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, acid enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the Term of this Agreement, maintain all necessary licenses, pennits, 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shalt indemnify City Hilly, 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 elate and year first above written. ATTEST: Maria. D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED R AP OVAL: Edwin "William" G, vez, P.E. Interim Executive Director - PWA CITY O/F ANTA/ANA David Cavazos City Manager CONTRACTOR: Paulus Eneineerine. Inc. I Secretary AGREEMENT EXHIBIT A REQUEST FOR PROPOSALS (RPP) M ON-CALL EMERGENCY SEWER AND !NATER SYSTEM REPAIR SERVICES BID # 14-044 CITY OF SANTA ANA Santa Ana Public Works Agency 220 S. Daisy Ave., Building A Santa Ana, CA 92703 Rodolfo Rosas, P.E. Senior Civil Engineer (714) 647-3379 Office (714) 647.3345 Fax rrosas@jAgta.ana.org KEY RPP DATES: Issue Date: Proposal Due Date: Projected Award Date: Edwin"Willia`m Galvez, P.E. Interim Executive Director Public Works Agency Ju 1jy 11 2014 AuaustB 2014-3:OOpm.. September 16 2014 RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide On- Call Emergency Sewer and Water Repair Services. Responses to the Request for Proposals (RFP) will be accepted until 3:OOPM on August 8, 2014. If further information is required, contact Rodolfo Rosas at (714) 647-3379 or rrosas santa-ana.orq All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.planetbids.com/portal/portaLcfm?ComDany[D=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful Proposer must possess or obtain a valid California Class (A or C34) Contractor's license prior to the award of contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Attn: Rodolfo Rosas Public Works Agency City Corporation Yard, Bldg A 220 S. Daisy Avenue Santa Ana, CA 92703 It is the responsibility of the proposer to ensure 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. Questions regarding this Request for Proposals shall be made in writing via e-mail to Rodolfo Rosas at rrosas(a�santa-ana.orq. The receiving time in the Public Works Agency, 220 S. Daisy Avenue, Santa Ana, CA 92703 Dispatch Office, Building A, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E-MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 2 .x CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES TABLE OF CONTENTS RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 3 PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 5 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION/KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVII. PUBLIC RECORDS 8 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A — SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E — PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 3 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES The City of Santa Ana is seeking qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as -needed basis. A detailed Scope of Work and agreement terms are attached as part of the Appendix II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three years with an option to renew for two additional years. Upon completion of the selection process, the selected firms will be awarded a three year contract agreement for an aggregate amount not to exceed $400,000.00 per year expended amonast all selected firms. The Citv will select up to three firms to provide these services. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projected contract award date is tentatively scheduled for September 16, 2014 and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for an additional two year period upon written agreement and mutual consent between the contractor and the City Manager and City Attorney. The contract may be renewed once for a total agreement period of up to five (5) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 4 V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Emergency Sewer and Water System Repair Services as set forth in EXHIBIT A — SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, governmental officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. VI. GENERAL INFORMATION LTM A. The term of the contract will begin after the contract award by the City Council. 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 proposer 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, attendance at pre -proposal conference, negotiations with City, and/or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. 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. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 5 Ix. The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. 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 proposer (Exhibits D - G). XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.planetbids.com/portal/r)ortal.cfm?Comi)anylD=20137 . No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE XV. Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) cop v of the submittal on a compact disc, USB flash drive or equivalent. