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HomeMy WebLinkAbout23A - RESIDENTIAL/ALLEY IMPROV PROJREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AWARD A $874,300 CONSTRUCTION CONTRACT TO EBS GENERAL ENGINEERING, INC. FOR THE RESIDENTIAL STREET REPAIR AND ALLEY IMPROVEMENT PROJECT (PROJ. NOS. 18-7526,18-7527 AND 18-6910) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO yi FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $874,300, for construction of the Residential Street Repair Program and Alley Improvement Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,092,874, which includes the $874,300 contract, $87,430 as a 10% project contingency, $59,000 for Contract Administration, and $72,144 for Inspection and Testing. The project will be paid by Community Development Block Grant and Measure M2 Local Fairshare funds. The budget is sufficient to cover the contract. DISCUSSION The City's Pavement Management System has identified local streets located in the Heninger Park neighborhood, Madison Park neighborhood, and an alley in the Eastside neighborhoods as high-priority road pavements in need of rehabilitation (Exhibit 1). The pavements are deteriorating due to weather, age, and heavy use. The improvements include performing localized concrete pavement reconstruction, replacing damaged concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps, and sealing cracks to prevent deterioration from water infiltration. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods. In order to proceed with the project, besides the award of the construction contract, staff is also seeking Council authorization to set aside funds for contingency, and to cover City staff costs to perform Construction Management, inspect the work, and complete required materials testing, all 23A-1 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 2 to ensure quality and workmanship. The table below summarizes the funds that staff is requesting: Construction Contract $874,300 Construction Administration $59,000 Inspection and Testing $72,144 Contingencies $87,430 TOTAL ESTIMATED FUNDS NEEDED $1,092,874 The costs to cover City staff responsible to deliver Capital Projects are paid by the project funds, and no additional nor separate funding is used to pay for staff delivering Capital Projects. A Notice Inviting Bids was advertised on February 1 and February 6, 2019, and bids were opened on February 20, 2019. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 25 Contractors requesting bidding documents 22 Bids received M Bids received from Santa Ana contractors 1 Outreach To provide an opportunity for local vendors to submit bids, the City has been utilizing PlanetBids which is web -based system. Through this system, 25 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EBS General Engineering, Inc. Corona $874,300 2 Hardy & Harper, Inc. Santa Ana $977,990 3 Gentry General Engineering Inc. Rancho Cucamonga $982,549 4 Excel Paving Co Long Beach $1,079,701 5 Nobest Incorporated Westminster $1,114,625 6 ONYX Paving Company Inc. Anaheim $1,777,000 23A-2 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 3 A total of six (6) bids were received, and all were deemed responsive. EBS General Engineering, Inc., submitted the lowest responsive bid in the amount of $874,300 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2019-29 was filed for the project. In addition, a Certification of Categorical Exclusion and Statutory Work sheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,092,874. The Measure M2 Local Fairshare project funding will come from money already received. The following table summarizes the Funds budgeted for expenditure to deliver construction of this project: 23A-3 Accounting Unit — Accounting Unit - Fiscal Year Account No. Fund Description Account No. Amount Project No. Description FY 19-20 13518783-66220 Community Development CDBG Programs, Improvements Other $555,555 July -June (18-7526) Block Grant Than Buildings FY 19-20 13518783-66220 Community Development CDBG Programs, Improvements Other $421,609 July -June (18-7527) Block Grant Than Buildings Measure M Measure M2 Local FY 19-20 03217662-66220 Street Fairshare, $115,710 July -June (18-6910) Construction Improvements Other Than Buildings Total $1,092,874 23A-3 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 4 All Funds are scheduled for expenditure