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HomeMy WebLinkAboutGUERRERO BACKHOE SERVICE, INC.Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder li!I?illlllilllllllllllllllllllilllllllllllllllllllllllllllllllll NO FEE 2011000223589 3:07 pm 05/03/11 X27 ?a15 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY ., r' •? ?' ._'.. ?ti?. -- ?. NOTICE OF COMPLETION 0 U e `c m o U O pwq U t-- F- o z z w o ? ,? z ? ? o ? o ? C7 c? o w F.. ?" F v z z a ca ? z ? o s a 5/3/2011 at Santa Ana, California _ ? / __ (Signature of individual swearing that the contents of Notice of Completion are true) NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of Recycled water conversion projects under contract entered into on 12/7/2009, with Guerrero Backhoe Service Inc., on which contract Western Insurance Company is surety. The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No. 09-3215 located at: Various Locations in the City of Santa Ana. The work improvement on said property was accepted as completed on 4/22/201 1. Dated: 5/3/2011 CITY OF SANT ANA, A Mi.INICIPAL CORP RATION by o ®ic_.j-? ?????? . __ City Engineer TITLE VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION REQUEST FOR -?__ ` COUNCIL ACTION ?? ?'? ?? CITY COUNCIL MEETING DATE: DECEr?ER 7, 2 0 0 9 TITLE: CONTRACT AWARD FOR RECYCLED WATER CONSERVATION PROJECT (PROJECT NO_ 09-3215) L ".c CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED?? 3-??-p?? L? As Recommended) ?-?? ? As Amended ? Ordinance on ??' Reading (] Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1_ Award a contract to Guerrero Backhoe Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $195,240 for construction of the Recycled Water Conservation Project. 2_ Approve a Funding Analysis with a total estimated construction cost of $253,800. D I SOUS S S ON This project will convert irrigation systems from potable water to recycled water at Griset Park, Carl Thornton Park, Centennial Park, and the median islands on MacArthur Boulevard and Bear Street (Exhibit 1). The project is part of the City's water conservation efforts to reduce our dependence on imported water_ The Notice Inviting Bids was advertised on October 9 and 12, 2009, and bids were opened on November 5, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows_ Santa Ana Contractors receiving notices: 7 Contractors requesting bidding documents: 14 Bids received: 6 Bids received from Santa Ana Contractors: O Cont rac t Award Fo r Recycled Water Conservation Project December 7, 2009 Page 2 NAME OF RESPONSIVE B I DDER C I TY B I D AMOUNT 1. Guerrero Backhoe Service, Inc_ Ontario $195,240 2. Yakar San Dimas $280,760 3. Mariposa Landscape, Inc. Irwindale $305,047 4_ Atlas Allied, Inc_ Anaheim $334,875 5. Garcia Juarez Construction, Inc. Brea $339,685 6_ Belaire-West Landscape, Inc. Buena Park $410,000 A total of six bids were received and all were responsive_ The lowest bid was submitted by Guerrero Backhoe Service, Inc_ for $195,240, which is below the Engineer's estimate of $300,000_ ENV= RONMEN'rAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, ER #2009-169 has been filed. F2 SCAL 2MPACT The funding analysis shows a total estimated construction cost of $253,800 for the project (Exhibit 2) Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647-66301). APPROVED AS TO FUNDS AND ACCOUNTS .-- -- ? ?c? r Raul Godinez I Francisco Gutierrez ? Executive Director Executive Director Public Works Agency Finance ? Mgmt. Services Agency K:\COnstruction\RFCA-draft\12-7-09 RecycledWtr 09-3215 SOWD WA.docx FUNDING ANALY S I S PROJECT NO. 09-3215 RECYCLED WATER CONSERVATION PROJECT Construction Contract $195,240 Contract Administration $8,274 inspection and Testing $20 000 Contingencies $29,286 TOTAL ESTIMATED CONSTRUCTION COSTS $253,800 Exhibit 2 ? ? ? ? m E?INGER AVE CENTENNIAL PARK WARNER AVE CARL THORTON PARK SEGERSTROM BEAR STREET MEDIANS W HARBOR BLVD O CONNECTION = J ? m Z ENPARK M ? ? IA Q CONNECTK?N W Q O = MACARTHUR m m BLVD ? P ?? BEAR t TOWNER STREET CONNECTIONS VICINITY MAP EXHIBff 1 NTS s ANTA ANA Title= RECYCLED WATER ?oJ?wT?oiv R??4m?. C?It)/ COUnCII CONVERSION PROJECT ( kl ? ? ? P W A ] Agenda Date (PROJECT os-3215) I' '--` ?,??? .