request for council action - granicus

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 1, 2018 TITLE: APPROVE APPROPRIATION ADJUSTMENT, AUTHORIZE COOPERATIVE COST REIMBURSEMENT AGREEMENT, AND AWARD CONTRACT TO EBS GENERAL ENGINEERING, INC., FOR CONSTRUCTION OF WESTMINSTER AVENUE IMPROVEMENTS FROM HARBOR BOULEVARD TO FAIRVIEW STREET PROJECT NOS. 15- 6825 & 18- 6902) STRATEGIC PLAN NOS. 6, 113; 1C; 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1"' Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements on Westminster Avenue within the Garden Grove jurisdiction from Clinton Street to Nancy Lane, subject to nonsubstantive changes approved by the City Manager and the City Attorney. Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $ 1, 399, 000, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Westminster Avenue Improvement Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of 1, 792, 237, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $139, 900. 4. Approve an appropriation adjustment recognizing $ 587, 074 in cost reimbursements from the City of Garden Grove into the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account for the Westminster Avenue Improvement Project. Approve an appropriation adjustment appropriating $ 159, 565 from prior year fund balance in the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account. 20A- 1

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Page 1: REQUEST FOR COUNCIL ACTION - Granicus

REQUEST FOR

COUNCIL ACTION

CITY COUNCIL MEETING DATE:

MAY 1, 2018

TITLE:

APPROVE APPROPRIATION ADJUSTMENT,

AUTHORIZE COOPERATIVE COSTREIMBURSEMENT AGREEMENT, ANDAWARD CONTRACT TO EBS GENERAL

ENGINEERING, INC., FOR CONSTRUCTIONOF WESTMINSTER AVENUEIMPROVEMENTS FROM HARBORBOULEVARD TO FAIRVIEW STREET

PROJECT NOS. 15-6825 & 18-6902)

STRATEGIC PLAN NOS. 6, 113; 1C; 1G)

RECOMMENDED ACTION

CLERK OF COUNCIL USE ONLY:

APPROVED

As RecommendedAs Amended

Ordinance on 1"' ReadingOrdinance on 2ntl ReadingImplementing ResolutionSet Public Hearing For

CONTINUED TO

FILE NUMBER

1. Authorize the City Manager and Clerk of the Council to execute a Cooperative CostReimbursement Agreement with the City of Garden Grove for improvements on WestminsterAvenue within the Garden Grove jurisdiction from Clinton Street to Nancy Lane, subject tononsubstantive changes approved by the City Manager and the City Attorney.

Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, inaccordance with the base bid in the amount of $ 1, 399,000, for the term beginning uponexecution of the contract and ending upon project completion, for construction of theWestminster Avenue Improvement Project, and authorize the City Manager and the Clerk ofthe Council to execute the contract subject to nonsubstantive changes approved by the CityManager and the City Attorney.

Approve the Project Cost Analysis for a total estimated construction delivery cost of1, 792,237, which includes the contract bid amount, administration, inspection and testing,

and an authorized contingency of $139, 900.

4. Approve an appropriation adjustment recognizing $ 587,074 in cost reimbursements from theCity of Garden Grove into the Select Street Construction revenue account, and appropriatingthe same amount to the Select Street Construction expenditure account for the WestminsterAvenue Improvement Project.

Approve an appropriation adjustment appropriating $ 159, 565 from prior year fund balance inthe Select Street Construction revenue account, and appropriating the same amount to theSelect Street Construction expenditure account.

20A- 1

Page 2: REQUEST FOR COUNCIL ACTION - Granicus

Award Contract to EBS General Engineering, Inc. Westminster Avenue Improvements

May 1, 2018Page 2

6. Authorize the reallocation of $ 173,782 in unspent Fiscal Year 2013- 14 Gas Tax Funds and345,230 in unspent Fiscal Year 2015- 16 Measure M2 Local Fairshare Funds from various

completed projects to the Westminster Avenue from Harbor Boulevard to Clinton StreetProject ( Project No. 15-6825, $ 509,864) and the Westminster Avenue from Clinton Street toFairview Street Project (Project No. 18-6902, $ 9, 148).

DISCUSSION

The City's Pavement Management System has identified Westminster Avenue from HarborBoulevard to Fairview Street as high- priority in need of rehabilitation ( Exhibit 1). Based on the

adopted Pavement Management Program, the pavement has deteriorated due to weather, age,

wear -and -tear from trash collection operations, and heavy usage. The improvements include theremoval and replacement of failed asphalt pavement and the replacement of damaged concrete

curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance

the ride quality and visual appearance of the street, and comply with Americans with DisabilityAct standards.

The City of Garden Grove shares the right-of-way within the project area; therefore, aCooperative Cost Reimbursement Agreement is required for the City of Garden Grove to fundtheir portion of the improvements ( Exhibit 2). The Cooperative Cost Reimbursement Agreement

between the City of Santa Ana and the City of Garden Grove identifies the roles andresponsibilities of each party and estimates each city's share of the project costs. The City ofGarden Grove' s cost reimbursement of $587, 074 includes $ 43,487 for their share of the Design

Engineering costs. The City of Garden Grove' s total cost reimbursement will be funded by theirCalifornia Highway Users Tax Account (Gas Tax) allocation.

To complete this project, an additional $678, 577 is needed over and above what was approved inthe Fiscal Year 2014- 15 and Fiscal Year 2017- 18 Capital Improvement Programs ( CIP). Council

approval is requested to recognize $ 159,565 in unallocated, prior year fund balance, andreallocate $ 173,782 in Gas Tax Funds and $ 345, 230 in Measure M2 Local Fairshare Funds that

remain unspent after closing out various prior year projects.

A Notice Inviting Bids was advertised on March 2 and 9, 2018, and bids were opened on March28, 2018. The following is a summary of the bid invitations made and the bids received:

Contractor Participation Data

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Award Contract to EBS General Engineering, Inc. Westminster Avenue Improvements

May 1, 2018Page 3

Santa Ana contractors receiving notices 24

Contractors requesting bidding documents 23

Bids received 5

Bids received from Santa Ana contractors 1

Bid Results Summary

RANK BIDDER'S NAME LOCATION BASE BID

1 EBS General Engineering, Inc. Corona 1, 399,000

2 RJ Noble Company Orange 1, 467,475

3 Hardy & Harper, Inc. Santa Ana 1, 506,800

4 Excel Paving Company Long Beach j $ 1, 539,060

5 All American Asphalt Corona Non- responsive

A total of five bids were received and four bids were deemed responsive. EBS General

Engineering, Inc., submitted the lowest responsive bid in the amount of $ 1, 399,000 ( Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding theconstruction contract to EBS General Engineering, Inc., in the amount of $1, 399,000 (Exhibit 4).

STRATEGIC PLAN ALIGNMENT

Approval of this item supports the City's efforts to meet Goal # 6 — Community Facilities & Infrastructure, Objective # 1 ( establish and maintain a Community Investment Plan for all Cityassets), Strategy B ( equitably maintain existing streets and associated assets in a state of goodrepair so they are clean, safe, and aesthetically pleasing for all users); Strategy C ( investresources and technology to extend the service life of existing infrastructure to protect the City'sinvestment and support a high quality of life standard); and Strategy G ( develop and implementthe City's Capital Improvement Program in coordination with the Community Investment Plan).

ENVIRONMENTAL IMPACT

In accordance with the California Environmental Quality Act, the recommended actions areexempt from further review. Categorical Exemption Environmental Review No. 2018- 36 wasfiled for this project.

FISCAL IMPACT

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Award Contract to EBS General Engineering, Inc. Westminster Avenue Improvements

May 1, 2018Page 4

As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of thisproject is $ 1, 792,237, which includes construction, contract administration, inspection, testing, contingencies, and design engineering. The appropriation adjustments will recognize funds asfollows: $ 587,074 of cost reimbursement from the City of Garden Grove into the Select StreetConstruction revenue account ( No. 05917002- 57000) and appropriate the same amount into the

Select Street Construction expenditure account ( No. 05917660-66220); $ 159, 565 of prior year

balance in the Select Street Construction revenue account ( No. 05917002- 50001) and

appropriate the same amount into the Select Street Construction expenditure account ( No.

