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23A - WATER PAIN IMPROV PROJ
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: AWARD A $1,660,370 CONSTRUCTION CONTRACT TO STEPHEN DORECK EQUIPMENT RENTALS, INC., FOR THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT (OVERALL PROJECT DELIVERY COST $2,158,482) (PROJ. NO. 15-6448) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,660,370, for construction of Thornton Park Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and •ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,158,482, which includes the $1,660,370 contract, $249,056 as a 11.5% project contingency, $120,000 for Contract Administration, and $129,056 for Inspection and Testing in the Water Utility Acquisition and Construction fund. DISCUSSION Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine the replacement priorities. The existing 6-inch-diameter cast iron water main located within the Thornton Park Neighborhood installed in the 1970s has been experiencing numerous breaks and leaks, and has been identified for priority replacement (Exhibit 1). Water system improvements will include new 8-inch polyvinyl chloride water main, fire hydrants, water services, appurtenances, abandonment of the existing 6-inch-diameter cast iron water main, slurry seal, and striping. Once this project is completed, water service reliability and general service quality will improve significantly. The improvements will also enhance the ride 23A-1 Award Contract Stephen Doreck Equipment Rentals, Inc. Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 2 quality, surface drainage, and appearance of the neighborhoods. In addition, the potential for disruption due to water main breaks will be substantially reduced. In order to proceed with the project, besides the award of the construction contract, staff is also seeking Council authorization to set aside funds for contingency, and to cover City staff costs to perform Construction Management, inspect the work, and complete required materials testing utilizing outside special inspection consultants on existing contracts, all to ensure quality and workmanship. The table below summarizes the funds that staff is requesting: Construction Contract $1,660,370 Construction Administration $120,000 Inspection and Testing $129,056 Contingencies $249,056 TOTAL ESTIMATED FUNDS NEEDED $2,158,482 The costs to cover City staff responsible to deliver Capital Projects are paid by the project funds, and no additional nor separate funding is used to pay for staff delivering Capital Projects. A Notice Inviting Bids was advertised on April 5 and 10, 2019, and bids were opened on April 24, 2019. The following is a summary of the bid invitations made and the bids received: Outreach To provide an opportunity for local vendors to submit bids, the City has been utilizing PlanetBids which is web -based system. Through this system, 5 qualified local, Santa Ana vendors were notified of the opportunity to bid on this project. Contractor Participation Data A total 51 contractors requested bidding documents, 12 bids were received; no bid was received from a Santa Ana contractor. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Stephen Doreck Equipment Rentals, Inc. Pico Rivera $1,660,370 2 G.J. Gentry General Engineering, Inc. Upland $1,738,078 3 Christensen Brothers General Engineering, Inc. Apple Valley $2,051,000 4 J. A. Salazar Construction & Supply Corp. La Habra $2,151,450 5 Cedro Construction Inc. Santa Paula $2,151,510 23A-2 Award Contract Stephen Doreck Equipment Rentals, Inc. Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 3 6 CHI Construction Anaheim $2,378,910 7 William Bonadiman Riverside $2,411,750 8 Excel Paving Co. Long Beach $2,616,940 9 SRD Engineering, Inc. Anaheim $2,649,280 10 W.A. Rasic Construction Co., Inc. Long Beach $2,692,888 11 TE Roberts Inc. Orange $2,727,700 12 MMC, Inc. La Palma $3,184,750 All 12 bids received were deemed responsive. Stephen Doreck Equipment Rentals, Inc., submitted the lowest responsive bid in the amount of $1,660,370 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Stephen Doreck Equipment Rentals, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-37 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $2,158,482, which includes the proposed construction contract award, contract administration, inspection, testing, design engineering, and an authorized contingency of $249,056. The following table summarizes the funds proposed in the Fiscal Year 19/20 Capital Improvement Program to deliver construction of this project: 23A-3 Award Contract Stephen Doreck Equipment Rentals, Inc. - Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 4 Fiscal Accounting Unit — Fund Accounting Unit - Year Account No. Description Account No. Amount Project No. Descri tion FY 19-20 06617647-66301 Water Utility Acquisition & Water Utility Capital Project Fund, Water $2,158,482 July -June (15-6448) Construction Capital Project Total $2,158,482 All Funds are scheduled for expenditure in Fiscal Year 2019-20. M c, t '- ' a h" Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/EWG/RR Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: LqA-��M Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23A-4 Exhibit 1 SANTA ANA Pu PUBLIC WOPN54GENCY t- N AV KNOX A`: H -- N MANLY AV' F NIND AV Jefferson Elementary LThornton Park _ EGERSTROM AV V gin ('.ARRIAr:F !1R Project No. 15-6448: Thornton Park Neighborhood Water Main Improvements Project 0 N J 0 H _N M� W AV 23A-5 23A-6 City of Santa Ana Page 1 Thornton Park Nelghborhmd Water Main Improvements (IM448), bidding on April 24, 2019 2:00 PM (Pacific) Panted OW1412019 Exhibit 2 Bid Results Bidder Details Vendor Name Stephen Doreck Equipment Rentals, Inc, Address 9075 Telegraph Road Pico Rivera, CA 90660 United States Respondee Pablo Viramontes Respondee Title Vice President Phone 562-949-4949 Ext. Email pablo@doreckconstruction.corn Vendor Type SBE,CADIR License# 665471 CA DIR Bid Detail Bid Formal Electronic Submitted April24, 2019 1:30:20 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation 9 176031 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal Bid Proposal.pdf General Forms Ownership Affidavit Ownership AtfidavlLpdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Bond Bid Bond.pdf Bid Bond Guaranty (Notary Public)- REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit Non -Collusion Affidavld.pdf Non-Calluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM OILY Unit Price Line Total Comment Base Bid Proposal 1 Mobilization & Demobilization LS 1 $73.390.00 $73,390.00 2 a, PVC Water Line per City Standard Plan 1150 LF 76W $110.00 $830.600.00 PlanetBlds, Inc. 23A-7 City of Santa Ana Page 2 Thomton Park Neighborhood Water Main Improvements (15-6448), bidding on April 24, 2019 2:00 PM (Paciflc) Prtrrted o5t142019 Bid Results Type Item Code UOM city Unit Price Line Total Comment 3 1" Water Service per City Standard Plan 1401 EA 201 $1.296.00 $260,295.00 4 2" Water Service per City Standard Plan 1402 EA 5 $5.215.00 $26,075.00 5 4" Water Service per City Standard Plan 1403E FA 1 $26,250.00 $26,250.00 6 Fire Hydrant Assembly per City Standard Plan 1405 EA 13 $8,525.00 $110,825.00 7 PCC Cross Gutter Replacement per City Standard Plan 1109 SF 1010 $39.00 $39,390.00 8 PCC Curb Ramp per City Standard Plan 1122 EA 2 $5,260.00 $10,500.00 9 2" Blow -Off Assembly per City Standard Plan 1414 . FA 1 $4,555.00 $4,666.00 10 Sewer CCTV Inspection LS 1 $16,750.00 $15,750.00 11 Slurry Seal Surfacing (REAS, Type II)"t TON 203 $910.00 $184,730.00 12 Traffic Striping LS 1 $20,345.00 $20,345.00 13 As-Bullt LS 1 $10.000.00 $10.000.00 14 1" Combination fir Valves per City Standard Plan 1415` EA 3 $4,920.00 $14,760.00 15 Vertical Offsets per City Standard Plan 14138" EA 3 $4.335.00 $13.005.00 16 Labor Agreement Oversight LS 1 $20,000.00 $20,000.00 Subtotal $1,660,370.00 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 17 " = The quantity for this bid Rem 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 he dictated by the actual quantitiy used, and the Agency reserves the right to Increase or decrease the quantity, of this Item accordingly. EA 0 0 0 PlanctBids, Inc. 23A-8 City of Santa Ana Thornton Park Neighborhood Water Main Improvements (15-6448), bidding on April 24, 2018 2:00 PM (Padflc) Bid Results Type Item Code UOM Oty Unit Price 18 t = This bid Item Is considered a Specialty Item per Section 2-3.2 of the Standard Specifloations. FA 0 0 subtotal Total PlanetBlds, Inc. 23A-9 Page 3 Printed 06114/201 e Line Total Comment 0 0 $1,680,370.00 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Stephen Doreck Equipment Rentals, 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 I Mobilization & Demobilization 1 LS $i3 3q0,pC $-13.390. 