-DECEMBER 7, 2009 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL - RECYCLED WATER CONVERSION PROJECTS TO: CITY COUNCIL OF THE CITY OF SANTA ANA REQUIREMENT: a3 ? FROM: - R?P?11?l?OC S The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS , 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), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Ouantity Unit Price Amount 1. Mobilize, demobilize and cleanup per site EA 5 Sites 2. Construct Griset Park Recycled Water LS LS Service Conversion (Griset Park & Median) 3. Construct Thornton Park Recycled Water LS LS $ Service Conversion 4. Construct Thornton Park Potable Water LS LS $ s Service and Meters for Lake Fill - 5. Construct 1-1/2" PW Service and Meter for LS LS $ Z,L 10. Construct 4" Double Check Detector LS LS $? 11. Construct cap of existing irrigation system EA 2 $WC00 $-Z--j+ Drinking Fountain at Thornton Park 6. Construct connection to existing Lake Fill LS LS $ Facilities 7. Construct 6" RW Meter and connection to LS LS $ 7--fSG:; existing piping at Centennial Park 8. Construct Two 2" Recycled Water Service LS LS and Meters at Centennial Park 9. Construct Lake Pump Station Piping LS LS Modifications at Centennial Park Assembly at Centennial Park main through Godinez High School 12. Construct Godinez High School RW service LS LS $y OSS connection modifications , TO BE INCLUDED IN BID PACKAGE BPIOFI5 Item # Bid Item 13. Construct RW service lateral, convert meter, remove vacuum breaker and connect to existing irrigation system (Bear medians) 14. Construct 2" RW Service and Meter, remove backflow device and connect to existing inrigation system (Harbor median) I5. Construct 2" RW Service and Meter, and connect to existing irrigation system (MacarthwBear) 16. Construct 2" RW Service, convert meter, remove backflow device and connect to irrigation system (Macat7hwlTowner) 17. Construct 6" PRV Assembly l 8. Construct 4" PRV Assembly 19. Construct 3" PRV Assembly 20. Construct 2" PRV Assembly 21. Construct 1-1/2" PRV Assembly 22. Construct 2" RPPD Backflow Device 23. Construct 1-1/2" RPPD Backflow Device 24. Construct 1 " RPPD Backflow Device 25. Construct 6" Purple PVC Pipe (Cl 200) 26. Construct 3" PVC Pipe (Cl 315) 27. Construct 2" PVC Pipe (Cl 315) 28. Construct 2" Copper Pipe (Type K) 29. Construct NPW Baseball Diamond Quick Couplers 30. Remove and salvage existing 6" RPPD Backflow Device and reconnect below ground piping 3l . Remove and salvage existing 4" RPPD Backflow Device and reconnect below ground piping Unit Oasntity Unit Price Amount LS LS $yO LS LS $ y,©\S LS LS $ O\??' EA 1 $?v,lOlG? $ S,l?lo0 EA 4 $??S ,? $ ?Z,?'?Q EA 2 $ $ S,??d EA 3 $ ?}?OL7 $ S,yOQ EA 1 $? $ \ ,?j0? EA 4 $ ?,Z-???? $r?,?C? LF 200 $ Z? $y,? LF 880 $ S $?-\?yC?? LF 280 $?J $ \ ,y ?? LF 420 $ ? '"?J $ lp.??C7b EA 4 $ Z\ `y $ EA 1 $ ? . ? $ ? , ?O?(? TO BE INCLUDED IN BID PACKAGE BP2OF 15 Item # Bid Item 32. Remove and salvage existing 3" RPPD Backflow Device and reconnect below ground piping 33. Remove and salvage existing 2" RPPD Backflow Device and reconnect below ground piping 34. Remove and salvage existing 2" Automatic Vacuum Breaker and reconnect below ground piping 35. Abandon existing potable water main including drinking fountain at Thornton 36. Furnish and install recycled water signs 37. Remove existing quick coupler and replace with quick coupler for recycled water installed within a box 38. Furnish and install recycled water, non- potable and potable water tags at meters, valves, irrigation boxes and quick couplers 39. Brand and paint, or replace existing irrigation box covers 40. Furnish and install recycled water labels on existing controllers and pumping equipment 41. Furnish and install hose-bib vacuum breakers on existing hose bibs 42. Furnish and install new fountain spout on existing drinking fountains 43. Paint existing line valve covers purple for RW and blue for PW systems 44. Traffic Control, Stripping, and Pavement Markings Unit Quantity Unit Price Amount EA 2 $ UC7 $ \?ipO?7 ?