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HomeMy WebLinkAboutItem 22 - Construction Contract for Fuel Station Replacement Project22. Award of a Construction Contract to GEMS Environmental Management Services, Inc. to Construct the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053) (Non -General Fund) Department(s): Recommended Action: 1. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include an additional $842,630 in construction funds for the Fire Station 74 Fuel Station Replacement Project (Project No. 24- 6053). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $842,630, which includes $674,104 for the construction contract, $101,115 for contract administration, inspection, and testing, and $67,411 for unanticipated or unforeseen work. 3. Award a construction contract to GEMS Environmental Management Services, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $674,104, subject to change orders, for construction of the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053), for a term beginning January 20, 2026 and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-116 will be filed for Project No. 24-6053. Public Works Agency www.santa-ana.org/pw Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 20, 2026 TOPIC: Award of a Construction Contract to Construct the Fire Station 74 Fuel Station Replacement Project AGENDA TITLE Award of a Construction Contract to GEMS Environmental Management Services, Inc. to Construct the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include an additional $842,630 in construction funds for the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $842,630, which includes $674,104 for the construction contract, $101,115 for contract administration, inspection, and testing, and $67,411 for unanticipated or unforeseen work. 3. Award a construction contract to GEMS Environmental Management Services, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $674,104, subject to change orders, for construction of the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053), for a term beginning January 20, 2026 and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-116 will be filed for Project No. 24-6053. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA) is responsible for the maintenance and improvement of City facilities, including ten fire stations occupied by the Orange County Fire Authority (OCFA). Together with OCFA, staff assessed all Santa Ana fire stations and prioritized repairs and improvements. Construction Contract to Construct the Fire Station 74 Fuel Station Replacement Project January 20, 2026 Page 2 City and OCFA staff identified that the Fire Station 74 underground fuel storage tank at 1427 South Broadway was in need of removal and replacement with a new above- ground fuel storage tank (Exhibit 1). Replacement of old subsurface tanks with new above -ground tanks allows for improved maintenance and reduces the potential for leaks that can contaminate the soil. The upgraded fuel system and tanks will meet South Coast Air Quality Management District requirements, with adherence to the most recent fire code related to setbacks and existing structures. The scope of work includes removing the existing 4,000-gallon diesel/gasoline fuel underground storage tank and corresponding dispenser and installing one 2,000-gallon diesel fuel storage tank on engineering reinforced slab, one new dispenser, installing a new diesel exhaust fluid (DEF) tank, and dispensing system. Once the project is completed, environmental risks will be mitigated and fuel system reliability will be significantly improved at this fire station. Project Advertisement and Contractor Procurement To provide an opportunity for local vendors to submit bids, the City notified a total of 2,337 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of seven bids were received. Zero bids were received from Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 25, 2025 and October 1, 2025. The project was also advertised in PlanetBids from September 18, 2025 to November 10, 2025. Bids were received electronically via PlanetBids on November 10, 2025. No bid protest was submitted by any of the bidders during the bid protest period. A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City's Public Works Agency, Central Files office located in City Hall. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 GEMS Environmental Management Services, Inc. Concord, CA $674,104 2 Premo Construction, Inc. Irvine, CA $680,650 3 Fleming Environmental, Inc. Fullerton, CA $687,582 4 Eastridge Engineering and Construction Murrieta, CA $715,250 5 ACC & Engineering, LLC Anaheim, CA $757,240 6 MMC, Inc. La Palma, CA $938,000 7 Western Pump, Inc. San Diego, CA $961,762 Construction Contract to Construct the Fire Station 74 Fuel Station Replacement Project January 20, 2026 Page 3 A total of seven bids were received and all seven (7) were deemed responsive. GEMS Environmental Management Services, Inc. submitted the lowest responsive bid in the amount of $674,104 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to GEMS Environmental Management Services, Inc. (Exhibit 3). While this will be GEMS Environmental Management, Inc.'s first construction project for the City of Santa Ana, the contractor has completed similar projects for other public agencies. Most recently, GEMS completed a diesel tank installation for the East Bay Municipal Utility District and an above -ground storage tank replacement for the City of Pittsburg. Although the firm is based in Northern California, GEMS Environmental Management Inc. confirmed that it has the resources to complete the project and will also deploy locally, relocating personnel to Santa Ana for the duration of the project. Based on the contractor's experience and positive contractor's reference check, staff is confident that GEMS Environmental Management, Inc. can provide the same quality work to the City. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor's work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $842,630. Project Item Total Construction Contract Bid Amount $674,104 Construction Administration $55,120 Inspection $25,995 Materials Testing $20,000 Unanticipated or Unforeseen Work $67,411 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $842,630 Proiect Schedule and Contract Time The project is to be completed in July 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 80 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Construction Contract to Construct the Fire Station 74 Fuel Station Replacement Project January 20, 2026 Page 4 Specifications, which exclude weekends, City -observed holidays, and inclement weather days that prevent work. The contractor was required to submit a construction schedule as part of their bid to expedite delivery of the project. The projected completion date based on the submitted schedule is July 2026, which is within the allotted 80 working days. If the contractor fails to deliver on time, they will be assessed a penalty of $1,725 per calendar day as specified in the bid documents. The actual completion date will depend on the contractor's schedule, material procurement timelines, and any unforeseen delays. Based on a typical project timeline, the estimated project completion is provided below. Project Milestones Milestone Estimated Notes Completion Date Administrative Startup January 2026 Contract execution, bonds, insurance Material Procurement January — April 2026 Procurement for long lead items (fuel storage tank/dispenser system, transition sumps & vapor pot, Veeder- Root TLS 450, dispensing pump, etc. Contractor Mobilization April 2026 Start of construction work Project Completion I July 2026 1 Based on 80 working days Project Phasing The contractor will be required to procure the materials and equipment prior to starting any work due to the long lead times involved. Once the materials are received and inspected, Staff will coordinate with OCFA and issue the contractor a notice to proceed with construction activities. The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Public Outreach Construction will be confined to Fire Station 74, ensuring that the community and neighborhoods remain unaffected. Staff routinely met with OCFA to discuss the impact on the fire station. The contractor and staff will continue coordinate with OCFA throughout the project construction and will install signage at the project site indicating project details and contact information. The Contractor is required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is Construction Contract to Construct the Fire Station 74 Fuel Station Replacement Project January 20, 2026 Page 5 required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301 (b) of the CEQA Guidelines for projects consisting of repairs and minor alterations of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2025-116 will be filed for Project 24-6053 (Exhibit 4). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $842,630. All funds are available for expenditure in Fiscal Year 2025-26. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers into Fiscal Year 2026-27 (Exhibit 5). The proposed contract authorizes staff a maximum of 10% for construction contract change orders for unanticipated or unforeseen work. Staff will return to City Council for authorization and appropriation of additional contract authorization if necessary. Accounting Fiscal Unit — Fund Accounting Unit, Amount Year Account No. Description Account Description Project No. CURRENT BUDGET 2025-26 12015 300 Fire Facilities Fire Facilities Fund, Contract Services - $842,630 - (246053 6053) Fund Professional TOTAL $842,630 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Environmental Determination 5. Capital Improvement Project Worksheet Submitted By: Rodolfo Rosas, P.E., Acting Executive Director - Public Works Agency Approved By: Alvaro Nunez, City Manager Exhibit 1 SANTAANA Project No. 24-6053. Phi Fire Station 74 Fuel Station Replacement % J 1427 S Broadway, Santa Ana, CA 92707 PUBLIC WORKS AGENCY CITY OF SANTA ANA Addendum No. Four PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: GEMS Environmental Management Services, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove Underground Storage Tanks 1 LS $ $ 33,084.00 33,084.00 2 Remove Above Ground Fuel Storage 1 LS $ $ Tank/Dispenser System 3,444.00 3,444.00 3 Remove Existing Metal Enclosure 1 LS $ $ 3,318.00 3,318.00 4 Concrete caissons/structural footing 1 LS $ $ foundation 37,049.22 37,049.22 5 Install Above Ground Fuel Storage 1 LS $ $ Tank/Dispenser System 123,287.22 123,287.22 6 Install Portable DEF Storage Tank I LS $ $ 25,147.76 25,147.76 7 Install Metal Bollards 1 LS $ 10,907.22 $ 10,907.22 8 Install Metal Structure/Canopy with 1 LS $ $ metal decking and metal roofing 132,263.22 132,263.22 9 Fire extinguishers 1 LS $ $ 420.00 420.00 10 Product pipes, vapor pipes and fittings 1 LS $ $ and accessories, pipe support 11,763.22 11,763.22 11 Transition sumps & vapor pot 1 LS $ $ 12,600.00 12,600.00 12 Veeder-Root TLS 450 1 LS $ $ 40,841.22 40,841.22 13 Unleaded + Diesel fuel dispenser, 2-hose 1 LS $ $ 42,696.22 42,696.22 14 Dispensing Pump Control Panel 1 LS $ $ 5,943.00 5,943.00 P-1 of P-19 CITY OF SANTA ANA Addendum No. Four PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT Item Description Qty Unit Unit Price Amount 15 Fuel Turbines 1 LS $ $ 16,896.22 16,896.22 16 Electric duct bank for signal and power, 1 LS $ $ pull boxes, cable tray, exterior electrical 29,273.22 29,273.22 anel 17 Power, control and communication 1 LS $ $ conduits, cables, seals and support 17,141.22 17,141.22 18 Concrete Pavement Removal/Installation 1,100 SF $ $ 50.80 55,880.00 19 Fencing and Barricades 1 LS $ $ 17,367.22 17,367.22 20 Disposal of Construction Materials 1 LS $ $ 21,557.22 21,557.22 21 Sheeting, Shoring, Bracing and 1 LS $ $ Excavation Protection 13,224.00 13,224.00 22 As -Built Plans 1 LS $5000 $ 5,000.00 23 Construction Permit 1 LS $10,000 $ 10,000.00 24 OCHCA Fees 1 LS $5000 $ 5,000.00 TOTAL BASE BID $ 674,103.40 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 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. 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 eighty (80) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items: Above ground fuel storage tank/dispenser system, Transition sumps & vapor pot, unleaded + diesel fuel dispenser, 2-hose, Veeder-root TLS 450, Dispensing pump, fuel turbines, etc. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,725 per calendar day. P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT Name of Firm GEMS Environmental Management Services, Inc. Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) GEMS Environmental Management Services, Inc Richard Camacho - President Jennifer Camacho - Secretary P-3 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 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 GEMS Environmental Management Se Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) GEMS Environmental Management, Inc. Richard Camacho - President Jennifer Camacho - Secretary P-4 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION 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: GEMS Environmental Management Services, Inc. Business Address: 1120 Willow Pass Court, Concord, CA 94520 Business E-Mail