by the end of Fiscal Year 2019/20. APPROVED AS TO FUNDS & ACCOUNTS: Fuad S eiss, PE, PLS Kafhryn Do ns, CPA Mian Executive Rrector Executive Director Public Work Agency Finance and Management Services Agency FSS/EWG/TC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 23A-4 SANTA ANA Project No. 18-726,18-7527 & 18-6910: PWA Residential Street Repair Program and at Alley Improvement FY17/18 Exhibit 1 23A-5 23A-6 City of Santa Ana EXHIBIT 2 Page 1 Residential Street Repair Program and Alley Improvement FY 17/18 (18.7526,18.7527 & 18.6910), bidding on February Printed 03/01/1019 Bid Results Combined Proposal.pdf Bidder Details OWNERSHIP Vendor Name -EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST Public) - REQ Original STE 100 CORONA, CA 92879 United States Respondee JOSEPH A.NANCI RespondeeTitle PRESIDENT Phone 951-279-6869 E#. Email BIDS@EBSGENERAL.COM Vendor Type Hard Copy Submittal In License # CA DIR NON -COLLUSION Bid Detail Non-Colluslan Affidavit Bid Format Electronic Submitted February 20, 2019 1:34:48 PM (Paatfic) Delivery Method Original Hard Copy Bid Responsive Bid Status Submitted Confirmation # 167649 Ranking 0 Respondes Comment Buyer Comment Attachments File Title File Name File Type EBS Proposal Combined Proposal.pdf General Forms OWNERSHIP OWNERSHIP.PDF Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition BID BOND BID BOND.PDF Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition NON -COLLUSION NON-COLLUSION.PDF Non-Colluslan Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code uom Cty Unit Price Llns Total Comment Base Bid Proposal 1 Unclassified Excavation CY 430 $135.00 $58,050.00 2 Asphalt Concrete (AC) Pavement TN 40 $250.00 $10,000.00 PlanetOlds, Inc. 23A-7 City of Santa Ana Page 2 Residential Street Repair Program and Alley Improvement FY 17118 (18.7526,1 &7527 & 18.6910), bidding on February Printed 0310112019 Bid Results Type Item Code UOM OtY Unit Price Line Total Comment 3 Aggregate Base TN 100 $45.00 $4,500.00 4 Removal of 6" PCC at Various Locations GY 1120 $135.00 $151,200.00 5 Construct 6" PCC Pavement with (3 -day) Cure including Dowels Cy 1120 $230.00 $257,600.00 6 Crack Seal with Deere Super Gray LF 30000 $4.25 $127,500.00 7 Construct PCC Sidewalk (T=4") SF 6100 $5.00 $30,600.00 8 Construct PCC Driveway Approach (T=6")' , SF 900 $7.00 $6,300.00 9 Construct PCC Curb Ramp SF 6000 $11.00 $86,000.00 10 Construct PCC Curb and Gutter (A-2.6) LF 100 $35.00 $3,500.00 11 Construct PCC Curb and Gutter (B-1) LF 400 $35.00 $14,000,00 12 Construct PCC Alley Apron (T=8") SF 400 $10,00 $4,000.00 13 Construct PCC Alley (T=8") with (3 -Day) Cure CY 160 $330.00 $52,800.00 14 Construct PCC Crass -Gutter (Local Street) SF 2200 $9.00 $19,800.00 15 Grind PCC LF 300 $30.00 $9,000.00 16 Root Shave EA 16 $400.00 $6,400.00 17 Adjust Sewer Manhole Frame and Cover to Finished Grade EA 15 $500.00 $7,500.00 18 Fumish and Install Water Valve Frame and Cover to Grade EA 15 $850,00 $9,750.00 PlanetBlds, Inc. 23A-8 City of Santa Ana Page 3 Residential Street Repair Program and May Improvement FY 17118 (18-7526,18.7527 8 18.6910), bidding an February Pdnted 0310112019 Bid Results Type Item Code UOM Oty Unit Price Lina Total Comment 19 Furnish and Install 1P2' Thick by 16" Wide Polyfoam LF 100 $25.00 $2,500.00 20 Signing and Striping LS 1 $21,000.00 $21,000.00 21 Project Advertising Sign EA 2 $1,200.00 $2,400.00 22 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $874,300.00 Total $874,300.00 PlanotSlds, Inc. 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 ID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 430 CY $ $ 135 58,050 2 Asphalt Concrete (AC) Pavement* 40 TN $ $ 250 10,000 3 Aggregate Base* 100 TN $ $ 45 4500 4 Removal of 6" PCC at Various Locations* 1,120 CY $ $ 135 151,200 5 Construct 6" PCC Pavement with (3 -day) 1,120 CY $ $ Cure including Dowels 230 257,600 6 Crack Seal with Deere Super Gray* 30,000 LF $ $ 4.25 127,500 7 Construct PCC Sidewalk (T=4")* 6,100 SF $ $ 5.00 30,500 8 Construct PCC Driveway Approach 900 SF $ $ (T=6")* 7,00 6300 9 Construct PCC Curb Ramp 6,000 SF $ $ 11 66,000 10 Construct PCC Curb and Gutter (A-2-6)* 100 LF $ $ 35 3500 11 Construct PCC Curb and Gutter (B-1)* 400 LF S $ 35 14,000 12 Construct PCC Alley Apron (T=8") 400 SF $ $ 10 4000 13 Construct PCC Alley (T=8") with (3 -Day) 160 CY $ $ ECure 330 52,800 14 Construct PCC Cross -Gutter (Local Street) 2,200 SF $ $ 9.00 19,800 e 7� CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 Item Description Qty Unit Unit Price Amount 15 Grind PCC 300 LF $ $ 30 9000 16 Root Shave 16 EA $ 400 $ 6400 17 Adjust Sewer Manhole Frame and Cover to 15 EA $ $ Finished Grade 500 7500 18 Furnish and Install Water Valve Frame and 15 EA $ $ Cover to Grade 650 9750 19 Furnish and Install %:" Thick by 16" Wide 100 LF 25 2500 Polyfoam 20 Signing and Striping I LS $ 21,000 $ 21,000 21 Project Advertising Sign 2 EA $ 1200 $ 2400 22 Labor Agreement Oversight 1 LS $ 10,000 $ 10,000 23AI 1 1 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 TOTAL BASE BID $ 874,300.