00 2 8" PVC Water Line per City Standard Plan 1150 7,550 LF $ `to, 00 $ S130 500.E 3 1" Water Service per City Standard Plan 1401 201 EA $ bags o° $ ago a9s°° 4 2" Water Service per City Standard Plan1402 5 EA $Sig co $ M 5 4" Water Service per City I EA lab Standard Plan1403B aS0-1e 'Aso- 60 6 Fire Hydrant Assembly per City l3 EA $ $ Standard Plan 1405 110 2a57° 7 PCC Cross Gutter Replacement per City Standard Plan 1109 1010 SF $ 31. 60 $ 39 3% 0 8 PCC Curb Ramp per City Standard Plan 1122 2 EA $�5- �o $ '© s'-00. 00 9 2" Blow -Off Assembly per City 1 EA $q. $ Standard Plan 1414 Sru 10 Sewer CCTV Inspection 1 LS $,s 7s $ S ^' F I1* Slurry Seal Surfacing (REAS, Type II) 203 TON $ 910.60 $ ( 730 12 Traffic Striping 1 LS $ v 4S-o` $ 2,0 M5 P-1 of P-16 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 13 As -Built I LS $10,000 $ 10,660' 14* 1" Combination Air Valves per City Standard Plan 1415 3 EA S $ `]�j�.d� 15* Vertical Offsets per City Standard Plan 1413B 3 EA $ g3�3 $ 13, Q b p� 16 Labor Agreement Oversight 1 LS $20,000 $ do oco. 0e TOTAL BASE BID (Items 1-16) s I / Wf 3-7 6. QO 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 "250/o" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one -hundred twenty (120) working days after the commencement date stated in the Notice to Proceed. • 15 —Working Days for exploratory potholing and data gatherings • 105 — Working Day for project construction The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Name of Firm Stephen Doreck Equipment Rentals, Inc. SignaturcofBIDDER IYQJ/xf/:� Pablo Viramontes / Vice President 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.) P-2 of P-16 23A-11 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 of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) WAgq subscribed to the within instrument and acknowledged to me that helm#/W## executed the same in hislhpflftf authorized capacity(0,7), and that by his/of/their signature(j) on the instrument the person(g), or the entity upon behalf of which the person(q) 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. WITNESS my hand and official seal. SYMA V. SIFUEHrES _: v Nosy Public - California Signatu (Seal) Camm salonft Count a Sylvia ifu me (Notary Public) MY Comm. Expires Oct g, 2022 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. NameofFirm Stephen Doreck Equipment Rentals, Inc. Signature of BIDDER Title Pablo Viramontes / Vice President (I£ 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.) P-3 ofP-16 23A-13 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 of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(q) whose name(A) islAvg subscribed to the within instrument and acknowledged to me that he/$Vt low executed the same in his/j/yf/j)ff authorized capacity(jo#), and that by his/NI/their signature(j) on the instrument the person(q), or the entity upon behalf of which the person(q) 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. WITNESS my hand and official seal. sywu a slPuarres Notary Pu61ic • Calilornla 1 i µ' Los Angeles County Signatur (Seal) My CammCOmloisssfan#ZOd7g,iutz r Sylvi Sifu es (Notary Public) 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Stephen Doreck Equipment Rentals, Inc. Business Address: 9075 Telegraph Road, Pico Rivera, CA 90660 Business E-Mail Address: pablo@doreckconstructlon.com Telephone: 562) 949-4949 State Contractor's License No. and Class: 665471-A License Expiration Date: 02/29/2020 State Dept. of Industrial Relations (DIR) Registration No.: :,,State Dept. of Industrial Relations (DIR) JRegistration Expir �Date;,,/ Signed:' 1000011335 06/30/2019 Title: Pablo Viramontes / Vice President P-4 of P-16 23A-15 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 of that document. State of California County of Los Anneles On April 24, 2019 before me, Sylvia Sifuentes (Notary. Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(q) whose name(p) is/WN subscribed to the within instrument and acknowledged to me that he/IHNI yW executed the same in his/pr/r/jhy authorized capacity(jO/1), and that by his/NF/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(q) 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. WITNESS my hand and official seal. L V.ES Signatur ry (Seal) , N tabHcfFUElfomta Comm sigons�5)t19 Sylvi ' en es (Notary Public) MY Comm. Expires OR 8, 2022 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS 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. NameofFirm Stephen Doreck Equip ent Rentals, Inc. Signature of BIDDER Title . Pablo Viramontes / Vice President (if anindividual, so state) P-5 of P-16 23A-17 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 of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes , who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) is/jww subscribed to the within instrument and acknowledged to me that he/IH#I may executed the same in his/j/p//)}* authorized capacity(IM), and that by his/IMF/their signature(y) on the instrument the person(q), or the entity upon behalf of which the person(o 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. WITNESS my hand and official seal. S,,A,'l SIFOEN7CS 9 Notary Public • California s C mM Sffon#2 57elm 8 a Sig natur (Seal) My Comm. Explfes Oct a, 2022 Sylvia me (Notary Public) 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SAN[A ANA ) Pablo Viramontes being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That hesho is a member of the co-parunership 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 fie is of. Stephen Doreck Equipment Rentals, Inc. \ Ice Fresident a corporation which is making the foregoing proposal: ❑ JOINT VENTURI: That he is of. - one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on 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 against the City of Santa Ana or any person interested in the proposed A nntttraact, for or any other person. Signature of Bidder `Subscribed and sw 24th m to before me this day of April 2019 Sigfia e offlder Administering Oath (Notary Public) Sylvia Sifuentes / Notary Public P-6 of P-I 6 23A-19 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 Los Angeles Subscribed and sworn to (or affirmed) before me on this lath day of April . , 20 19 , by Pablo Viramontes Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SYLVIA V. SIFUENn3 Notary Public • California q Los Angeles County Commission 8 2257818 My Comm, Expires Oct 8, 2022 (Seal) Signatur�ylvia S'fue es Vota Public) 23A-20 CITY OF SANTA ANA Bond No. CSBA-10546 PROPOSAL PROJECT NO.: 15-64 48 THORNTON PARK NEIGFIBORHOOD WATER MAIN IMPROVEMENTS BID BOND KNOW ALL PRESENT that Stephen Doreck Equipment Rentals Inc. , as BIDDER, and North American Specialty Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Amount Bid Dollars (S 10% ), which is ten percent (10- ) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. 1N WITNESS WHEREOF the parties hereto have set their names, titles; hands. and seal this end day of --- Apol , 20dg. BIDDER* to before me , 20_ Si=nature: Notary Public in and for the County of 6 Hutton Center Drive, Suite 850 A 92867 (714) 516.1232. State of Provide BIDDER/ SURETY name, address, and telephone number and the name, 'ti;7e;._,` address, and telephone number of authorized representative. orange, P-7 of P-16 23A-21 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 of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name() is/hqq subscribed to the within instrument and acknowledged to me that he/0sY/IMtE/,/ executed the same in his/jj#f/jh* authorized capacity(IVI), and that by his/ICE/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(o 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. WITNESS my hand and official seal. SYLVIA V. a ; iSIFUa+s NoUry County ! Si nature Commission r Mid18 9 (Seal) My Comm. Uplres Oct 1, 2022 SYlvi SI a es (Notary Public) 23A-22 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 of that document. State of California County of Orange On 4/22/2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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. WITNESS my hand and official seal. MELISSA ANN YACCARO COMM. 4W41394 n @MyCornn1.F.XP1ta6M3y12,!