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20B - AA FOR WATER MAIN REPLACEMENT
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO ALL CITIES ENGINEERING, INC. IN THE AMOUNT OF $2,563,351 FOR THE SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT PROJECT WITH AN ESTIMATED PROJECT DELIVERY COST OF $3,332,355 (PROJECT NO. 15-6446) (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CK�7►111►1�1q�iC�. FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $1,832,355 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account, and appropriating the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. 2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $937,355 in construction funds for the St. Gertrude and Grand Avenue Water Main Replacement Project. 3. Award a construction contract to All Cities Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,563,351, for construction of Saint Gertrude and Grand Avenue Water Main Replacement Project, for the term beginning November 17, 2020 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,332,355, which includes $2,563,351 for the construction contract, $384,504 for contract administration, inspection, and testing; and a $384,500 project contingency for unanticipated or unforeseen work. 20B-1 Award Contract All Cities Engineering, Inc. November 17, 2020 Page 2 DISCUSSION Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The existing 8-inch diameter cast iron water main located at Saint Gertrude, Grand Avenue, Santa Fe Street, Eastwood Street, and Hathaway Street, which was installed in the 1960s, has been experiencing a number of significant breaks and leaks, and has been identified for priority replacement (Exhibit 1). The proposed water system improvements will include a new 8-inch and 12-inch polyvinyl chloride (PVC) water main, fire hydrants, water services, appurtenances, asphalt concrete pavement, and traffic striping. Once this project is completed, not only will water service reliability and general service quality improve significantly; but the ride quality, surface drainage, and appearance of the neighborhoods will improve (Exhibit 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 September 10 and September 11, 2020. The project was also advertised in PlanetBids from September 9, 2020 through October 6, 2020. Bids were received electronically via PlanetBids, on October 6, 2020. A total of 266 vendors, including vendors in the City of Santa Ana, were notified of the project via PlanetBids. Sixty-eight vendors requested bidding documents and eleven bids were received. No bids were received from Santa Ana contractors. Bid Results Summary Rank Bidder Name Location Base Bid 1 All Cities Engineering, Inc. Jurupa Valley $2,563,351 2 Lonerock, Inc. Irvine $2,608,625 3 CHI Construction Anaheim $2,898,212 4 Stephen Doreck Equipment Rentals, Inc. Pico Rivera $3,109,478 5 O'Duffy Bros Inc. Romoland $3,127,166 6 J. A. Salazar Construction & Supply Corp. La Habra $3,140,869 7 Ferreira Coastal Construction Company Rancho Cucamonga $3,141,722 8 Excel Paving Co Long Beach $3,143,045 9 Colich & Sons L.P. Gardena $3,158,649 10 MNR Construction Inc. La Verne $3,477,700 11 TE Roberts Inc. Orange $3,833,325 20B-2 Award Contract All Cities Engineering, Inc. November 17, 2020 Page 3 A total of 11 bids were received and all were deemed responsive. All Cities Engineering, Inc., submitted the lowest responsive bid in the amount of $2,563,351 (Exhibit 3). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to All Cities Engineering, Inc., in the bid amount (Exhibit 4). