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Home My WebLink About20C - AA FY 2019-30 CIP FLOWER STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO EBS GENERAL ENGINEERING, INC., IN THE AMOUNT OF $2,546,154, FOR THE GAS TAX LOCAL STREET IMPROVEMENT FY 19/20 AND FLOWER STREET SEWER MANHOLE IMPROVEMENTS PROJECTS, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $3,226,287 (PROJECT NOS. 20-6956 & 20-6437) {STRATEGIC PLAN NOS. 6, 113; C; AND G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve an Appropriation Adjustment recognizing $2,092,796 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. Approve an Appropriation Adjustment recognizing $1,133,491 from prior year fund balance in the Sanitary Sewer Capital Fund, and appropriating the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account. 3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $2,092,796 in construction funds for the Gas Tax Local Street Improvements Fiscal Year 2019- 20 Project. 4. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $1,133,491 in construction funds for the Flower Street Sewer Manhole Improvements Project. 5. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the Base Bid and Additive Alternate 1 in the amount of $2,546,154, for construction of the Local Street Improvement FY 2019-20 and Flower Street Sewer Manhole 20C-1 Award Contract EBS General Engineering, Inc., for the Local Street Improvement FY 19/20 and Flower Street Sewer Manhole Improvements Projects January 21, 2020 Page 2 Improvements projects, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,226,287, which includes $2,546,154 for the construction contract; $381,922 for contract administration, inspection, and testing; and a $298,211 project contingency (approximately 11.7% of the construction contract amount). DISCUSSION The City's Pavement Management System has identified 19th Street from Flower to Broadway, a local concrete street, and Santa Fe Street south of Chestnut Avenue, a heavily used asphalt street in an industrial area as high priority streets in need of rehabilitation (Exhibit 1). In addition, Public Works Water Resources staff has identified the need to replace the existing sewer manholes on Flower Street from 19th Street to Memory Lane. Manhole replacements will be performed with any underground work, which includes upsizing a portion of the sewer main, reconstructing the manhole chambers, and installing appurtenances related to sewer main repairs. Once the manholes and related work is completed, the street improvements will begin. The street improvement preparatory consists of localized concrete or asphalt pavement repairs; replacing damaged concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps; and sealing cracks. This preparatory work is followed by either asphalt concrete pavement reconstruction or concrete panel replacements Once completed, the street improvements will enhance ride quality and surface drainage. The sewer manhole repairs will reduce potential sewer overflows, reduce maintenance, and improve sewer flow conveyance. Staff is requesting appropriation adjustments to authorize the expenditure of $3,226,287 to complete these projects (Recommended Action Nos.1, 2 & 3). The Fiscal Year 2019-20 Capital Improvement Program will be amended to include these improvement projects totaling $3,226,287 (Exhibit 2). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on December 13 and 18, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on January 3, 2020. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. Additionally, a total of 968 vendors, including 52 located in the City of Santa Ana, were notified of the project via PlanetBids. 32 vendors requested bidding documents and 6 bids were received. No bids were received from Santa Ana contractors. 