05917663-66220). Upon approval of the recommended reallocation of unspent Measure M2Local Fairshare and Gas Tax Funds, $ 345,230 will be available in the Measure M2 Local

Fairshare Fund ( Account No. 03217662-66220) and $ 173,782 will be available in the Select

Street Construction Fund ( Account No. 05917663-66220). All funds will be available for

expenditure in Fiscal Year 2017- 18 as follows:

Current Project Balances

Pr. 15-6825

Pr. 18-6902

Reallocation

Pr. 14-6798

Pr. 14-6811

Pr. 16- 6859

Pr. 17- 6882

Prior Year Fund

of Garden Grove

TOTALS:

FUNDS/ ACCOUNTS

TOTALS

Measure M2

Local FairshareSelect Street Construction Fund

03217662-

66220

05917660-

66220

OS917663-

66220

05917665-

66220

153,793 153,793

219, 000 153, 793 372,793

80, 658 80,658

93, 124 93, 124

316,434 316,434

28, 796 28,796

159, 565 159, 565

587,074 587,074

564,230 587,074 333,347 307,586 1, 792,237

4Edwin "William" Ga ez, P. E.

Acting Executive DirectorPublic Works Agency

EWG/TR/TC/RA4

APPROVED AS TO FUNDS & ACCOUNTS:

Francisco Gutierrez k

Executive Director

Finance & Management Services Agency

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Award Contract to EBS General Engineering, Inc. Westminster Avenue Improvements

May 1, 2018Page 5

Exhibits: 1. Location Map2. Cooperative Cost Reimbursement Agreement with City of Garden Grove3. Bid

4. Construction Contract

5. Cost Analysis

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QOP.ERATNE_COST REIMBURSEMENT AGREEMENT

WESTMINSTER BOULEVARD ( HARBOR BLVD. TO FAIRVIEW ST.) STREET REHABILITATIONPROJECT

COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into

this _ day of 2018, by and between the CITY OF SANTA ANA, a Californiacharter city (" Santa Ana"), and the CITY OF GARDEN GROVE, a California municipal corporation

Garden Grove"). In this Agreement, Santa Ana and Garden Grove may each be individually referredto as a " Party" and collectively referred to as the " Parties."

RECITALS:

WHEREAS, Santa Ana has initiated a street rehabilitation project ( the " Project") to improvethe pavement condition of Westminster Blvd. from Harbor Blvd. to Fairview St; and

WHEREAS, Westminster Boulevard within the Project limits contain a portion of propertywithinSanta Ana and a portion of the street within the boundary of Garden Grove; and

WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes toimprove the portion of Westminster Boulevard within its boundary at the same time the Santa AnaWestminster Boulevard Project is conducted; and

WHEREAS, the Parties desire to repave Westminster Boulevard, within their respectiveboundaries, as part of the "Project".

NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuableconsideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agreeas follows:

1. The City of Santa Ana will advertise for bids, hire a contractor, approve the work and administerthecontract for street rehabilitation.

2. Garden Grove is responsible for:

a) Garden Grove shall pay Santa Ana for the actual cost of the work within the GardenGrove portion based upon unit prices bid of the Successful Contractor and quantities

actually used on the Garden Grove portion as set forth in the Project Location MapExhibit A) and the City Cost Sharing ( Exhibit B), attached hereto and incorporated by

this reference. Estimated costs are included in Exhibit B. Garden Grove will remit

payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Projectwork performed within Garden Grove city boundary.

b) Garden Grove shall pay Santa Ana for the actual cost of design engineering andconstruction engineering services provided for the work within the Garden Groveportion based upon the time spent by Santa Ana staff. Garden Grove will remitpayment to Santa Ana within thirty (30) days of receipt of invoice evidencing Projectwork performed within Garden Grove city boundary.

3. Garden Grove will coordinate the relocation of all affected utility company facilities within the Citylimits of Garden Grove in a timely manner.

Exhibit 2

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4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under thisAgreement in good faith to facilitate timely completion of the Project. The Parties agree that when anycomponent of this Project is subject to the approval of Garden Grove, such approval shall not beunreasonably withheld.

5. Garden Grove will be notified as to the official advertising dates, bid opening date, construction startdate, and overall construction schedule. Also, a representative from Garden Grove will be invited toattend pre -construction, Project status, and final walk through meetings.

6. Change orders for work within Garden Grove must receive the written approval of the Public WorksDepartment Engineering Manager of Garden Grove or his/her designee prior to implementation. Garden Grove is responsible for change order cost within Garden Grove respective boundaries.

7. The following staff members, or as otherwise designated in writing by the Executive Director ofPublic Works of Santa Ana or the Public Works Department Engineering Manager of Garden Grove, shall be the selected representatives of each City to act on each respective City's behalf with respectto this agreement. Any notices, requests, approvals, plan submittals or communications shall beprovided to each representative noted below:

City of Santa Ana:

ATTN: Edwin "William" Galvez, P. E.

City EngineerPublic Works AgencySanta Ana, CA 92701

20 Civic Center Plaza, M- 21

Phone: ( 714) 647-5653

E -Mail: [email protected]

City of Garden Grove:

ATTN: Dan Candelaria, P. E., TE

City EngineerPublic Works Department

11222 Acacia ParkwayGarden Grove, CA 92840Phone: ( 714) 741- 5185

E -Mail: [email protected]

8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvementsagainst defects in workmanship and materials for a period of one ( 1) year from the date of acceptanceby Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing theGarden Grove improvements to be brought or restored to full compliance with the requirements of thePlans and Specifications for any portion of the Project which during said one ( 1) year period are foundnot to be in conformance with the provisions of the Plans and Specifications.

9. The City of Santa Ana shall have its contractor provide insurance as follows:

9. 1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the durationof this Agreement:

a) Commercial general liability in the amount of $ 1, 000,000 per occurrence; ( claimsmade and modified occurrence policies are not acceptable); Insurance companies

must be acceptable to City and have an AM Best's Guide Rating of A- Class VII orbetter, as approved by the City. If Contractor maintains broader coverage and/orhigher limits than the minimums shown above, the City shall be entitled to the broadercoverage and/or higher limits maintained by the Contractor. Any available insuranceproceeds in excess of the specified minimum limits of insurance and coverage shall

be available to the City.

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An Additional Insured Endorsement, ongoing and completed operations, for thepolicy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work oroperations performed by or on behalf of the Contractor. Contractor shall provide to City proofof insurance and endorsement forms that conform to City's requirements, as approved by theCity.

b) Automobile liability in the amount of $1, 000,000 combined single limit, including mobileequipment if applicable; ( claims made and modified occurrence policies are notacceptable); Insurance companies must be acceptable to City and have an AM Best'sGuide Rating of A-, Class VII or better, as approved by the City.

An Additional Insured Endorsement for the policy shall designate the City of GardenGrove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers asadditional insureds for automobiles owned, leased, hired, or borrowed by the Contractor. Contractor shall provide to City proof of insurance and endorsement fours that conform toCity's requirements, as approved by the City.

c) For any claims related to this Agreement, Contractor's insurance coverage shall beprimary insurance as respects City, its officers, officials, employees, agents, andvolunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor'sinsurance and shall not contribute with it.

9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, Contractor and all subcontractors shall maintain Workers Compensation Insurance in theamount and type required by law, if applicable. The insurer shall waive its rights of subrogationagainst the City of Garden Grove, the City of Santa Ana, their officers, officials, agents, employees, and volunteers.

9.3. CONTRACTOR shall not commence work until all certificates and endorsements havebeen received and approved by Santa Ana. All insurance required shall contain a Statementof Obligation on the part of the carrier to notify City of any material change, cancellation, ortermination at least thirty ( 30) days in advance.