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost 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 materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,332,355. Project Item Total Construction Contract $2,563,351 Construction Administration, Inspection, Testing $384,504 Contingencies $384,500 Total Construction Delivery Cost $3,332,355 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2020-27 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $3,332,355, which includes construction, contract administration, inspection, testing, design engineering, and an authorized contingency of $384,500. Approval of the Appropriation Adjustment will recognize $1,832,355 in Public Works Water Revenue, Prior Year Carryforward account (No. 06017002-50001) and appropriate the same amount into the Acquisition & Construction Fund, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301). The following table summarizes the Funds budgeted for expenditure to deliver construction of this project: r1- Award Contract All Cities Engineering, Inc. November 17, 2020 Page 4 Fiscal Accounting Unit Accounting Unit - Year Account No. Fund Description Account No. Amount Project No. Description APPROPRIATION ADJUSTMENT 06617647-66301 Acquisition & Water Utility Capital 2020-21 (15-6446) Construction Projects, Water Capital $1,832,355 Project EXISTING PROJECT FUNDING 06617647-66301 Acquisition & Water Utility Capital 2020-21 (15-6446) Construction Projects, Water Capital $1,500,000 Project Total $3,332,355 All Funds are scheduled for expenditure in Fiscal Year 2020/21. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibits: 1. Location Map 2. Project Plan 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. 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B-16 s Lu ~d )\ \ \ _ � ° 2 }( \ j\(! - W O, - - : 02 \N � \\ / \ ` / » \ Mn ! \\ \, \: 11 \ 20B.17 \ : City of Santa Ana Page 1 Saint Gertrude and Grand Avenue Water Main Replacement (15-6446), bidding on October 6, 2020 2:00 PM (Pacific) Printed 10/15/2020 EXHIBIT 3 Bid Results Bidder Details Vendor Name All Cities Engineering, Inc Address 5881 Snowgrass Tr Jumpa Valley, CA 92509 United States Respondee Javier Castro Respondee Title Estimator Phone 951-255-3964 Ext. Email Javier_allcities@yahoo.com Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted October6, 2020 1:41:21 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 229614 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bld forms Bid.pdf General Forms Notary Ownership.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Bond Non-Cullusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Subs subs.pdf Subcontractor Listing Form Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Proposal 1 Mobilization and Demobilization` LS 1 $80,000.00 $80,000.00 2 Construct 8" Class 305 AWWA C-900 P.V.C. Water Main. Minimum Cover to Top of Pipe Shall be 48" to Finish Surface LF 3500 $125.00 $437,500.00 3 Construct 12" Class 305 AWWA C-900 P.V.C. Water Main Minimum Cover to Top of Pipe Shall be 48" to Finish Surface LF 2100 $130.00 $273,000.00 MISIMBAB City of Santa Ana Page 2 Saint Gertrude and Grand Avenue Water Main Replacement (15-6446), bidding on October 6, 2020 2:00 PM (Pacific) Printed 10/15/2020 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 4 Construct 16" Class 235 AWWA C-905 P.V.C. Water Main** LF 60 $200.00 $12,000.00 5 Construct 1" Water Service per City Std. Plan 1401 EA 42 $2,900.00 $121,800.00 6 Construct 2" Water Service per City Std. Plan 1402 EA 21 $3,600.00 $75,600.00 7 Construct 4" Water Service per City Std. Plan 1403E and 1403D EA 1 $23,000.00 $23,000.00 8 6" Fire Service per City Ste. Plan 1417 EA 9 $7,000.00 $63,000.00 9 8" Fire Service per City Ste. Plan 1417 EA 2 $7,500.00 $15,000.00 10 8" Resilient Wedge Gater Valve per City Std. Plan 1410 EA 12 $1,900.00 $22,800.00 11 12" Resilient Wedge Gate Valve per City Std. Plan 1410 EA 5 $2,500.00 $12,500.00 12 16" Butterfly Valve, Class 150 per City Ste. Plan 1411 EA 3 $7,000.00 $21,000.00 13 16" Line Stop EA 3 $25,000.00 $75,000.00 14 Fire Hydrant Assembly per City Std. 1405 EA 11 $8,300.00 $91,300.00 15 Fire Hydrant Assembly per City Std. 1407 and 1407A EA 2 $15,000.00 $30,000.00 16 Bore and Jack, Installation Steel Casing and Ductile Irion Carrier Pipe EA 1 $50,000.00 $50,000.00 17 Vertical offset 12 