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Home My WebLink About23B - WILLARD SEWER MAIN 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 $805,829 FOR THE WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $1,047,579 (PROJECT NO. 16-6466) (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1B; 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd 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 $805,829, for construction of the Willard Neighborhood 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 $1,047,579, which includes $805,829 for the construction contract, $120,875 for contract administration, inspection and testing, and a $120,875 project contingency (approximately 15% of the construction contract amount), to be paid with Sanitary Sewer Capital funds. DISCUSSION To determine sewer main pipeline replacement priorities, Public Works staff monitors pipeline condition by assessing critical factors such as history of pipeline breaks, pipe size, alignment, location, and system redundancy. The existing 6-inch-diameter vitrified clay sewer main pipes located in the Willard Neighborhood, installed in the 1920s, are deteriorating, lack of capacity, and have been identified for priority replacement (Exhibit 1). The Willard Neighborhood Sewer Main Improvements Project will install approximately 2,600 linear feet of new 8-inch polyvinyl chloride sewer main pipes, sewer laterals, and sewer manholes. Once this project is completed, the improved sewer system will eliminate sewer main obstructions, prevent sewer overflows, and reduce sewer maintenance requirements. 23B-1 Award Construction Contract to G.J. Gentry General Engineering, Inc. Willard Neighborhood Sewer Main Improvements Project August 20, 2019 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 10 and 15, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on June 5, 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 106 vendors, including 5 located in the City of Santa Ana, were notified of the project via PlanetBids. 43 vendors requested bidding documents and 12 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 $805,829 2 Christensen Brothers General Engineering, Inc. Apple Valley $820,570 3 CHI Construction Anaheim $994,250 4 Vasilj Inc. Irwindale $1,083,750 5 MNR Construction Inc. La Verne $1,089,200 6 William Bonadiman Riverside $1,179,200 7 SRD Engineering, Inc. Anaheim $1,225,410 8 DVD Construction Long Beach $1,237,600 9 Mike Prlich and Sons, Inc. Baldwin Park $1,239,290 10 Excel Paving Co Long Beach $1,363,363 11 E12 Beador Construction Company, Inc. Corona $1,899,300 Mike Bubalo Construction Co., Inc. Baldwin Park $2,329,000 All 12 bids received were deemed responsive. G.J. Gentry General Engineering, Inc., submitted the lowest responsive bid in the amount of $805,929 (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). 23B-2 Award Construction Contract to G.J. Gentry General Engineering, Inc. Willard Neighborhood Sewer Main Improvements Project August 20, 2019 Page 3 Project 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 $1,047,579. Construction Contract $805,829 Construction Administration, Inspection, and Testing $120,875 Contingencies $120,875 ESTIMATED CONSTRUCTION DELIVERY COST $1,047,579 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), and Strategy 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-2018-141 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 $1,047,579, 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: 23B-3 Award Construction Contract to G.J. Gentry General Engineering, Inc. Willard Neighborhood Sewer Main Improvements Project August 20, 2019 Page 4 Fiscal Accounting Unit - Fund Accounting Unit - Year Account No. Account No. Description Account No. Description Amount FY 2019- 05417647-66220 Sanitary Sewer Capital Recovery Charges 20 (16-6466) Capital — Improvement Other Than $1,047,579 July -June Building Total $1,047,579 All Funds are scheduled for expenditure in Fiscal Year 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: Z� Fuad S. Neiss, PE, PLS Kathryn Downs, CPA Executiv Director Executive Director Public Wc fks Agency Finance and Management Services Agency Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 23B-4 Exhibit 1 wTi i Aan - wAgn ® PROJECT LOCATION SA AANA Project No. 16-6466: PWA Willard Neighborhood Sewer Main PBBOCW MAGBBCY Improvements 23B-5 City of Santa Ana Willard Neighborhood Sewer Main Improvements (16-6466), bidding on June 5, 2019 2:00 PM (Pacific) Bid