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Home My WebLink About23A - SEWER MAIN IMPROV PROJREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO G.J. GENTRY GENERAL ENGINEERING, INC., IN THE AMOUNT OF $1,269,090 FOR THE CITYWIDE SEWER MAIN IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $1,629,500 (PROJECT NO. 17-6437) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1B & 1C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a construction contract to G.J. Gentry General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,269,090, for construction of the Citywide Sewer 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 $1,629,500, which includes $1,269,090 for the construction contract, $190,364 for contract administration, inspection and testing, and a $170,046 project contingency (approximately 13.40% of the construction contract amount), paid with Capital Recovery Charges funding. DISCUSSION Public Works staff monitors the condition of sewer main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The existing 6-inch and 8-inch diameters of vitrified clay and cast iron sewer main pipes located in Hazard Street, Garnsey Street, Oak Street, and Pomona Street, which were installed in the 1920s and 1960s, are deteriorating, lack capacity, and have been identified for priority replacement (Exhibit 1). The Citywide Sewer System Improvement Project will include approximately 4,000 linear feet of new 8-inch polyvinyl chloride sewer main pipes, sewer laterals, sewer manholes, asphalt concrete pavement, and striping. Once this project is completed, the improved sewer system will 23A-1 Award Construction Contract to G.J. Gentry General Engineering, Inc. Citywide Sewer Main Improvements Project August 20, 2019 Page 2 eliminate sewer main obstructions, prevent sewer overflows, and reduce sewer maintenance requirements. In addition, the improvements will enhance ride quality and surface drainage. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 10 and 15, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on June 19, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 112 vendors, including 5 located in the City of Santa Ana, were notified of the project via PlanetBids. 52 vendors requested bidding documents and 11 bids were received. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 G.J. Gentry General Engineering, Inc. Upland $1,269,090 2 Vasilj Inc. Irwindale $1,570,115 3 CHI Construction Anaheim $1,672,809 4 Kordich Construction, Inc. Cypress $1,779,399 5 Mike Prlich and Sons, Inc. Baldwin Park $1,795,125 6 MNR Construction Inc. La Verne $1,814,450 7 Christensen Brothers General Engineering, Inc. Apple Valley $1,852,304 8 All Cities Engineering, Inc. Jurupa Valley $1,865,710 9 Excel Paving Cc Long Beach $1,871,154 10 O'Duffy Bros Inc. Romoland $2,040,995 11 Colich & Sons L.P. Gardena $3,020,775 All 11 bids received were deemed responsive. G.J. Gentry General Engineering, Inc., submitted the lowest responsive bid in the amount of $1,269,090 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to G.J. Gentry General Engineering, Inc. in the amount bid (Exhibit 3). 23A-2 Award Construction Contract to G.J. Gentry General Engineering, Inc. Citywide Sewer Main Improvements Project August 20, 2019 Page 3 Protect Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,629,500. Construction Contract $1,269,090 Construction Administration, Inspection, and Testing $190,364 Contingencies $170,046 ESTIMATED CONSTRUCTION DELIVERY COST $1,629,500 All staffing costs are included in this estimate and no additional funding will be required. 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2018-30 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 $1,629,500, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted to deliver construction of this project: 23A-3 Award Construction Contract to G.J. Gentry General Engineering, Inc. Citywide Sewer Main Improvements Project August 20, 2019 Page 4 Fiscal Year Accounting Unit - Account No. Project No. Fund Description Accounting Unit, Account Description Amount FY 2019- Capital Recovery 20 05417647-66220 Sanitary Sewer Charges, $1,629,500 July -June (17-6437) Capital Improvement Other Than Building Total $1,629,500 All funds are scheduled for expenditure in Fiscal Year 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: Fuad . Sweiss, PE, PLS Kat�wns, CPA Execu ve Director Executive Director Gr] Public orks Agency Finance and Management Services Agency Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 23A-4 Exhibit 1 HAZARD STREET HAZARD STREET ED/NGER O U W ® PROJECT LOCATION SA AMA Pu PUBUMOUSAGOCT AVENU GARNSEY STREET o z y m C ti VICINITY MAP NOT TO SCALE Project No. 17-6437: CITYWIDE SEWER MAIN IMPROVEMENTS STREET POMONA STREET 23A-6 City of Santa Ana Chyvdde Sewer Mein Improvements (17-6437), bidding on June 19, 2019 2:00 PM (Pacific) Bid Results Bidder Detalls Vendor Name G,J. Gentry General Engineering, Inc. Address 1297 W. 9th Street Upland, CA 91786 United States Respondee Bryan MezaSave Respondee Title VP of Public Works Phone 909435.4601 Ext. Email bryanm@g)gentry.com Vendor Type CADIR License # 991354 CA DIR Bid Detail Bid Format Electronic Submitted June 19, 2019 8:49:13 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 182217 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Forms Ownership Affidavit Bid Bond Guaranty Non -Collusion Affidavit Line Items File Name General Fonns.pdf Ownership AffidavlLpdf Bid Bond Guamnty.pdf Non -Collusion Affidavit.pdf Type Item Code UOM city Ewe Bid Proposal 1 Mobilization/Demobilization (No More than 6% total bid) LB 1 2 Remove F)dsting Sewer Main and Construct 8° PVC SDR-26 Sewer Main LF 4000 Page 1 Primed 071OZ2019 Exhibit 2 File Type General Forms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Bond Guaranty (Notary Public) - REO Original Hard Copy Submittal In Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Unit Price Line Total Comment $60,000.00 $60,00o.00 $97.19 $388,760.00 PlanetBids, Inc. 23A-7 City of Santa Ana Page 2 Cltywlde Sewer Main Improvements (17-6437), bidding on June 19, 2019 200 PM (Pacific) Printed 07102/2019 Bid Results Type Item Code u0M 0ty Unit Pit" Line Total Comment 3 Remove Existing Sewer Main and Construct 10" PVC SDR-26 Sewer Main LF 400 $129.40 $61,760.00 4 Asphalt Concrete (AC) Paving TN ...__........ 715 -............ $167.65 ,....._.._..,.......... $120,012.76 .... ._..._......_..._......_ 5 Asphalt Rubber Hot Mix (ARHM) (T=2") TN 62 $199.34 $16,346.88 6 Cold Milling (T=2°) SF 6600 $1.81 $11,765.00 7 PCC Goss -Gutter (Arterial Streets) SF 350 $24.64 $8,694.00 8 Construct New P.C.C. Sewer Manhole EA 15 $4,149.08 $62,236.20 9 Remove F-xisting Manhole Structure EA 15 $1,211.60 $18,174.00 10 Construct 4" or 6" PVC Sewer Lateral and Cleanout (Open Trench) EA 104 $2,355.66 $244.988.64 11 Construct 4" or 6" HOPE Sewer Lateral and Cleanout (Pipe Bursting) EA ............ 15 $3,741.82 $56,127.30 12 Connect Sewer Laterals prevloulsy pipe bursted by City Forces ._.. _.. ... ...,.. ..__,._... _..._ _........ FA .,.....,. 7 .. ... $1,772.61 ........ _.. $12,408.27 13 CCTV Inspection of New Sewer Main _ ._ .. . _...,... ...... _. ... ............ LF 4400 $2.96 $13,024.00 14 CCTV Inspection of New Sewer Laterals (Open Trench/Pipe Burst) EA _..... ....... ..........,......_......... _,........,.._ _.-._... __ 126 ,................................. $68.77 $8,685.02 _..., .... ,.............. 15 Traffic Control _....._._.. , .. LS 1 $49.136.78 $49,136.78 16 Signing and Striping LS 1 $31.097.00 $31.097.00 17 Imported Baxkfill Material (As Needed)' CY 900 $50.00 $45,000.00 18 Additional Potholing (As Needed)' FA 10 $1,263.60 $12,636.00 PlanetBlds, Inc. 23A-8 City of Santa Ana Page s Gtywide Sewer Main Improvements (17-6437), bidding on June 19, 2019 2:00 PM (Padfic) Printed 07/02/2019 Bid Results Type Item Code UOM Qty Unit Price Llno Total Comment 19 Sewer Flow Level Monitoring & Alarming Device EA 2 $5,879.60 $11,759.00 20 Labor Agreemnet Oversight LS 1 $20,000.00 $20,000.00 21 As -Built LS 1 $25,000.00 $25,000.00 22 Backflow, Prevention Device* EA 2 $760.00 $1,600.00 Subtotal $1.269,089.64 Asterisk Notes (per P-3 of P-16 of Specificatlons) - NOT part of Total Bid Calculation 23 •= The quantity for this bid Item Is shown for bid comparison only. This bid hem shall not be subject to the 25% limit as stated In Section 3-2 of the Sped6cations... ea 0 0 0 Subtotal 0 Total $1,269,089.84 PlanetBids, Inc. 23A-9 CITY OF SANTA ANA PROPOSAL ADDENDUM FOUR PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: G.J. Gentry 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: BASE BID: Item Description Qty Unit Unit Price Amount I