Feet Deep per City Std. 1413E EA 1 $18,000.00 $18,000.00 18 1"Air vacuum and Release Valve per City Std. 1415** EA 1 $3,500.00 $3,500.00 19 2" Blow Off Assembly and Thrust Block per City Std. 1414 EA 3 $3,200.00 $9,600.00 2i1hB. 3 City of Santa Ana Page 3 Saint Gertrude and Grand Avenue Water Main Replacement (15-6446), bidding on October 6, 2020 2:00 PM (Pacific) Printed 10/15/2020 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 20 Protective Posts EA 4 $1,500.00 $6,000.00 21 12" x 12" Hot Tap EA 1 $12,500.00 $12,500.00 22 Abandon Existing Water Service EA 23 $1,100.00 $25,300.00 23 CCTV Inspection of Existing Sewer Mains LF 5800 $4.00 $23,200.00 24 CCTV Inspection of Existing Sewer Laterals EA 38 $250.00 $9,500.00 25 Vertical Offset per City Ste. Plan 1413E (As Needed)"" EA 5 $18,300.00 $91,500.00 26 Additional Trenching Cost to Install Water Pipeline 18" - 30" Deeper (Total 66" to 78" cover) (As -Needed)"" LF 200 $50.00 $10,000.00 27 Additional Potholing (As Needed)"" EA 10 $800.00 $8,000.00 28 Unclassified Excavation CY 2004 $50.00 $100,200.00 29 Removal of 10" PCC Pavement CY 334 $74.00 $24,716.00 30 Asphalt Concrete TN 2061 $97.00 $199,917.00 31 Asphalt Rubber Hot Mix (ARHIvI) TN 1906 $95.00 $181,070.00 32 Asphalt Rubber Aggregate Membrane (ARAM) SY 12647 $7.50 $94,852.50 33 ColdMill (T=Y) SF 125210 $0.30 $37,563.00 34 PCC Bus Pad SF 3000 $28.00 $84,000.00 35 PCC Driveway Approach (Commercial T=8") SF 945 $23.00 $21,735.00 City of Santa Ana Page 4 Saint Gertrude and Grand Avenue Water Main Replacement (15-6446), bidding on October 6, 2020 2:00 PM (Pacific) Printed 10/15/2020 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 36 PCC Curb & Gutter (A-2-8)"" LF 201 $48.00 $9,648.00 37 PCC Cross -Gutter (Arterial Street) SF 1302 $22.00 $28,644.00 38 Adjust Manhole Frame and Cover to Finish Grade — EA 20 $1,500.00 $30,000.00 39 Furnish & Install Traffic Loop Type D EA 19 $255.00 $4,845.00 40 Furnish & Install Traffic Loop Type E EA 44 $240.00 $10,560.00 41 Signing and Striping LS 1 $40,000.00 $40,000.00 42 Traffic Control and Traffic Control Plan LS 1 $40,000.00 $40,000.00 43 As -Built LS 1 $15,000.00 $15,000.00 44 Permits LS 1 $20,000.00 $20,000.00 Subtotal $2,563,350.50 Asterisk Notes (per P-3 of P-17 of Specifications) - NOT part of Total Bid Calculation 45 = Mobilization/Demobilization bid item is limited to a maximum of 5% of the Total Bid ea 0 0 0 46 " = 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... ea 0 0 0 Subtotal 0 Total $2,563,350.50 20B. 21 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Ak\ C 1-t%-e S nG t A.ee V' AF3, t l C 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 famish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization/Demobilization(No more 1 LS $ $ than 5% total bid) %O t 00'� 2 Construct 8" Class 305 AW WA C900 3,500 LF $ $ P.V.C. Water Main, Minimum Cover �i 3a-1 Sao to Top of Pipe Shall be 48" to Finish [Z. 5 Surface 3 Construct 12" Class 305 AWWA C900 2,100 LF $ $ P.V.C. Water Main. Minimum Cover a to Top of Pipe Shall be 48" to Finish (3� 2�3rOC70 Surface '4 Construct 16" Class 235 AW WA C905 60 LF $ $ P.V.C. Water Main 201Z �2t Oo0 5 Construct 1" Water Service per City 42 EA $ $ Std. Plan 1401 '2tci0o I2/r $Oo 6 Construct 2" Water Service per City 21 EA $ $ Std. Plan 1402 3 / boo 5 tfodfl 7 Construct4" Water Service per City 1 EA $ $ Sad. Plan 1403B and 1403D 231 s vo 7-3 8 6" Fire Service per City Std. Plan 1417 9 EA $ 5 0, o00 9 8" Fire Service per City Sul. Plan 1417 2 EA $ �tSaJo S (SiOJO 10 8" Resilient Wedge Gate Valve per 12 EA $ $ City Std. Plan 1410 j 1 ct o p 22r800 11 12" Resilient Wedge Gate Valve per 5 EA $ $ City Std. Plan 1410 2t Suo 17,1 50.7 12 16" Butterfly Valve, Class 150 per City 3 EA $ $ Std. Plan 1411 -�)'k000 24 �OOp P-1 ofP-19 20B-22 CITV OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT licit Descripilon Qty Unit Unit Price Amount 13 16" Line Stop 3 EA $ $ 2sf000 --S(oQ0 14 Fire I lydmnt Assembly