� Notary Publ[o-Calitomia ORANGECOUNTY t a Signature _ .t�nJ (Seal) Melissa Ann Vaccaro 23A-23 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY Bond No. CSBA-10546 WASHI IGTON INTERNATIONAL INSURANCE CONIPAN-Y WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialy Insurance Company, a corporation duly organized and existing under Imes of the State of New Hampshire, and having its principal office in the City-ofKansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City. Missouri. and Westport Insurance Corporation, organized under the Imes of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZELLE OSTROM, and FRANK MORONES JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by lase, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyshipexecuted under this authority shall exceed the amount of-. ONE HUNDRED TWENTY FIVE MILLION (S125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Companv bonds, undertakings and all contracts of surety, and that each or any of them herebv is authorized to attest to the execution of any such Power of Attomcv and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Posner of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." pssunu9Nnnr mpo, ��worrcG ,,a�1pttowtµ vq :YP .f'...9e �3:GOtiPdit♦TS Ba. `Nr �F� P ;yL Ste,' SELO':Py Sloso ..av maw, mar m craw ac vetnn orcrnma mnvee Camwor &r J�r'� SEAL Senior Vim P midwt ofNm,h Amnion speruy m,amom C.mp,,. 1973 o,Eme �i. �y •fv SSrnior wln Prrsidmrafwezrpnn lnmruce Co,pvnrian $$r +S ///4"dONi \Ii4eA na Semor Via PnadmrofmhivVem lvmmadoiul lawnnn Compaar h~• 4 narnmm�ma & Senior Vim Pmidmt of Nomh American SWL IW Waranee Co.,., & Senior Vim Prt cf-, of W.W. Imnnvre Cnrpnndoo IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Wes?port Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized oRicersthis -' this 14TH day of JANUARY . 20is - North American Specialty Insurance Company Washington International Insurance Company - - State of Illinois Westport Insurance Corporation - County ofCook ss: On this 14 day of JANUARY , 20 19. before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice president of Washington International Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington Intemational Insurance Company mid Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally (mown to me. who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIOAL SFAL "� 1t KENNV ���� \ • ay' V � , Noun pvFLc-SulednuWic - .•.. MyC°itmu:oii p"Le M. Kenny, Notary Public 4 JetTrev Goldberg the duly, elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Posner of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this'-2nd day of April 2019 "AX •� — CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 ei. 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: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %9°/u 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 (inns listed below: Name 811 1 License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name Dr>tw6wr4V 5}-rt0i'i1q Se-m' License #/Exp: 3Z4(&15- ' 3111/d� DIR Reg. #/Exp. 100000 6 30 I1 License # Location in V.' 'IXr4e. C Phone -7Jq ^ 3 ' 4{,5—S-o Typc Of Work 6+ry per } n q Amount $ 19, 3 11.51 0 U Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Typc 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 - Pablo Viramontes / Vice President P-8 of P-16 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 CITY OF MANHATTAN BEACH 1400 Highland Avenue Manhattan Beach, CA EDWAMAA16% Name and Telephone Number of person familiar with project. 