20Ci-2 Award Contract EBS General Engineering, Inc., for the Local Street Improvement FY 19/20 and Flower Street Sewer Manhole Improvements Projects January 21, 2020 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BID* 1 EBS General Engineering, Inc. Corona $2,546,154 2 R.J. Noble Company, Inc. Orange $2,584,378 3 All American Asphalt Corona $2,624,670 4 Vido Samarzich, Inc. Rancho Cucamonga $2,767,961 5 Excel Paving Co Long Beach $2,886,081 6 Hardy & Harper, Inc. Lake Forest $3,590,000 * The Bid Documents specified the lowest bid would be determined by including the amount for Bid Alternate 1 All 6 bids were responsive and EBS General Engineering Inc., submitted the lowest responsive bid (Exhibit 3), in the amount of $2,546,154. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 4) to EBS General Engineering Inc., in the amount bid. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,226,287. Construction Contract 1 $2,546,154 Construction Administration, Inspection, and Testing $381,922 Contingencies $298,211 ESTIMATED CONSTRUCTION DELIVERY COST $3,226,287 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.). 20C-3 Award Contract EBS General Engineering, Inc., for the Local Street Improvement FY 19/20 and Flower Street Sewer Manhole Improvements Projects January 21, 2020 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-114 and ER- 2020-002 were filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of the project is $3,226,287, which includes the construction contract, contract administration, inspection, testing, and project contingency. The requested appropriation adjustments will provide the necessary funding as follows: 1) Recognize and appropriate $2,092,796 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward account (No. 02917002-50001) and facilitate an interfund budgetary expenditure transfer from the Special Gas Tax Fund Interfund Transfer account (No. 02917019-68000-59) to the Select Street Construction Interfund Transfer account (No. 05917002-59000-29) and appropriate the same amount to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account (No. 05917663- 66220). 2) Recognize $1,133,491 from prior year fund balance in the Sanitary Sewer Capital Fund, Prior Year Carry Forward account (No. 05417002-50001) and appropriate the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account (No. 05417647-66220). The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Fund Accounting Unit, Account Amount Unit -Account # Description Description APPROPRIATION ADJUSTMENTS FY 2019-20 05917663-66220 Select Street HUTA 2103 Gas Tax, Jan. -June (Prof. 20-6956) Construction Improvements Other Than $2,092,796 Building FY 2019-20 05417647-66220 Sanitary Sewer Capital Recovery Charges, July -June (Proj.20-6437) Capital Improvements Other Than $1,133,491 Building Total: $3,226,287 All funds are scheduled for expenditure in Fiscal Year 2019-20. 20C-4 Award Contract EBS General Engineering, Inc., for the Local Street Improvement FY 19/20 and Flower Street Sewer Manhole Improvements Projects January 21, 2020 Page 5 APPROVED AS TO FUNDS & ACCOUNTS: Nabil Saba, PE Kathryn Downs, CPA Acting Executive Director Executive Director Public Works Agency Finance and Management Services Agency NS/TC/MO Exhibits: 1. Location Map 2. Amended FY 2019-20 CIP Project Sheets 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 20C-5 EXHIBIT 1 20C-6 Gas Tax Local Street Improvements FY 19120 Street Improvements - Local Street Resurfacing EXHIBIT 2 CITY OF SANTA ANA FY 19120 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET IOJECT DESCRIPTION: is project entails the rehabilitation of existing )dwaypavement. The project will include the removal J replacement of existing streets. Various dacement pavement strategies will be investigated to tennine the most cost effective and maintainable atment. Minor concrete repair to severely damaged missing curbs, gutters, sidewalks, and wheelchair nos will also be included. PROJECT NEED: The local street network has 316 miles citywide. In 2007 the City embarked on an extensive citywide improvement plan to rehabilitate and slurry seal the majority of the network. By the end of 2015, the City has completed rehabilitating all asphalt residential streets and currently working toward improving all residential and industrial concrete streets. PROJECT COSTS FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 