per City Sid. I I EA $ $ 1405 S, 30o 411 1300 15 Fire Hydrant Assembly per City Sid. 2 EA $ $ 1407 and 1407A I S1 3 of Qlz� 0 16 Bore and Jack, Install Steel Casing and 1 EA $ $ Ductile Iron Carrier Pipe 50, O .50100Z 17 Vertical Offset 12 Feet Deep per City 1 EA $ $ Sid.1413B I$ Otzo 18 1" Air Vacuum and Release Valve per 1 EA $ $ City Sid, 1415 3, 19 Y' Blow Off Assembly and Thrust 3 EA $ $ Block per City Sid.1414 3,2mc� 20 Protective Posts 4 EA $ $ 21 12" X 12" Hot Tap 1 EA $ $ 121StJo Mr SDo 22 Abandon Existing Water Service 23 EA $ I 100 t 2513;z),Q 23 CCTV Inspection of Existing Sewer 5,800 LF $ Lt. $ Mains 00 2 3 r 200 24 CCTV Inspection of Existing Sewer 38 EA $ $ Laterals `L,50 01 S0p •25 Vertical Offset per City Sid. Plan 5 EA $ $ 1413B (As Needed) 1913----,:) °1 11SJo 26 Additional Trenching Costs to Install 200 LF $ $ Water Pipeline 18"— 30" Deeper S0 (Total 66" to 78" cover As -Needed •27 Additional Potholing( As Needed) 10 EA $ S �l0 bI'k10 28 Unclassified Excavation 2,004 CY $ $ .SO l aD1 2.y •29 Removal of 10" PCC Pavement 334 CY S $.'f 30 Asphalt Concrete 2,061 TN $ �t, S 01-+- I�q,g1� 31 Asphalt Rubber Hot Mix (ARHM) 1,906 TN $ �S $ IS1,0'30 32 Asphalt Rubber Aggregate Membrane 12,647 SY S $ (ARAM) 1 ci4f-L 2 S P-2 of P-19 20B-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT Item Description Qty Unit Unit Price Amount 33 ColdMill (T=3") 125,210 SF $ 30 $ PIs63 34 PCC Bus Pad 3,000 SF $ 'L 8 $ �YI OJO 35 PCC Driveway Approach (Commercial 945 SF $ $ T-s") 23 •36 PCC Curb & Gutter (A-2-8) 201 LF $ 8 $ qt �ti� y 37 PCC Cross -Gutter (Arterial Streets) 1,302 SF $ 22 $ 2S�rot(t( •38 Adjust Manhole Frame and Cover to 20 EA $ $ Finished Grade 3o1;�00 39 Finnish & Install Traffic Loop Type D 19 EA $ ass $ yt84s 40 Furnish & Install Traffic Loop Type E 44 EA $ 24� $ � a,56o 41 Signing and Striping i LS $ $ yolw �{�tpCYJ 42 Traffic Control and Traffic Control 1 LS $ $ Plan gtJtOO> brood 43 As -Built 1 LS $15,000 $15,000 44 Permits 1 LS $ $ P-3 ofP-19 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT TOTAL BASE BID $ 2, 5 b3/ 3 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within One hundred sixty 0 60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name of Firm All C-rheS Tt-lc- a 1 Signature of BIDDER Title 00A,-% j0K r Mol iot (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-4 of P-19 20B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT BIDDER'S STATFMF,NT 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 alter 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 All C rhf s }Costa rC 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.) P-5 of P-19 20B-26 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT 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: AID C6-cs En4,vie-r6n4,:tAnC. Business Address: 5 8&1 SH owr r ,% s r 'Ival I U Vn2c valley 4CA GI?SY7ri Business E-Mail Address: ;ic6%:j W G IIG-lie,@ y44eo • co#Ln Telephone: C15(• 15S• 3g6t/ State Contractor's License No. and Class: I 0q-114I ( A) License Expiration Date: if / 30% 7- State Dept. of Industrial Relations (DIR) Registration No.: I coo(D 4t/$/S State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6 /30/ 202 I Signed: n Title: /, Qft#,4-AroH1 /VIRn A'3�4•- P-6 of P-19 20B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT 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 Signa Title (if an P-7 of P-19 crry OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT QWNP.RSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANIGE ) SS: CITY OF SANTA ANA ) t� __[`T�O�Qhlb �4M1Lf7 ,being duly swom,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-pmmctship by: who constitute the other members of the co -partnership. CORPORATION Thatheis�!yyf: i' y"eS'i dtn All CVAt J t3r..i,b..ele:ry y. , a corporation which is making the foregoing proposal: ❑ JONT VENTURE That he is of 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 contract, for himself or any other person. A?4310/VIe �R�ll>zEZ Signature of Bidder Subscribed and swom to before me this S day of OG401-e,.