Address: gemsinc@gemsenvironmental.com Telephone: (925) 671-6822 State Contractor's License No. and Class: 864458 A - Haz License Expiration Date: 9/30/2027 State Dept. of Industrial Relations (DIR) Registration No.: 1000001924 State Dept. of Industrial Relations (DIR) Registration Expiration Date: q — 6/30/2027 Signed: Title: President P-5 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION 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 of Firm GEMS Environmental Management Services, Inc. Signature of BIDDER Title President (if an individual, so state) P-6 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Richard Camaeho , 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. ® CORPORATION at he. i of: at of GEMS Environmental Management Services, Inc. a corporation which is making the foregoing proposal: ❑ JOINT 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 himse o an er person. r Siy6aiure of Eldder Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) SEE ATTACHED NOTARIAL CERTIFICATE ►.1 P-7 of P-19 CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 Countyof Contra Costa PAULA TLEIMUT W ; Notary Public • California Contra Costa County COmmisSi0ft # 242-p9t9 My Comm. Expires Nov 2, 2011 Place Notary Seal and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this 4_ day of November 202r,_, by Date Month Year (1) Richard E. Camacho (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public r.T•1d r.1 \i.\ 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: Ownership Affidavit Document Date: Signer(s) Other Than Named Above: 02019 National Notary Association Number of Pages: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT f:1lrlo KNOW ALL PRESENT that, GEMS Environmental Management Services, Inc. , as BIDDER, and Developers_ Surety and Indemnity Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of! Ten percent of the total amount bid Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of.AGENCY. _-1WAONtSS WHEREOF the parties hereto have set their names, titles, hands, and seal this 2ncf _ 'd�y of_ October , 2025. MD1"?ER.'` "GPMS Environmental Management Services, Inc. �i e v - SiI`1'Y* Developers Surety and Indemnity Company 800 Superior Avenue E, 21st floor, Cleveland, OH 44114 _ By: Lisa M. Lucas, Attomey-in-fact Subscribed and sworn to before me See attached notary acknowledgement this day of - , 2Q— Signature: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-S of P-19 ,,1�1+YIIlII►►JIB`,',ij ri N CALIFORNIA• • •GMENT CIVIL CODE § 1189 -4a .A .N. .{� .M .N .Y� .N .CI .N4.9� .A .A -Vt .f� .w .W 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 Contra Costa On ��6� °�, ao1S before me, Date personally appeared Lisa M. Lucas Tanya Chinchilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose namew is/ subscribed to the within instrument and acknowledged to me that Ke/she/fw executed the same in NX/herA(M authorized capacityM), and that byM/her/tKNXsignature(�) on the instrument the person(, or the entity upon behalf of which the personW acted, executed the instrument. TANYA CHINCHILLA Notary Public California = Wes+ c Contra Costa County ;~ • t+ Commission # 2472174 My Comm. Expires Nov 16, 2027 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. Signature Sig a ure of Notary Public 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(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i , Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item 95907 POWER OF ATTORNEY FOR CORF-POINTE INSURANCE COMPANY DEVELOPERS SURL—IfY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that- except as expressly limited herein. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURELY AND INDEMNITY COMPANY, do hereby make- constitute and appoint: Lisa M. Lucas and Tanya CNnchdla of San Ramon, CA as its true and lawful Attomcy-in-Fact. to make, execute, deliver and acknowledge, for and on behalfof said companies. as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact lull power and authority to do aid to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each orsaid company full power or sulstitution and revocation, and all ofthe acts of said Attomcy-in-Fact. pursuant to these presents, are hereby, mlifitW and confirmed. "this Power o1 Attorney is elf'ectivc July 20, 2023 and shall expire on December 31. 2025 This Power of Attomcy is granted and is signed under and by authority ofthe following resolutions adopted by the Board ol'Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDI-.MN1TY COMPANY (collectively, "Company") on February 10. 