- EA 1 $ ?O $ QQ LS LS $? EA 35 $ SS $ ? °lZ.rS EA 120 $ ?S $ 1"?.??C.? EA 370 $ \ ? $ 3.??? EA 150 $ \ ? $ ? .cJC'b EA 35 $ \ C> $ ?S? EA 20 $ L"'?.S $ q.C?O EA 6 $ Z? ? $ ? ,?VI EA 30 $ ?? $ ?? LS LS $ ??o,O?O Total $,?5??-?? ?? a.? ?a w?-rl FsvE, -??t?.'`l=?70 -cam ?r? oo??s TO BE INCLUDED 1N BID PACKAGE BP30F15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL 8z CONTRACT AGREEMENT BID PROPOSAL -CONTINUED TOTAL BID------------------------------------------------------------------- $1?l?J,Z?(?.`? PROJECT NO. 09-3215 Recycled Water Conversion Projects BIDDER Firm gp,???trptr?, crP?ycx?„ Address q _p, ?pX u?\y? Phone(s) C9CR )??\ ??1Z.?? Bidder Signature J ??? -cam 1.??Q??L? Cri'-r.G7. . C.?O. TO BE INCLUDED IN BID PACKAGE BP 4 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 ' PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB-CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subeontract work exceeding the following amount: - Streets, highways including bridge projects; 1 /2% of the bid or $10,000, whichever is greater - Buildings, pazks, or other projects: 1/2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME t? .? ? NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ Name of Firm Submitting Bid NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK Signature of Bidder TO BE INCLUDED IN BID PACKAGE BP 5 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL 8z CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 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) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), 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, that 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. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm Signature of Bidder Title Ei ? t? ? ??'? ?Q ? Q?r ? ('?. F. Q . (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 6 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT - CONTINi7ED (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.) K?caOTG S -sso4s?- E - S ?l ACTION OF COUNCIL: Dat????? ? 20 ?_ ATTEST: 1 "" C ERK QF COUNCIL APPROVED AS TO FORM: I Y ATT mil` Awarded on Iha ? 1orr?sat rosPoeaibb and . bidder in U1e?rYwunt of s / s?-s : ?-?/ ? T ACCEPTED FOR THE CITY OF SANTA ANA: 1 ?i ?f EXECUTNE DI CTOR PUBLIC WORK AGENCY TO BE INCLUDED IN BID PACKAGE BP 7 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 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 ai?irmative action to ensure that applicants are employed, and that employees are treated during employment without, regazd 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 regazd to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's 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 TO BE INCLUDED IN BID PACKAGE BP 8 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR -CONTINUED 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. 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 Title C?c??rr ?'?-1A?+?? c?_ O?r?C? Firm ??_ ` -`r ° •r--? ? ?PcC1??c'cnT? ° F?T? T?'?c_?_. Date ?? E}-? ??2. y , ZOOq TO BE INCLUDED IN BID PACKAGE BP 9 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed Title L?1?E.F ?PoJ?-'p??. p Firm (?_'1??° ?`?? PoPrC]?C?r'rOE S?P?1=CC ??1L . Date ?J cr3 E??S?. y , ZC9(? TO BE INCLUDED IN BID PACKAGE BP 10 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT The following aze the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similaz work within the past two yeazs. A?c.?-?.Gsnc??e_ of ?o? ?Gx ?-?-? ??P?? L?? - 1. "?`\Z?-1 ? •,-r-• ??hs?-E ??y O . ? PyJ t?E??, CP.. X00\ O Name and Address of Owner. .? -? ?. Name and Telephone Number of person familiaz with project. ? ?cj . C?k7 QO -'C?'?t? . ?pcCrG PA]_. SCas?t.VT -?cPPVE q, \ ? ? 2?T Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiaz with project. ? z?s , coo o w?:r?. _ sayer... ?-?w?aek-? z l 2c? I z? Contract Amount Type of Work Date Completed G?c'ce???T?..cia- ?Cle?.G?p?s 3. G3\ w. S? . O?CPc?T.,? ? LPG . °l??loZ Name and Address of own r. a y - Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following aze the *??+*+?es, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. c?c,.,s??c-?? ? oara`?