- 20'Z0 L Si re of officer Administering Oath (Notary Public) JAVIER CASTRO GONZALEZZ Cortlmlaslon No. 22814M win HOTAMY PUSIIc MFORMA RMRSIOE COUNTY I My Comm. EMmN CH I7.2= P-8 ofP-19 20B-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15.6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT IUII ll(1�1) KNOW ALL PRESENT that, ALL CITIES ENGINEERING, INC. , as BIDDER, and OLD REPUBLIC SURETY COMPANY , as SURETY, are held and Iinuly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars (S 101 I, which is ten percent (10%) of the heal amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which suet. 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 anarded 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 \YHFREOF the parties bereto have set their names, titles, hands, and seal this STH day of OCTOBER 2010 BIDDER* ALL CITIES ENGINEERING. INC. - E.: SURETY" -A?Ola,NJb FAMif EZ 534 E. Subscribed and swom to before me ,'0_ Signature: Notary Public in and for the Count}• of , State of ATTORNEY -in -FACT this day of • Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-9 of P-19 20B-30 * OLD * REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP E. VEGA, KEVIN VEGA, OF COVINA, CA its true and lawful Atlomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company, thereto (if u seal is rcquirxd), bonds, undertakings, recognizanecs or other written obligations in the nature thereof, (other than bail bonds, bank dela'siWry bonds, muligag¢ dd iciency binds, mortgage gum'anly bonds, guaiwams of installnunl paper and note guaranty bonds, self-insurance workers compensation bonds guamniccing Payment M benclils, avbcalos uhulcnunl contract bonds, waste management bonds, hazardous waste remediation bonds ar black Inng hnndsl. us follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the nets of said Allomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on Febmary 18, 1982. This Power of Attorney is signed and scaled by facsimile wider and by the authority of die following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on Febmary 18, 1982. RESOLVED that, die president, any vivo-pmsidant, or assistant vice Tanaidrnl, in conjunction with the secretary or soy assistant secretary, may appoint allonicys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to exceute and deliver and a1Tix the seal of the company to bonds; undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any band, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andscaled (if a seal be required) by a duly authorized anamey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or mare auomeys-in-fact or agents pursuant to and within the limits oflhe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same tome and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 28TH day of JULY 2020. OLD REPUBLIC SURETY COMPANY SEA6 Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ``` T.•"'` President On this 29TH day of JULY• 2020 , personally came before me, Alan Pavlic and Karen 1 Haffner , m me known. to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they arc the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of of mid corporation. ;- sf jaTAq '. { ' iV Notary Public My camnussran cxphr's:9/2S/2022 CERTIFICATE (Expiration of notary commisat0n does not Invalldat• Ws Imbumont) L the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing end attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the PowcrufAtmmcy, am now in force. 74-0061 "'w���w Signed and scaled at the City ofBrookficid, W1 this dayof .�, flip"'qSEAL;;'!' Assistant Seclow/1 �. Ile C & D BONDING & INS SERVICES 22851-W POAORS 012020 - - - -- 20B-31 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �Y"IFS'_F.tC1RA�L•`Ck`Yw.NY.ii.19^.IYIcYS2\11-T.iYK"l.'x'.R�K"S'.r:Qt3'�i.