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 6 C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees/contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 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, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, and an organization chart. The project manager/principal agent shall be the primary contact person to represent your firm. 3. Previous Project Experience: Proposer shall submit a general description of the previous related repair and construction work performed in the last five (5) years. Special consideration should be given to work performed on an emergency basis and work performed on water and sewer systems. B. EXHIBIT C — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealed fee envelope including proposer's personnel and equipment rates shall be submitted concurrently but under separate cover with the proposal. Costs shall be shown as described under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last five (5) years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F —CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — NONCOLLUSION AFFIDAVIT G. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 7 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (30%) 2. Personnel Experience (20%) 3. Previous Project Experience (50%) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII. PROTESTS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. C. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 8 Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25-S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation — Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of policy cancellation and the references "endeavor to" and "failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be either removed or X'd through. If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 9 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SCOPE OF SERVICES GENERAL DESCRIPTION The City is soliciting proposals from qualified professional construction firms to provide on-call emergency repair services on an as -needed basis. The City will select up to three firms to provide these services. The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 MG with 45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. Contractor must be able to respond to City's request for emergency repair work in a timely manner. The contractor shall be available 2417 and ready to respond in the event of an emergency. Service calls shall be responded to within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. SCOPE OF WORK The scope of work will include but not be limited to the excavation, procurement of materials, installation, backfill and paving and all other work necessary to complete the following types of tasks: The repair and construction of Vitrified Clay Pipe (VCP) and Polyvinylchloride (PVC) sewer mains ranging from 6" to 30" in diameter. a. The repair and construction of sewer manholes b. The repair and construction of sewer cleanouts c. The repair and construction of sewer laterals d. Dewatering of excavations e. By pass pumping f. Traffic Control g. Site remediation and cleaning RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 10 2. The repair and construction of water mains (various materials including concrete cylinder and CML&C steel) ranging from 4" to 30" in diameter and related appurtenances. a. The repair and construction of system valves b. The repair and construction of pressure reducing valves c. The repair and construction of fire hydrants d. Dewatering of excavations e. Traffic Control f. Disinfection and flushing g. Site remediation and cleaning 3. The repair and construction of water and sewer pump stations and related appurtenances which may include mechanical, electrical and piping components. III. SUBCONTRACTORS The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 11 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (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 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. 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 X firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: DEFINITIONS (if any) It. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) annually during the term of this agreement. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 12 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [901 percent and PPI shall be weighted at ten [10) percent.) 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. 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. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 13 require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. 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 One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If 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 contract. 