10. This Agreement contains all of the agreements of the Parties regarding the Project and all previousunderstandings, negotiations and agreements regarding the Project are integrated into andsuperseded by this Agreement.

11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrumentin writing signed by both Parties.

12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sectionscontained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decreeof a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of theremaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are herebydeclared as severable and shall be interpreted to carry out the intent of the Parties hereunder.

13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are dulyauthorized to execute this Agreement on behalf of said Parties and that by so executing thisAgreement the Parties hereto are formally bound to the provisions of this Agreement.

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14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto andtheir respective heirs, personal representatives, successors, and assigns.

15. This Agreement may be executed by the Parties and counterparts, which counterparts shall beconstrued together and have the same effect as if all of the Parties had executed the same instrument.

16. This Agreement is to be governed by the laws of the State of California, in Orange CountyCalifornia.

17. Each parry agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's ownperformance under this Agreement, except to the extent such damage or expense is caused in wholeor in part by the other party's negligence or willful misconduct.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed onthe day and year first written above.

CITY OF SANTA ANA

RAUL GODINEZ II

City Manager

ATTEST:

MARIA D. HUIZAR

Clerk of the Council City Clerk

APPROVED AS TO FORM:

SONIA R. CARVALHO

City Attorney

By: JOH . FUNK

Assistant City Attorney

FOR APPROVAL:

Edwin "William" Galvez, P. E.

Acting Executive DirectorPublic Works Agency

CITY OF GARDEN GROVE

SCOTT C. STILES

City Manager

ATTEST:

TERESA POMEROY

City Clerk

APPROVED AS TO FORM:

OMAR SANDOVAL

City Attorney

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Exhibit A

Location Map

Westminster Boulevard (Harbor Blvd. to Fairview St.)

Street Rehabilitation Project

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20A-14

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EXHIBIT B

City Cost Sharing

Westminster Boulevard (Harbor Blvd. to Fairview St.)

Street Rehabilitation Project

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Project No. 156825: Westminster Ave from Harbor Blvd to Clinton St

Construction Contract

Construction Contract City of Sana Ana City of Garden GroveConstruction Contact S 1, 399, 000. 00 S 964, 130. 30

City of Santa Ana City 0 Garden GroveItem Description Quantity Unit Unit Price Amoum Quantity Amman Quantity

Quantity

Amount

I Unclassified Excavation 1, 171 CY S 60.00 $ 70, 260.00 1, 021 61, 260.00 150 S 9,000.00

2 AC Pavement (Asphalt Concrete) 2, 745 TN S 70.00 $ 192, 150.00 2, 414 S 168, 980. 00 331 23, 170.00

3 Asphalt Rubber Hot Mix( ARHM) 2, 560 TN S 79. 00 $ 202,240.00 2, 160 S 170,640. 00 400 31, 600.00

4 Cold Mill (T- 3") 166, 785 SF S 0.24 $ 40,028.40 141, 285 S 33, 908.40 25.500 S 6, 120.00

5 Cashed Miscellaneous Base (CMB) 40 TN S 100.00 $ 41000. 00 20 S 2, 000. 00 20 S 2, 000.006 PCC Sidewalk (T=4') 2, 000 SF S 5. 50 $ 11, 000.00 1, 405 S 7, 727. 50 595 3, 272. 50

7 PCC Driveway Approach (T=8") 118 SF 12.00 $ 1, 416.00 100 5 1, 200.00 is S 216.00

8 PCC Curb Ramp 2, 425 SF 10.00 $ 24,250.00 1, 425 14,250.00 11000 S 10 000.009 Concrete Bus Pad

S 10. 00 $

SF 12. 00 S

20, 000. 00 S

S

9 Concrete Bus Pad

10 PCC Cub and Gutter (Type A- 2- 8) 415 LF 30.00 $ 12, 450.00 400 12,000.00 IS S 450.00

H PCC Curb (Type B -I)

585

I LF I 16. 00 $

17, 550. 00 285 8, 550. 00

S

S

12 PCC Cross -Gutter (Anerial Strect) 200 SF 12. 00 $ 2,400.00

4, 800. 00

200 2,400. 00

13 PCC Grinding 40 LF 25. 00 $ 1, 000.00 36 900.00 4 100.00

14 PCC Pattern Stomped Concrete SF S 20.00 $

60 LF 1, 500. 00

S15 Root Shave 1 EA S 500.00 $ 500.00 1 500.00

20. 00 $ 195

16 Ado 'oat Water Valve Frame and Cover to Finished Grade 30 EA S 850.00 $ 25, 500. 00 16 13,600.00 14 S 11, 900.0017 Adjust Sewer and Drainage Manhole to Finished Gade 11 EA 5 800.00 S 8, 800.00 11 S 8, 800. 00

39 S 850. 00 S

18 Adjust Water Meter Fmmc and Cover to Finished Grade

15

EA 800.00 $

24

17 Adjust Sewer and Dmins a Manhole to Finished Grade EA

19 Adjust Survey Monument to Finished Gmde

24, 800. 00

EA 800.00 $

16, 000. 00 11 8, 800.00

4

20 Furnish and Insall New R6 Pullbox

800. 00 S

EA S 800.00 $

S

S

19 Adjust Survey Movurrent to Finished Gadc

21 Fumish and Insall Cast -in Place ADA Truncated Dome Panel

EA

EA S 700.00 S

3 4

S

3, 200.00

22 Famish and Install Traffic Loops Type E 9 EA 250.00 $ 2, 250.00 9 S 2,250.00

2, 400.00

S

S

23 Famish and Install Traffic Loops Type D 22 EA 250.00 $ 5, 500.00 22 S 5, 500.00

S

S

2

24 Temporary Construction Sign 5 EA 900.00 S 4,500.00 2 S 1, 800.00 3 2700.00

25 Signing and Striping 0.5 LS S 38, 500.00 $ 19, 250.00 0.25 9,625.00 0.25 9,625. 00

26 Traffic Control and Tragic Control Plan 0.5 LS 51, 940.00 $ 25, 970.00 0.25 12, 985.00 0.25 S 12, 985.00

27 Pro'ect Advertising Sign 2 EA S 1200.00 S 2, 400.00 1 1, 200.00 1 1, 200.00

28 us utton 7 EA 600.00 S 1, 800.00 3 S 1, 800.00

0.5 51, 940. 00 S

ons roc ion contract

0. 25 S 12, 985. 00 0. 25 S 12 985. 00

27 Pro, AdvertisingSign

S 126 738. 50

Contingency( Mo)

1, 200. 00 1 S 600. 00 1

S 53, 093.00

600. 00

S 12, 674.00

Construction Engineering ( 15%)

S 600.00 $ S

79, 639.00 S 19, 011. 00Design Eman"

741, 335. 60 S

S S 12, 674.00SUB=TOTAL 663, 657.90

43, 320. 00

171, 097.50

Project No. 18-6902: Westminster Ave from Clinton St to Fairview St

Construction Contract

Construction Contract City of Sana Ana City of Garden GroveConstruction Contact S 1, 399, 000. 00 S 964, 130. 30

City of Santa Ana City ofGatden GroveIt.. Description Quantity Unit Unit Price AmouN Quantity Amount Quantity

S 1, 205, 163. 30

Amount

1 Unclassified Excavation 1, 029 CY 60.00 $ 61, 740.00 790 S 47,400.00 239 S 14,340.00

2 AC Pavement (Asphalt Concrete) 2, 555 TN 5 70.00 $ 178, 850.00 1, 615 S 113, 050.00 940 S 65, 800A03 Asphalt Rubber Hot Mix (ARHM) 2, 540 TN S 79. 00 $ 200,660.00 1, 260 S 99,540.00 1, 280 S 101. 120.004 Cold Mill (T- 3") 187,215 SF S 0.24 $ 44, 931.60 86, 085 20,660.40 101, 130 S 24,271.20