Results Bidder Details 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 909-6354601 Ext. Email bryanm@g)gentry,com Vendor Type CADIR License # 991354 CA DIR Bid Detail Bid Format Electronic Submitted June 5, 2019 11:39:28 AM (Padfic) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 180943 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name General Fortes General Forrns.pdf Ownership Affidavit Ownership Affldavltpdf Bid Bond Guaranty Bid Bond Guarardy.pdf Non -Collusion Affidavit Non-Colluslon Affidavh.pdf Line Items Type Item Code UOM Base Bid Proposal 1 MoblllzationlDemobllization` LS 2 Remove Fxlsting and Construct 8' PVC SDR-26 Sewer Main LF Qty Unit Price 1 $38,667.86 26M $124.89 Page 1 Printed 071IM019 Exhibit 2 File Type General Fortes Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addltlon Non-Colluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Total Comment $38,887.88 $324,714.00 PlanetBlds, Inc. 23B-7 City of Santa Ana Page 2 Willard Neighborhood Sewer Main Improvements (16-6466), bidding on June 5, 2019 2:00 PM (Pacific) Printed 07/16/2019 Bld Results Type Item Code U0M Qty Unit Price Line Total Comment 3 Construct New P.C.C. Sewer Manhole EA 11 $4.609.87 $49.608.67 .... ..... ... 4 Remove Existing Sewer Manhole EA 11 $1,316.96 $14,486.60 5 Construct4l' or6' PVC Sewer Lateral and Cleanoutfrorn Sewer MeInto Property Line per C.S.AStd. 1204 (Open Trench) EA 69 $2,631.82 $181,595.68 6 Construct Driveway Approach SF 2000 $13.80 $27,600.00 .......... ....... . . 7 Sewer Flow Level Monitoring and Alarming Device EA 2 $6,141.00 $12,282.00 a CCTV Inspection of Newly Constructed PVC Sewer Main and Newly Constructed PVC Sewer Laterals (Open trench/Pipe Burst) LS 1 $8,809.46 $8.809.46 9 Traffic Control LS 1 $29,081.88 $29,081.88 . .... ... .. 10 Imported Backflll for Sewer Main Construction (Trench zone backfill only)" CY 1000 $76.18 $76,180.00 .. ........ ... 11 Signing and Striping LS 1 $3,428.15 $3,428.15 12 Project Advertising Sign EA 1 $4,374.97 $4.374.97 13 As-Bullt LS 1 $25,000.00 $25.000.00 14 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $805,829.03 Asterisk Notes (per P-3 of P-16of Specifications) -NOT part of Total Bid Calculation 15 MobIlIzatlon/DernobIlIzation bid Item Is limited to a maximum of 5% of the Total Bid as 0 0 0 16 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 Specifications... ea 0 0 0 Subtotal a Total $805,829:03 1 PlanatBlds, Inc. 23B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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: Item Description Qty Unit Unit Price Amount 1 Mobilization/Demobilization (No more 1 LS S $ than 5% total bid) 38,667.86 38,667.86 2 Remove Existing and Construct 8" PVC 2600 LF S $ SDR-26 Sewer Main 124.89 324,714.00 3 Construct New P.C.C. Sewer Manhole 1 I EA $ S 4,509.87 49,608.57 4 Remove Existing Sewer Manhole 11 EA S $ 1,316.96 14,486.56 5 Construct 4" or 6" PVC Sewer Lateral and 69 EA $ S Cleanout form Sewer Main to Property 2,631.82 181,595.58 Line ver C.S.A. Std. 1204 (Open Trench 6 Construct Driveway Approach 2,000 SF S S 13.80 27,600.00 7 Sewer Flow Level Monitoring and 2 EA S S Alarming Device 6,141.00 12,282.00 8 CCTV Inspection of Newly Constructed I LS S $ PVC Sewer Main and Newly Constructed 8,809.46 8,809.46 PVC Sewer Laterals (Open trench/Pipe Burst 9 Traffic Control I LS S S 29,081.88 29,081.88 10 Imported Backfill for Sewer Main 1,000 CY S S Construction (Trench zone backfill only)* 76.18 76,180.00 11 Signing and Striping I LS S S 3.428.15 3,428.15 12 Project Advertising Sign 1 EA S S 4,374.97 4,374.97 13 As -Built I I LS I 525,000 525,000 P-1 ofP-I6 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 14 Labor Agreement Oversight I LS S10,000 $10,000 TOTAL BASE BID S 805,829.03 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). ° 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 ninety five (95) working days after the commencement date stated in the Notice to Proceed. • 15 —Working Days for exploratory potholing and data gathering ° 80 — 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 $1,500 per calendar day. Name of Firm G.J. Gentry General Engineering, Inc. Signature of BIDDER Title Chief Estimator (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 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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 z Title Chief Estimator (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-3 of 1'-16 23B-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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) 