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. F. HOLD HARMLESS/ INDEMNIFICATION RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 14 To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copy to: Public Works Agency — (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 15 unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and/or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one -hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX c=r Paourlper occum ceee narrg6y for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Not necessary if no Santa Arra ernployees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 16 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (porticularretevant statutes andlorreguietions) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 17 APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: XXXX Assistant City Attorney XX Executive Director X Agency FOR APPROVAL: CONTRACTOR Tax ID# RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 18 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (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. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Proposer shall attach a separate hourly rate schedule with hourlV rates for staff per iob classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 19 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the 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 Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 20 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 21 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 22 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 23 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 24 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE 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. 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 , this endorsement form as a part of Policy # _ Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 25 AGREEMENT EXHIBIT B Request For Proposal Por Chi -Call Emergency Sewer &Water System ]Repair Services Biel #14-044 To: City of Santa Ana Attn: R:edolfo JRasas, P,E. Public Works Agency y City Corporation " ard, Bldg. 3 F 22G S. Daisy Ave.. Santa Acta, CA 9270 l.. Mon I Paulus nn , Inc;. C'MLr'll �rrgirt ynn@, Caxn Ftar ttrodCallstrueiun'.WatiigwitWit Licenst Namban- 724114 Atlgnst 4, 2014 City of Santa Ana Public Warks Agency 220 S. Daisy Ave, ,Santa Ana, CA 02703 RP: Request for Proposal for On -CAI Sewer and Water Systern Repair Services Dear Mr Rosas, Attoohed is a Paulus Engmeersng„ Inc t'ptj Corporato Resume that will provide you widi a brkEdesoripdon of oxopo ry and lousiness pr^ootioos. Also f raladed is a resume for lunger Batten, one of our. PvAeot Managers nod a Sample Certificate of tnsorall4 . All has over 30 years of exporionce ill the Wet Uiilitis s ladusny and has worked oil numerous succe asA4 prgiex95 to Southern California. We suave orewa available 24 hours a day„ 7 days a week: plit ovals and maintains Approximately 30 pieoos of heavy egtiiprncre, aloe with 25 piecos of support equipment for operetiou Oki hs ptbjectA:' In addition to tho ehovo, I?k) boasts on outstmoding safety reenot and is currently at a.068 Yx Mod rate for Worker's coaapeatssuou, Also included thi Ws package aref ftl bits G, D, 4 P and (3, Axato shorthas also beeniacluded in this package. as asoated nnvolupo perlW h akuptions, pauluc Lasineeri R, Inc, Frtctsaures 2S11 C. Cc71Z.Ortaa.uta ST,, ANAHEIM, CA 94806 TEL (714} 832-3975 FAX (714) 632-5077 »CV74 +@m 20A Resume Package . Ron ¥ Chief«Qtiv 6 Officer +/ EastC o » Street Anaticim, t!7\« 5 ce4) 6,12-9792 Fax am visitonr W4 Site+wu+ 6 Re r Company Officers and Key Employees Ron Poulus, Cx Sawn Paults, PresidttSeeretary Rely Campbell, Estimator Nlicbelle June, CFO Field, Operations We r_ Mission Statement, In order to achieve a suceessftil praject, Paulus Engineer np, Ttre, commits to thefallowist Pauhas Ebginoerin , tnd,as Missloa is to provide imuvativ% practical aid top-quality serrieo Haat will net anty save t'stae anti 'inaprov*e the Way constmollon is dorre but will strive to set now standards in our industry. Wa believe cater first responsibility is to the Cities, Water Districts, Developers and other Customers who use near services. 7u carrying act our clay -to- day business we.4trivc to l . ILrc t people vie wor3twith and work tier, with respect and lntqgrlty. 2. Create o teamwork mraosirbero. I Develop a safe ouvironmont to conduct a profitable business, 9 PAULUS ENGIMERING, INC CONSTRUCTION PROJECT REFERENCES 1?4010s BogifterinX Inc is fully insured and boadsible to meet your astairtancaft. Awarding Agency contact Phano No, rMargency w0 a: Moultua, Niguel Water District Operations (949)931-244141 Taman Way Water Repair Zone A to Zone C rornp Station "no Dean ehWator District Billy Steivart (949)4n-4360 pump Station MWO'CIP441 Improvernents Iryinolunch Water District JeffStamort (949) 453-5300 Water Lines in Petiole Pkrkwey cwvor,DrWidetkingfRealignment Irvine Ranch Water District Billy Stewart (90) 453-5301) Wet Utility Installation Monroe Street Trank Sover Coachella Valley Water District Urge Knee, (760) 398-2661 Sew ImprovonrontfIrstall flell Ave, Sewer Improvements Gordon, Grave Sanitary 101,strict $aNalthu, (114)7417$S30 Williams Canyou Water V1,40 TrAft lunch WatorDistriet A.T. Vilna! (949) 453 5300 'MJot??v11ty installation Lawrence Ave. Storm Drum City of Pullerton