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Home My WebLink About23A - CA PROFESSIONAL ENGINEERING FOR BIKE TRAIL AND SADDLEBACK PARKREQUEST FOR COUNCIL ACTION [a]III r-ed la.I:s]10JA1=I =111II.tea UelIA DECEMBER 17, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC. IN THE AMOUNT OF $421,043 FOR THE PACIFIC ELECTRIC BIKE TRAIL AND SADDLEBACK VIEW PARK SECURITY LIGHTING PROJECT, WITH AN ESTIMATED TOTAL PROJECT COST OF $568,409 (PROJECT NOS. 18-7524 & 18-7533) {STRATEGIC PLAN NOS. 6, 1 B, 1 G} Eel I=11N:(+] Md la.Eel I WWI =11115•].IWI i APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2" ° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $421,043, for construction of the Pacific Electric Bike Trail and Saddleback View Park Security Lighting Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $568,409, which includes $421,043 for the construction contract; $63,157 for contract administration, inspection, and testing; and a $84,209 project contingency (approximately 20% of the construction contract amount) using Community Development Block Grant funds. DISCUSSION The Pacific Electric Bike Trail is an off-street bike trail that runs parallel to Maple Street from McFadden Avenue to Occidental Street. Saddleback View Park is located at Patricia Lane (Exhibit 1). Both locations currently have inadequate lighting, which can be a safety hazard. The scope of work includes new concrete poles with energy -efficient LED fixtures, foundation, electrical cabinets, electrical conduit, and wiring. Once completed, these improvements will enhance lighting levels and safety for both locations. The Community Development Block Grant (CDBG), one of the longest -running programs of the U.S. Department of Housing and Urban Development, funds local community development activities with the stated goal of providing affordable housing, anti -poverty programs, and 23A-1 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 2 infrastructure development. The CDBG Program was created through the Housing and Development Act which was adopted in 1974, and returns income tax funds to cities and counties to develop viable urban communities, primarily for the benefit of low and moderate income people. Funds for this project were allocated by the City Council on June 4, 2019 upon approval of the Fiscal Year 2019-20 CDBG Program. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 27, 2019 and October 2, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 15, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 561 vendors, including 29 located in the City of Santa Ana, were notified of the project via PlanetBids. Bid documents were requested from 34 vendors and bids were received from 9 contractors. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 California Professional Engineering, Inc. La Puente $421,043 2 GDM Inc. Chino $481,420 3 Elecnor Belco Electric, Inc. Chino $526,130 4 Select Electric, Inc. Vista $529,777 5 YAKAR Covina $549,000 6 Fortte Construction, Inc. Buena Park $553,605 7 Aid Builders Inc. Los Alamitos $560,000 8 International Line Builder's, Inc. Corona $575,229 9 Alfaro Communications Construction, Inc. Compton $681,000 All nine bids were responsive. California Professional Engineering, Inc., submitted the lowest responsive bid, in the amount of $421,043 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to California Professional Engineering, Inc. in the amount bid. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost 23A-2 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 3 Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $568,409. Construction Contract $421,043 Construction Administration, Inspection, and Testing $63,157 Contingencies $84,209 ESTIMATED CONSTRUCTION DELIVERY COST $568,409 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.)). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2017-142 and ER- 2018-106 were filed for the projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $568,409, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted and scheduled for expenditure in Fiscal Year 2019-20 to deliver construction of this project: Fiscal Accounting Unit- Fund Description Accounting Unit, Amount Year Account# Account Description FY 2017-18 CAPITAL IMPROVEMENT PROGRAM APROVED BUDGET 13518783-66220 Community CDBG Programs — FY 2019-20 July -June (Project 18-7524) Development Block Improvements Other $456,543 Grant Than Buildings 13518783-66220 Community CDBG Programs — FY 2019-20 (Project 18-7533) Development Block Improvements Other $111,866 July -June Grant Than Buildings Total: $568,409 23A-3 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 4 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Lisa Rudloff Executive Director Parks Recreation and Community Services FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23A-4 23A-5 City of Santa Ana Page 1 Security Lighting for 18-7524 Pacific Electric Bike Trail & Project 18-7533 Saddleback View Park (18-7524 & 18-7533), bidding Printed 11/18/2019 EXHIBIT 2 Bid Results Bidder Details Vendor Name California Professional Engineering, Inc. Address 929 Otterbein Avenue Unit E La Puente, CA 91748 United States Respondee Van Nguyen Respondee Title President Phone 626-810-1338 Ext. Email van@cpengineeringinc.com Vendor Type SBE,MBE,CADIR License # 793907 CA DIR Bid Detail Bid Format Electronic Submitted October 15, 2019 1:32:02 PM (Pacific) Delivery Method Bid Responsive Yes Bid Status