06/23/2019 Registration Expiration Date: Signed: Title: P-4 of P-16 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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 g, 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 Chief Estimator (if an individual, so state) P-5 of P-16 23B-13 e 6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITYOF SSANNTAA A/NANA /' ` �d-w 1 /t N r t/"+t� , being duly sworn, deposes and says: ❑INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. WORPORATION Tt aft he is� r`Incl. a corporation which is makingg the foregoing proposal:([�r.Yl C ❑ JOINT VENTURE That he is of. one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on 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 contract, for hit elf or a erson. mature of Bidder Subscribed and swom to before me this day of 20 Signature of officer Administering Oath (Notary Public) P-6 of P-16 ____23B-14 r'• 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 5th day of June , 2019 by Garrett Gentry proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. ALLYSON FREDERICKSEN a Commission #2226564 c of Notary Public • California N Son Bernardino County ro my Comm. Expires December 2E, 2021 (Seal) Signature 23B-15 . 1: re Bond No. CSBA-10943 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS felt 7:iiJ.17 KNOW ALL PRESENT that. Garrett 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 ($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 29th day of May , 2019 . BIDDER' 1297 W 9th Street SURETY* 625 The City Drive So.. Ste. 205 umnge, eA 9 067 (714) 51&1232 Subscribed and swom to before me t I day of , 20— Signature: Notary Public in and for the County of Stale of Provide BIDDER/ SURETY name, address, and telephone number and the name, title; address, and telephone number of authorized representative. P-7 of P-16 23B-16 .1 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 5/29/2019 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) islare 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. NN vacca;0'241394em lic-California COUNTY MRX_ \\_ _ies May 12,2022K Signature Melissa Ann acca�Vaccaro r11H SLrnO (Seal) 23B-17 POWER OF ATTORNEY AMERICAN CONTRACTORS INDENINITY COMPANY TEXAS BONDING COMPAW UNITED STATES SURETY COMPANY 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, aMaryland 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 true and lawful Attomey(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 November 3,2019. 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 that the President. any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint arty one or more suitable persona as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Face may be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, ree gniza"ces, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any 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 sealed and eD'ected by the Corporate Secretary. Be it Resohrd that the signature of any authorized officer and seal of the Company heretofore or hereafter affued to my power of attorney or am certificate relating thereto by facsimile, and my power of ano ncy or certificate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Ist day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ...... yClOjp'.'1. +`ES SUFE. ,..J..... Cy" ,.a.`y m�•.'Ow �OEI-�44 J1 f'% r r*_ _W. ,"2=k+'�/�7 _. _Na/�ipq� :tali' By: 1�� r -'t\ AN -'`• [N 't`£ i's`y Daniel P. Aguilag Vtce r s d 'syt%N�dod': i'•.,wEOi tE�..ex ten✓" �. ' 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 Morgervein, 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, or 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 pamgmph is true and correct. WITNESS my hand and official seal. SABINA MOBGENSTEIN Signature commission a 2129258 gn (Seal) Notary os AngelIs Angeles County My Comm. Excites Now 3. 2019 1, Kin 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 awe 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 29th day of als 2019 . V CoRlorate Seals 'i;o z.'s-4-; 'r 3 0�11. 1.4Q4L4jg2 RF/�""h 3e DNDINO ei .+Y"1^ii^ruy2y fir 'Ga I� Or =f1 • fi iyd E }��i �_ _W' C3 'Wi IZ� Bond No. CSHA-10943 s% i pa,.. �� g t .