5 Cmshed Miscellaneous Base ( CMB) 10 TN 100.00 $ 1, 000.00 5 500.00 5 S 500.00

6 PCC Sidewalk (T=4") 3, 000 SF S 5. 50 S 16, 500. 00 1, 600 8, 800.00 1, 400 7, 700.00

7 PCC DrivewayApproach (T=8') 482 SF 12. 00 $ 5, 784.00 482 5, 784.00

8 PCC Curb Ramp 2, 575 SF S 10. 00 $ 25, 750.00 2, 000 20, 000. 00 575 S 5, 750.009 Concrete Bus Pad 1, 100 SF 12. 00 $ 13, 200.00 1, 100 13, 200.00

10 PCC Cub and Gutter (Type A-2- 8) 585 LF 30.00 $ 17, 550. 00 285 8, 550. 00 300 S 9. 000.0011 PCC Curb (Type B- 1) 300 LF 16.00 S 4, 800. 00 195 3, 120. 00 105 S 1, 680.00

12 PCC Cross- Guner( Arterial Street) 2, 800 SF 12.00 S 33600.00 1, 845 S 22, 140. 00 955 11, 460.00

13 PCC Grinding 60 LF 25. 00 S 1, 500. 00 60 1, 500.0014 PCC Pattern Smmed Concrete 300 SF 20. 00 $ 6,000.00 195 3, 900.00 105 S 2, 100. 00

15 Root Shave 4 EA S 500.00 $ 2,000.00 4 2,000.00 S16 Adjust Water Valve Frame and Cover to Finished Gmde 39 EA S 850. 00 S 33, 150.00 15 12, 750.00 24 20400.00

17 Adjust Sewer and Dmins a Manhole to Finished Grade 31 EA 800.00 $ 24, 800. 00 20 S 16, 000. 00 11 S 8, 800.00

18 Adjust Water Meter Fame and Cover to Finished Grade 4 EA 800. 00 S 3, 200.00 4 S 3, 200.00

19 Adjust Survey Movurrent to Finished Gadc 4 EA 800.00 S 3, 200.00 3 4 S 3, 200.00

20Fumishandlnstall NewOPullbox 6 EA 800.00 S 4,800.00 3 S 2, 400.00 3 S 2, 400.00

21 Furnish and Insall Cast -in Pace ADA Truncated Dome Panel 2 EA 700.00 S 11400. 00 S 2 1, 400.00

22 Punish and Install Tattic Loops Type E 7 EA S 250.00 S 1, 750.00 7 1, 750.00 S

23 Furnish and Insall Traffic Loops Type D 17 EA 250.00 $ 4,250.00 17 4,250.00 S

24 Temporary Construction Si 5 EA S 900.00 $ 4,500.00 3 2, 700.00 2 S 1 800.00

25 Signing andStriping0.5 LS 78, 500.00 $ 19, 250. 00 0.25 9,625. 00 015 S 9,625.0026 Traffic Control and Traffic Control Plan 0.5 LS 51, 940. 00 S 25, 970. 00 0. 25 S 12, 985. 00 0. 25 S 12 985. 00

27 Pro, AdvertisingSign 1 EA 1200.00 S 1, 200. 00 1 S 600. 00 1 600. 00

28 Push Button EA S 600.00 $ S

Construction Contact 741, 335. 60 S 433204.40 S 706,! 31. 20

Contingency ( 10%) 43, 320. 00 S 30, 813. 00

CDoenstmcto 64,981. 00 46,219. 00sign

EngvE%) S 30, 813. 00

SUB -TOTAL S 541, 505.40 S 415,976.20

TOTAL

20A- 16

Construction Contract City of Sana Ana City of Garden GroveConstruction Contact S 1, 399,000.00 S 964, 130.30 S 434,869. 70

Contingency ( 10%) 96, 413. 00 S 43, 487. 00

Construction Engineering ( 15%) S 144,620.00 S 65, 230. 00

Design Engmeering( 10%) S 43, 487. 00

TOTAL S 1, 205, 163. 30 5 587,073. 70

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CITY OF SANTA ANA EXHIBIT 3PROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

BID PROPOSAL

TO: CITY COUNCIL OF THE CITY OF SANTA ANA

FROM: EBS General Eneineerine. Inc.

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposedwork, that they have examined the Contract Documents in its entirety and hereby proposes tofurnish 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 thefollowing schedule:

Item Description Qty Unit Unit Price Amount

I Unclassified Excavation 2,200 CY

3awn2 AC Pavement ( Asphalt Concrete) 5, 300 IN

D3 Asphalt Rubber Hot Mix (ARHM) 5, 100 TN

i

4 Cold Milling (T- 3") 354,000 SF

aV5 Crushed Miscellaneous Base(CMB)* 50 TN

5. 6 PCC Sidewalk(T=4")* 5, 000 SF

S, S7 PCC Driveway Approach (T=8")* 600 SF

d i8 PCC Curb Ramp* 5, 000 SF

C7'

9 Concrete Bus Pad 1, 100 SF

10 PCC Curb and Gutter (Type A-2- 8)* 1, 000 LF

0- 011 PCC Curb ( Type B- 1)* 300 LF

J

12 PCC Cross -Gutter (Arterial Street)* 3, 000 SF

13 PCC Grinding 100 LF

S

P- 1 of P- 17

20A-17

Page 18: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST, PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

Item Description Qty Unit Unit Price Amount

14 PCC Pattern Stamped Concrete 300 SF

C7 000IS RoctShave 5 EA

oD ` SGCJ - 16 Adjust Water Valve Frame and Cover to 69 EA$

pFinished Grade5 b —

17 Adjust Sewer and Drainage Manhole to 42 EAO0 D

Finished Grade7 0 —

18 Adjust Water Meter Frame and Cover to 4 EAFinished Grade

19 Adjust Survey Monument to Finished 4 EAGrade

0O — 3'0o- 02020 Furnish and install New #6 Pullbox 6 EA

0D 21 Furnish and Install Cast -in Place ADA 2 EA

Truncated Dome Panely — J

22 Furnish and Install Traffic Loops Type 16 EAB

2f) — 23 Fumish and Install Traffic Loops Type 39 EA

D

Yb24 Temporary Construction Signs 10 EA

70o-- a, — 25 Signing and Striping I LS

26 Traffic Control and Traffic Control Plan 1 LS i 9 J C

27 Project Advertising Sign 3 EA

347w- 28 Push Button 3 EA

y, Y sO

P- 2 ofP- 17

20A-18

Page 19: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST,

TOTAL BASLE BID 1 $

The lowest responsible bidder shall be selected based on the total base bid. The City reserves theright 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 besubject 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 theright to increase or decrease the quantity of this item accordingly.

t This bid item is considered a Specialty Item per Section 2-3. 2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES

The undersigned bidder hereby proposes to complete the Work for the total base bid amountshown above, within forty- five ( 45) working days after the commencement date stated in theNotice to Proceed.

The liquidated damages amount, in lieu of the amount specified in Subsection 6- 9 of theStandard Specifications, shall be $ 1, 700 per calendar day.

Name of Firm

Signature ofBE

Title President

If an individual, so state. Ifa firm or co -partnership, state the firm name and give the names ofall individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.)

P- 3 ofP-l7

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Page 20: REQUEST FOR COUNCIL ACTION - Granicus

ACTION AND RESQUUTION'BYM-BOARDOEDIRECTOR OF

EBS GENERAL ENUMIMPLNG, INCA CALIFORNIA CORPORATION

All of the Burd ofDirectors OrEBS General Engineering, Jno., desiring to insurethaall the proper and authodzed indivIditalsi who have corporate authority to:bind thesaid corporation to, a4y:and.contracts executed by such authcrized`individuals, haveUenapprovedby'.tlie. board dfdireetors of EBS GeheraLEigineoringi, held a tneedeg onJanuary 3, 2010,

The Hoard, following. a review of the foregoing matter, and upon motion made andseconded, the ffoar4of Directors hereby determine& and votes unanimously as follows:

BENT THEREFORE RESOLVED that Joseph Naaci is hereby designated, authorizedand empowered, to beduly authorized withall the attendant pow.ers. and authorizationsrelated thereto, to bind, obligate and commitEBS General Engineering, Too-, wanyandall contracts exaputed by and between EBS General Engineering, Inc. and any othercontracting party.

