CITY OF SANT A 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:
I. 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
• BidBond
• 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. rev. 09/01/2017 Page I of 3
4. CONTRA CTOR agrees to complete the WORK OF IMPROVEMEN T within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") includ ing commencing construction within the timeframe therein speci fied after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all emplo yees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salaty or wage established for such work as set forth in the wage determinati ons for this work in accordance with appl icable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workfo rce Agreeme nt (CW A), a pre-hire collective bargain ing agreement , which establishes the labor relations policies and procedur es for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CW A may be found on the City' s webs ite at: http://www.san ta-ana.org/pwa/docume nts/CW A.pdf
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 faithfu l performance of the work (Performance Bond), and one in the amount of One Hundred Perce nt ( 100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payme nt Bond). This Contract shall not become effect ive until such bonds are supplied to and approved by the CITY.
8. CONTRACTO R shall, prior to the release of the performance and payment bonds or the retention payment, furnish a watTanty performanc e and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project accep tance. For projects up to Five Hundred Thousand Dollar s ($500,000). the Warranty Bond amount shall be the greater of Ten Thou sand Dollars ($ 10,000) or Twenty Percent (20%) of the fina l contract price. For projects above Five Hundred Thousand Dollar s ($500,000), the WalTanty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRAC TOR sha ll, after award of this Contract, furnish Certificates of Liability Insurance and Worker 's Compensation Insurance as outlined in the Genera l Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CON TRACTOR and its Subcontractors hereby agree to defend , indemni fy, 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, includin g death to any person or damage to any propert y, arising directl y or indirectl y from , or in any manner relating to, any of the following:
(i) Performan ce or nonperfonnance of the Work of Improvement by CONTRACTOR or its Subcontra ctors of any lower tier;
(ii) Performance or nonperforman ce by CONTRACT OR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents ;
(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 docw11ents 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 lndemnitee.
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:
SO 1A R. CARVALHO
City Attorney
By: '0£ L //&JiwAL-
1)t~E NELLESEN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RODOLFO ROSAS, P.E.
Acting Executive Director
Public Works Agency
CITYOFSA TAA A
ALVARO NUNEZ
City Manager
CONTRACTOR:
GEMS Environmental Management Services, lnc.
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas,
[email protected], c=US
Date: 2026.01.05 13:58:19 -08'00'
Cit, 1',:Jr' 1An1
Ol J,:<,r,, ~-Ii ! o., 74 f!.KI S 1 11 )fl h' p!J t .. 2 00:, t, (.!J 'l1.4 1 1 10J2025 2 00 Pt~ (P'S 1 I Bid Results
Bidder Details
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 [email protected]
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
Confirmat ion# 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 Affidavi t.pdf
Bid Bond.pdf
Non-Collusion Affidavit .pdf
EXHIBIT A
File Type
General Forms
P,-t:, 1 l f 3
Pr,11ta,j I 1'21-202')
Ownership Affidavi t (Notary Public) • REQ Original Hard Copy Bid Bond Guaranty (Notary Public)• REQ Original Hard Copy Non-collusion Affidavi t (Notary Public)• REQ Original Hard Copy Pr
Line Items
Discount Terms No Discount
Item# Item Code Typt Ite m Oucrlptl on UOM QTY Unit Price Line Tota l RuponH Comment TOTAL I ASI! 1!110 {Items 1·13) S674,1Ol.4O
Remove Underground Storage Tlnks LS $33,084.00 Sll,O14.OO Yu Remove Above Ground fuel Stor1ge Tank/Dispen ser System LS $3,444 .00 $3,444.00 Y•• Remove l!xlstl ng Metal Enclosure LS $3,3 18.00 $3,318.00 Yu Concrete ulssons/structura l footing foundations LS $37,049.22 $37,049 .22 Yu Insult Above Ground Fuel Stortg e Tank/Dispenser System LS S 123,2 87.22 $123,287.22 Y•• Instill Portable Dl!F Storage Tank LS $25,147.76 $25,147,76 YU Instill metll bollards LS $10,907.22 $10,907.22 Yts
lnih tl Metil Structure /Canopy with meta l decking and metal roofing LS $132,263.22 $132,20.22 Yts Fire exti nguishers LS S-420.00 $420.00 Yts
10 10 Product plpu , vapo r pipes and fittings and 1ecessortu , plpt support LS S11,763.22 S11,76J ,2Z Yts 11 11 Transitio n sumps &. vapor pot LS $12,600.00 S12,600.00 Yts 12 12 Vudtr-Root ns lOOC LS $40,141.22 $40,141.22 Yts
1l 1] Unlttdtd+ Oltstl fvtl dispenser, Z•host LS $42,696.22 $42,696.2 2 y., 14 14 Dispensin g pump control pane l LS ss.,o .oo ss., o.oo Yes 1S 1S P'u•l turbines LS S16,06.22 S16,196.2 2 Yts
,. ,. Electric duct b11nk for slgn,1l ,and powu, pull boxes, ublt tr11y, utulor •ltctrlul pantl LS $29,273.22 S29,273.22 Yts 17 17 Powu, contro l and communication conduits , cables, seals and support LS $17,141.22 SH,141.22 y., 11 11 Concrt:tt pnement rtmo valflnst. tl,1tlon
·~
1100 $SO.SO sss,uo.oo Yts
,. 19 P'end ng and 8urlc11du LS S17,367.22 S17,367.22 Yts 20 20 Disposal of construction materials LS S21,557.22 S21,SS7.22 Yts 21 21 Sheeting, shoring, bracing and excavation protect ion LS SU,224 .0O S13,224,OO Yu 22 1Z As•Bullt Pl,1ns LS SS,00O.00 ss,00O.00 Yts
2l 2l Construction Permit LS s1O,O00.0O s1O,ooo.oo Yts
24 ,. OCHCAl'us LS S5,000.00 ss.000.00 Y•s
C1t,cfS
OLFA1-r S1w.on ..tf- 1 ·Id iqon 11 IIJJ202 ZOOP\1 I' ,r Line Item Subtotals
Section Title
TOTAL BASE BID (Items 1-13)
Line Total
Grand Total
I lj S .•
p 1• II 1/hi,
$674,10 3.4 0
$674,103.40
EXHIBIT B
TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDA TED 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.: 24-60S3
SANTA ANA FIRE STATION 74 FUEL STATION REPLACEMENT
Name of Firm GEMS Environmental Management Services, Inc.
Signature of BIDDER ~ I
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