YrieVillagrada (714) 73&3115 Bolam Chsnnet to 0ormoonwoM Ave AristolStrocut Sewer Replacement Costa Mesa Samtery District Rob Hamers )(949)631-1731 Auto, Plox to Bihh Stawt City Wide Sanitary fraprovaintaits City of AAalroba, Smiloziny (714)765,6059 Sower Improvenutut in varioas areas in ApAttm Emergency Worlt Irvine Ranch WaterDisariet A.T. TOluni (7k)453-5300 Contracted with 11M) to do arnergsney work EmergencyWork City ofArmhemi, MikeJoubari (714)165-4119 Contracted widt Ckyof AnalioimfbT MV Froorgency Work Yorho, Linda Water'01sarid, Ken VerbarnIll (7`14) 701-344L Confitoted to 4o cincrgency wmk, More references available upon request Roger Dettcu ( Protect Manager) Edueatiour High School 12 yrs. Iowa State University 2 yrs: Iowa Land Improvement Conhactors'Survey Education l yr; Work Experience, Jensen C msnuctlena 1905 to '1969 3 yrs. n-oxirnate 250,000 feet per year. cies 850 and 450 Trancbors, J -D, 310 & 41018ackhoes; Boren Construction Company lnc. 1970 to 1986 1fa yrs: Positiox President Type of work. Installation of ground drainage pipe 700,000 to x million feet per year, design and install suriaoe waterway drainage for fariuland owaera. Esquipment. Parsons 450 Trencher, Fiat Allis 21B Dozer with mole, Flat Allis IS Dozer with vriclr, .Prat Allis 2118 with 14' blade,1.D, 450 bacldroes, Multiple Truck Trootow with trailers. 1, Ri Pipeline Inc. 13116 to 1988 2 yrs:. Heavy Equipment Operator E4uipament. CO- 235, 225 4 245 Exc., Case Backhoes„ :Cat 965 lewder, P&H Crane: 1988 to Manager ugat Rxperlenee: Mitsubishi 300 Exe., Cat; MEMO,, Hitachi i0 & 5.50 Exc. with concrete processor, Laboonty UPI3O and sweeper and buckets Cat. 446 hoes whit breakers, tread 555; 655 & '?55 backhoes, Cat. 950 & 966 loaders, Cat. Track loaders. Cat. Dozer, Joh responsibility: Coordinate equipment and work, forces forjob application. C ordimite project sclaedulirig witla Gonorid Contractors. Coordinate abatement and cleanup of lead basopaiTufiour bridge General Contractors and Jobs- MCM Conti. Ca. Frwy. 5 and 91 intersection deme bridges Ball Ball & 8rosmer Ewy 5 and Jamboree over pass demo Pivoraide Coaqt. Co. Fi- vy 10 and Washington bridge Palm Springs l eswitt Pacific Coast. Alameda Corridor three tressol ttxR bridge Removal over the L.A. River IlyperionWater Treatment Plant LA. FCi Canso Co. "Scrota Carite said Frwy.14 Sand Canyon 13rdg, Demo Ventura Frwrlr 1.01 and Rose Ave.13rdg. anta, Barbara and Hwy, 54 Frwy 99 and Merced River Brdg. Demo tltasoadom Brdg. Disassemble Frwy. 10 and Central, Mountain Brdg, hernia Frwy 10 from Frwy 57 and " 4te Ave road nto"[ Norton Air Force Base Ruawayretnovals Kaiser Peraaaanente 5 story parking structure dento in Santa Anus Pave Tech Const, Co. Frwy 5 ?moxa Baia tJnofre to Ocean Sade Pawns Engineering: 2000 to Present Position;; Projeet Manager General t Saydea�-1 Jobs: Anter Frwy. S and 405 01f Course Ervine rbt r View tongeac;4 Center in Woodland Bills OPUS West Crairstr. CO, OPUS Crentcr Irvine Ii ; SHEAHomos Ladera Ranch � tracts` Aliso Viejo 3 tracts Yorlra Linda 3 trades City of Walnut I tract' Public -Works XAs hvine Ranch in Br=ine Garden Crow ltynfllivmBide WmIturt Valley Water District Rowland *dater District City of Stanton Paulus Engmi e r ng, Inc, Control 8ng'10ming CbnCWorod Construction maotngctnout 12aeasa Aiumbor 724114 Water We have rope [red everything from 1 and 7water services, AC, PVC, ductile iron, cast Iron, steel and GMLC water lines ranging from 41' up to 54" diameter pipe and cut various sized new valves on an emergency basis, The City of Anaheim had a 36" CMLC water line break Int a Palma Ave in Frontof the Raiser Hospital on a Saturday afternoon, Upori receiving; the call we had a ctew and equipment onsite within an hour and a half. The initial crew worked onsite until 5.'00 am Sunday morning when our second crew came on and finished backfilling and paving the street so It would be open for Monday morning rush hour.. Irvine Ranch Water District had an Bn AC wafter line blowout in "fort Karmen Ave, which gashed out the slope of the 405 overpass. We received the call at 9:00 pm and had a M a slope, as well its p� rams and IRWO to ge rice to the public. ve back Von Karmen Ave,' the project dome in a hotel county had a severe m that caused an Canyon to help get them eking with it about 600 If of pair the water line and ass out of the canyon. able to make a road for ng an 18 year relationship with Wells Supply, which is located In 8, es un access to water pearls 24 hours a clay; We .have that same % th our subcontractors and other material suppliers that allow us to s ne for assistance on a project:. This includes welders, saw outters,' ing, sand, rock, dewatering and rental companies. 