There being no further orpending business before the Board, t1w, meeting- wasadjourned.

BOARD OF DURECTQRS

Date:: January 3, 201.0

Z xl LJosrp,Vasci, SofeDirectPic

ATTESTATION.

I, being the Rerelary of the above reftr0eed c6fporatf6b, do-Ifereby. dertify1fiat theabove resolution is: the resolution of the.corporation.

DatedJos , ancirSearetary

20A-20

Page 21: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

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 theCouncil 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, andsigned by the City Attorney, denoting his approval of the form of this document, and itsexecution, and when it or an exact copy of it has been either delivered to BIDDER or depositedwith the United States Postal Service properly addressed to the BIDDER with the correct postageaffixed thereto.

BIDDER further agrees that upon delivery ( as defined above) of the accepted agreement he/ shewill 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 consideredas payment of damages due to the delay and other causes suffered by AGENCY because of thefailure to furnish the necessary bonds and because it is distinctly agreed that the proof ofdamages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, orBIDDER' 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 compensationunder the contract will be based upon the actual quantities of work satisfactorily completed. TheBIDDER 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

Signature ofBE

Title President

If an individual, so state. If a firm or co -partnership, state the firm name and give the names ofall 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- 17

20A-21

Page 22: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

CONTRACTOR' S LICENSING AND REGISTRATION STATEMENT

The undersigned contractor, or corporate officer, declares under penalty of perjury that he/ sheand all his/ her subcontractors are registered with the State of California Department of IndustrialRelations (DIR), and that the following is true and correct,

Contractor' s Name: EBS General Engineering, Inc.

Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879

Business E -Mail Address: [email protected]

Telephone: 951- 279- 6869

State Contractor' s License No. and Class: 720016 A

License Expiration Date: 3/ 31/ 20

State Dept. of Industrial Relations ( DIR) Registration No.: 1000005295

State Dept. of Industrial Relations ( DIR) Registration Expiration Date:

Signed:

Title:

P- 5 of P- 17

20A-22

Page 23: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as wellas 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 ofan 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 suchPrevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect atthe commencement of this Agreement. Contractor shall make copies of the prevailing rates ofper diem wages for each craft, classification or type of worker needed to execute the servicesavailable to interested parties upon request, and shall post copies at the Contractor' s principalplace of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employeesand agents free and harmless from any claim or liability arising out of any failure or allegedfailure to comply with the Prevailing Wage Laws.

The undersigned certifies that the foregoing is true and correct

Name ofFirm

Signature of BE

Title President

if an individual, so state)

P- 6 ofP- 17

20A-23

Page 24: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANAPROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

OWNERSHIP AFFIDAVIT

STATE OF CALIFORNIA ) COUNTY Or ORANGE ) SS: CITY OF SANTA ANA )

JpSeph A. Nanri , being duly sworn, deposes and says:

INDIVIDUAL That be/ she is the party making the foregoing proposal:

PARTNERSIEP That he/ she Is a member of the copartnership iron designated as:

and who has been and is duly vested with the authority to make and execute instrumentsfor the co -partnership by:

who constitute the other members of the co -partnership.

CORPORATION That he is of:

EBS General Engineering. Inc

a corporation which Is making the foregoing proposal: .

JOINT VENTURE That he Is of:

one of the parties making the foregoing proposal as ajoint venture, and the' rc/she hasbeen and is duly vested with the authority to execute instruments for an on behalf of theparties making said bid who are:

that such a bid is genuine and not collusive or sham, and has not in any manner sought bycollusion to secure any avantage against the City of Santa Ana or any person interested in theproposed contr t, foIeslf or any other person.

Signature o idd Joseph A. Nanci, President

Subscribed and sworn to before me this day of 20

Signature of officer Administering Oath ( Notary Public)

P- 7 of P- 17

20A-24

Page 25: REQUEST FOR COUNCIL ACTION - Granicus

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189a^.:_tGr v.-.[.:.?iS.tS Z. C.c:: n:?'.G•n:::, iy.'.rt'.'.i.?.v:'ndn<.GftiitiS.iSL1:,.i'stn:Rtd:utia,Gnyv^_i..c.Yw:G' "nsi.;CA.: t '. L-:.i hC] Si.C,(X'.a.Y'n

A notary public or other officer completing this certificate verifies only the identity of theindividual who signed the document, to which this certificate is attached, and not thetruthfulness, accuracy, or validity of that document.

State of California

County of RIVERSIDE )

On 3 ) TT before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer

personally appeared JOSEPH A. NANCIName(s) of Signer(s)

who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Is/are subscribed to the within instrument and acknowledged to me that helshe/ they executedthe same in his/ her/their authorized capacity(les), and that by his/ her/ their signature(s) on theinstrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument.

WILLIAM E. ELLIS JR.

Commission # 2127990 = m' Notary Public - California n

Orange CountyMy Comm. Expires Oct 23, 2019

r

Place Notary Seat Above

Description of Attached Document

I certify under PENALTY OF PERJURYunder the laws of the State of California thatthe foregoing paragraph is true and correct.

WITNESS myhand and official seal.

Signature.Lt)OU J 1elAa1e IA

Signature of Not ry P lic

Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity( les) Claimed by Signer(s)

Signer's Name: Signer's Name:

o Corporate Officer — Title(s): u Corporate Officer — Title(s): o Partner- Limited o General o Partner- o Limited General

Individual o Attorney in Fact o Individual o Attorney in FactTrustee o Guardian or Conservator o Trustee o Guardian or Conservator

o Other: o Other:

Signer Is Representing: Signer is Representing:

A L,Nt1CsY+fa".fX' N s'{.rsuLc..riA(' rrr-e-: w...,..,,,,crraer.[, euraciscc,[5rrtfeicrf.1'. GGi^,Gr.D"FSFaebCisia<x at.:brx N.uceftax2014 National Notary Association • ewm.NationalNotaro.ora • 1- 800- USNOTARY ( 1- 600-876.6827) Item # 5907

C- 16

20A-25

Page 26: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVG. FROM CLINTON ST TO FAIRVIEW ST.

1 . 11orerown

BOND# 3— B

PREMIUM: NIL

KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC. , as BIDDER, andSURETEC INSURANCE COMPANY , as SURETY,

are held and firmly bound unto the CITY Of SANTA ANA, as AGENCY, in the penal sum of _ TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is len percent ( 10%)

of the total amount bid by BIDDER to AGENCY for the abovc- stated project, for the payment ofwhich sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by thesepresents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about tosubmit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid isaccepted and a contract is awarded and entered into by BIDDER in the manner and timespecified, then this obligation shall be null and void, otherwise it shall remain in full force andeffect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this22ND day of MARCH , 20 18.

BIDDER*

EBS GENERAL EggINEEXNA INC. 1320 E. SIXTH STREET 0100, CORONA, CA 92879

BY: &— - 1 ".'r Joseph A. Nanci, President

SURETY*

Subscribed and sworn to before me this day of20—.

Signature:

Notary Public in and for the County of State of

Provide BIDDER/ SURETY name, address, and telephone number and die name, title, address, and telephone number ofauthorized representative.

AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. 0201ANAHEIM, CA 92807 ( 714) 921- 0530

P- 8 of P- 17

20A-26

Page 27: REQUEST FOR COUNCIL ACTION - Granicus

JURAT FORM

A notary public or other officer completing this certificate verifies only theidentity of the individual who signed the document to which this certificate is

attached, and not the truthfulness, accuracy, or validity of that document

STATE OF CALIFORNIA

COUNTY OF ORANGE )

Subscribed and sworn to ( or affirmed) before me on this 22ND day of

MARCH , 20 18 by SPENCER FLAKE

proved to me on the basis of satisfactory evidence to be the person( s) who appeared

before me.

jd •*:.,. EHIN A. SHERW00DCommisslan # 2116626NataryPu611e• California z

Orange County ' My Comm. Expires Jul 6, 2019

r

NO Y SEAL) NOTARY PUBLIC SIGNATURE

OPTIONAL INFORMATION

THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONSRELYING ON THIS NOTARIZED DOCUMENT.

TITLE OR TYPE OF DOCUMENT

DATE OF DOCUMENT

When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shalldetermine, from satisfactory evidence, that the atHant is the person executing the document. Theaffiant shall sign the document in the presence of the notary.

To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804.

20A-27

Page 28: REQUEST FOR COUNCIL ACTION - Granicus

POA#: 510123

SureTec Insurance CompanyLBMED POWER OF ATTORNEY

Snow All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized andexisting under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presentsmake, constitute and appoint

Charles L. Flake, David L, Culbertson, Spencer Flake, Heather Willis

its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledgeand deliver any and all bonds, recognizance$, undertakings or oth'Cr instruments or contracts of suretyship to include waivers to theconditions of contracts and consents of surety for, providing the bond penalty does not exceed

Ten Million and 001100 Dollars ($ 10, 000, 000. 00)

and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporateseal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in thepremises. Said appointment shall continue in force until 1213112019

and is made under and.by authority of the followingresolutions ofthe Board of Directors ofthe SureTec Insurance Company;

Be it Resolved, that the President, say Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and ishereby vested with full power and authority to appoint any one or' more suitable persons as Attomey(s)- in-Fact to represent and act for and onbehalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge anddeliver, any and all bonds, recognizances, contacts, agreements or indemnity and other conditional or obligatory underfsldngs and any and allnotices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any suchAttorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected bythe Corporate Secretary, Be It Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney orany certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be validand binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20v' ofApril, 1999)

In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate sealto be hereto affixed this 8th day of August , A.D. 2017 . A

SURArdc"FSURETEC Il SfJRAN E ANY

u+. 9` Og By:

m

5John Knox ., ' resi nt

State ofTexas as: )$ T

County ofHarris _, ,

On this 8th day of August , A.D. 2017 before me personally came John Knoxlr., to me known, who, being by me.duly sworn did depose and say, thathe resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the aboveinstrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of theBoard ofDirectors of said Company; and that he signed his name thereto by like order.

XENIA CHAVEZ

Notary Public, State of Texasti" l; yT . Comm. Expires 09- 10.2020

Notary ID 129117659 X ra avez, Notary Publicy commission expires September 10, 2020

I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a. true and correct copyof a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions ofthe Board of Directors, setout in the Power of Attorney are in full force and effect ,

Given under my hand and the seal of said Company at Houston, Texas this7gla of r 2018 A.D.

ty, Assistant Se etarynt Be

Any instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8: 00 am and 5: 00 pm CST.

Page 29: REQUEST FOR COUNCIL ACTION - Granicus

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1489

C.t.'ti4.' Cti!. GAS:4\iZ-:. Ln.4: luCt fwN-: A.1A.14- r i'U.C.l{1YCb:GCA A'.C.LN.f.:Y`.G`:AJ Y..S:IY/LC'A. CM1.`:. 4rAi M1.: AM1YARut'! A) C.tiYA

A notary public or other officer completing this certificate verifies only the identity of theindividual 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 RIVERSIDE )

On ? p, 9vi before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer

personally appeared JOSEPH A. NANCI

Name(s) of Signer(s)

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executedthe same in his/her/their authorized capacity( ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument.

I certify under PENALTY OF PERJURYWILLIAM E. ELLIS JR. under the laws of the State of California that

commission # 2127996 = the foregoing paragraph is true and correct. i Notary Public - Californias ` orange county WITNESS my hand and official seal.

My Comm. Expires Oct 23, 20`19Signature

Signature o oto P blic

Place Notary Seal Above

Description of Attached Document

Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity( les) Claimed by Signer(s)

Signer' s Name: Signer's Name:

o Corporate Officer— Title(s): o Corporate Officer—Title(s):

o Partner - o Limited o General o Partner- o Limited o Generalo Individual o Attorney in Fact o Individual o Attorney in Facto Trustee Guardian or Conservator o Trustee o Guardian or Conservatoro Other: o Other:

Signer is Representing: Signer is Representing:

ItICe" CV& Y1Lui-Y.2.`CLYwY.'4-C1 S-V..C+orSW. iF

2014 National Notary Association . www.NationalNotarv.oro' 1- 800- USNOTARY ( 1- 800- 676-6827) Item #5907

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CITY OF SANTA ANA

PROPOSALPROJECTNO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

LIST OF SUB -CONTRACTORS

Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for allsubcontract work exceeding the following amount:

o Streets, highways including bridge projects: %% of the bid or $ 10, 000, whichever is greater

o Buildings, parks, or other projects: %a% oftbe bid

Section 1725, 5 of the Public Contract Code requires all Subcontractors be registered with the StateDepartment of Industrial Relations (DIR).

BIDDER proposes to subcontract certain portions of the work to the firms listed below:

Name

License #/ Exp1 —) 7b 30(rDIR Reg.#/ Exp. Ia00001` I71, ( 3) Location

Phone / i ' 7) q) $ / QpLType Of Work

Amount $

Name

License #/ Exp. DIR Reg. #/ Exp. License # _

Location _

Phone

Type Of Work

Amount $

Name

License #/ Exp. DIR Reg, #/Exp. License #

Location

Phone

Type Of Work

Amount $

I

Signature of Bidder

Name C C,%l rfoAC L - inLicense #/Exp. Q u

DIR Reg. 4/ Exp. Location

Phone ( ,—

Type Of Work

Amount $

Name

License 9/ Exp. DIR Reg. 9/ 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- 17

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Page 31: REQUEST FOR COUNCIL ACTION - Granicus

CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

The following are the names, addresses, and telephone numbers for THREU public agencies forwhich the BIDDER has performed similar work within the past three years.

1. See attached reference list

Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type ofWork Date Completed

2.

Name and Address ofowner.

Name and Telephone Number of person familiar with project.

Contract Amount Type ofWork Date Completed

3.

Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type ofWorkDate Completed

The following are the names, addresses, and telephone numbers of all brokers and sureties fromwhom BIDDER intends to procure insurance and bonds.

Insrrance• Invensure Insurance Brokers 17991 Cowan Irvine CA 92614 ( 949) 756- 4100

Bonds: Culbertson Insurance Services - 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807

921- 0530

P- 10 of P- 17

20A-31

Page 32: REQUEST FOR COUNCIL ACTION - Granicus

3 YEAR REFERENCES — PUBLIC WORKS

1. Project Name

2016/ 2017 Arterial and Minor Streets Maintenance

Project Address Owner

Various Locations City of RiversidePrincipal Contact Phone

Steve Howard, Construction Project Manager ( 951) 826. 5708

Price of Contract Type of Work Dates

4,594, 000 Streets Maintenance 9/ 2017— on going

2. Project

Concrete Street Rehabilitation, FY 2015- 16

Project Address Owner

Various Locations City of OrangeContact Phone

Matthew Lorenzen, Project Manager ( 714) 744- 5566

Price of Contract Type of Work Dates

574, 850 Minor Concrete, Street Improvements 7/ 2016 to 10/ 2016

3. Pro ect

Washington Square Residential Street Improvements

Project Address Owner

Grand Ave. from First St. to Fourth St. City of Santa AnaContact Phone

Tyrone Chesanek, Principal Civil Engineer ( 714) 647- 5074

Price of Contract Type of Work Dates

984, 925 Minor Concrete, Street Improvements 4/ 2016 to 10/ 2016

4. Project

ADA Access Improvements Del Cerro/ Burma Rd Entrance to PV Nature Preserve

Project Address Owner

Del Cerro/ Burma Rd. City of Rancho Palos VerdesContact Phone

James Flannigan, Asst Eng. ( 310) 544- 5295

Price of Contract Type of Work Dates

99, 470 Exposed Agg. Sidewalk, Ramps, Drive approach 1/ 2017 to 3/ 2017

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Page 33: REQUEST FOR COUNCIL ACTION - Granicus

