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HomeMy WebLinkAbout23B - CONTRACT AWARD CONCRETE REPAIRREQUEST FOR COUNCIL ACTION 103111"*l1lL`[631451=1 =111 III I � "OT111 114 FEBRUARY 5, 2019 TITLE: AWARD CONTRACT TO EBS GENERAL ENGINEERING, INC., FOR OMNIBUS CONCRETE REPAIR (PROJECT NO. 18-6864) (STRATEGIC PLAN NOS. 6, 1B & 1G) -:071- N UL- L/_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $141,240, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Omnibus Concrete Repair Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $165,490, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $14,125. DISCUSSION The Omnibus Concrete Repair Project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair ramps, driveways approaches, and other concrete pavement at various locations throughout the city (Exhibit 1 -Map). The work will be performed on an as -needed basis. To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 26 qualified local vendors were notified of the opportunity to bid on this project. A Notice Inviting Bids was advertised on October 15 and 17, 2018. The following is a summary of the bid invitations made and the bids received: 2313-1 Award Contract to EBS General Engineering, Inc. for Omnibus Concrete Repair Project February 5, 2019 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 26 Contractors requesting bidding documents 24 Bids received 9 Bids received from Santa Ana contractors 1 Bids were opened on November 6, 2018, and the table below is a summary of the results. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EBS General Engineering, Inc. Corona $141,240 2 SDC Engineering, Inc. Long Beach $154,233 3 Newbuilld Construction and Restoration, Inc. Orange $155,090 4 Golden State Constructors Placentia $159,560 5 Icpaving & Sealing Inc. San Marcos $165,930 6 Leonida Builders, Inc. Santa Clarita $167,990 7 Hardy & Harper, Inc. Santa Ana $170,230 8 Gentry General Engineering Inc. Rancho Cucamonga $205,020 9 Ruiz Concrete and Paving Inc. Long Beach $250,650 A total of nine bids were received and all bids were deemed responsive. EBS General Engineering, Inc., submitted the lowest responsive bid in the amount of $141,240 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount of $141,240 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), 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.). 23B-2 Award Contract to EBS General Engineering, Inc. for Omnibus Concrete Repair Project February 5, 2019 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2018-138 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $165,490, which includes construction contract, administration, inspection, testing, surveying, and an authorized contingency of $14,125. Funding in the amount of $25,190 is available in the Select Street Construction Gas Tax Fund (Account No.05917663-66220) and $140,300 is available in the Measure M2 Local Fairshare Fund (Account No. 03217662-66220) for expenditure in Fiscal Year 2018-19. Fuad S. S Executive Public We 9 PE, PLS Agency FSS/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: lla4v�- ZF-V� Kat ryn Downs, CPA (# 3y Executive Director �1 Finance and Management Services Agency 23B-3 23B-4 CITY OF SANTA ANA PROPOSAL Exhibit 2 PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT INSTRUCTIONS TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents. The intent of this project is to make citywide concrete repairs. The repairs have already been identified and listed in Appendix G. PROPOSAL The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: 1. Bid Proposal 2. Bidder's Statement 3. Contractor's Licensing and Registration Statement 4. Prevailing Wage Compliance and Monitoring Statement S. Ownership Affidavit 6. Bid Bond 7. List of Sub -Contractors 8. References 9. Additional References 10. Non-CollusionAffidavit 11. Non -Discrimination Certificate 12. Statement Regarding Apprenticeship Requirements 13. Statement Regarding `Anti -Kickback" Requirements 14. Public Contract Code Section 10162 Questionnaire The Proposal may be considered non-responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids. It is the BIDDER'S responsibility to ensure submittal of their Proposal on PlanetBids. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 171.4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT DISCREPANCIES AND MISUNDERSTANDINGS No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals. REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be submitted online through PlanetBids and received at least five (5) days prior to the bid opening date. Answers to questions will be posted online for all interested bidders to review. Bidders who have downloaded bid documents by the time that the questions are responded to will receive an automated email notifying them of additional information and/or addendums that have been posted to the website. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by an Addendum. ADDENDA All addenda issued during open bid advertisement periods will be posted on PlanetBids and shall become part of the Contract Documents. Before submitting a Proposal, each BIDDER is responsible to be aware of addenda issued via PlanetBids. WITHDRAWAL OF PROPOSAL A Proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY'S Public Works Agency Executive Director prior to the bid -opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee which shall remain in effect for 60 days after opening bids. The withdrawal of the bid proposal will not prejudice the right of the BIDDER to submit a new bid proposal, providing there is time to do so, or to submit a new bid proposal if the is a rebidding of the same project. BID PROTEST Any bid protest must be submitted in writing to Executive Director of Public Works Agency, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following bid opening. Bid protests sent via mail or overnight carrier must be received by the AGENCY by 5:00 pm of the 5th business day following bid opening in order to be deemed timely. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the Contract Document which forms the basis for the protest. c. The protest shall include the name, address, and telephone number of the person representing the protesting party. CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other BIDDERS or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. If staff is aware a protest has been filed prior to the opening of bids, the AGENCY shall announce at bid opening who such parties shall be. e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee by the 10th business day from receipt of protest. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of proposed low BIDDER is arbitrary and capricious, or unsupported by substantial evidence in the record. f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at or prior to the public hearing. g. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. h. The procedure and time limits set forth in this paragraph are mandatory and are the BIDDER's sole and exclusive remedy in the event of Bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. BID PROPOSAL The definitions for Bid Items that are identified in the Bid Proposal form are provided in Appendix A. The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly. In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected. If a Bid contains discrepancies that make it difficult or impossible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected. CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The time for completion of this project, and the liquidated damages amount when/if the time for completion is exceeded, is included in the Bid Proposal Section of these Contract Documents. BIDDERS STATEMENT In accordance with Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to the public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any bid not containing this information or a bid containing information, which is subsequently false, shall be considered non-responsive and shall be rejected by the public agency. Format for these statements are included in the Bid Proposal section of these Contract Documents. In accordance with the Section 3300 of the California Public Contract Code, the Agency has determined that the BIDDER shall possess a license in the classification specified in the Notice Inviting Bids. OWNERSHIP AFFIDAVIT An Ownership Affidavit is required to be completed and submitted with the Bid Proposal. A form is provided in the Bid Proposal section of these Contract Documents. PROPOSAL GUARANTY Each bid shall be accompanied by a Proposal Guaranty as instructed in the Notice Inviting Bids AND PlanetBids. A sample Bid Bond is included in the Bid Proposal Section of these Contract Documents. LIST OF SUB -CONTRACTORS The State of California Public Contract Code requires listing of all subcontractors who intend to perform work which is %2 % of the bid or $10,000 (streets, highways and bridge projects), whichever is greater, or %2 % of the bid (buildings, parks, or other projects). A form for this information is provided in the Bid Proposal section of these Contract Documents. REFERENCES/ADDITIONAL REFERENCES BIDDER shall include a list of three public agencies for which BIDDER has performed similar work within past three (3) years, and three public agencies for which BIDDER and/or his Subcontractor has performed similar work within the past five (5) years. A form for this information is provided in the Bid Proposal section of these Contract Documents. NON -COLLUSION AFFIDAVIT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the AGENCY shall require all bidders to execute and submit a non -collusion affidavit with the Bid Proposal. A copy of the Non -Collusion Affidavit is provided in the Bid Proposal section of these Contract Documents. NON-DISCRIMINATION CERTIFICATE Attention is directed to Section 1735 of the California Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: 2 -se -110 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter." A copy of the Certification of Nondiscrimination by Contractors is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS Bidders shall be familiar with the requirements of Section 1777.5 of the California State Labor Code regarding employment of apprentices and shall submit a Statement Regarding Apprenticeship Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING "ANTI -KICK -BACK" REQUIREMENTS Bidders shall be familiar with, and shall agree to comply with, the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3), and shall submit a Statement Regarding "Anti -Kickback" Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. CONSTRUCTION CONTRACT AGREEMENT. BONDS & INSURANCE The Construction Contract Agreement, Sample Bonds and Insurance Requirements are all included as appendices in the project Contract Documents. Following authorization by City Council to award a Construction Contract, written notification will be given by the AGENCY to the successful BIDDER who will, within ten (10) business days, submit to the Agency the completed and signed Construction Contract Agreement, a Performance Bond, a Payment Bond, and evidence of Worker's Compensation Insurance. Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee. No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY. After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Construction Contract Agreement. RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. 23 EM11 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 Remove and Construct 4" PCC 3,300 SF $ $ Sidewalk 10 33,000 2 PCC Grinding 60 LF $ 50 $ 3,000 3 Root Shave 60 EA $ 500 $ 30,000 4 Remove and Construct Curb and 290 LF $ 65 $ 18,850 Gutter (A-2-6) 5 Remove and Construct PCC Curb 20 LF $ $ And Gutter (A-2-8) 65 1,300 6 Remove and Construct PCC Curb 50 LF $ $ (B-1) 65 3,250 7 Remove and Construct PCC Curb 3,300 SF $ $ Ramp 12 39,600 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT Item Description Qty Unit Unit Price Amount 8 Remove and Construct 6" PCC 1,020 SF $ 12 $ 12,240 Driveway TOTAL BASE BID $ 141,240.