Mobilization/Demobilization (No more 1 LS S S than 5%total bid) 60,000.00 60,000.00 2 Remove Existing Sewer Main and 4,000 LF S $ Construct 8" PVC SDR-26 Sewer Main 97.19 388,760.00 3 Remove Existing Sewer Main and 400 LF $ $ Construct 10" PVC SDR-26 Sewer Main 129AO 51,760.00 4 Asphalt Concrete (AC) Paving 715 TN $ S 167.85 120,012.75 5 Asphalt Rubber Hot Mix (ARHM) (T=213 82 TN $ $ 199.34 16,345.88 6 Cold Milling (T=2") 6,500 SF $ S 1.81 11,765.00 7 PCC Cross -Gutter (Arterial Streets) 350 SF S S 24.84 8,694.00 8 Construct New P.C.C. Sewer Manhole 15 EA $ S 4,149.08 62,736.20 9 Remove Existing Manhole Structure 15 EA $ S 1,211.60 18,174.00 10 Construct 4" or 6" PVC Sewer Lateral and 104 EA S 5 Cleanout (Open Trench) 2,355.66 244,988.64 11 Construct 4" or 6" HOPE Sewer Lateral 15 EA S S and Cleanout (Pipe Bursting) 3,741.82 56,127.30 12 Connect Sewer Laterals previously pipe 7 EA $ S bursted by City Forces 1,772.61 12,408.27 13 CCTV Inspection of New Sewer Main 4400 LF S S 2.96 13,024.00 14 CCTV Inspection of New Sewer Laterals 126 EA S S (Open Trench/Pipe Burst) 68.77 8,665.02 rx I CITY OF SANTA ANA PROPOSAL ADDENDUM FOUR PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 Traffic Control I LS S 49,136.78 S 49,136.78 16 Signing and Striping I LS S 31,097.00 S 31,097.00 *17 Imported Backfill Material (As Needed) 900 Cy S50 $45,000 • 18 Additional Potholing (As Needed) 10 EA S 1,263.60 S 12,636.OD 19 Sewer Flow Level Monitoring & Alarming Device 2 EA S 5,879.50 S 11,759.00 20 Labor Agreement Oversight 1 LS S20,000 $20,000 21 As -Built I LS 525,000 $25,000 022 Backflow Prevention Device 2 EA $750 51,500 2 ;2 of P111 CITY OF SANTA ANA PROPOSAL ADDENDUM FOUR PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS TOTAL BASE BID 5 1,269,089.84 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-altemate bid items (if any). If add alternate one bid is awarded it will replace bid item 7 and up to 37 units of bid item 6. ' 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. 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 fifteen (115) working days after the commencement date stated in the Notice to Proceed. • 15 — Working Days for exploratory potholing and data gathering • 100 —Working Days for project construction The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm G.J. Gentry 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.) 23AL' 12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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. Name of Firm G.J. Gentry 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.) 23Aul13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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: G.J. Gentry General Engineering, Inc. Business Address: 1297 W. 9th Street. Upland, CA. 91786 Business E-Mail Address: bryanm@gjgentry.com Telephone: (909) 693-3391 State Contractor's License No. and Class: 991354 A License Expiration Date: 03/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000009875 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2019 Signed: NAR14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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. Name of Firm G.J. Gentry General Engineering, Inc. Signature of BIDDER Title CQV&T, (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: �CIITTY,,,O,F�S,A'N1TAAA,N�A�,�,�� ) `- wa# 1,_� /r t7L—t 4 , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the puny making the foregoing proposal: ❑ PARTNERSIIIP 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 Th�t he is J• a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is oL' 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 against the City of Santa Ana or any person interested in the proposed con et, for himself or any other person. gnature of Bidder Subscribed and swom to before me this day of 20 .7l-C.TYfl3 Signature of officer Administering Oath (Notary Public) 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 San Bernardino Subscribed and sworn to (or affirmed) before me on this 18th day of June 2019 , by Garrett Gentry proved to me on the basis of satisfactory evidence to be the pe ALLYSON FREDERICKSEN a _ Commission #2226564 c 0 � Notary Publlc - California y 3 son BernorainoCounty My Comm. Uphes December 24, 2021 (Seal) Signature —0j IA4W 23A-17,ssefY�rrf(�Yi�' Il CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS : � KNOW ALL PRESENT that, Bond No. CSSA-10992 [Jarrett J. Gentry General Engineering Incorporated , as BIDDER, and U.S. 