^ffiK"Y'.s�'k'Yi .ii'CK'�a(c'l�C t' A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of LOS ANGELES ) On 10/05/2020 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KEVIN VEGA, ATTORNEY -in -FACT Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person'(s), whose names) Ware subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/tterJtheir authorized capacity(les), and that by hisRlec/fhein signatureN on the instrument the person(s), or the entity upon behalf of which the personN 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 2fficial s . =0I{` PHILIP _ Notary Public - California Los Angeless County Eaunty I Signature 96 Commission A2327592 Si e Notary Public My Comm, Expires May 31, 2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-600-876-6827) Item N5907 20B-32 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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. Stale of California } County of RvS�die, } On 1115/2z)20 before me, Tc,%A ew- Cnjiio 6w(, R�-3 , ara a personally appeared — 9�L (�cs•11ri who proved to me on the basis of satisfactory evidence to be the person(s}whose name(tislaFe-subscribed to the within instrument and acknowledged to me that helstle/they executed the same in his/hedtheir authorized capacity(aes}; and that by hisHter/theicsignature(e)-on the instrument the person(s)r or the entity upon behalf of which the persorl(e}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. ADDITIONAL OPTIONAL INFORF DESCRIPTION OF THE ATTACHED DOCUMENT (ifle or description of attached document) (Tide or description of attached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Tile) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www. NotaryClasses.com 300-R73-9B05 JAVIER CASTRO GONZALEZ i Commission No. 22$1486 t � NOTARY P{18LIC-GIItpRiylA RIVERSIDE COUNTY M' Ce-n. EsWrN MARCH 17. 707a (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM 77isform complies with current California statutes regarding notary wording and, fneeded, should be completed and attached to the document. AcAorouiedgments from other states may be completed far documents being sent to that state so long as the wording does not require the California notary to violate California rotary law. • Stare and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and than your title (notary public). • Print the name(s) of document signet(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshdrheyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. or Additional information is not required but could help to ensure this acknowledgment is not misused or enacted to a different document. Indicate title or type of attached document, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, secretary). • Securely attach this document to the signed document with a staple. 20B-33 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT LIST OF SUB -CONTRACTORS Section 4100 cl. 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: '/a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 'b% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Depmtment of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name S-J '�, pcven..a Mw License #/Exp. ?� 3o6 S 3'G DIR Reg. #/Exp. 22 Location Cy is GA Phone-:-Iy.005--V1100 Type Of Work g1inV�'—e Amount $ z C11 3 D41. 00 Name Cc4korhrc, Q.o�P35ia�oS l=n License #/Exp. —1,53go1 V11o/21 DIR Reg. #/Exp. too License # �- ;e101} Location5?VICAW Phone G 2 - glo — Isis, Type Of Work TV4:66-t w003 Amount $ 1-C , V -�S. 00 Name /aty"eArA4% VFvemeA-F SysFeMs.7Ytt License #/Exp. C,q9-A-ti2. DIR Reg. #/Exp. 1000002,0Ar License # �1 3 Al Location M o 't Piv I cpr _ Phone 295t • 5 TT - 22 k4 Type Of Work A? -A," Amount$ 61Igeb1;0•i1 i nature of Bidder Name nh Q01hA-tVtAd SwVeVtvtS,zvlc License #/Exp. b13.3 DIR Reg. #/Exp. I 0,)03Q 3100 Location V,-G<fa dl cA Phone 0100l -- .2 - 2221 Type Of Work Amount $ (e , 3 00 Name iJraro��f S V�OVOe%_ License #/Exp. 21 T61SZ DIR Reg. #/Exp. (OUODO04L License# 21.5'tSi Location Leala< FU'cS4- Phone —H14 - V111!