2023. RESOLVED. that Sam ZAgy, President_ Surety Underwriting, James Bell. Vice President. Surely Undenyriting, and Craig Dawson, I-Nmutive Underwriter. Surety% each an employee ofAmTrust North America. [nc. an affiliate of the Company (the "Authorized Signors'), are herebv authorized to execute a Power of Attorney. qualilying anorney(s)-in-tact named in the Power of Attorney to execute. on behalf ofthe Company- bonds, undertakings and contracts of suretyship, or other suretyship obligations. and that the Secretary or any Assistant Secretary ofthe Company be, and each ofthem hereby is. authorized to attest the execution of anv such Power of Attornt% RESOLVED, that the signature of any one ofthe Auiliorized Signors and the Scrretary or any Assistant Secretary ofthe Company, and the seal of the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Altomey shall he valid and binding upon the Company wizen so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is altachtd. IN WIT-NESS WHEREOF, COREPOINIT INSURANCE COMPANY and DFVELOPFRS SI1RF lY AND INDEMNITY COMPANY have caused thew prtticnts to be signed by the Authorized Sigtar and attested by their Secretary or Assistant Secretary this March 27. 2023 ' •,'�•••�.t.4.rraa, •'•s44trn.g4j, •.•��pASUR,q,yc,, �•( AND /4e By: .. .. APO (n J4'.•'Q�tPOIq PrintedAGOTF'•, Title: President. Surety Undervwritimg Ltl : SEAL •o. O ! 111 93 6 0, .0. . CI AWNX ACKNOWLEDGEMENT: �� •• •' ��a •�: 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 Change On this 27 day of _ March . 2023 . before me, Hoang-Queen Phu Pham . personally appeared Sam %aza who proved to me on the basis of sa[islactory evidence to tv the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the mitics upon behalf which the person acted, executed this instrument certify. under penalty of perjury. under the laws ofthe Stale of California drat the foregoing paragraph is true and correct. WITNFSS my hand and official seal. fMHOANGQUYEN P, FHAU Notary Public - California Signature Orange County Commission k 2432970 y Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION "The undersigned. the Secretary or Assistant Secretary of COREPOIN'F INSURANCE COMPANY and DEVELOPERS SURE:rY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions ofthe respective Boards of Directors of said corporations set forth in this Power ol' Attarncy are in force at ofthe date oflhis Certification. This Certification is executed in the City of Cleveland, Ohio, this Marsh 19; 30Z3 _ Docustpneed br, By: Barry W :Moses, Assistant Secretar POA No. NIA 98BO41 7ADE54aC.- DocuSignEnvelopelD:3352BFD6-5E9D-479B-837E-C 1 E455E=G530F - Ed. 0323 Signed and sealed this 2nd day of October, 2025 - CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 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: 'h% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Arias Concrete Contractor Inc License #/Exp. 1075559/ Exp. 5/31/27 DIR Reg. #/Exp. 1000828207/ Exp, 6/30126 Location Pittsburg, CA 94565 Phone (925) 446-2492 Type Of Work Concrete work Amount $ $35,910.00 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Si nature of hidder Name Nieto and Sons Trucking, Inc. License #/Exp. 673912/Exp. 7/31 /27 DIR Reg. #/Exp. 1000015003/Exn. 6/30/27 Location Brea, CA 92821 Phone (714) 990-6855 Type Of Work Clean and dispose tanks Amount $ $10.955.00 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 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. East Bay Municipal Utility District, 375 11th Street, Oakland, CA 94607 Name and Address of Owner. Christian Narvaez (510) 287-1015 Name and Telephone Number of person familiar with project. $432,188.08 Diesel Tank Install 6/20/2025 Contract Amount Type of Work Date Completed 2. Civ of Pittsbura, 65 Civic Avenue. Pittsbura. CA 94565 Name and Address of owner. Mariana Mena (925) 252-4115 Name and Telephone Number of person familiar with project. $995,096.00 AST Replacement 9/26/2024 Contract Amount Type of Work Date Completed 3. AC Transit, 1600 Franklin Street, Oakland, CA 94612 Name and Address of owner. Stephen Stanley, 1600 Franklin Street, Oakland, CA_ 94612 Name and Telephone Number of person familiar with project. $525,803.00 UST Removal/AST Install 1/11/2024 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. Edgewood Insurance Brokers & Consultants, 3000 Executive Pkwy, Suite 325, San