28711F. CriRONADO ST., APtAx RIM, Citi. 92906 TEL (714) 6132.3975 FAX V 14) 652.5V7 Paulus Engineering, Inc. Genera Fri -O eerlog COntradoraad Coastruel9wrNraaa anent Mouse Number r-4114 ' Ower Our crews € in places sr well-asa 9C of ,sully weel We were OB and Rockfie I*N air was made and the rc a 0" VCP trunk line in tl s discovered that the tnl conduits were Installed, was only an hour and: he line was 14 ft, deep forthe dist ver force main had broken in iermined that the only way to Ing was to set uta a ley -pass., parallel with the 2011 VCP. Our orews excavated the area the first night and at 1:00 the next night we removed the broken pipe and replaced It wifih anew piece In one hour. The excavation was backfilled and paved by the and of the day; Other Emergency Repairs Paulus Engineering„ Ino. has also done storm drain repairs due to flooding and pipe failure, Slope repairs from broken water lines and heavy rains. We have repaired ' berms behind the Prado Dam after heavy rains and flooding. Equipment Paulus Engineering, Inc. has s large fleet of equipment for any type of repair. We own excavators ranging from 15,000.1 1[1,400 lb, machines, backhoes, loaders, skid steers; water trucks, dozers, compressors and other miscellaneous equipment. We own two [/actor vacuum frocks that we utilize for cleaning sewer dries as Weil as excavation and have dump trucks and trallers for our backhoes as well as a low -boy trailer to move our excavators. MI 1 E. CORONAM sT., ANAHPIK CA 9206 TO, (714) 612-3975 FAX (7 W) 02^1077 Paulus Engineering, Inc. Genoul Engmeadng C:Muntrrmid ConstrootionManagement Ltsenme NumberY241 14 Paulus Engineering, Inc, prides itself in our ability to respond to any emergenoy night or clay of any size and get the Jab done in a professional, timely and safe manner. We have the manpower and "uipment and know how to take care of any emergency repairs. Thank you fbrcensidering our firm as one of the contactors that will selected for On - Call Emergency Seiner and Water System Repairs, Paulus Engineering, Inc, 2811 E CORONADO ST, ANAUB11M, CA 12806 I'M d? r 4) M,3975 FAX (714) 632.5077 OLTI I ra, , "llminkMil PROPOSERS CERTIFIMION a" PROPOSAL ITEM PRICING .Pf2p2jor sMIl attacp g sparote, houdy, rate- schodij le with hourly ratesLor staff ptr fob ctassi%tcatien and equipment.,.: i ":. 1 � Nf' � If' c, r CITYOP SANTA ANA _ REQUEST FOR PROPOSALS FOR ON-CALL SEVER AND WATER SYMM REPAIR SERVICES REFERENCES Raferance Customer Neme; r�a'�r �+� fi�n�{� � � a�„ ContootlndivIcIvel Addreaa: Ct . n Phone Number: Rfaft i racslmda Number', ContractAmount:129r?'3S j.#0 Year: Zell or services provided eierence CustprterNamei R, Contactltldlvlduat }{�w a AA"1 Addresas gv, d #� Phone Number: Facelmlle Numberbtdd #f -.Ft f u l CentradAmculnt:. I 40tr 0101 610 Year. 4 t "S Leseriptloo ref supplies, equipmeri, erservices provided: Eferance .quipm nt, or services provided rAi 0onto tlndJvidVnI: Phone Number: al t v -..-obi i<acsim Ila Number: Year,. Page 20 CITY OF SANTA ANA. REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SSRVIOE0 REFERENCES ersra SUst mer Name: i' ,;j f flwstf Contact Individual! jA " lr b4 tt e .P Address QQ rxu it., Picone Number. 1�11x t( L411 y LA Paasimite Nvmber: 171049w. m1f Contract Amount: Year: d'1 Dowription of supplies, equipment, or services provided;` I Ftdtar�nc CustomerPiame: t trdrt Address: ism,j f t w Contr tAmount. ")-I 09'1.0 Cottiaotlndiv�4tel5„ phono Number: *1 t . Facsimile Number Year €tetecence Contract Amount: 1 /,rh I]eseriptiott rrfsuppiles, equip+nen3�orservloes provicsrl Contact individual .) v c i' PhoneNumber (IVO a/-7zon Facsimile Number: Year. r• r � i r r � rr r�r r rWIN= CITY Of SANTA ANA REQUEST rOR PR POSAI*S FOR CSN -CALL- S£+NS£2 AND WATER SYSTEM REPAIR SERVICES s REFERENCES Reference Customer Name, I t , g' AApct M Contact tndtvldualt Addressa . AN, Phone Number: Facsimile Number: x Contract Amount. 0 Year: Description of supplies, equipment, or s rVices provided; ,(,. , . � , _ i,.._ � . .v -AI:_ - #Reference Customer Name. a ContactlndividuaE Address: 160 C r. atm pis 21-1 Phone NtuT0er: 0 14-4 A,: � # Facsiro le Number bigl) ContrartAmountt.. - JG>_ � Yeer: Description of supplies, equipment, or services provided. tisference Customer Name' q Address: +pp61 rr g tuontractArnoun� t ,;„„�„_ ,s, equjpTentt or services p Contact Individual: Phone Number., 1 r Facsimile Numbor: year: K f EXHIBIT t r CITYOF SANTA ANA REQUEST FOR PROPOSALS FOR ON-OAL.I. SEWERAIND WATER SYSTEM REPAIR SERVICES PROPOSEW$ STATEMENT Proposer understands that a proposal is, required for the entlm work, thiet tlfe estimated quantities set tonh In the PFP schedule are solely far the purpose: of compattng pwposots, and that final compensation ender the contract will be based upon the actual quardittes of work satisfactorily completed. All terms contained in the spadfications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be Incorporated by reference Into this agreement and are made specifically as part of this RFP. 15 Finn S d t Signed and Printed Mame:. TI4la ', UT'[ rx Date Paulus Engineering, Inc. EXHIBIT E CITY OF SANTA ANAs REQUEST FOR PROPOSALS FOR OWCALL SEWER AND WATER SYSTEM REPAIR SERVCPS CERTIFICATION OF NORDISCRIMINAPON RY CONTRACTOR The undersigned contractor or corporate officer, during ihe performance of this contract, certifies as follows: 1 to race; 4. The contrae rules, regui< 0 a .S :otnply with all provisions of Executive Order 11248 of September 24, 1965, and of this d relevant orders of the Secretary of Labor, 