FY 2526 C0'5V( Oo0 $2,092797 TOTAL $2, 092,797 SOURCE OF FUNDS FY 19/20 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 FY25M GAS TAX $2,092797 TOTAL $2, 092,797 AGENCY DIVISION: CONTACT: DATE: Public Works Agency Design Engineering Sean Thomas, Senior Civil Engineer 12-Jan-2020 -1- 20C-7 Flower Street Sewer Manhole Improvements U61dy/Drainage/Lighting Impmvements - Sewer Improvements CITY OF SANTA ANA FY 19120 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET =CT DESCRIPTION: eject will replace existing deteriorated sewer and related sewer assets, such as, manhols. PROJECT NEED: This project is required to maintain effective operation of the City's sanitary sewer system. These improvements will eliminate the undersized sewer mains, reduce sewer maintenance, and prevent sewer PROJECT COSTS FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 FY 2526 Gons�mc�lon $1,133491 TOTAL 81, 133.491 SOURCE OF FUNDS FY 19P29 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 FY2525 SEWER $1.133491 TOTAL $1,133,491 AGENCY DIVISION: CONTACT: DATE: Public Works Agency Water Resources Armando Fernandez, Senior Civil Engineer 12-Jan-2020 -1- 20C-V City of Santa Ana Page 1 Gas Tax Local Street Improvements FY 19/20 & Flower Street Sewer Manhole Improvements (Project Nos. 20-6956 & 20- Printed 01/06/2020 EXHIBIT 3 Bid Results Bidder Details Vendor Name EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 United States Respondee THOMAS NANCI Respondee Title PRESIDENT Phone 951-279-6869 Ext. Email BIDS@EBSGENERAL.COM Vendor Type CADIR License # 720016 CA DIR Bid Detail Bid Format Electronic Submitted January 3, 2020 1:38:07 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 198771 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type PROPOSAL EBS Proposal.pdf General Forms OWNERSHIP OWNERSHIP.pdf Ownership Affidavit (Notary Public) - RED Original Hard Copy Submittal in Addition BID BOND BID BOND.pdf Bid Bond Guaranty (Notary Public) - RED Original Hard Copy Submittal in Addition NON -COLLUSION NON-COLLUSION.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM city Unit Price Line Total Comment Base Bid Items 1 Asphalt Rubber Hot -Mix (ARHM) TN 1380 $109.00 $150,420.00 2 Crushed Miscellaneous Base (CMB) TN 290 $129.00 $37,410.00 3 Coldmill (2") SF 38530 $0.70 $26,971.00 20C-9 City of Santa Ana Page 2 Gas Tax Local Street Improvements FY 19/20 & Flower Street Sewer Manhole Improvements (Project Nos. 20-6956 & 20- Printed 01/06/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Coldmill (3") SF 13230 $0.90 $11,907.00 5 Removal of 6" PCC at Various Locations CY 1680 $138.00 $231,840.00 6 Construct 6" PCC with (3-day) Cure including Dowels CY 1680 $408.00 $685,440.00 7 Crack Seal with Deere Super Gray' LF 15750 $3.10 $48,825.00 8 Construct PCC V-Gutter Longitudinal (T=8") LF 4730 $37.00 $175,010.00 9 Construct PCC Sidewalk (T=4") SF 810 $10.50 $8,505.00 10 Construct PCC Driveway Approach (T-6") SF 1210 $14.00 $16,940.00 11 Construct PCC Curb Ramp SF 7880 $16.20 $127,656.00 12 Construct PCC Curb & Gutter (Type A-2-6) LF 710 $53.00 $37,630.00 13 Construct Cross -Gutter SF 3890 $19.00 $73,910.00 14 PCC Grinding LF 50 $95.00 $4,750.00 15 Root Shave EA 5 $900.00 $4,500.00 16 Adjust Manhole Frame and Cover to Finished Grade EA 23 $995.00 $22,885.00 17 Furnish and Install New Water Valve Frame and Cover to Grade EA 38 $875.00 $33,250.00 18 Construct New PCC Sewer Manhole EA 3 $19,242.00 $57,726.00 19 Construct New PCC Drop Sewer Manhole with two drop connections EA 1 $40,127.00 $40,127.00 20CA 0 City of Santa Ana Page 3 Gas Tax Local Street Improvements FY 19/20 & Flower Street Sewer Manhole Improvements (Project Nos. 20-6956 & 20- Printed 01/06/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 20 Remove Existing Manhole Structure EA 3 $3,292.00 $9,876.00 21 Bypass Pump Existing Sewer Flow LS 1 $19,227.00 $19,227.00 22 Remove Existing Sewer Main and Construct 8" PVC, Sewer Main SDR-26 LF 130 $453.00 $58,890.00 23 Remove Existing Sewer Main and Construct 15" VCP Sewer Main LF 16 $1,190.00 $19,040.00 24 Signing and Striping LS 1 $17,270.00 $17,270.00 25 Project Advertisement Sign EA 2 $1,886.00 $3,772.00 26 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 27 Traffic Control LS 1 $58,900.00 $58,900.00 28 Changeable Message Signs (CMS)` EA 4 $2,480.00 $9,920.00 29 Adjust Pull Box to Grade' EA 1 $2,230.00 $2,230.00 30 Abandon Existing Sewer Manhole Structure per City Std. Plan 1209 EA 1 $10,977.00 $10,977.00 31 Remove Existing Gate Valve Structure and Construct new Gate Valve Riser, Valve Box Fame and Cover Per City Ste. Plan 1410 EA 3 $6,590.00 $19,770.00 Subtotal $2,035,574.00 Add Alternative Bid One 32 Unclassified Excavation CY 3240 $66.00 $213,840.00 33 AC Pavement TN 4010 $74.00 $296,740.00 Subtotal $510,580.00 Add Alternative Bid Two (Replaces Add Alternate One) 34 Unclassified Excavation CY 970 $66.00 $64,020.00 I20Cs; 111 City of Santa Ana Gas Tax Local Street Improvements FY 19/20 & Flower Street Sewer Manhole Improvements (Project Nos. 20-6956 & 20- Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 35 AC Pavement TN 2510 $84.00 $210,840.00 36 Full Depth Reclamation with Foamed Asphalt including 3 % asphalt binder and 1.5% cement SF 88500 $2.45 $216,825.00 Page 4 Printed 01/06/2020 37 Remove 5.5" Pulverized Material CY 1550 $84.00 $130,200.00 Subtotal $621,885.00 Notes per P-3 of Specifications 38 The lowest responsible bidder shall be selected based on the law Total base bid + Add Alternate I. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). ea 0 0 0 39 ' = 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. ea 0 0 0 40 t - This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $3,168,039.00 ,20Q; 12 CITY OF SANTA ANA PROJECT 2089% GASTAX LOCAL STREET IMPROVEMETNS FV 192O PROJECT 206437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS PROPOSAL ADDENDUM ONE PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS BID 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 Asphalt Rubber Hot -Mix (ARHM) 1,380 TN $ $ 109 150,420 2 Crushed Miscellaneous Base (CMB) 290 TN $ $ 129 37,410 3 Coldmill (2") 38,530 SF $ $ 0.70 26,971 4 Coldmill (K) 13,230 SF $ $ 0.90 11,907 5 Removal of 6" PCC at Various 1,680 CY $ $ Locations 138 231,840 6 Construct 6" PCC with (3-day) Cure 1,680 CY $ $ including Dowels 408 685,440 7 Crack Seal with Deere Super Gray* 15,750 LF $ $ 3.10 48,82 8 Construct PCC V-Gutter 4,730 LF $ 37 $ 175,010 Longitudinal (T=8") 9 Construct PCC Sidewalk (T=4") 810 SF $ $ 10.50 8505 10 Construct PCC Driveway Approach 1,210 SF $ $ (T=6") 14 16,940 11 Construct PCC Curb Ramp 7,880 SF $ $ 16.20 127,656 12 Construct PCC Curb & Gutter (Type 710 LF $ $ A-2-6) 53 37,630 13 Construct Cross -Gutter 3,890 SF $ $ 19 73,910 494; CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 PROJECT20895 GASTAR LOCAL STREET IMPROVEMETNS FV 1900 PROJECT206 7 FLOWER STREETSEWER MANHOLE IMPROVEMENTS ADDENDUM ONE GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS Item Description Qty Unit Unit Price Amount 14 PCC Grinding 50 LF $ $ 95 4750 15 Root Shave 5 EA $ $ 900 4500 16 Adjust Manhole Frame and Cover to 23 EA $ $ Finished Grade 995 22,885 17 Furnish and Install New Water 38 EA $ $ Valve Frame and Cover to Grade 875 33,250 18 Construct New PCC Sewer Manhole 3 EA $ $ 19,242 57,726 19 Construct New PCC Drop Sewer 1 EA $ $ Manhole with two drop connections 40,127 40,127 20 Remove Existing Manhole Structure 3 EA $ $ 3292 9876 21 Bypass Pump Existing Sewer Flow 1 LS $ $ 19,227 19,227 22 Remove Existing Sewer Main and 130 LF $ $ Construct 8" PVC, Sewer Main 453 58,890 SDR-26 23 Remove Existing Sewer Main and 16 LF $ $ Construct 15" VCP Sewer Main 1190 19,040 24 Signing and Striping 1 LS $ $ 17,270 17,270 25 Project Advertisement Sign 2 EA $ $ 1886 3772 26 Labor Agreement Oversight 1 LS $10,000 $10,000 27 Traffic Control 1 LS $ $ 58,900 58,900 28 Changeable Message Signs (CMS)* 4 EA $ $ 2480 9920 29 Adjust Pull Box to Grade* 1 EA $ $ 2230 2230 30 Abandon Existing Sewer Manhole 1 EA $ $ Structure Per City STD Plan 1209 10,997 10,997 31 Remove Existing Gate Valve Vault 3 EA $ $ Structure and Construct New Gate 6590 19,770 Valve Riser, Valve Box Frame and Cover Per City