Ramon, CA 94583 (925) 244-7700 Developers Surety and Indemnity, P.O. Box 19725, Irvine, CA 92623-9725 (925) 244-7700 Edgewood Insurance Brokers & Consultants, 1390 Willow Pass Rd., Concord, CA 94520 (415) 356-3991 P-10 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. SEE ATTACHED LIST Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed P-11 of P-19 PROJECT REFERENCES GEMS ENVIRONMENTAL MANAGEMENT SERVICES, INC. Project Description Contract Number Project Date Total Cost Agency Contact Name and Phone Number Corporation Yard Fueling System Replacement - Project. No. 3118 2/19/24-9/26/24 $995,096.00 City of Pittsburg Mariana Mena AST 65 Civic Avenue (925) 252-4115 MMena@pittsburgca.gov Pittsburg, CA 94565 Repair Existing Underground Fuel Storage Tank FA468623P0047 9/12/23-4/3/24 $198,395.70 U.S. Department of the Air Force Katherine Moe Sumps, Spill Buckets, Shut Off Valves, 6500 B Street, Room 101 (530) 634-2399 Caps, Adaptors, and Multiport Manways at Beale AFB, CA 95903-1709 katherine.moe@us.af.mil Beale Air Force Base, CA Install New Underground Fuel System and CP21-02 11/29/22-9/28/23 $3,456,336.00 County of Ventura Jonathan Jacobson Canopy, and Remove Existing Underground 800South Victoria Ave (805)654-2022 Fuel System and Canopies for the County Ventura, CA 93009 jonathan.jacobson@ventura.org General Services Agency, Ventura, CA Remove and Replace Fuel Pumps and 04A6055 9/21/20-12/31/20 $42,896.23 CA Department of Transportation (Caltrans) Carlos Gutierrez Dispensers, Caltrans District 04 Maintenance 611 Payran Street (707) 753-1152 Station, Dixon, CA Petaluma, CA 94952 carlos.gutierrez@dot.ca.gov Refurbish, Relocate and Reinstall Aboveground 24717 9/16/19-2/24/20 $411,885.16 Johnson Petroleum Construction, Inc. Scott Johnson Fuel Storage Tank at Recology, Santa Rosa, CA P.O. Box 7169 (916) 265-8080 Auburn, CA 95604 sdjohnson8080@att.net Fuel Dispenser, Pumps, and Cardlock Fuel Site 013455 1/9/19-1/28/19 $218,742.07 Contra Costa County Stan Burton Upgrade Fleet Services / Public Works Department (925) 313-7077 2467 Waterbird Way stan.burton@pw.cccounty.us Martinez, CA 94553 Underground Fuel Tank Removal and Above 4700 10/17/17-12/21/18 $1,102,775-34 CA Department of General Services Randall Mummert Ground Fuel Tank Installation at the Ronald M. 707 3rd Street- 3rd Floor (916) 443-9814 George Bulldng, San Francisco West Sacramento, CA 95605 randali.mummert@dgs.ca.gov Fuel Farm Facility Improvements - Big Bear 2017-10-26-A 2/12/18-11/14/18 $1,518,296-58 Big Bear Airport District Ryan Goss Ariport District, Big Bear City, CA 501 Valley Blvd (909) 585-3219 Big Bear City, CA 92314 rgoss@flybigbear.com CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION 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 certi ip#on may sub' a certifier to criminal prosecution. Signed State of California County of Contra Costa Subscribed and sworn to (or affirmed) before me on this 4 day of November, 20 25, by Richard Camacho , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me SEE ATTACHED NOTARIAL CERTIFICATE Notary Public Signature Notary Public Seal P-12 of P-19 CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 Countyof Contra Costa *MY PAULA TLEimAT Notary Publk - California Contra Costa County Commission # 2424919 Comm. Expires Nov 2, 2026 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 4 day of November 20?5—, by Date Month Year (1) Richard E. Camacho (and (2) Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature nnrInKI n i Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: Number of Pages: Signer(s) Other Than Named Above: 02019 National Notary Association 7, 1,1 i(1�;iL� • 1IId1iY ti If: (f)i•. z �11r1u:,.; 6.r1J fllr;-..' /_ i:5 �:�w. �Pt' 1 .�3 x i'..�.,��, ti �+:? �t FaSn� Y. r;aiz'i�r,:nc; � `t,.�kGl� dih; .i �r�t^, xtiy�.� .run7�'aa �.,,„t% CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6453 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 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-13 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 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 Z:.