° ? ??? ? e?s?.? ? e? Say ? . ?o?rn. ? ? s-?- LC?•ssZ-eta, c_P? . °?\?Z? ?f?ZL?? 4?-viO? ^ \C'b0 zs ?s ? . ,rte, ? ? -? o , ?? ???\ L°?c?? ?...?slo -?sacr? TO BE INCLUDED IN BID PACKAGE BP 11 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 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 _??'?//?i1.1?!/?L( l C? c.Tt?\ (?9?R??n Title LH?-r?F ??? Firm cam, ? a c ? ??c?C?'?(JTL S.- `?+?_ Date ?Ia?TC,ri° .--o ul Z[Y?3 TO BE INCLUDED IN BID PACKAGE BP 12 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC 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, orga*+i?ation, 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Subscribed and sworn to before me this y ? ?r/d?ay" of j?1 OV tc?$ E12 , 20 D? Signed ,r L/r?.CA-L _ ??!/??up ?, Notary Public Notary Seal: OE CommWlon 116??0?? No1o1y Ask -0110 -- MrOonlnt. Mbt? TO BE INCLUDED IN BID PACKAGE BP130F15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 Title CliTE?r ?1Jptijc??? [^?FTC? Firm C?'?t?CL??^ 'Po P?f? 1?Otc. ??.`ZZ? 21+?G . Date ?3n?\? M?? ?-?C , "zO8°l TO BE INCLUDED IN BID PACKAGE BP 14 OF 15 CITY OF SANTA ANA PROJECT NO. 09-3215 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate oi?icer, declares under penalty of perjury that the following is true and correct. Contractor's Name: (?g?- Q o c 2n Si??]??_ -SQL, Business Address: p_p_ ? yty?} _ C?_ ?`"'7?-lei Telephone: ? q ?? 7j°\ t - ?"Z? ? State Contractor's License No. 8z class: Q>lo?pSy3 L?iyE?.P?_r?v -c??? ? C` 1Z Expiration Date: ? ? \ Z? Signed: Title: ?? p??c?_ TO BE INCLUDED IN BID PACKAGE BP 15 OF 15 BlD BOND KNOW AL.L. BY "hHESH PRESENTS, Thal we, GUERRERO BACKHOE SERVICE. INC. of P-O- BOX 4147 ONTARIO. CA 91761 (hereinafter tailed the Principal), es Principal, and SURETEC INSURANCE COMPANY (hereinafter called the Surely), as Surety are held and Ftrmly bound unto CITY OF SANTA ANA (he:reina fter called Ute Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Stoll ars (:6 10% ) :?cr the paym enl of which the Principal and tl-te Surety bind themselves, their heirs, executors, administrators, successors ancf assigns, }ointly ?u?d severally, ll t?nly by these presents. "l?l-lE COND)`1'101?1 OF ?11-115 OBL1GA'l'1JN iS SUC1-l, `T'hat W11F.St)vAS, the Pr'melpai has submlued or is about to submit a pro}tusal to thu Ublignc: on a contra.a for RECYCLED WATER CONVERSION PROJECTS NOW, "I'HLFt£.I^0[ZE, if the said Conh"act be timely awarded to the Principal and the Principal shall, within such time as may be sped Eied, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for Use faith fttl perfonnan?e of the said Con[r¢c[, then this obligation sh¢11 be void; otherwise to remain in Full force and effect. Signed and sealed this 2ND day of NOVEMBER _2009 GUE?RRQE?R?O? BACKHOE SERVICE, INC. (Seal) ?Gw%?vV` Ir ?i/?? P r i n c i p a l Witness ' "title W luiess ct pOA #: S 10003 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Mee 6y These Prese?rts, Tha[ SURETEC INSURANCE COMPANY (the "Company"), a corporation duly 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 Philip E. Vega, Frank Morones its true and lawful Attorney-in-fact, with Rill power and authority hereby conferred in its name, pleat and stead, to execute, acknowled ?c and deliver any and all bonds, recognize races, undertakings or other instnunents or conri'acts of suretyship [o include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/ 100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until _ 10/31/l2 _ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company: Be i1 Resolved, trier the Yrestdent, 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 Attorney(s)-in-Fact to represent and act for and ott behalf of the Company subject to the Following provisions: Attnrnc-l.-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, aclmowledge and deliver, any and all bonds, recognizanccs, 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 Attumey-in-Fact shall be binding upon the Company es 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 here[ofo re or hereafter affixed ro any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undenaking to which it is attached. (Adopted of n meeting held on 2d'' oJApri /, ! 