Submitted Confirmation # 192960 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Attachments General Attachments.pdf General Attachment Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bid Bond (3).pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit Non Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items 1 New Security Lighting atPacifc Electric Bike Trail LS 1 $298,000.00 $298,000.00 2 New Security Lighting atSaddleback View Park LS 1 $68,693.00 $68,693.00 3 Additional Wiring* LF 300 $2.50 $750.00 PlLei✓6 Tris City of Santa Ana Page 2 Security Lighting for 18-7524 Pacific Electric Bike Trail & Project 18-7533 Saddleback View Park (18-7524 & 18-7533), bidding Printed 11/18/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 4 Additional 2" Conduit* LF 300 $18.00 $5,400.00 5 Additional Light Pale* EA 4 $3,650.00 $14,600.00 6 Additional Light Pale Assembly* EA 4 $5,650.00 $22,600.00 7 As -Built Drawings (PE Bike Trail) LS 1 $500.00 $500.00 8 As -Built Drawings (Saddleback ViewPark) LS 1 $500.00 $500.00 9 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $421,043.00 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 10 = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantify used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. ea 0 0 0 11 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $421,043.00 PlLetal Tr, CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to Furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I New Security Lighting at I LS S $ Pacific Electric Bike Trail as b �ae48�) 2 New Security Lighting at I LS $ $ ,� Saddleback View Park 3 laS� 3 Additional Wiring* 300 LF $ S 75-0 4 Additional 2" Conduit* 300 LF $ $ B � 5, � t �� 5 Additional Light Pole* 4 EA $ $ �5O 6 Additional Light Pole Assembly* 4 EA S $ 7 As -Built Drawings (PE Bike Trail) I LS $ 8 As -Built Drawings (Saddleback View I LS $ o $ Park) �� 9 Labor Agreement Oversight 1 LS $ 10.000 1 ;(� Ik CITY OF SANTA ANA PROPOSAL PROJECTNO. 18-7524: PACIFIC ELECTRIC BIKETRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING TOTAL BASE sin 3 = The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used. and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 75 workine days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,200 per calendar day. Name of Firm Signature of BII Title F'resident , SQ.cre+ArV MsrrJ"Eiz (If an individual, so state. If a firm or co -partnership, state the fine 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) L�A_b MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTORS CALIFORNIA PROFESSIONAL ENGINEERING, INC. The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of the corporation located at 929 Otterbein ,Avenue, Unit E, La Puente, CA, 91748.. USA on January 21, 2019, The Director present was VAN TAN NGUYEN. President acting as Chairman, same being VAN TAN NGUYEN, The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of the Corporation. Upon motion duly made, it was: Resolved, that the Chairman be requested to cause the same to be spread at length upon the minutes. Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve until their successors are elected and qualified: VAN NGUYEN. PRESIDENT VAN NGUYEN, SECRETARY PHUONG-THAO NGUYEN, CHIEF FINANCIAL. OFFICER (CFO) Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation. The President, Secretary, and T reasurer thereupon assumed their respective offices. The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the same were, on motion duly made, seconded and unanimously carried, in all aspects ratified and adopted by this Board of Directors, There being no further business to come before the meeting, upon motion duty made, seconded and unanimously carried, the same was adjourned. The foregoing minutes of JanuaV 21, 2019 are approved: VAN NGUYEN, President (corporate seal) 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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 rm of this document, and its execution, and when it City Attorney, denoting his approval of the fo 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 California Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state all individual co-partners composing the firm. If a corpora and names of President, Secretary, Treasurer and Manager, Te firm name and give the names of on, state legal name of corporation, thereof.) CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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: California Professional Engineering Inc. Business Address: 929 Otterbein Ave, Unit E La Puente CA 91748 Business E-Mail Address: van@cpengineeringinc.com Telephone: 626-810-1338 State Contractor's License No. and Class: 793907 A C- t License Expiration Date: 04/30/2021 State Dept. of Industrial Relations (DIR) Registration No.: 1000377609 State Dept. of Industrial Re a U ons (DIR) Registration Expiration Pate, Siened: Title: President �it'�I-f2 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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 ofam failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name ofFirm California Professional Erin Ana-4nc_A Signature of BIDDER Title President (if an individual, so state) hk-T1 3 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING OWNERSHIP AFFIDAVIT S"FAH OFCALIFORNIA ) COON:IY OF ORANGI? ) SS: CITY OF tiAN IA ANA ) . being duly sworn, deposes and says: ❑ INDIVIDUAL I hat he/she is the partVmaking the fORgoing proposal: ❑ PARTNERSHIP