- 1 dT f Type Of Work A-s8t%^ 14-, AyiM t]v Ai y Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-10 of P-19 20 B-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT 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• Ci+Y or Y•.,4-,-, A,. - Name and Address of Owner. _ Name and Telephone Number of person familiar with project. g 2. y n^ k-wo-C, .AAA:. g o•/ (On-J'& 1 Contract Amount Type of Work Date Completed 2. C iiY o� �DWne./ Name and Address of owner. Lo,.r� (5;62) io2-i86S _ Name and Telephone Number of person familiar with project. II,ti AA W-4-cv 6/241/2<� Contract Amount Type of Work Date Completed 3. C i4•1 Df Dowrrty Name and Address of owner. CS6P l,oee 4ewclr 3oY-7$65— Name and Telephone Number of person familiar with project. I :; oa k wo4-c— I// 2S/ /,1 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. o^4v� c1 3' 2-err/oaf B arms 57Y F RA664 s4- (626� �s� • �a-r� r, ��,1 ��s� P-11 ofP-19 20B-35 CITY OF SANTA ANA PROPOSAL PROJECT NO.: I5-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT ADDITIONAL REITRRNCP.S The following are the mmnics, addresses, and telephone numbers for THREE public agencies for which the 1111AWR or Subcontrnctor has performed similar work in the past five years. fet Name and Address of Ov Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Narne and Address of owner. Nance and Telephone Number of person familiar with project. 3. Contract Amount Name and Address of owner. Name and Telephone Number Contract Amount Type of Work person familiar with project. Type of Work 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. C �n�Y�C�o✓S O%AOA Otu tivnvf QmLn CAi 5 S*ir.l P 9Rdj%[9h C CA- ei 7-321- (GZA�) $54i . -4-GgG P-12 of P-19 20B-36 ALI_ CITIES ENGINEERING INC. References 1. City of Pico Rivera Project name: Passons Bridge underpass Value: $200,000.00 Description: Remove and repair PVC pipe and construct concrete V gutters, curbs and Landscape. Contact: Kenner Guerrero (562) 801-4351 2. City of Pico Rivera Project Name: Citywide Concrete Improvements Value: $220,000.00 Description: Remove and repair various sidewalks, curb and gutters, ADA ramps, curbs, and trees throughout the City. Contact: Kenner Guerrero (562) 801-4351 3. City of San Jacinto Project Name: Pedestrian Upgrades Value:$225,000.00 Description: Remove and replace various ADA Ramps, driveway approach, and sidewalk throughout the City. Contact: Sean Motlagh (949) 232-6153 4. City of San Jacinto Project Name: Citywide Upgrades Value:$100,000 Description: Repair various manhole, repair curb inlets, and repair AC pavement. Contact: Danny Astorga (951) 634-5261 1 20B-37 i, CITIES HNGINEERING INC References S. City of Duarte Project Name: Citywide Sidewalk Improvements Value: $90,000.00 Description: Remove and repair various sidewalks, curbs, driveway approaches, and Ac pavement throughout the City. Contact: Teresa Renteria (626) 705-4837 6. City of La Habra Project Name: Citywide Sidewalk Improvements Value: $320,000.00 Description: Concrete improvements including the installation of sidewalks, curbs & gutters, driveway approaches, curb, and ADA ramps. Contact: Cesar Rangel (562) 383-4158 7. City of Orange Project Name: Annual Concrete Replacements at Various Locations Value: 325,000.00 Description: Remove and replace sidewalks, ADA ramps, curb & gutter, driveway aprons, and trees. Contact: Fabio Quinones (714)-744-5526 2 KFIJEMOO ALL CITIES ENGINEERING 1NC. 8. City of Downey Project Name: Civic Center Drive and Hall Road Water System Improvement Project Value $400,000 Description: Installation of new main, fire hydrant assemblies, water service lines, meter and boxes; Installation of gate valves, tees, bends, thrust blocks, and fittings; abandoning of existing water mains and service lines. Contact: Lorena Powell (562) 302-3865 9. City of Norco Project Name: Norco MDP Line NO Extension Storm Drain Project Value:$400,000 Description: Installation of RCP 18" and 24" catch basins, manholes, junction