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNIA CORPORATION A11 of the Board of Directors of EBS General Engineering, Inc., desiring to insure thatall the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date: January 3, 2010 e 41L Josepl anci,'So a Director ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: / 3 /O /ifs � Jose p anti, Secretary 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY 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 Public Works Agency Executive Director or his/her 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 BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and con•ect. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L ✓� Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E -Mail Address: bids@ebsgeneral.com Telephone: 951-279-6869 State Contractor's License No. and Class: License Expiration Date: 3/31/20 720016 A State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/19 Signed: L ✓� Title: President "Fw� CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER l� Title President (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: Streets, highways including bridge projects: %x% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: 'h% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. LS 8231 DIR Reg.#/Exp. 1000007166 Location Corona, CA Phone 909-484-4200 Type Of Work survey Amount $ $9600 Name Orange County Striping Service License #/Exp. 346095 DIR Reg.#/Exp. 1000005547 License # Location Orange, CA Phone 714-639-4550 Type Of Work striping Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 19,615 Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # Location Phone Type Of 1 Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. See attached reference list Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Culbertson Insurance Services: 5500 E. Santa Ana Canyon Rd Ste 201 Anaheim CA 92807 714-921-0530 Invensure Insurance Brokers: 17991 Cowan Irvine CA 92614 (949) 756-4100 h •i CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1• See attached reference list Name and Address of Owner. 2. 9 Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See info on P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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/she 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 non-compliance 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 contracts in accordance with procedures authorized in Execution 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. LJAPL0 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 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 with 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 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works 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 of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: L Title: President Firm: EBS General Engineering, Inc. Date: 2/19/19 23A' G I CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: z —11�! Title: President Firm: EBS Genearl Engineering, Inc. Date: 2/19/19 23MPLL CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: L 1� Title: President Finn: EBS General Engineering, Inc. Date: 2/19/19 237X- L 3 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space ct Name '2017 Arterial and Minor Streets Maintenance Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Type of Work Dates $4,594,000 Streets Maintenance 9/2017 —9/2018 2. Proied Concrete Street Rehabilitation, FY 2015-16 Project Address Owner Various Locations City of Orange Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Type of Work Dates $574,850 Minor Concrete, Street Improvements 7/2016 to 10/2016 3. Project Washington Square Residential Street