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% 1, 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 3rd day of June 2019. ninnca• SURETY* 625 The City Drive So.. Ste. 205 Subscribed and sworn to before me , 20_ Signature: Notary Public in and for the County of of State of = _ ° Provide BIDDER/ SURETY name, address, and telephone number and the'hame, title, address, and telephone number of authorized representative. P-8 of P-17 23A-18 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 6/3/2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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. r,1Et.I5sa AN" vacCARO ' •..,.v COMM, N2241394 w .•teat Notary PublioCalitornia t: `� �� ORANGE COUNTY u My Comm. Fxnims May 12.2022 Signature (Seal) Melissa Ann Vaccaro 23A-19 2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COSIPANY TEXAS BONDING COMPANY UNITED STATES SURETY COAIPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Daniel Huckabay, Arturo Ayala, Dwight Reilly, Shaunna Rozelle Ostrom or Frank Morones of Orange, California its Due and lawful Artorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******* Twenty Million ******** Dollars (S *20,000.000.00* ). This Power of Attorney shall expire without further action on November3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, nut 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 Auomey(s)4n 1`act 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 an behalf of the Company, to execute, acknowledge and deliver, arty and all bonds, recognizance, canoes, agreements or indemnity and other conditional or obligatory undertakings, including arty and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved it= the sigmaire of any authorized after and seal of the Company heretofore or hereafter affixed to any power of mnome-v or any certificate relating thereto by facsimile, and any power of anomey or certificate baring facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to arty bond ear undertaking in which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016. ASIERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY *�yC?0V 31=5^SUR te, eMD,Mae .a'Nuuva A ii—., y� Wi eta 1> t Ban I. 1i�f Daniel P. AguilaViceP i J r,resident . �°°"A e4an °j*nnnm'O' 4lyfyal�,M- °�nrn�nnr✓� 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 SS: On this Ist day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, ear the entity upon behalf of which the person acted, executed the instrument 1 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. SABINA h10RGENSTEIN Commfssion 0 2129258 Signature (Seal) Notary public - California Los Angeles County My Comm. Eaolraa Noy 3. 2019 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 3rd day of June 0019 Corporate Seals '^•''y, .+ �. ,,y"" •,•��•�� tPr� �s ,,yy✓1✓fg SU9F'w. Na R4Z O4iy 04 . i funk Qj i E + 13" Bond No. CSBA-10992 $'`..�,<,�,:lt,`° -,n, i.° ,ifi Secretary r I(io Lc, Assistant b s• :+ s Agency No. 9472 1'ryo`o� " o��/'d'' a'R` ,e*� -�• 0 i 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 San Bemardino On 6/18/19 before me, Allyson Frededcksen, Notary Public (insert name and title of the officer) personally appeared Garrett Gentry 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. ALLYSON FREDERICKSEN a Commlaion #2226564 C WITNESS my hand and official seal. Notary Public • California InSonBernordinoCounty ^' MY Comm. Expires December 24.2021 Signature (Seal) 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% 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 Superior Pavement Markings License #/Exp. 776306 8/31/2019 DIR Reg. #/Exp. 1000001476 6/30/2019 Location 5312 Cypress St. Cypress, CA. Phone 714-995-9100 Type Of Work Signing & Striping Amount $ 28,270.00 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 $ �V. MX nature of Bidder Name Mocon License #/Exp. 565735 04/30/2021 DIR Reg. #/Exp. 1000009594 06/30/2019 Location 46-950 Jefferson St. Suite C-200. Indio. Phone 503-580-4420 Type Of Work Pipe Burst Amount $ 42,000.00 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 $ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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. City of Norco - 2870 