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f 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 $200 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title (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.) 23SE13 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 fumish 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 Firm EBS General Engineering, Inc. Signature of BIDDER G Title Joseph A. 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.) 23844 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E -Mail Address: bids aoebsg neral rnm Telephone: 951-279-6869 State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/20 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: President 1000005295 6/30/19 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L �� Title President (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NOS,: 16-6864 AND 18-6864 OMNMUS CONCRETE REPAIR PROJECT AJ► ' 11_' :__ 19 s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Joseph A. Nanci being duly swum, deposes and says: ❑ INDIVIDUAL That he/she is the party moking 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, .CORPORATION That he is of. EBS General Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is oil. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and Is duly vested with the authority to execute instruments for an on behalf of 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 gainstthe City of Santa Ana or any person interested in the proposed contract, for himself or g y other person. of to before me this A day of \'W- 20 � D Administering Oath (Notary Public) P-11 of P-21 23B-17 f YK, FAIRWEATHER Note; Public - Callfornla qy =m Riverside County a Commission # 2149313 M Comm Ex iresA x21,2020+ CITY OR SANTA ANA BOND #3—B PROPOSAL PREMIUM: NIL PROJECT NOS.: 16-6861 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT BID BOND KNOW ALL PRESL'•Nf that. _EBS GENERAL ENGINEERING. INC. , as 131DDER, and SURETEC INSURANCE COMPANY ,as SU ItET-Y, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of_ TEN PERCENT OF AMOUNT BID Dollars ($ 109 ), 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 31ST day of OCTOBER -12018. A BIDDER* 1320 E. -SIXTH ST., #100 Joseph Fl.,Nanci, President CORONA, CA 92879 (951) 279-6869 SURETY* 3131 CAMINO DEL RIO N., #1450 CHARLES L. FLIkE, ATTORNEY-IN7 T__ SAN DIEGO, CA 92108 - - 19) 400-4100 )scribed and sworn to before me ,20—. Signature: this Notary Public in and for the County of State of _ .'""..... * Provide BIDDER/ SURETY name, address, and telephone number and the �Tne;'titie; address, and telephone number of authorized representative. _ AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. ! "' 5500 E. SANTA ANA CANYON RD. 11201 '. c ANAHEIM, CA 92807 J < (714) 921-0530 ...• P-12 of P-21 23B-18 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 COUNTY OF 'ORANGE ) Subscribed and swom to (or afiiimed) before me on this 31ST day of OCTOBER 720 18 by CHARLES L. FLARE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. LEXIS SHE 03287 COMM.S2203287 ; i i7eCL+J6�tiI'� (NOTARY SEAL) NOTARYFeeuc*UUFORMA NO YPUBLiC SIGNATURE ORANGE COUNTY Comm. Exp, JULY27, 21)21 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOTREQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing aiurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the atliant is the person executing the document. The affiant shall sign the document in the presence of the notary. To order supplies, please contact McGlone Insurmce Services, Inc. at (916) 484 0804. 23B-19 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 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 o that document. STATE OF CALIFORNIA COUNTYOF Riverside On November2, 2018 before me, K. Fairweather Date Insert Name and Tkle of the officer Public, personally appeared Joseph 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. A K. FAIRWEATHER 7 Notary Public - California WITNESS my hand an official seal. Z -m Riverside County Z Zy Commission #2148313 f l — My Comm. Expires Apr 21, 2020 t Signat re: --•••___.....—_.....—............. —. OPTIONAL --------------------- •----••--- — — — — Though this section Is optional, completing this Information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Titles) ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑Attorney In Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: 23B-20 FOAM: 510123 SureTec Insurance Company LEYRTED POWER OF ATTORNEY Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing trader 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, recog uizances, 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 001100 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 President, 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 shall continue in force until 8/1=02o and is made under and.by authority of the following resolutions of the Board of Directors of the SlreTec Insurance Company: Be it Resolver( 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 name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recoguizances, 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 Attomey4n-Fad shall be binding upon the Company as if signed by the President and sealed mrd 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 President, and its corporate seal to be hereto affixed this 8th day of August , A.D. 2017 . uw;nr; sllR}uTEc 11�T, . A1QY mCi X 9 By: w w John Xuo ., resi nt State of Texas ss: 7� g County of Harris On this 8th day of August , A.D. 2017 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 President of SURETEC INSURANCE CONTANY, the company described in and which executed the above instrument; that he lmows 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 ENIA CHAVEZ ublic, State of Texas Expires 09.10.2020ry ID 129117fi69 X a avez, Notary Puhil y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify thatthe above and foregoing is a true and coned copy of a Power of Attorney, executed by said Company, which is still in full force and effect; end furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney arc in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 31ST da of OC 2018 A.D. r nt B ,Assistant Se efary Any Instrument Issued In excess of the penally stated above Is totally vold and without any validity. For vertfiration of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 8:00 pm CST. 