7/2016 2,188,070.00 Water Main Replacement Contract Amount Type of Work Date Completed 2. City of Alhambra 111 South First Street, Alhambra, CA 91801 Name and Address of owner. DENNIS AHLEN (626) 570-3274 Name and Telephone Number of person familiar with project. 7/2017 1,357,282.50 Replacement of 4" and 14" Watermains Contract Amount Type of Work Date Completed 3 City of El Segundo - 350 Main Street El Segundo, CA 90242 Name and Address of owner. Lifan Xu (310) 524-2364 Name and Telephone Number of person familiar with project. - $495,400.21 Water Main Improvements 9/2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Commercial Surety Bond Agency 1411 N. Batavia Street Suite 201, Orange, CA 92867 Daniel Huckabay 714) 516-1232 Wright, Finnegan & Carter Ins 22800 Savi Ranch Pkwy Suite # 202, Yorba Linda, CA 92887 John Carter 714) 283-1999 P-9 of P-16 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I City of Lomita 24300 Narbonne Ave., Lomita, CA 90717 Name and Address of Owner. Tom Shabazi 310) 325-7110 Name and Telephone Number of person familiar with project. 1,699,398.00 Water Main Replacement 7/2014 Contract Amount Type of Work Date Completed 2 City of Paramount 16400 Colorado Street, Paramount, CA 90723 Name and Address of owner. Christopher S. Cash 562) 220-2000 Name and Telephone Number of person familiar with project. 1,196,462.00 Small Main Replacement Project Phase 1 11/2013 Contract Amount Type of Work Date Completed 3 City of Torrance 20500 Madrona Ave., Torrance, CA 90503 Name and Address of owner. Emmanuel Martin 310) 618-3059 Name and Telephone Number of person familiar with project. 12/2012 1,574,419.00 Ductile Iron Pipe Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone members of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Commercial Surety Bond Agency 1411 N. Batavia Street Suite 201, Orange, CA 92867 Daniel Huckabay 714) 516-1232 Wright, Finnegan & Carter Ins 22800 Savi Ranch Pkwy Suite # 202, Yorba Linda, CA 92887 John Carter 714) 283-1999 P-10 of P-16 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier .to criminal Signed State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 24th day ofApril , 2019, by Pablo Viramontes , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Nota bli ugnature Notary Public Seal Sylvia Sifuentes / Notary Public SYLVIA V, SIFUEWF.5 a Notary Public • Calif LosangelsCounty y€ My COM Expires Commission # 2Oct g,t2022 P-11 of P-16 23A-28 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 Los Angeles Subscribed and sworn to (or affirmed) before me on this 24th day of , April . , 20 19 . by Pablo Vlramontes proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SYLYLAt4ryp V. c'CaliiTES Notary Public •Call/ornia Los public County Commission 0 2297al8 MY Comm. Expires Oct 8, 2022 (Seal) Signatur Sylvia S ue es otary Public) 23A-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23A-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Signed: �— Title: Pablo Viramontes / Vice President Firm: Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-13 ofP-16 23A-31 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 of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) is/fqq subscribed to the within instrument and acknowledged to me that he/Q#/tW executed the same in his/ppf/1"I authorized capacity(N), and that by his/Nf/their signature(y) on the instrument the person(4), or the entity upon behalf of which the person(/) 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. WITNESS my hand and official seal. SYLVIA V. SIFUENTES NotaryPublic - Califcmla i Los Angeles County SignatuZ (Seal) _ Commission 9 22578I8 Sylvia en es (Notary Public) MY Comm. Expires Oct e, 2072 23A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount thC l ifornia A enticeship Council. signed: Title:' Pablo Viramontes / Vice President Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-14 ofP-16 23A-33 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(A) is/gyp/ subscribed to the within instrument and acknowledged to me that he/$qq/jW executed the same in his/jilt///1"I authorized