999.) fn Witrtese• {IZereoj, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal w be hereto affixed this 28th day of October, A.D. 2008. r ? .. SURETEC INS CE COMPANY r i,- "91 ??! ;? wjr','?-??" ?`''?-? B.J. Ki resident Stale of Texas ss: ?sf ??T ? .?'?' County of Harris ?._ .... ?' On this 28h day oI' October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is Presiders[ of SURETEC INSURANCE COMPANY, the company described in and which executed the about instrnment; 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 Lha[ ht signed his name thereto by like order. Michelle Denny Wwary t?t,ntle State of Texas ? ? ? P.I,lt ? ?1 ?a..n.rtz..a v, onto Michelle Denny, Notary Y tic -.My commission expires August 27, 2012 I, M. Brant Beaty, Assistant Secretary of SURETEC INSURANCF_ 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 toll force and effect, and furthermore, the resolutions of the Board of Dirnc[ors, sec out in [he Power of Auomey arc in full force and effect. Given under my hand and the seal oFsaid Company at Houston, Texas this 2nd day of NOVEMBER , 20 2009, A. D. M. Brent eery, Assis ant Secretary 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 8:00 am and 5:00 pm C3T. CALIFORNIA ALL-PURPOSE ACKNOWLEQQMENT Stale of California 1 County of Los Angeles }i On 1 1 / 2 / O 9 before me, Monica Blaisdell, Notary Dale re Insert am¢ an ,1 o to iccr personally appeared PI-iilic-t VP9a Neme(s o/ Sgner(s MONICA BLAISDELL Commission # 1794078 ? ; -s Notary Public - Catlfornla Orange County My Comm. Expires Mor 26.2012 I Place Notary Seal Atlove who proved to me on the basis of satisfactory evidence to be the person( whose name() is/Algg subscribed to the within instrument and acknowledged to me that he/?je/executed the same in his/?r/jf?p?authorized capacity(tels? and that by his/p?jprignature(,?on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under fire laws of the Stale of California chat the foregoing paragraph is true and correct. WITNESS my hand and official seal. ? Signature Slr?ature W Notary I'Wlic OPTIONAL Though the Infomtation beJOw Is not required by law, it may prove valuable to persons relying on the document and could pretreat iraudu/ent remlovat and n3atrachmeni of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name- Signer's Name: C7 Individual D Individual 17 Corporate Officer -Title(s): Q Corporate Officer - Title(s): L? Partner - p Limited (J General _ ? Partner - CJ Limited L_] General _ _ O Attomey in Fact p Attorney in Fact U Tr'UStee Top of thumb here L7 Trustee Top m thumb Hera O Guardian or Conservator O Guardian or Conservator O Other: Q Other: Signer Is Representing: _?_ Signer Is Representing: ®2007 Nellonal No?ry Aseooatlon •9359 De Solo Ave., P.O. Bo>z ?A02 •Cheteworpl, CA 913132992• Wtvw.NatlonalNOteryorg Item X5907 Aeordnr: Gall Toll-Erna 1-BD087G6Bn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Count of S ? ss. Y AT?? S F121V A?fLn l ht ? J On ? ? - ? - ? before me, DE?IS?c G U1?22nOZa , ? r7Tk?>?y) pLI?L_I C , Date Name antl The o! Officer e. ( g., "Jane Doe, No[ary Public") personally appeared ???'1-(?E?12?Z C' U02.[P?? , Name(s) of Signer(s) O personally known to me OBItlE GtE SRO Colmn?lae? s 1 M?? No?or waive - ?dfollmlb Qartpa Covrl/ MVCo?R ??/alb la. Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person whose named is/?? subscribed to the within instrument and acknowledged to me that he/?1a2/1?y executed the same in his/l?r/fir authorized capacity(i?, and that by his/t+ltgt/N?e¢ signature?yaj on the instrument the persons or the entity upon behalf of which the person(,a'? acted, executed the instrument. WITNESS my hand and official seal. ???? Signature of Notary Public OPT/ONAL Though the information be/ow is not required by law, it may prove va/uable fo persons relying on the document and cou/d prevent fraudu/ent removal and reattachment of fhis form to anofher documenf. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer -Title(s): (] Partner - O Limited D General - 0 Attorney in Fact Top of thumb here D Trustee D Guardian or Conservator O Other: Signer Is Representing: Number of Pages: Signer's Name: D Individual D Corporate Officer -Title(s): D Partner - O Limited C7 General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: • - Top of thumb here ® 2004 National Notary Association 9360 De Soto Ave.. PO. Box 2402 Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-BOO-B76-6027 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: INCREASED CONTINGENCY FOR RECYCLED WATER CONVERSION PROJECT (PROJECT NO. 093215) ?,?--.?? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: LvJ As Recommended ? As Amended ? Ordinance on 'Ise Reading ? Ordinance on 2ntl Reading (] Implementing Resolution Q Set Public Hearing For CONTINUED TO FILE NUMBER Increase the contingency for the contract with Guerrero Backhoe Service, Inc. for the Recycled Water Conversion Project by $100,000 to a total estimated contract amount of $324,526 and authorize the City Manager to execute change orders up to the contingency amount- DISCUSSION On December 7, 2009, the City Council awarded a contract for the Recycled Water Conversion Project to Guerrero Backhoe Service, Inc. in the estimated amount of $195,240 plus a contingency of $29,286 totaling $224,526. Unforeseen field conditions not shown in the contract at Centennial Park have prompted additional work to complete the Water Conversion Project. The existing water supply system at Centennial Park continuously loops throughout the entire park with connections to Godinez High School, the lake, and the soccer fields. Water is provided for daily use in the school and the park, as well as irrigation water for the landscaped areas. To convert the irrigation system from potable water to recycled water, the existing water pipes and apparatus will need to be disconnected and regrouped into two separate systems: potable water for domestic use and recycled water for landscaping. After construction started, it was discovered that the underground piping system was significantly different from what was shown on the plans, which were prepared based on old as- built records. To rectify the situation, exploratory excavations have been performed at several connection points to determine the actual layout of pipes, and plans have been revised based on the result of the investigation. The revisions require additional pipes and equipment to provide separate domestic water and recycled water for each area, and to provide temporary water to the school and the park until the conversion is completed. APPROVED NOV 1 5 2050 2? Increased Contingency for Recycled Water Conversion Project November 15, 2010 Page 2 About $70,000 in additional work has been identified and negotiated. However, staff recommends the contingency be increased by $100,000 due to the unforeseen conditions that are normally associated with installation of underground utilities. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT The contingency increase is estimated at $100,000_ Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647-66301). Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS : Finance & Management Services Agency RG/DI °_-°•. CITY OF SANTA ANA a ?_ r PUBLIC WORKS AGENCY ? *r,?. t i CONTRACT CHANGE ORDER ?. Project Number 09-3215 -RECYCLED WATER CONSERVATION Change Order Number 1 PROJECT To Guerrero Backhoe Service Inc. Contractor You are hereby directed to make the herein changes Trom the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY 1 . EXTRA WORK AT AGREED PRICE Modify Centennial Park irrigation per City of Santa Ana email dated September 9, 20'I O and revised drawings D-1 and D-4. AGREED PRICE _ $70,000.00 The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE $ 70 000.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Add 1 00 Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices own above. Arne ted at/pA\\, 1 Z` t? Contractor Guerrero Backhoe Service Inc. RY ??( Y???/??/???, IJ?lTitlen ? ?Z t?Tl?t ?C'? _ Le?.G. Approval recommended by Approved by PUBLIC CITY MANAGER DIRECTOR Date Date '? J ?? Page ? of 2