3 YEAR REFERENCES - PUBLIC WORKS

a

16 Curb Access Ramp InstallationProject Address Owner

Various Locations City of Huntington BeachContact Phone

Jim Escutia, Public Works 714) 536-5525

Price of Contract Type of Work Dates

327, 200 Curb Ramps, Domes 5/ 2016 to 6/ 2016

6. Proiect

Rancho Santa Fe Road ADA Curb Ramp ReconstructionProlectAddress Owner

Rancho Santa Fe Rd City of San MarcosContact Phone

Duane Neyes, Construction Mgr. ( 760) 744- 1050

Price of Contract Type of Work Dates

290, 100 Ramps, Sidewalk, Gutter, Domes 6/ 2017 to 7/ 2016

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CITY OF SANTA ANAPROPOSAL

PROJECT NO, 15- 6825WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST.

PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

ADDITIONAL REFERENCES

The following are the names, addresses, and telephone numbers for THREE public agencies forwhich the BIDDER or Subcontractor has performed similar work In the past five years.

1 • See attached reference list

Name and Address of Owner.

2.

3.

Name and Telephone Number of person familiar with project.

Contract Amount

Name and Address of owner.

Type of Work

Name and Telephone Number of person familiar with project.

Contract Amount

and Address of owner.

Type of Work

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work

Date Completed

Date Completed

Date Completed

The following are the names, addresses, and telephone numbers of all brokers and sureties fromwhom BIDDER intends to procure insurance and bonds.

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CITY OF SANTA ANA

PROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST.

PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

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 undisclosedperson, partnership, company, association, organization, or corporation; that the bid is genuineand not collusive or sham; that the BIDDER has not directly or indirectly induced or solicitedany 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 thatanyone 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 theBIDDER 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 thecontract 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 priceor any breakdown thereof, or the contents thereof, or divulged information or data relativethereto, 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 shambid.

Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are

cautioned that making a fal certification may subject the certifier to criminalprosecution.

Signed Joseph A. Nanci, President

State of California

County of

Subscribed and sworn to ( or affirmed) before me on this day of , 20, byproved to me on the basis of satisfactory evidence to be the

person( s) who appeared before me

Notary Public Signature Notary Public Seal

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189

Cs: n::. t. s?:i.Ct.: tGc.C t:{. LNwYS-C,t.i.•.:i -':i. w.ii.:w: i:.f:Gin.:.LC Nsti.c. C:s1w:CA. rw:S,G•:. c..' z:K:i.':caw-Cw.':..:..: CaY:.LiwS.a'.!: sX.i.C..

Anotary public or other officer completing this certificate verifies only the Identity of thevidual who signed the document, to which this certificate is attached, and not thehfulness, accuracy, or validity of that document.

State of California

County of RIVERSIDE )

On 1- 9— before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer

personally appeared JOSEPH A. NANCI

Name(s) of Signer(s)

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/ are subscribed to the within instrument and acknowledged to me that he/she/ they executedthe same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument.

WILLIAM E. ELLIS JR.

Commission M 2127998 zm Notary Public - California

z Orange CountyMy Comm. Expires Oct 23, 2019

Place Notary Seal Above

Description of Attached Document

Title or Type of Document:

I certify under PENALTY OF PERJURYunder the laws of the State of California thatthe foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

Signature of Notary6c

Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity( les) Claimed by Slgner(s)

Signer's Name: Signer's

Corporate Officer – Title(s): Corporate Officer – Title(s): Partner - Limited General Partner- o Limited GeneralIndividual o Attorney in Fact Individual Attorney in FactTrustee o Guardian or Conservator Trustee o Guardian or ConservatorOther: Other:

Signer Is Representing: Signer is Representing:

F.3YvfX' ^ Gti'CryiC.CCX; Cu:'.."iCY'6:fu.Yl[: Lll.YtiSd:Oi.YiC:.CCASA.'G% s'Gf r: na+rnv+.rX'dY..(511Gf.1SfX:tiSiC'ff.'Ci.YA:C,i:.9i2Cfidfh:. S' :/ Y,i'CiYw2014 National Notary Association ' w . NationalNotaryora' 1- BOO-USNOTARY ( 1. 800- 676- 6627) Item # 5907

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CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE, FROM HARBOR BLVD. TO CLINTON ST.

PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

NON-DISCRIMINATION CERTIFICATE

The undersigned contractor or corporate officer, during the performance of this contract, certifiesas follows:

The Contractor shall not discriminate against any employee or applicant for employmentbecause 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 duringemployment 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, ortransfer, recruitment or recruitment advertising; layoff or termination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. The Contractoragrees 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 onbehalf of the Contractor, state that all qualified applicants will receive consideration foremployment without regard to race, color, religion, sex, or national origin.

3. The Contractor shall send to each labor union or representative ofworkers with which he/she

has a collective bargaining agreement or other contract or understanding, a notice to beprovided advising the said labor union or workers' representatives of the Contractor' scommitments 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 ofLabor.

5. The Contractor shall furnish all information and reports required by Executive Order 11246of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, orpursuant thereto, and will permit access to his/her books, records, and accounts by theadministering agency and the Secretary of Labor for purposes of investigation, to ascertaincompliance 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 ineligiblefor further Government contracts or federally assisted construction contracts in accordancewith 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 ofSeptember 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or asotherwise provided by law.

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CITY OF SANTA ANA

PROPOSALPROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

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 orderunless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant toSection 204 ofExecutive Order 11246 of September 24, 1965, so that such provisions will bebinding upon each subcontract or purchase order as the administering agency may direct asmeans 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 administeringagency, the Contractor may request that the United States enter into such litigation to protectthe interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and asamended, no discrimination shall be made in the employment of persons upon public worksbecause of race, religious creed, color, national origin, ancestry, physical handicaps, mentalcondition, marital status, or sex of such persons, except as provided in Section 1420, and anycontractor of public works violating this Section is subject to all the penalties imposed for aviolation ofthe Chapter. Y. / / f

Signed: / _ // . r

Title: President

Firm: EBS General Engineering, Inc,

Date: 3/ 27/ 18

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CITY OF SANTA ANAPROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS

The undersigned BIDDER is familiar with the requirements of Section 1777. 5 of the State LaborCode regarding employment of apprentices, and understands that contractors on contractsexceeding $ 30, 000 or 20 working days shall:

1. Apply to the joint apprenticeship committee administering the apprenticeship standards ofthe craft or trade in the area of the site of the public work for a certificate approving thecontractor under the apprenticeship standards for the employment and training of apprenticesin the area or industry affected.

2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in theapprenticeship standards.

3. Contribute to the fund or funds in each craft or trade in which he/ she employs journeymen orapprentices 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 shallpay a like amount tothe aliform prenticeship Council.

Signed:

Title: President

Firm: EBS General Engineering, Inc.

Date: 3/ 27/ 18

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CITY OF SANTA ANAPROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST.

STATEMENT REGARDING " ANTI -KICKBACK" REOUIREMENTS

The undersigned is submitting this proposal for performing by contract the work required bythese bid documents, agrees to comply with the Copeland " Anti -Kickback" Act ( 18 USC 74) assupplemented in the Department of Labor regulations ( 29 CFR, Part 3). This act provides thateach contractor or subcontractor shall be prohibited from inducing, by any means, any personemployed in the construction or repair of public ork, to give up any part of the compensation towhich he/she is otherwise entitled.