capacity(ypg), and that by his/"t/their signature(q) on the instrument the person(g), or the entity upon behalf of which the person(j) 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. WITNESS my hand and official seal. SYLYIA Y. SIMEWES Notary Public - California Signatur Commission # 2257818 (Seal) ' Los Angeles County i Si l Sylve s (Notary Public) My comm. Expires oct a, :o:: r 23A-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which -he/she is oth�L�tled. Signed: . �Tifle: = Pablo Viram ontes / Vice President Firm: - Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-15 ofP-16 23A-35 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 of that document. State of California County of Los Angeles ) On _April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(p) is/PNN subscribed to the within instrument and acknowledged to me that he/$H#/yyw executed the same in his/jjfjf/jM# authorized capacity(og), and that by his/0#1/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(W 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. WITNESS my hand and official seal. ------------- SYLVIA V. SIFUENTES `Y. Notary Public • California Signature (Seal) t Los Angeles County Commission C 187818 Sylvia i nt (Notary Public) My Comm. Expires Oct 8, 2022 23A-36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 23A-37 � M O of 3 m ��� m w o m �o 07 N _», D G O m 3 4 o� W a Z • W W Z W 09 ,N N QO O 00 0 n » O < .� 00 C v m cm n� �a>>nG)p n 2 t2 v> 0a ON m Z3 N DD,o,N ;u D a '�° 3 c m w Zt G Z1 G o m o m m ID m a a m M G) 3 co m ° z Ra m m to n < > ; n m Z G1 ma a Z cn N n v d mIw V N F+ O O O N n A V W N N cri V co m m m m m X w W W W W O O O O O O I v~i T J M �D I I O s —tn�t-- '1 01 0 G v N m� ♦V 6 ^� o 07 O 3 CD 23A-38 T 2 r n C- a m 1. 9 m 9 0 m O A N z D w n D r l) 1D C (D ll'm y c 9 0=0y rnA'm con ,n ErRAo FA O lb Ma a s m: a 4 m o'u m= i� w boo 00 0o a» •'o d> v 7 0� 0 N rnm Z� Did Down 0 o� m'" a m3m C1 J Z m O G N D F+ = F+ » "• m ti N o e 3 o 0 3 O O 1 w3 ��' m {xCLwCL m' �> >„ �� rt C rh I cr _i la 10 m X m Z •c z O °e c I �a n� oo" 9' 3 m �3 O w m m Q H ^ O Z m on Z D a D O QD ID C rdi N � A m 3 r�i » co o D a a Z L+ c LM m 3 c m . i 0 N M v I 0 0 0 0 0 m !D 0 N � O K I m O w w W W W o 0 0 0 0 'a r+ 0 v m % $ ,� 0 m 0 o v v V+ S rf # N TN/ \V d �n �F J r 1 ��� lL 23A-39 r I nl nm 4 0 H n m�D mz90zOzf mD wn r"-1� VY .. O V m N— N Lm �. W �. b+ �. O w d V d Gi � N m n Z rp) y 1 ^y 1w `O O N N D m m v+zz�a o am �DNa N°:N� �� a. qz» 7 N3 OOM n fD Gppl c Gppl cl �> N >� A h r+ c m tZn O n np�� �^ D A D xN Z ° �i Z D xN mn' M m c 2 a D D o A c � SO O v v a c O Z v v a v 3 Z D O O a1 i 3 m � z -4 y O m Z < m z m G D D y 0 0 G n m C. o o Z W N I T V = `7 I J N N ^ a I I � O1 O O1 O m T DO1 x w W O W O W O O W O - 7 rm 0 m n x- o v v f- f` S A \ T� CD 0) en w O O� Y+ 23A-40 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NO.15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 4`' day of June, 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 Stephen Doreck Equipment Rentals, hic. (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 Thornton Park Neighborhood Water Main Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Six Hundred Sixty Thousand Three Hundred Seventy Dollars and No Cents ($1,660,370.00), 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 23A-41 Pagel of3 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. 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.ore/nwa/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 famished (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. // 23A-42 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lvt,. -f"L HN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Stephen Doreck Equipment Rentals, Inc. NAME: TITLE: 23A-43 Page 3 of 3 23A-44 Exhibit 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 15-6448: THORNTON PARK WATER MAIN IMPROVEMENTS Construction Contract $ 1,660,370.00 Contract Administration $ 120,000.00 Inspection and Testing $ 129,056.00 Contingencies $ 249,056.00 TOTAL ESTIMATED CONSTRUCTION COSTS j $ . - .2,158,482.00 EXHIBIT 4 23A-45 23A-46