STD. Plan 1410 CITY OF SANTA ANA T� T� p TOPOSAL PROJECT2069% GASTAX LOCAL STREET IMPROVEMETNS FY 19M PRPROJECT 2OM37 FLOWER STREET SEWER MANH OLE IMPROVEMENTS PROJECT NO.: 20-6956 ADDENDUM ONE GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS TOTAL BASE BID $ 2,035,574.00 ADD ALTERNATE I 32 Unclassified Excavation 3,240 CY $ 66 $ 213,840 33 AC Pavement 4,010 TN $ 74 $ 296,740 TOTAL ADD ALTERNATE I BID $ 510,580.00 ADD ALTERNATE II (REPLACES ADD ALTERNATE I) 34 Unclassified Excavation 970 CY $ 66 $ 64,020 35 AC Pavement 2,510 TN $ 84 $ 210,840 36 Full Depth Reclamation with Foamed Asphalt including 3% asphalt binder and 1.5% cement 88,500 SF $ 2.45 $ 216,825 37 Remove 5.5" Pulverized Material 1,550 CY $ 84 $ 130,200 TOTAL ADD ALTERNATE II BID $ 621,885 TOTAL BASE BID + ADD ALTERNATE I BID 1 $ 2,546,154.00 The lowest responsible bidder shall be selected based on the low Total base bid + Add Alternate L 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 494§ 14I M11W.YVY IIwr_l PROJECT20895 GASTAX LOCAL STREET IMPROVEMETNS FY 192D PROPOSAL PROJECT20037 FLOWER STREET SEVHR MANHOLE IMPROVEMENTS PROJECT NO.: 20-6956 ADDENDUM ONE GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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 number 100 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 $3,730 per calendar day. Name of Finn EBS General En¢ineerin¢, Inc. Signature of BIDDER Title Thomas Nanci, 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.) gQ940 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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 correct. Name of Finn EBS General En Signature of BIDDER Inc. Title Thomas Nanci, 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.) 4947 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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: 1345 Quarry Street, Ste 101 Corona CA 92879 Business E-Mail Address: bids Pebsgeneral.com Telephone: State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/20 State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/20 Signed: Title: Thomas Nanci, President 494P CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS UADIAKU01►[fXTAX0DKOM1D»loci!=1621171ML41UK0N1►1MVILI11051OL411 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 Title Thomas Nanci, President (if an individual, so state) MAP CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANfA ANA ) Thomas Nanci , being duly sworn, deposes and says: []INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. 61ORPORATION That he is of EBS General Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as ajoint venture. and the he/she has been and is duly vested with the authority to execute instruments for an on behalfof the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contr t or mself or any other person. Signature of gidder Thomas Nanci, President Subscribed and sworn /Jl'? t^o/bee3I fore me this 0 day of nOC— 20 i (bo l FL' Y, Signature of officer Administering Oath (Notary Public) ,,.-•`_.',,, WILLIAM E. ELLIS Notary Public - California _9 Riverside County Commission N 2306766 "'• My Comm. Expires Oct 23, 2023 �O P�0 BOND# 3-B PREMIUM: NIL CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 1,1101.10121 KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC. as BIDDER, and SURETEC INSURANCE COMPANY as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 23RD day of DECEMBER ,2019. BIDDER* EBS GENERAL ENGINEERING, INC., 1345 QUARRY ST., #101 BY SURETY* Subscribed and sworn to before me , 20_. Signature: Notary Public in and for the County of State of 79 SAN DIEGO. CA 92108 this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. #201 ANAHEIM, CA 92807 (714) 921-0530 P-8 of P-17 20C-21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 ... _. .4.Y nlw-..4YA;:w.•..4': A`�A.Y:4•..Y-: w.. ti'.1..4 1. l.n�.4:�614�n...n. .�....�t �. �. �.....�..n.. n..ti .. ... .. ._.� .. .. .. n..n A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE ) On (?