Improvements Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $984,925 Minor Concrete, Street Improvements 4/2016 to 10/2016 4. Proied ADA Access Improvements Del Cerro/Burma Rd Entrance to PV Nature Preserve Project Address Owner Del Cerro/Burma Rd. City of Rancho Palos Verdes Contact Phone James Flannigan, Asst Eng. (310) 544-5295 Price of Contract Type of Work Dates $99,470 Exposed Agg. Sidewalk, Ramps, Drive approach 1/2017 to 3/2017 23A-25 'ct /16 Curb Access Ramp Installation Project Address Owner Various Locations City of Huntington Beach Contact Phone Jim Escutia, Public Works 714) 536-5525 Price of Contract Type of Work Dates $327,200 Curb Ramps, Domes 5/2016 to 6/2016 6. Project Rancho Santa Fe Road ADA Curb Ramp Reconstruction ProjectAddress Owner Rancho Santa Fe Rd City of San Marcos Contact Phone Duane Neyes, Construction Mgr. (760) 744-1050 Price of Contract Type of Work Dates $290,100 Ramps, Sidewalk, Gutter, Domes 6/2016 to 7/2016 23A-26 CITY OF SANTA ANA APPENDIX H PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 CDBG REQUIREMENTS 23A-27 Federally Required Documents to be Submitted with Your Bid Proposal Packet and Prior to the Award of Contract Specific federal requirements must be met for this U.S. Department of Housing and Urban Development (HUD) funded project. The City of Santa Ana's Contact: Community Development Agency City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 Phone (714) 647-5445 Fax (714)647-6549 www.santa-ana.ore/ THIS CONTRACT IS SUBJECT TO SECTION REQUIREMENTS, The following document(s) MUST be fully filled out and submitted with the bid proposal packa • Proof of registration in the System for Award Management (www.sam.nov► to be filed by contractor • Proof of registration in the D&B Data Universal Numbering System (httns: iupdate.dnh.cmn/iUpdate%omnanvlookun.html • Section 3 Contract Clause (Exhibit I). To be filed by contractor. • New Hire Calculation Form (Exhibit 2). To be filed by contractor. • Contractor's Section 3 Affirmative Action Plan (Exhibit 8). To be filed by contractor. • Section 3 Contract Award Considerations (Exhibit 9). To be filed by contractor • Women/Minority Business Owned Enterprises Good Faith Efforts (Exhibit 12). To be filed by contractor. • Noncollusion Affidavit (Exhibit 15). To be filed by contractor. • Federal Lobbyist Requirements Certification (Exhibit 16). To be filed by contractor. • Certification and Understanding ofAuthorization (Exhibit 17). To be filed by contractor and subcontractor(s). * Additional Wage Rate Classification.* If the contractor needs an additional job classification, the contractor must submit with the bid package a written, signed request naming the work classification(s) and the wage rate(s), including any fringe benefits that are proposed. The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prior to award of contract on the project: • Proof of registration in the System for Award Management (www.sam.gov► to be filed by subcontractor(s) Section 3 Contract Clause (Exhibit 1). To be filed by subcontractor Project Wage Rate Sheet. To be filed by contractor and any subcontractoi(s). 23A-28 The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prior to start of construction on the project: • Section 3 Employment Opportunity Notice (Exhibit 3). To be filed by contractor and any subcontractor(s). • Section 3 Resident Certification Form (Exhibit 4). To be filed by contractor and subcontractor(s). Section 3 Business Concern Opportunity Notice (Exhibit 5). To be filed by contractor. • Section 3 Business Concern Eligibility Certificate (Exhibit 6). To be filed by contractor and subcontractor(s). Certification for Applicable Fringe Benefit Payments (Exhibit 13). To be filed.by contractor and any subcontractor(s). • Certification ofNon-Segregated Facilities (Exhibit 14). To be filed by contractor and any subcontractor(s). • Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. To be filed by contractor and any subcontractor(s). *Note: The prime contractor is responsible for the full compliance of all employers (subcontractors) in regard to labor standards, Section 3 provisions, and W/MBE provisions applicable to this project. 23A-29 aNSAMs' 51'SILt1 FOR AwAFDS1A.tilGLttLS7 ANEW WAI'tiO�SIGN IN Ifyou already have a SA.