� Signed: Title: President Firm: GEMS Environmental Management Services, Inc. Date: 11 /04/2025 P-14 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to 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 pprenticeshi uncil. Signed: Title: President Firm: GEMS Environmental Management Services, Inc. Date: 11 /04/2025 P-15 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT 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 entitl Signed: Title: President Firm: GEMS Environmental Management Services, Inc. P-16 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT FLEET COMPLIANCE CERTIFICATION Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(0(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(l8). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder: GEMS Env' on ent anagement Se ices, Inc. Signature: Name: Richard Camacho Title: President Date: 11 /04/2025 P-17 of P-19 ifornia Environmental Protection Air Resources Board January 1, 2025 ICmvrwCyr- A-rr-- r%f-*e%vLArn Ac- F tjlo 4M CALL F 0 R N IA ' AIR RESOURCES BOARD Certificate of Reported Compliance With: Truck and Bus Regulation Issued to: Nieto and Sons Truck, Inc. This certificate confirms that the Fleet owner has attested under penalty of perjury that the statementsand information they provided to the California Air Resources Board (CARS) are true, accurate, and complete regarding all relevant vehicles in the Fleet required to show compliance. CARS hereby finds that the fleet listed has reported compliance with California Code of Regulations (CCR): Tltle 13 CCR 2025 (Truck and Bus Regulation) If CARB subsequently finds that the statements and information that have been provided are not true, accurate, and complete, this certificate shall be effectively revolted and the fleet subject to noncompliance penalties. This certificate is valid until December 31, 2024 Printed on 2024-02-20 TRUCRS Fleet Identification Jack Kitowski 12 Vehicles 9938 To verify the authenticity of thiscwtifkate, visit 6vision Chir,MMAW(!P-IDU(B Canfrol www.akb.ca.gov/rnspmg/oo"flt�el/thlookup.php --- k)lvbtisK�G7Fifnn ula Ake ilasnurcws Rhandwww.aib.ca.gov/fftspmg/oo"fl(�sel/thlookup.phl) N 40� • CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-18 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and t49 Notice of I king Bids. Signed: Title: President Firm: GEMS Environmental Management Services, Inc. Date: 11 /04/2025 P-19 of P-19 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 24-6053 FIRE STATION 74 FUEL STATION REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 20th day of January, 2026 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 GEMS Environmental Management Services, Inc. (hereinafter "CONTRACTOR").. WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and 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 Fire Station 74 Fuel Station 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 Six Hundred Seventy -Four Thousand, One Hundred Three and 40 Cents ($674,103.40), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to PlanetBids, 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. m% 09/01/2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http-//www.santa-ana.orpJlpwa/documents/CWA.kdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars (S500,000), 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, 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: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. , L 'l,L� �•� Y�EE NELLESEN Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Rodolfo Rosa, Rodolfo Rosas D air Rodolfo Rosa,, email—l=rrosas@santa-ana.org, -US Date: 2026.01.0513:58:19-08'00' RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ City Manager CONTRACTOR: GEMS Environmental Management Services, Inc. �/ f ' , " TITLE:��" Page 3 of 3 EXHIBIT A Bid Results Bidder Deta4s Vendor Name GEMS Environmental Management Services, Inc. Address 1120 Willow Pass Court Concord, California 94520 United States Respondee Richard Camacho Respondee Title President Phone 925-671-6822 Email rcamacho@gemsenvironmental.com Vendor Type SBE, MBE, CADIR License # Bid Detail Bid Format Electronic Submitted 11/05/2025 4:59 PM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 448265 Respondee Comment Buyer Comment Attachments File Title Fully Scanned Bid Santa Ana,pdf Ownership AFfidavit.pdf Bid Bond.pdf Non -Collusion Affidavit.pdf File Name Fully Scanned Bid Santa Ana.pdf Ownership Affidavit.pdf Bid Bond.pdf Non -Collusion Affidavit.pdf File Type General Forms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Non -collusion Affidavit (Notary Public) - REQ Original Hard Copy Lii)e iLeni� Discount Terms No Discount Item* Item lode Type Item Description UOM OTY Unit Price LFne Total Rasponee Comment TOTAL BASE BID (Items 1.13) $674,103.40 