�,g ;�; a �,�4 � a � � 1Cio Lop Assistant Secretary Agency No. 8472 -dF 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 Bernardino On 6/5/19 before me, Allyson Fredericksen, 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 FMEMMEN jj a Commission/2226564 c N Notary Public • California m WITNESS my hand and official seal. son Bernardino County TO My Comm. Expires December 24 2021 Signature (Seal) 23B-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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: Y2% of the bid or S 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 fines listed below: Name ALL WORK TO BE DONE BY GJ GENTRY License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount S Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount S Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ i 1 I1 0- Vinature of dd Name _ License #/Exp. DIR Reg. #/Exp Location Phone _ Type Of Work Amount $ Name _ License #/Exp. DIR Reg. #/Exp License # _ Location _ Phone _ Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-16 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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. 1. 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 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 Stupy (714) 920-6046 Name and Telephone Number of person familiar with project. $1,604,925.00 Underground Utilities anConcrete Contract Amount Type of Work 3. City of Fullerton 303 W. Commonwealth Ave. December 2018 Date Completed Name and Address of owner. Jose Madena(714) 738-6863 Name and Telephone Number of person familiar with project. $1,200,000.00 Underground Utilities and Concrete On -Going 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 St. Orange, CA. Dan Huckabay (714) 516-1232 2�6 3BP1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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 street improvement work in the past 5 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. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P-10 of P-16 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, 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 BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to rriminal nrncerwinn 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 Notary Public Signature Notary Public Seal P-1I ofP-16 23B-23 X. 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 5th day of June , 2019 , by Garrett Gentry proved to me on the basis of satisfactory evidence to be the person(s) whoa peare f ALLYSON FREDERICKSEN N Commission #2226564 c Notary Public California N Son Bernardino County My Comm. Expires December 242021 (Seal) Signature 23B-24 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER 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 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. . Signed: Title: Chief Estimator Finn: G.J. Gentry General Engineering, Inc. Date: 06/05/2019 P-13 of P-16 23B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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 $30,000 or 20 working days shall: I. 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: 6 --U "M A Title: Chief Estimator Finn: G.J. Gentry General Engineering, Inc. Date: 06/05/2019 P-14 ofP-16 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD 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. Signed: aw- IMS-09 Title: Chief Estimator Firm: G.J. Gentry General Engineering, Inc. Date: 06/05/2019 P-15 of P-16 23B-28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. Hof P-16 B-29 23B-30 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 16-6466 WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 20a' 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: 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 Willard Neighborhood 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 deemed by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Hundred Five Thousand Eight Hundred Twenty-nine Dollars and Three Cents ($805,829.03), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23B-31 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: htW://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,.fumish 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. // 23B-32 Paget of 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 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: G.J. Gentry General Engineering, Inc. AMEN •_/'I C+j�...%r�r� TITLE: Page 3 of 3 23B-33 23B-34 Exhibit 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-6466: WILLARD NEIGBORHOOD SEWER MAIN IMPROVEMENTS Construction Contract $ 805,829 Contract Administration $ 51,000 inspection and Testing $ 69,874 Contingencies $ -120;875 _ TOTAL ESTIMATED CONSTRUCTION COSTS Is -1',047,579 23B-35 23B-36