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions o€ paragraphs 1 through 7 in every suboorttract or purchase order unless exempted by rules, regulations, or orders of the Secretary of, Labor issued pursuant to erection 204 of Executive Order 11248 of September 24,1965, so that such provisions will tie binding upon sack subcontract or purchase order as the administering agency may direct as means of enforoing such provisions„ including sanctions for noncompliance, provided, however, that in the event the contractor becomes involved in, oris threatened with, litigation by a subcontractor or vendor as a result df such,direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the Interests of the United M4 Pursuant to CaliforniaLobarode Sacgon 1736, as added# • and as amended, CITY OF SANTA AN REQUEST FOR PROPOSALS PAIR ON-CAL„L. SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLIJOIONi AFFIDAVIT NO �C�ov st�N,A r-1 vlr (Title 23 United States Code Section 112 and Publics Contract Code Section 7106)' To the CITY CLP SANTA ANA or of Note; The above: nonoollus on s thereof shalt also constitute stgr false cerGfioation may subjectlf 1t2a or on de rroposer, or fix any overhead, profit, or cost element of the proposal or to secure any advantage, against the public body awarding the aposed controok that all statements contained in the proposal are true; directly or indirectly, submitted his or her proposal price or any reofy or divulged information or data relative thereto, or paid, and wifl not �rship, company association, organization, cid depository, or to any a collusive or shorn proposal. t is part of the proposal Signing this proposal on the signature portion sf this norroollusloo davit. Proposers are cautioned that making rterto ort riinal trr !tion. Signed t State oa, Ooonty of Sub ddb w orn to (or affirmed) before me on this day ✓ Z�,f „� m, proved to me on the basis of safisfactary e i endo to be tr appeared b6fore me: Neta Public aiprtature AGREEMENT EXHIBIT C rUIpsE inger1T1g.TkC.. Customer. WorkAuthD=odbY, Onsarinl(en: T9M8& MATERIAL WQRKSMEET Project., WorkDatw Puma t!: TM No.,, 1;ABOR InEGHROJOITHouil RVOPAT8 1 7f RATE :I RJq TOTAL:. Pf7 TPTAL, Labored. _ $ 50,90 a BIZ5i"$ Plpetaw $ 6510 $ 47.85'.., $ Oparator $ 78.60: $ 13A0 ; $ $ TruokOriver.. $ 75,60 $ 193.40 t It $ Fowman $ 84.92. $ 128,-08... $ '.:$ $uppdntandast $ 95;C0 $ 142.80 $ $ subtotal`. tt $ Mark Up j1%... 1 TOTAL QYY- ARfi EO IIINT ,.I MT. I UNIT I TOTAL at34 F]tdavatcC '. 'MR. $ 170,00 $ ., Compaction Wheel MR $ 36,90" $- Dat3$0Moavator... MR. $ 130:09 $ CompacttonWheel MR.: $ 38410.::$. - Cat 992 Wheat I.opasr MR $ 120100 $ -C6080 Whse,TLpatler .MRS $ 100,00-$ Lowbod Tracton'Treilar MR $ 85,00' $ - Cat Baokh6e MR $ 75.0-: $ - Compa5tlanWhealur0raekkr MR' _ $ 25.00 $ - CatSkIdateerw1ahachments, MR $ 154.10' It -- 9ahtnTmok MR.. $ 48A0' $ sOper,ron Pump MR $ 75.dO $ SWhaei Ours Truck. MR.: $ 9000 $ -... Water Truck MR'. $ 56.00' $ Drew Truck With Tools:: PIR' S 3$,01' $ DellveryTruck. MR : $ 30:00- $ VaotagPump Truck MR $ 135.09" $ - 141suTbole $hodn9J0oks- par each Day. $ 1280 $ Trapoh Plates -per each Pay $ 1200' $ Trench Shield Day. $ 108.00;,$ - MenhbleShield hay $ 90.00..' $ - 3'PumpwlConmotom Day $ 108.00: $ Gewrotor, Day $ 80.00$ -. AirCbmpraascr . Day $ 125.90 $ - rAirBlawet Dal` $ $5.00: $ CafifaatT6paoeF4uipment' Day: $ 760.00 $. Gas Detection Equipmaht Day $ 68.00:3`. -. TrarflcAnow Boar: Day $ 12000.. $ TIMM-40160oaea Day $ 2,00 $ Trdtlio CapaslDelioaalors Day $ 2,00' $ AC Roller. Day- $ 175.09. $ - Walk 9shlnd Vibratory Plate- Day $ 80,00.$ - mist smaitTaois Day $ 76.00. $ - Subtotat $. Mark Up% 15% it - TOTAL: $..... _ AMT Ma AT6RIAL SUflOOtiTRAOT BG- Unft ' TPT I-" $ $ - -subtotal Markdlp°% 18%. S - $ _ TOTAL $ TOTALWORKSHBET- $ 11,4"-ld_ 404 drD OP IDP At; CERTIFICATE OF LIABILITY INSURANCE05101 DATDIYYYI') 05/01/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(les) must be Endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain policies may require an endorsemarrL A statement on this certificate does not confer rights to the cortlfieate holder in lieu of such ondorsemenY s . PRODUCER Phone: 949.553.9800 The Wooditch Company Insurance ServiceFax: 849-553-0670 1 Parks PlaIncza, 1 Park CA 92 Suite 400 Christ ph 92814 Christopher Hodson COON PHONE AIC Nn: �E,dh ab ess: pnOD CEn 1LSTOMEa IDa PAULU�1 ry_^ INSURER(SI AFFORDING COVERAGE NAIC0 GENERALNARIUTY X COMMERCIAL. GENER�AL u�nDlLrrr CLAMS -MAPF 1 OCCUR INSURED Paulus Engineering, Inc. ___ INSURER A: WOSCO Insurance Compan 25011 2871 E. Coronado Street Anaheim, CA 82808 INSURER e,Security National Insurance Co 19878 INSURERC; INSURERD: S 1,000,00 _ 00 s 100,00 _ INSURER E: $ 5100 INSPIRER P $ 1,000,00 COVERAQFR CERTIFICATE NO IMRFR. RF1ne1nu hil IIIBn Cb. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED'NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PMD CLAIMS. ILSR TYPE OE INSURANCE POUOV UMHER P U Y FF D PO CY CAP _ LIMITS W. GENERALNARIUTY X COMMERCIAL. GENER�AL u�nDlLrrr CLAMS -MAPF 1 OCCUR X P108493701 05101114 06I01f1fi EACH OCCURRENCE - T2TRENTED._......._ rs I OPSS,4H?, S 1,000,00 _ 00 s 100,00 MCO EXP (Aev anh a eon) $ 5100 PERSONAL A ADV INJURY $ 1,000,00 �,�__,-,-.