Clark Ave. Norco, Ca. Name and Address of Owner. Dan Cutherson - (951) 270-5627 Name and Telephone Number of person familiar with project. $1,000,000.00 Underground Utilities and Concrete May 2019 Contract Amount Type of Work Date Completed 2, City of Orange - 300 E. Chapman Ave. Orange, Ca. Name and Address of owner. Cole Stunv - (714) 920-6046 Name and 1 elephone Number oI person laminar with project. $1,604,925.00 Underground Utilities and Concrete Contract Amount Type of Work 3, City of Fullerton - 303 W. Commonwealth Ave. Fullerton, CA. Name and Address of owner. Jose Madena - (714) 738-6863 Name and Telephone $1,200,000.00 Contract Amount of person tamwar with project. Underground Utilities and Concrete Type of Work December 2018 Date Completed On -Going 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 St. Orange, CA. - Dan Huckabay (714) 516-1232 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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. 2. 3. 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. Date Completed Date Completed 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. 101JO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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 Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me � SO,?- ft C E, 4 Notary Public Signature Notary Public Seal 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 San Bernardino Subscribed and sworn to (or affirmed) before me on this 18th day of June , 2019 , by Garrett Gentry proved to me on the basis of satisfactory evidence to be the pers ALLYSON FREDERICKSEN a eMy Commission #2226564 C yNotary Public • California m MSon Bernardino County Comm. Fxo�es December 24, 2021 (Seal) Signature `t Y iv 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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 Chapter. Signed:a Title: Gt, J P-14 &me Firm: G.J. Gentry General Engineering, Inc. Date: 6/19/19 r CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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 S30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: BbVxl Title: pAd ks.Aft,, e Firm: G.J. Gentry General Engineering, Inc. Date: 6/19/19 r � • CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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 otherwise entitled. Title: eww eutw,, ,, Firm: G.J. Gentry General Engineering, Inc. Date: 6/19/19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6437 CITYWIDE SEWER 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 govemment 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. w-� MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Soloric CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988. M-85 Santa Ana, California 92702 w .santa-ana.ora (714)647.3320 June 5, 2019 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre -Ramirez SUBJECT: PROJECT 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS The following changes/clarifications have been made to the SPECIFICATIONS of the subject project: 1. BID PROPOSAL; Pages P-1 to P-3 REPLACE with: Revised BID PROPOSAL; Pages (P-1 to P-3) of P-17 (See Attachment) Description of changes: - Add Bid Item 22- Backflow Prevention Device 2. APPENDIX A- DEFINITION OF BID ITEMS ADD: Bid Item No. 22 — Backflow Prevention Device: Contractor shall install backflow prevention device from (Rectorseal) and tie to newly constructed sewer lateral and existing pipe leading into private property. See Appendix G of the Project Specifications. No substitutions will be allowed. Total pages for Addendum One = 5 23A-32 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sariento Jose Solodo CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988. M-85 Santa Ana, California 92702 www.santa-ana.ora (714) 647.3320 June 6, 2019 CITY MANAGER Kristine Ridge CITY ATTORNEY Soria R. Carvalho ACTING CLERK OF THE COUNCIL Nara 64tre-Ramirez ADDENDUM TWO SUBJECT: PROJECT 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS The following changes/clarifications have been made to the CONTRUCTION PLANS AND of the subject project: ITEM 1- NOTICE INVITING BIDS CURRENT - NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before the hour of 2:00 pm, June 11, 2019. No late bids will be accepted. No other method of bid submittal will be accepted for: M9111IM6 NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before the hour of 4:00 pm, June 13, 2019. No late bids will be accepted. No other method of bid submittal will be accepted for: ITEM 2- CONSTRUCTION PLAN, SHEET 14 OF 15 REPLACE - Replace Project Plan Sheet 14 of 15; See Attachment Total pages for Addendum Two (including attachment) = 3 23A-33 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarniento Jose Solorio CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Ave (M-85) Santa Ana, California 92702 wvnv.santa-ana.orc (714)647-3320 ADDENDUM THREE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre- Ramirez SUBJECT: PROJECT NO. 17-6437; CITYWIDE SEWR MAIN IMPROVEMENTS The following changes/clarifications have been made to the plans and specifications of the subject project: I. ADDENDUM TWO ITEM I NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before the hour of 2:00 pm, June 13, 2019. No late bids will be accepted. No other method of bid submittal will be accepted for: MODIFY: NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before the hour of 2:00 pm, June 19, 2019. No late bids will be accepted. No other method of bid submittal will be accepted for: Total pages for Addendum One = 1 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. FOR THE CITY OF SANTA ANA i (Ann tldo-F tandeVE�� A* or Civil Engineer SANTA ANA CITY COUNCIL Miguel A. pw4w Juan valepaa vicenle Sa Mio Wa ld Penwcza Jose SIMe wyoe reuWed s wads warna 'Mmst my,6do hLIM;Lpyr Marx ft m mane va•m�emaIDsartrana en rz nelena®zero. ar•a rn vacant Ceo4a1 asUf wam a wmV 4 L+p1es�II_i.Js �,L MAYOR Miguel A Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Soldrio CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Ave (M-85) Santa Ana, California 92702 www.santa-ana.org (714)647.3320 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mare -Ramirez ADDENDUM FOUR SUBJECT: PROJECT NO.17-6437; CITYWIDE SEWR MAIN IMPROVEMENTS The following changes/clarifications have been made to the plans and specifications of the subject project: I. ADDENDUM ONE ITEM 1 REPLACE with: Revised BID PROPOSAL; Pages (P-I to P-3) of P-17 (See Attachment) Description of changes: • Thickness clarification (T=2") -Bid Item 5 • Quantity Adjustment - Bid Item 6 2. APPENDIX A DEFENITION OF BID ITEMS Page 2 of 6 CURRENT Bid Item No. 4 - Asphalt Concrete (AC) Paving This work under this item consist of furnishing the material and placing asphalt concrete pavement; preparing, grading, and compacting the subgrade; and leveling course in accordance with the provisions of Section 302-5, "Asphalt Concrete Pavement," of the Standard Specifications and contract documents. Payment at the price bid per Ton shall be considered as full compensation for doing all work as specified above, and no additional or separate compensation will be allowed therefore. �i� SANTA ANA CITY COUNCIL Mg, IA Puldo JwavLapaa veame saimemo DzA Pena'!ma Jam Samoo WWI eaclaqamas Malmo Mary Vim ram, wu45 wval a2 wam3 wam4 Wnae p2LygQnma.ana= !bmaMumo-an•4m na.ymcowmi4m 4ry en Loiwror95an�saw om MquaRwlA,um 23A-36 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 20`s day of Auguest, 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 G.J. Gentry General Engineering, Inc. (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 famish 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 Citywide Sewer 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 Two Hundred Sixty-nine Thousand Eighty-nine Dollars and Eight -four Cents ($1,269,089.84), 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-37 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 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: hqp://www.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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-38 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ CLERK OF THE COUNCIL APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J644N 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: G.J. Gentry General Engineering, Inc. NAME: .ric ''S TITLE:QrG 4 4e--� 23A-39 Page 3 of 23A-40 Exhibit 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO.-17-6437 CITYWIDE SEWER MAIN IMPROVEMENTS Construction Contract $ _11269,090 Contract Administration $ 89,900 inspection and Testing $ 100,464 Contingencies $ 170,046 TOTAL ESTIMATED CONSTRUCTION COSTS Is 1,629;500 23A-41 23A-42