1 1 Remove Underground Storage Tanks LS 1 533,064.00 533,054.00 Yes 2 2 Remove Above Ground Fuel Storage Tank/Dispenser System LS 1 53.444.00 53,444.0o Yes 3 3 Remove Existing Metal Enclosure LS 1 53,31&00 53,316.00 Yes 4 4 Concrete calssonsfstructural footing Foundations LS 1 $37.049.22 $37,049.22 Yes 5 5 Install Above Ground FUR[ Storage Tsnk/Dispenser System LS 1 5121.261.22 5123,267.22 Yes 6 6 Install Portable DEF Storage Tank LS 1 525,147.76 $25,147.75 Yes 7 7 Install metal bo114rds Ls 1 $10,907.22 $10,902.22 Yes 9 a Install Metal Structure/Canopy with metal deeking and metal roofing 1.5 1 $132,263.22 $132,263.22 Yes 9 9 Fire extinguishers LS 1 5420.00 5420.00 Yes 10 t➢ Product pipes, vaparpipes and Rttings and accessories, pipe support L5 t 511.76322 541,763.22 Y4s 11 11 Transition sumps 6 vapor pat LS 1 512,600A0 S12,600.00 Yes I 12 Vaed*rReet TLS 3000 LS 1 S40,a4122 540,641.22 Yes 13 73 Unleaded. Diesel Not dispenser, 2•hos4 LS 1 $42.69622 $42,69622 Yes 14 14 Dispensing pump control panel LS 1 55,943.00 SS,943.00 Yes 1S is Fuel turbines LS 1 S16,69622 S161896.22 Yes 14 t6 Electric duct bank For signal and power, pull boxes, cable troy, exterior ate,ctriul panel LS 1 529,27322 529,273.ZZ Yes 17 17 Power, central and communication cenduRs, cables, setts and support LS 1 S17.14122 517,141.22 Yes It to Concrete pavement removal/Installation IF 1100 SSOAO S55,ameo Yes 19 19 Fencing and Barricades LS 1 S17,36T22 517,367.22 Yes 20 20 Dlspesal of censtrvctlen materlaSs LS 1 521,55T22 SZ1,5572Z Yes 21 21 Sbee0149, shoring, bracing and excavation protection LS 1 $13,224.00 $13,224.00 Yes 22 22 As -Built Plans LS 1 55,000.00 $5,000.00 Yes 23 23 Construction Permit LS 1 $10.000.00 510,000.00 Yes 24 24 OCUCAFees LS 1 55,000.00 95.000.00 Yes Line item Subtotals Section Title Line Total TOTAL BASE Bib jltems 1-13) $674,103.40 Grand Total 5674,103.40 EXHIBIT B 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 eighty (80) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items: Above ground fuel storage tank/dispenser system, Transition sumps & vapor pot, unleaded + diesel fuel dispenser, 2-hose, Veeder-root TLS 450, Dispensing pump, fuel turbines, etc. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,725 per calendar day. P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6053 SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT Name of Firm GEMS Environmental Management Services, Inc. Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) GEMS Environmental Management Services, Inc Richard Camacho - President Jennifer Camacho - Secretary P-3 of P-I9 MAYOR Valerie Amezcua MAYOR PRO TEM Benjamin Vazquez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-36) P.O. BOX 1988 • Santa Ana, California 92702 (714) 647-5690 • Fax (714) 647-5823 www.santa-ana.org CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Fire Station 74 Above Ground Storage Tan Project Number(s): 24-6053 Project Location: 1427 S Broadway, Santa Ana, CA 92707 City: Santa Ana County: Orange ER Number: ER-2025-116 Project Description: The construction will include removal and installation new above ground tank, canopy and dispensing system. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of repair/maintenance of existing public facilities. City Contact: Robert Aguirre Date of Approval: of underground fue 01 /20/2026 storage tank and installaiton of Title: Senior Civil Engineer Telephone: (714) 647-5652 Signature: Date: PROJECT TITLE: Fire Station 74 Fuel Station Replacement PROJECT CATEGORY: City & Park Facility Improvements Municipal Facilities LOCATION MAP A N CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Underground storage tank removal and the installation of an above ground tank fuel station at Fire Station 74. PROJECT NEED: The underground storage tank is in need of removal due to environmental condition of the subsurface soils in the vicinity of the existing underground tanks. The upgraded fuel systems and tanks will meet South Coast AQMD, with adherence to most recent fire code related to setbacks and existing structures. PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 775,219 - - - - - - Contingency 67,411 TOTAL 842,630 - - - - SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Fire Facilities Fund 842,630 - - - - - - TOTAL 842,630 - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Parks, Fleet & Facilities Mike Ortiz, Deputy PW Director/ Parks, Fleet, and 17-Dec-2025 Facilities