__ GENERALAGGREGATE $� 2,000,00 GeNL AGGREGATE LIMIT APPLIES PER: PRODUCls-COMPIOPAGG $ 2,000,00 POLICY X PR LOC �� 7 A AUTUMORILELIABILDY X ANY AUTO ALLOWNEOAUTO$ WPP109493701 08101114 .pJ �y08/01/15 y.>'_�(,A} COMBINED SINGLE LIMIT Ee aWdaM) $ 1,000,00 BODILY INJURY(PatpArann) $ -�-- OOOILY INJURY (per awitlen0 S SCNEDULEDAUTOS HIRED AUTOS �yy p A S,O S '� PROPERTY PROPERTY DAMAGE $W_. S NONAWNEPAUTOS Vi.© K $ UMBRELLA UAB IXCESH UAB _ OCCUR GWMSMAnE r'I` SP �',• L1 AI(t©C 'M j J" EACH OCCURRENCE S ___ AGGREGATE $v DEDUCTIBLE $ A55TStBnl $ � RETENTION B WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOWPARTNER/EXECURVE OPROERIMEMBER EXCLUDED? (M'ndaler1f In NH) it yyeA d06C(IhO aMaf DESCRIPTION OFOPERATIONS Wl*. NJA WC1045857 05101114 05101115 WC STATLL 0 X YJ.INB.S E,L.EACH ACCIDENT $ 1,000,Q0 E1. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. OMEASC-POLICYLIMR 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUe.h ACORD 101, Addeaeel R ... ft Schedule, Rmom space Is.,Wrerl) *Except 10 Days Notice of Cancellation for Non -Payment of Broalium. City of Santa Ana, its officers, employees, agents, volunteers and roprespntaptives are Named as Additional Insureds as respects General - "Santa Ana Attached Endorsement. RE: Santa Ana EMSrgenay Work. g cY SEE NOTES glaip V L'R 11,'1l,MI C. I"INMIJ R �ArVUtj.1-AIiUIV SANTAAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 220 S. Daisy Ave., M•85 Santa Ana, CA 92702 AUTHORIZED REPRESENTATNE �- G\9ORR.9nna ACnon PnOCMbAYIMI All.;—k6 .,.ae..ew ACORD 26 (2009109) Thu ACORD Rome and logo are ragistsmit marks of ACORD d POLICY NUMBER: WPPI0949370i COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such Insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other Insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this Insurance Will not apply to any claim loss or liability which is de- termined to be solely the result of the additional in- sured's negligence or solely the additional insured's responsibility. Information required to 22mialete this Schedule,_ if not shown above, will be shown in the Declarations. Section II — Who Is An Insured Is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, In whole or in part, by "your work" at the location designated and desoribad in the sched- ule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard". CG 20 37 07 04 'TO dpi: �ORp1C 0ISO Properties, Inc., 2004...y\,A �'C ty pttoYney page 1 of 1 n�,slsta� � r POLICY NUMBER: WPPI09493701 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS SCHEDULED• OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Dr Orgarrization(s): Lonation(s) Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It Is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shell be pri- mary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arlsing out of the operations of the named insured, provided however that this Insurance will not apply to any claim fess or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's re- sponslbility, Information required to com fete this Schedule, if not shown above, will be shown in the Declarations. A. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or orgonizallon(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. S. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured($) at the location of the covered operations has been completed; or 2. That portion of "Your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged In performing operations for a principal as a part of the same project. �a . 00 0P ovyP �DRt;K 1.15P �Gty �ttprreV CG 20 10 07 04 0ISO Properties, Inc, 2004 Ass stsok .Page 1 of 1 J PAULUS ENG EVELASCO CERTIFICATE 4F LIABILITY INSURANCE DAT4r27�212712 a1 (MMfDYY6 s THIS CERTIFICATE IS ISSUED AS A MATTER, OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SU'BROGATI'ON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dries not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 Irvine, CA 92614 _.._ ........_.—.._......— T� PHONE (949) 553-9500 I Cw Nmg: C 49) 553 ti67ii E-MAIL ADDRESS; . ... INSURERt5) AFFORDING COVERAGE NAJC q PaMMSEPNED 100,000 INSURER A: Executive Risk Indemnity„ Inca 35181 INSURED INSURER B: Federal Insurance Company 20281 �—.._.. INSURER c m Paulus Engineering, Inc. INSURER D 2871 E. Coronado Street Anaheim, CA 92806 INSURER E ; INSURER F:. COVERAGES CERTIFICATE NUMBER: R17W.SIFIN hIIlMRFR— THIS IS TO CERTIFY THAI' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TMS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S'UBJ'ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N—Si _m_m_.,_. _..,._..w... _—A U99 LTR TYPE OF INSURANCEIt3s01 W4'D POLICY NUMBER MOL IC7YY EFF MM ICY YJY_EXP LlMirs A X � COMMERCIAL GENERAL LIABI'LrrY CLAIMS -MADE FRI OCCUR X 54303105 05101/2016 05/01/2017 EACH OCCURRENCE _$—tl�— 1 ,000,000 PaMMSEPNED 100,000 MED EXP {Anyone person) $ 5,000 PERSONALaADvirsluRv $ 1,000,000 GEN"L AGGREGATE LIMIT APPLIES PER: POLICY ECT �LQG GENERAL AGGREGATE $ 2,000,000 PRODUCTS-OaM9PlOP AGG $ 2,000,000 p, $ OTHER: tl gg i AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 5 I� 154303104 0510112016 '� 05101/2017 COMBINED SINGLE LIMIT Ea accidentl t $ 1,000,000 BODILY INJURY (Per persu") s BODILY INJURY (Per accident) ; $ NaNdiWNED HIRED AUTOS AUTOS PROPERTY DAMAGE (Per accidentt ` $ a UMBRELLA LtAB OCCUR. i. EACH OCCURRENCE S AGGREGATE. $ ...