structures, local depression, cold mill, and related work. Contact: Dan Cuthbertson (951) 545-7872 10. City of Oceanside Project Name: Vista Way/El Camino Real Sewer Relocation Value: $150,000 Description: Abandon existing 6" pipe and construct 8" SDR 26 PVC pipe, install new concrete manhole, modification & rehabilitation of existing manholes, sewer bypass pumping, and maintain/replace traffic loops. Contact: Shukri Sharabi (760) 717-6161 11. City of Costa Mesa Project Name: North Del Mar Storm Drain Repair Value: $72,500 Description: Remove existing 24" corrugated metal pipe and install 24" with sack 1 slurry, construct new junction structure and manhole, connect 24" RCP storm drain to existing CMP storm drain and pave trench. ' Contact: Kelly Dalton (714) 466-0360 0 20B-39 ALL CITIES BNGINI',Ii1tING INC. 12. City of Downey Project Name: Woodruff Water Main Improvements Value: $1,900,000 Description: Remove and replace existing 8" and 12" water main pipe, 1"-4" water services, fire hydrants, FDC, water meters, valves, concrete, and asphalt in various locations. Contact: Lorena Powell (562) 302-3865 Completed: 6/20/20 13. City of Santa Ana 0 rl- -1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6446 SAIN'r GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT 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 prosecution. Signed A ppi`oN10 RAM i e CZ State of California County of ylv ri4 Subscribed and sworn to (or affirmed) before me on this S day of OWo 20Z1 by ,4p.1�W9 proved to me on the basis of satisfactory evidence to be the person(e}who appeared before me L' ry Public Signature Notary Public Seal _ JAVIER CASTRO GONZALEZZ u ComAWbnNo. AL2WOWA 8 3f ' Hr�WERSOECOMo nn RNERSRIE CWXTY M/Gomm. EyrMIAAR 17. 2073 f P-13 ofP-19 20B-41 I Y f ALL CITIES ENGINEERING INC. 5881 Snowgrass Trail Jurupa Valley, Ca. 92509 10/05/2020 (VALID for ONE YEAR) To Whom It May Concern: By my signature on this statement, I, t4?of ovl'i,z QAMIRLi Preei den i authorize the Name (please Print) Title Following employees to represent, and sign on my behalf, in the City of Santa Ana, as the applicant, until this authorization is rescinded by me (in writing). Sincerely, f}�ol.�N� �lrMf2� Original Signature List of Authorized Representatives: ii �Avt P,r C4 S"fW Au rued Representative's Original Signature Print Name Authorized Representative's Original Signature Print Name 20 B-42 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 171h day of November, 2020 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 All Cities Engineering, Inc. (hereinafter "CONTRACTOR"). WFFNESSETH: 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 Saint Gertrude And Grand Avenue Water Main Replacement 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 Two Million Five Hundred Sixty-three Thousand Three Hundred Fifty Dollars and Fifty Cents ($2,563,350.50), 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. 09/012017 20 B-43 Pagel 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. 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: ht_pt://www.santa-ana.org/pwa/docunients/CWA.r)df CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials famished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; 20 B-44 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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. (W. T. L J FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All Cities Engineering, Inc. M01QA o R AAA-M z NAME: Apolonio Ramirez TITLE: President 20B-45 Page 3 of 3 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 15-6446 : SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT Construction Contract $ 2,563,350.50 Contract Administration $ 170,000.00 Inspection and Testing $ 214,504.50 Contingencies $ 384,500.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,332,355.00 ri- \ 77 b= °/ o; §\o §0} \ §\} 2 ® GfG®\f n3) n\!{ 0 G %e! �/# L / § \ zF- § U 2 0\ [ § © §\: (§ u §\ 03: { \ k)