-r-Q before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer personally appeared THOMAS E. NANCI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WILL" E. ELLIS Notary Public - California < Riverside County = Commission C 2306766 My Comm. Expires Oct 23. 2023 Place Notary Seal Above Description of Attached Document Title or Type of Document: Number of Pages: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ccoffiicial seal. Signature�i, [7 f_Z4�: Signature of Notary Public Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): ❑ Partner - o Limited In General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner - o Limited ❑ General ❑ Individual ❑ Attorney in Fact zi Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .:i•:t<�:rfc.:n.!XX.4Ta..:.�w`A.Yniw.i2: ti'4s'.4rw.•: iwXxSw.�w.r4r.4^�i�rwX:a�:.c.fw cRS,a.C:aYw.`:...'C,4rc:Y.-"aYa::w.i,t•:w.ti,t'r..•.:, ® 2014 National Notary Association ' w .NationalNotary.ora ` 1-800-USNOTARY (1-800-876-6827) Item #5907 C-16 20C-22 JURAT FORM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COi.1NTYOF Orange ) Subscribed and sworn to (or affirmed) before me on this 23rd day of December , 2019 by Spencer Flake proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ERIN SHEZ;;O _ COMM, N-CALIFa NOTAav aUBUC �CALIFORNIAr ARY SEAL) y ORANGE COUNTY NOTARY PUBLIC SIGNATURE, Erin Sherwood I N"CGVM EXPIRES JUlY 08.2023 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. 20C-23 eoA it: 510123 SureTec Insurance Company LUMTED POWER OF ATTORNEY Know AR Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation drily organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the time of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, mwgnizmces, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this lath day of September, A.D. 2018 . SURETEC CE PANY U3\-11 RANQBy: John Jr., CState of Texas ss:County of Hams On this 28th day of September , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. E[-�: idetan•' ub:ic. Mite Zmm. E Naiary Xe ' — - Z, 6 eJ avez, Notary Public Jcommission expires September I , 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 23RD day of DE MBER N. 201 A.D . Br t eaty, Assistant Secrete _ Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 8:00 pm CST. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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: o Streets, highways including bridge projects: 'h% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% 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 Mike Prlich & Sons, Inc. License #/Exp. 760474 DIR Reg. #/Exp. 1000006538 Location Baldwin Park Phone 626-813-1700 Type Of Work Sewer Amount $ 204,840 Name Pavement Rehab Company License #/Exp. 1051374 DIR Reg. #/Exp. 1000064823 License # Location Costa Mesa Phone 714-238-1444 Type Of Work Crack Seal Amount $ 43,312.50 Name Pavement Recycling Systems, Inc License #/Exp. 569352 DIR Reg. #/Exp. 1000003363 License # Location Turupa Valley Phone 951-682-1091 Type Of Work Cold Mill Amount $ 338,791 Signature of Bidder Name Superior Pavement Markines License #/Exp. 776306 DIR Reg. #/Exp. 1000001476 Location Cypress Phone 714-995-9100 Type Of Work Sign & Stripe Amount $ 14,221.90 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ 4q bf,9§ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS REFERENCES 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 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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. 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. See info on P-10 Q1`df 7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19120 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that rrlakjpg a f Ise certification may subject the certifier to criminal prosecution. Signed `�� (1� Thomas Nanci, President State of California County of Subscribed and sworn to (or affirmed) before me on this ' day of C . 20_4, 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 WILLIAM E. ELLIS Notary Public - California Riverside County € Commission q 230ri766 My Comm. Expires Oct 23, 2023 �d-f Pz'6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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. 