Signed:

Title: President

Firm: EBS General Engineering, Inc.

Date: 3/ 27/ 18

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CITY OF SANTA ANAPROPOSAL

PROJECT NO. 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

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 aproprietary interest in the BIDDER, ever been disqualified, removed, or otherwise preventedfrom bidding on, or completing a federal, state, or local government project because of aviolation of law or a safety regulation?

Yes No V

If the answer is yes, explain the circumstances in the following space.

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Exhibit 4CITY OF SANTA ANA

CONSTRUCTION CONTRACT

PROJECT NOS. 15- 6825 & 18- 6902

WESTMINSTER AVE IMPROVEMENTS FROM HARBOR BLVD TO FAIRVIEW ST

This CONSTRUCTION CONTRACT is made and entered into this I" day of May, 2018 by andbetween 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 -EBS_,

Geieta # gineerind Jnc. (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 thesatisfaction of the City Engineer of the CITY, the Westminster Avenue Improvements Projecthereinafter 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 CityCouncil.

2, The complete Construction Contract consists of the " Contract Documents" as defined by theStandard Specifications for Public Works Construction and which include the following:

Notice Inviting BidsInformation to Bidders

Bid Proposal

Bid Bond

Contract Form

Contract Bonds

General Provisions

Special Provisions

Technical Provisions and Project Plans

Community Workforce AgreementAppendices

In case of conflict between the Contract Documents, the precedence of documents shall be asestablished in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORKOF IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Ninety -NineThousand Dollars ($ 1;399;000:00); -as set forth and identified in the BID PROPOSAL, which isattached hereto and incorporated herein as Exhibit "A."

The BID PROPOSAL contains

quantities only, and the City dowork will correspond therewith,

class or portion of the work or

advisable.

a schedule of unit price( s) or lump sum(s) based on approximatees not expressly or by implication agree that the actual amount of

but reserves the right to increase or decrease the amount of anyto omit portions of the work as may be deemed necessary or

rev. 09i01a0.1' 1 Page 1 of 3

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4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified inthe Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") includingcommencing construction within the timeframe therein specified after issuance of a Notice toProceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on theWORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wageestablished for such work as set forth in the wage determinations for this work in accordance withapplicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY' S Community Workforce AgreementCWA), 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' swebsite at:

http://www.santa-ana. org/pwa/documents/ CWA.pdf

CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent ( 100%) of the Contract price, to guarantee the faithfulperformance 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 furnishedPayment 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 retentionpayment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bondshall also be required as a condition of project acceptance. For projects up to Five HundredThousand Dollars ($ 500,000), the Warranty Bond amount shall be the greater of Ten ThousandDollars ($ 10,000) or Twenty Percent ( 20%) of the final contract price. For projects above FiveHundred Thousand Dollars ($ 500, 000), the Warranty Bond amount shall be the greater of OneHundred 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 andWorker' s Compensation Insurance as outlined in the General Provisions, to be approved by theCITY.

Page 2 of 3

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IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day andyear first above written.

ATTEST:

MARIA D. HUIZAR

Clerk of the Council

APPROVED AS TO FORM:

SONIA R CARVALHO

City Attorney

By: JFUNK

Assistant City Attorney

RECOMMENDED FOR APPROVAL:

EDWIN "WILLIAM" GALVEZ

Acting Executive DirectorPublicWorks Agency

CITY OF SANTA ANA

RAUL GODINEZ II

City Manager

CONTRACTOR:

EBS General Engineering, Inc.

JOSEPH A. NANCIPresident

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CITY OF SANTA ANAPROPOSAL,

PROJECTNO. 15. 6825

WESTMINSTER AVE, FROM HARBOR BLVD. TO CLINTON ST, PROJECT 18- 6902

WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST.

BID PROPOSAL

TO: CITY COUNCIL OF THE CITY OF SANTA ANA

FROM: EBS General Engineering, Inc.

REQUIREMENT:

EXHIBIT A

The undersigned bidder declares that they have carefully examined the location of the proposedwork, that they have examined the Contract Documents in its entirety and hereby proposes tofurnish all material and do all the work required to complete the said work in accordance withsaid plans ( if arty) and the specifications for the unit price( s) or lump sum(s) set forth In thefollowing schedule:

Item Description Qty Unit Unit Price Amount

1 Unclassifled Excavation 2,200 CY

o- 2 AC Pavement (Asphalt Concrete) 5, 300 IN

3 Asphalt Rubber Hot Mix (ARHM) 5, 100 TN

i

4 Cold Milling (T`=3") 354, 000 SP

5 Crushed MiscellaneousBase( CMB)* 50 TN

00' 6 PCC Sidewalk(T=4")* 5, 000 SF

7 PCC Driveway Approach ( T=8")* 600 SF

d 8 PCC Curb Ramp* 5, 000 SP

Q- 9 Concrete Bus Pad 1, 100 SF

r

10 PCC Curb and Gutter (Type A-2- 8)* 1, 000 LF

011 PCC Curb (Type B- 1)* 300 LF

L12 PCC Cross -Gutter ( Arterial Street)* 3, 000 SP

lr 3 13 PCC Grinding 100 LF

1

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CITY OF SANTA ANA

PROPOSALPROJECT NO, 15- 6825

WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON Sr. PROJECT 18- 6902

WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST.

Item Description Qty Unit IInitPrice Amormt

14 PCC Pattern Stamped Concrete 300 SF

15 Root Shave 5 EA

a0 — Soo — 16 Adjust Water Valve Frame and Cover to 69 EA

Finished GradepsO

17 Adjust Sewer and Drainage Manhole to 42 EAFinished Grada

O18 Adjust Water Meter Frame and Cover to 4 EA

0

Finished Grade0

19 Adjust Survey Monument to Finished 4 EAGrade

Fop20 Furnish and Install New H6 Pullbox 6 EA

i

21 Fumish and Install Cast -in Place ADA 2 EATruncated Dome Panel

22 Furnish and Install Trafllc Loops Typa 16 EAE

23 Furnish and Install Trafl o Locps Type 39 EAD

2,50 9,7224 fiemporaCo Construction Signs 10 EA

25 Signing and Striping 1 LS

26 Traffic Control and Traffic Control Plan 1 LS

27 Project Advertising Sign 3 EA

28 Push Button 3 EA

yFb O

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CITY OF SANTA ANAPROPOSAL

PROJECT NO, 15- 6825

WESTMINSTER AVE. PROM HARBOR BLVD. TO CLINTON ST. PROJECT 18- 6902

WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST.

TOTAL BASE BID 1$

The lowest responsible bidder shall be selected based on the total base bid. The City reserves theright 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 besubject to the " 25%" limit as stated in Section 3- 2 of the Standard Specifications. The actualamount for this Item will be dictated by the actual quantity used, and the Agency reserves theright to increase or decrease the quantity ofthis item accordingly.

j' This bid item is considered a Specialty Item per Section 2-3. 2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES

The undersigned bidder hereby proposes to complete the Work for the total base bid amountshown above, within forty-five ( 45) working days after the commencement date stated in theNotice to Proceed.

The liquidated damages amount, in lieu of the amount specified in Subsection 6- 9 of theStandard Speclfications; shall be $ 1, 700 per calendar day, Name of Firm

Signature ofBE

Title President

If an individual, so state. If a firm or co -partnership, state the firm name and give the names ofall individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.)

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COST ANALYSIS

CONSTRUCTION OF PROJECT NO. 15- 6825 & 18-6902: WESTMINSTER

AVENUE IMPROVEMENTS FROM HARBOR BOULEVARD TO FAIRVIEW

STREET

Construction Contract 1, 399,000. 00

Contract Administration 88, 850. 00

Inspection and Testing 121, 000. 00

Design Enginee( ingEngineering 43,487.00

Contingencies 139,900. 00

TOTAL ESTIMATED CONSTRUCTION COSTS 1, 792,237. 00

1* 3711: jiml

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