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/,% 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 No License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ 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 $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ 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 $ L31§Ek CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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. 01 3. See attached reference list Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Culbertson Insurance Services: 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807 Invensure Insurance Brokers: 17991 Cowan Irvine CA 92614 (949) 756-4100 3 YEAR REFERENCES — PUBLIC WORKS :t Name 2017 Arterial and Minor Streets Maintenance Project Address Owner Various Locations City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Type of Work Dates $4,594,000 Streets Maintenance 9/2017 —on going Z Project Concrete Street Rehabilitation, FY 2015-16 Project Address Owner Various Locations City of Orange Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Type of Work Dates $574,850 Minor Concrete, Street Improvements 7/2016 to 10/2016 3. Project Washington Square Residential Street Improvements Proiect Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $984,925 Minor Concrete, Street Improvements 4/2016 to 10/2016 4. Project ADA Access Improvements Del Cerro/Burma Rd Entrance to PV Nature Preserve Project Address Owner Del Cerro/Burma Rd. City of Rancho Palos Verdes Contact Phone James Flannigan, Asst Eng. (310) 544-5295 Price of Contract Type of Work Dates $99,470 Exposed Agg. Sidewalk, Ramps, Drive approach 1/2017 to 3/2017 23B-24 3 YEAR REFERENCES — PUBLIC WORKS !ct /16 Curb Access Ramp Installation Project Address Owner Various Locations City of Huntington Beach Contact Phone Jim Escutia, Public Works 714) 536-5525 Price of Contract Type of Work Dates $327,200 Curb Ramps, Domes 5/2016 to 6/2016 6. Project Rancho Santa Fe Road ADA Curb Ramp Reconstruction Project Address Owner Rancho Santa Fe Rd City of San Marcos Contact Phone Duane Neyes, Construction Mgr. (760) 744-1050 Price of Contract Type of Work Dates $290,100 Ramps, Sidewalk, Gutter, Domes 6/2016 to 7/2016 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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. 3. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See info on P-14 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 making a false certificatio may subject the certifier to criminal prosecution. Signed State of Ca ' orpta County of 6 Subscribed and sworn to (or affirmed) before me on thisday of -� -Ad to me on the basis o satisfactory Notary P-16 of P-21 23B-27 Joseph A. Nanci, President k '20A by evidence to be the K. FAIRWEATHEH Notary Public • California Riverside County Commission # 2149313 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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. 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 1 J246 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. 238E28 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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: L Title: President Firm: EBS General Engineering, Inc. Date: CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 joumeymen stipulated in the apprenticeship standards. 3. Contribute to the find 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: President Date: 11/1/18 I+ 1 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: L ✓._ Title: President Finn: EBS General Engineering, Inc. Date: 11/1/18 2JEIPJ I CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 _ V If the answer is yes, explain the circumstances in the following space. MpEtJ CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECTS 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT This CONSTRUCTION CONTRACT is made and entered into this 5' day of February, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY'), and-. EBS, General Engineering, hie. (hereinafter "CONTRACTOR'). WITNESSETH: 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 Omnibus Concrete Repair 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. 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 One Hundred Forty-one Thousand Two Hundred Forty Dollars and No Cents ($141,,240.00), -as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23B-33 Page 1 of 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.Pdf 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. Page 2 of 3 23B-34 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: i/ F J5ANFUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: EBS General Engineering Inc. JOSEPH A. NANCI President 23B-35 Page 3 of 3 23B-36 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-6864 & 18-6864: OMNIBUS CONCRETE REPAIR PROJECT Construction Contract $ 141,240.00 Contract Administration $ 2,500.00 Inspection and Testing $ 7,625.00 Contingencies $ 14,125.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 165,490.00 EXHIBIT 4 23B-37 23B-38