93`df A9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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 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: -- �_ 0 "Iu_ ►. ' M Firm: EBS General Engineering, Inc. Date: ?4419f-A9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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: 1. 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: Title: Thomas Nanci, President Firm: EBS General Engineering, Inc. Date: M-Al CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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: C -_o Title: Thomas Nanci. President Firm: ERS General Engineering, Inc_ Date: 1?11nn4 M-A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6956 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 PROJECT 20-6437 FLOWER STREET SEWER MANHOLE IMPROVEMENTS 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 J If the answer is yes, explain the circumstances in the following space. ?Kf-A 3 YEAR REFERENCES — PUBLIC WORKS 1. Proiect Name 2017/2018 Arterial and Minor Streets Maintenance City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $2,376,001 7/2018 — 4/2019 Type of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 2. Proiect Name Westminster Ave from Harbor Blvd. to Clinton St. & Clinton St. to Fairview St. Improvements Owner City of Santa Ana Principal Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Dates $1,399,000 6/2018 — on -going Street Maintenance: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 3. Proiect Name FY 2016/17 Annual Sidewalk Repair Owner City of Rancho Palos Verdes Principal Contact Phone James Flannigan, Asst Eng (310) 544-5295 Price of Contract Dates $183,548 8/2017—10/2017 Tvoe of Work Sidewalk Repairs, Grind SW Joints 4. Proiect Name FY 2016/17 Annual Concrete Replacement City of Orange Principal Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Dates $289,400 6/2017 — 9/2017 Tvoe of Work Minor PCC— Curb & Gutter, Driveways, Cross Gutter, Sidewalk, Ramps 20C-34 3 YEAR REFERENCES — PUBLIC WORKS S. Proiect Name Palos Verdes Southbound Right Turn Lane at PCH Owner City of Redondo Beach Principal Contact Phone Didar Khander, P.E. (310) 318-0661 x 2456 Price of Contract Dates $219,570 10/2017 — 7/2018 Construction of Right -Turn Lane: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 6. Proiect Name Citywide Pothole Repairs Owner City of Compton Principal Contact Phone John Strickland, Project Manager 310-761-1422 Price of Contract Dates $640,000 9/2018—12/2017 Type of Work Pothole Preparation, Asphalt Installation 20C-35 EXHIBIT 4 PROJECT 20-6956 & 20-6437 GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 AND FLOWER STREET SEWER MANHOLE IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 21' day of January, 2020 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"). WH'NESSETH: 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 Gas Tax Local Street Improvements FY 19/20 and Flower Street Sewer Manhole Improvements 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 Two Million Five Hundred Forty -Six Thousand One Hundred Fifty -Four Dollars and No Cents ($2,546,154.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." 20C-36 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. 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, furnish 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. 8. 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, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20C-37 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Cit: 51 RECOMMENDED FOR APPROVAL: NABIL SABA, PE Acting Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EBS General Engineering Inc. NAME: homas Nanci TITLE: President 20C-38 Page 3 of 3 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 20-6956 & 20-6437: GAS TAX LOCAL STREET IMPROVEMENTS FY 19/20 AND FLOWER STREET SEWER MANHOLE IMPROVEMENTS Construction Contract $ 2,546,154.00 Contract Administration $ 165,936.00 Inspection and Testing $ 215,986.00 Contingencies $ 298,211.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,226,287.00 20C-39