�.. EXCESS LIARCLAIMS-MADE -. DED RETENTIDMS ! $ B WORKERS COMPENSATION AND EMPLOYERS" LIAR I r Y Y L N ANY PROPRIET)RAPARTNER)FXFOJTIVE c� OFFICERIMEM9ER EXCLUDED? LJ (Mandatary' in NH) If ns, describe. under '.., DESCRIPTIOiN FOPERATIONS below NIA ! 54303106 0510112016 0510112017 PER g OTH- " STATUTE Y ER E.L.EACHACCIDENT $ 11000,000 _._....— ._.._.. r. L'. DISEASE - EA.EMPLOYE$ '1,0011,000 E. L. DISEASE, -POLICY LIMIT �'. S 1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101, A.ddltlonal Remarks Schedule, may be attached 4 more spare Is required) RE: Sana Ana Emergency Work. RE: Santa Ana Emergency Work. glatp City of Santa Ana, its officers, employees, agents, volunteers and representatives are Named as Additional Insureds as respects General Liability per Attached Endorsement. This Insurance shall apply as Primary and Non -Contributory per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Santa Ana 220 S. Daisy Ave., M-85 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE'. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE; G� ✓ 1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD •,�"' t+"' ,r't✓rte. ti.N�" @l.,r,ar�...�w V 0 AGENCY CUSTOMER ID: PAULUS ENG EVELASCO LOC #: 0 ACC>RO ADDITIONAL REMARKS SCHEDULE Page I of 1 AGENCY NAMED INSURED ,Paulus Engineering , ineen Inc. ;2871 E. Coronado Street CA 92806 POLICY NUMBER SEE PAGE I CARMER NA71C CODE SEE C PEEPAGE 1 SEE P I LEFFECTIVE DATE: SEE PAGE I DDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- ACORD 25 FORM TITLE: Certificate of Liability Insurance -------- Cancellation: *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, The Woodlitch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD C_ 3 /61' Policy No. 54303105 COMMERCIAL GENERAL LIABILITY 10-02-2508 (Ed. 7-15) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION 11 — WHA► IS AN INSURED is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an insured on this Coverage Part, but,: a. Only with respect to liability for "bodily injury", ",property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not, qualify as an insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the insured by this endorsement is limited as follows: a. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the insured shall be limited to the limits of liability required by that "written contract requiring insurance", This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. b, The insurance provided to the insured does not apply to damages, loss, cost or expense arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. si- c. The insurance provided to the insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that insured, and then the insurance provided to the insured applies only to such "bodily injury" or "property damage" that occurs before: (1) The end of the period of time for which the "written contract requiring insurance" requires you to provide Such coverage; or (2) The end of the policy period; whichever is earlier. The insurance provided to the insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the insured which covers that person or organization as a named insured for such loss, and we will not share with that other insurance. But the insurance provided to the insured by this endorsement still is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when that person or organization is an additional insured under such other insurance. 4. As a condition of coverage provided to the insured by this endorsement: a. The insured must give us written notice as soon as practicable of an "occurrence" or an 10-02-2508 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. p,�- S, 3 IVII 7 2. cl Policy No. 54303105 offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the insured, the insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The insured must immediately send us copies of all legal papers received in connection with the claim or 'suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d, The insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to, the insured by this endorsement is primary to other insurance available to the insured which covers that person or organization as a named insured as described in paragraph 3. above, 5. The following definition is added to SECTION V - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you, b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., 10-02-2508 (Ed. 7-15) with its permission. 1-*11L-C"A,' - Le- 11110300YAIVMMN� �46 11 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional Insured, Where required by written contract 0404afflm Location Of Covered Operations: (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that; (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed, 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page I of 1 with its permission.