�f account, use you ,3:1=il for�login.uac. Login.gov FAQs Q ALERT -June 11, 2018: Entities registering in SAM must submit a notarized letter appointing their authorized EntityAdministmtor. Read our undated F.AM to learn more about ebanges to the notarized letter review process and other system improvements. Q ALERT -There maybe a delay in data updates between the Small Business Administration (SBA) and SAM. If you notice any issues with your entity's SHA status or trouble on the SBA Supplemental page, please contact the Federal Service Desk. m ALERT- Direct hyperlinks to the Federal Acquisition Regulation (FAR) are not working due to Acquisition.gov maintenance. SAM.gov will restore all hyperlinks as soon as the FAR is restored on Acquisition.gov. Entity Dashboard 1 Entity O erview r Entity Registration , Core Data 1 Assertions t Reps R Certs r P2C& t Reports t Service Contract Report . BioPreferred Report ) Exclusions r Active Exclusions 1 Inactive Exclusions t Excluded Family Members 23A-30 Entity Registration Summary �. Name: Business Type: Registration Status: Exclusion Summary Active Exclusian Records? No i 23A-30 T^^`` Z W •L� T C L5 o Z � L w' w 0 ^. r n U ZEn w JINto Y N O G n, o a a m (J Z C L5 o Z w' w 0 U ZEn w JINto Y N O G n, o a a L iD O Gw N W rr- U U m cnA U u In T —i w a N 0 ,r a > a a a � c a Q U. in N c o x a u u u s ra. a L C n` VI C U C .o: t w m E 23A-31 i w ' W I i ?a 23A -31 r c EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts #18-7526,#18-7527,#18-6910 A. The work to be performed under this contract number by and between the City of Santa Ana, hereinafter referred to as "City" and EBS General Engineering, Inc. , hereinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be dir ected, were not to circumvent the Contractor's obligations under 24 CFR part 135. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. The Contractor by this signature affixed hereto declares under penalty ofpedury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. Signature of Contractor 720016 A Contractor License Number & Designation Joseph A. Nanci, President 2/19/19 Print Name and Title Date 83-939-1232 Federal DUNS Number 23A-32 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form Project Name: Residential Street Repair Program and Alley Improvement Project Location: 1320 E. Sixth St., Ste 100 Corona CA 92879 Street City State Zip Contractor Name: EBS General Engineering, Inc. Contractor Contact: Contractor Telephone Number: A. Nanci 951-279-6869 Contractor Email Address: bids@ebsgeneral.com Section 3 Resident Hiring Goals Trade/Craft I Number of New Hires Total Number of New Hires: I Total number of Section 3 resident new hires necessary to comply with contract: Signature of Contractor 2/19/19 Date 23A-33 EXHIBIT 8 Contractor's Section 3 Affirmative Action Plan Residential Street Repair Program and Alley Improvement Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. I. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 com mitment to each labor organization or representative of workers and p ost a copy of the notice at a conspicuous place available to employees and applicants for employment or training. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Se ction 3 clause provisions in a 11 subcontracts, and r equire subcontractor(s) to submit a Section 3 Affirmative Action Plan. EBS General Engineering, Inc. Company Name Signature of Contractor 1320 E. Sixth St., Ste 100 Corona CA 92879 Joseph A. Nanci Address: Street, City, State, Zip Printed Name 83-939-1232 President DUNS Number Title 23A-34 EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: EBS General Engineering, Inc. Please check the numbered statement that is applicable to your business: My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 1 please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) 51% owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to business concem(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. V My business does not qualify as a Section 3 business concern. Note: Section 3 business concern definitions are located in this project's Contract Documents & Specifications Manual within the section titled Section 3 Economic Opportunities Plan. L ✓� 2/19/19 Signature of Business Owner Date Joseph A. Nanci, President Print Name 23A-35 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITYBUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Project Name: Residential Street Repair Program and Alley Improvement Project Number: Project Location: I Santa Ana Pursuant to 24 CFR Part 85 § 85.36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assure that minority business firms, women's business enterprises and labor surplus firms are used whenever possible. Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. should accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: 2. The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of W/MBE Solicited Dates of Solicitation Follow-up Methods and Dates See attached email print out with i ist 2/15/19 follow-up email sent 2/19/19 3. The items of work which the bidder made available to W/MBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Items of Work: survey, root shave, traffic control, crackseal Breakdown of Items: 100% of bid items - #6,16 plus misc items survey & traffic control Information Furnished: plans & specs F:IDOCS\PROPSVCS�HUDFORMSIMBUSS04AMS-SedioOSpem.DOC 23A-36 EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: 1 declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that the City of Santa Ana and/or the U.S. Department of Housing and Urban Development may verb the information provided herein in connection with W/MBE compliance evaluation/audit activities and that failure to fully and truthfully complete this form may result in economic or other sanctions. Signature: Lil Name: Joseph A. Nanci Title: President Date: 2119/19 Name of Contractor/Subcontractor: EBS General Engineering, Inc. Contractor/Subcontractor Identification Number: 33-0634599 Address (Street, City, State, Zip): 1320 E. Sixth St., Ste 100 Corona CA 92879 Business Racial/Ethnic/Gender Code: Circle the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnicity/gender category, circle the code which seems most appropriate. 0 White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Yes or 4 = Hispanic Americans 5 = Asian/Pacific Americans 6 = Hasidic Jews 0 FIDOCSWROPSVCSWUDFORMSIMBUSB04AMB-Secion3Spem.DCC 23A-37 EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Santa Ana DEPARTMENT OFPUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a fal se or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. EBS General Engineering, Inc. Name of Contractor 1320 E. Sixth St,. Ste 100 Corona CA 92879 Address / L ✓� President Signature and Title 2/19/19 Date F:1000STROPSVCSWUOFORMS\MBU5SD4 13-SedOOSPCmDOC 23A-38 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: EBS General Engineering, Inc. Date: 2/19/19 Address: 1320 E. Sixth St,. Ste 100 State: CA Zip Code; 92879 Telephone: 951-279-6869 Acting on behalf of the above-named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated funds have been paid, by or on behalf of the above-named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of C ongress, or an employee of a Member of Congress in co nnection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof; and 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the above-named firm shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above-named firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Signature: A. Nanci G� Title: President Date: 2/19/19 Sec onaSpem.00C 23A-39 EXMBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: Residential Street Repair Program and Alley Improvement Project Number: #18-7526,#18-7527,#18-6910 This is to certify that the principals and the authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Kathy Fairweather Payroll Officer's Name �� Payroll Officer's Signature EES General Engineering, Inc. Contractor/Sub contractor by L 1� Signature Joseph A. Nanci Printed Name President Title Date 720016 A Contractor/Subcontractor License No. 83-939-1232 DUNS Number F:I000S�ROPSVCSWUDFORMSIMBUSBU MB -Se oraSpm.COC 23A-40 �"��' ene�al eir in�enra ; ir3c. Good Faith Efforts Supporting Documentation 23A-41 WPQ 0 W W°p � � E pq m [o o � � P4 o 114o v �z '❑ mw E ° ° o eA on U G 11 i.. 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O O N -0 U m v rn C m O U) N H U) C7 w ch a �o i G O e i G j E.3 a; N E Q) @ v y E O a7 N i H O C1 Cl f CE N C fyn W N m ao 0 Lnrn N Ln X O LL O� 00 W i rl rlN N t a h� f� CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 18-7526, 18-7527 & 18-6910 RESIDENTIAL STREET REPAIR PROGRAM AND ALLEY IMPROVEMENT FYI 7/18 PROJECT This CONSTRUCTION CONTRACT is made and entered into this 21" day of May, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and EBS General Engineering, Inc. (hereinafter "CONTRACTOR"). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Residential Street Repair Program and Alley Improvement FY17/18 Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Hundred Seventy -Four Thousand Three Hundred Dollars and No Cents ($874,300.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/012017 23A-55 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, famish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A'56 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1i " �— HN FUNK Assistant City Attorney FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EBS General Engineering, Inc. NAME: TITLE: 23A-57 Page 3 of 3 City of Santa Ana Residential Street Repair Program and Alley Improvement FY 17/18 (18.7526,18.7527 8 18.6910), bldding on February Bid Results Bidder Details Vendor Name EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 United Stales Respondee JOSEPH A. NANCI Respondeo Title PRESIDENT Phone 951-279-6869 Ext. Emall BIDS@EBSGENERAL.COM Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted February 20, 2019 1:34:48 PM (Pacffic) Delivery Method Bid Responsive Bid Status Submitted Confirmation Al 167649 Ranking 0 Respondee Comment Buyer Comment Attachments File Title EBS Proposal OWNERSHIP BID BOND NON -COLLUSION Line Items Type Item Code Base Bid Proposal 1 Unclassified Excavation 2 Asphalt Concrete (AC) Pavement File Name Combined Proposal.pdf OWNERSHIP.PDF BID BOND.PDF NON-COLLUSION.PDF UCM qty CY 430 TN 40 Planet8lds, Inc. 23A-58 Unit Price $135.00 $250.00 Page 1 Printed 03/01/2019 EXHIBIT A File Type General Forms Ownership Affidavit (Notary Public) - REO Original Hard Copy Submittal In Addition Bid Bond Guaranty (Notary Public) - REO Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REO Original Hard Copy Submittal In Addition Line Total Comment $68,060.00 $10,000.00 City of Santa Ana 160 $330.00 $52,800.00 Page 2 Residential Street Repair Program and Alley Improvement FY 17(18 (18.7526,18-7527 & 18.6910), bidding on February Printed 03/012019 Bid Results 3F 2200 $9.00 EXHIBIT A Type Item Code UOM ChY Unit Price Line Total Comment 3 Aggregate Base 16 Root Shave EA 16 TN 100 $45.00 $4,600.00 4 Removal of 6" PCC at Various Locations EA 15 $500.0 $74500.00 18 Furnish and Install Water Valve Frame and Cover to Grade CY 1120 $135.00 $151,200.00 5 Construct 0" PCC Pavement with (3 -day) Cure including Dowels CY 1120 $230.00 $257,800.00 6 Crack Seal with Deere Super Gray LF 30000 $4.25 $127,500.00 7 Construct PCC Sidewalk (T=4") SF 8100 $5.00 $30,600.00 8 Construct PCC Driveway Approach SF 900 $7.00 $6,300.00 9 Construct PCC Curb Ramp SF 6000 $11.00 $66,000.00 10 Construct PCC Curb and Gutter (A-2-6) LF - 100 $35.00 $3,500.00 11 Construct PCC Curb and Gutter (B-1) LF 400 $35.00 $14,000.00 12 Construct PCC Ailey Apron (T=8") SF 400 $10.00 $4,000,00 13 Construct PCC Alley (T=8') with (3 -Day) Cure CY 160 $330.00 $52,800.00 14 Construct PCC Cross -Gutter (Local Street) 3F 2200 $9.00 $19,800.00 15 Gdnd PCC LF 300 $30.00 $9,000.00 16 Root Shave EA 16 $400.00 $6,400.00 17 Adjust Sewer Manhole Frame and Cover to Finished Grade EA 15 $500.0 $74500.00 18 Furnish and Install Water Valve Frame and Cover to Grade EA 1s $650.00 $9,750.00 PlanetBlds, Inc. 23A-59 City of Santa Ana Page 3 Resldentlal Street Repair Program and Alley Improvement FY 17118 (18-7526,18.7527 & 18-6910), bidding an February Pdnted 0310112019 Bid Results EXHIBIT A Type Item Code LI M city Unit Price Llne Total Comment 19 Furnish and Install 1/2" Thick by 16" Wide Polyfcam LF 100 $25.00 $2,500.00 20 Signing and Stdping LS 1 $21,000.00 $21,000.00 21 Project Advertising Sign EA 2 $1,200.00 $2,400.00 22 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $974,300.00 Total $874,300.00 PlanetBlds, Inc. 23A-60 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 EXHIBIT A TOTAL BASE BID $ 874,300.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L 1� Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 23A-62 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-7526,18-7527, AND 18-6910: RESIDENTIAL STREET REPRIR PROGRAM AND ALLEY IMPROVEMENT FYI 7/18 Construction Contract $ 874,300.00 Contract Administration $ 59,000.00 Inspection and Testing $ 72,144.00 Contingencies $ 87,430.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,092,874.00 EXHIBIT 4 23A-63 23A-64