That he/she is a memhcrof the co -partnership firm designated as: and who has been and is dull vested with the authorih to make and c\ccute instruments for the co -partnership bN: who constitute the other members of the co -partnership. VCORPOR.AIION that he is ol: ❑rasaern a corporation which is making the foregoing proposal: ❑JOINT V EN I U R 1, That he is o C. one of fhe parties making the la-ceoiug proposal as ajoad venture, and the heishe has been and is duly vested with the authorih to execute instruments liar an on behalf of the parties making said bid who are: that such a b' is genuine and not collusive or sham, and has not in any manner sought by collusion to sec re a a van�ageainst the City of Santa Ana or any person interested in the proposed contra fo himself her person. Signatur o idder �Q Subscribed and sworn to befor me this day of 20 Signature of officer Administering Oath (Notary Public) ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles I Ss. On I I W Z I� _, before me Alicia Nguyen Notary Public, DAI E j personally appeared �/ n who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALICIA NGUYEN COMM. # 2211346 a ROTARY PURUC-CAUFORN1A LOS ANGELES COUNTY Comm. Exp. AUG. 25, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'SSIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv, or validitv of that document. PLACE NO'I ARY SEAL IN ABOVE SPACE The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) -�/ INDIVIDUAL } [id CORPORATE01-FICER RQSId�xcr ❑ PARTNER(S) nTE(s ❑ ATTORNLY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDI.ANICONSERVATOR ❑ OTHER.._... SIGNER (PRINCIPAL) IS REPRESENTING: NAME01PBRSON(S) OR I:u I11 ) OLS) DESCRIPTION OFATTACHED DOCUMENT 11IL60R 11760E DOCUMENT NUMBER OP PAGES DATE of oocu�mN r RIGHT THUMBPRINT OF SIGNER 01HER-... ---- APA IA012VOTARYBONDR,SIPPLILSAND IORMSATIMP'AC'V1'NI VAI. I FYSIFRRA.COM t2005-?ultVMJIV-SIP-RRA INSCRANCE 23A-15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING KNOW ALL PRESENT that, California Professional Engineering Inc , as BIDDER, and United States Fire insurance omnany , 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 Bid Amount Dollars ($ 10%of bid amp_), 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. 1N WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14th day of October 2019. BIDDER* SURETY* Irene Luong, Attori Subscribed and Signature: atE Notary Public in and for the County of Suite 160, Mission Viejo, CA 92691, T:949-461-7725 See Attached , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 ofP-16 23A-16 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles SS. On �I 1;�,101(i , before me, Alicia Nguyen Notary Public, DATE �� personally appeared VQh 1 Oq'f ¢X who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALICIA GUYEN CautM. # 2211346 NOTARY PUBLIC •CAU ML4 g LOS ANGELES COUNT Comm. Exp. AUG. 25, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv. or validitv of that document. P1..4CE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL [9'CORPORATF OFFICER ��e�Jea- ❑ PARTNER(S) Tuie(s) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAMii01 PF.RS0N(S)0R1NJ11Y(IES) APA V_012 DESCRIPTION OFATTACHED DOCUMENT ITI LE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OFDOCUMENT — .— OTHER RIGH"F TI IUMBPRINT OF SIGNER NOTARY BONDS. SCPPLIES AND FORMS AT HTTP:1AVNWAALL EY-SIERRA.CO?7 €'2�(IS-2003 V4LI.EXS7FRRA INSliitANCE 23A-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On October 14, 2019 before me, Robyn R. Kargari , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) g ROBYNRKARGARI NCOMM.# 2296844 X NOTARYPIXlXtAU0RNIA.'0 C4ORANGE COUNTYYCOMbL EXP. JULY 13, 2023 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ��/ Place Notary Seal Above n eta Ebro Robyn R. Kargari OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 23A-18 POW ER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its time, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-president, any Assistant Vim President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10 day of March, 2016, UNITED STATES FIRE INSURANCE COMPANY r - State of New Jersey) Anthony R. Slimowicz, Executive Vice President County of Morris ) On this 10" day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIASCALAi-a 1j-'✓-"'i„�% NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 1, the underigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attomey of which the foregoing is a ;uh, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 14th day Of October , 2019 RIP UNITED STATES FIRE INSURANCE COMPANY Vice President STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NO 07812 SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, United States Fire Insurance Company Of Wilmington, Delaware , organized under the laws of Delaware , subject to its Articles of Incorporation or otherfundamenral organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, thefollowing clauses of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or trap hereafter be defined in the Insurance laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the hohler hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are it, effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 31st day of Decembers _20 03 ,Ihave hereunto set my hand and caused my official seal to be affixed this 31st day of December 2003 M 4VG GUU2`Q _ Asst. "e a ty NOTICE: Qualification with the Secretary of State must be. accomplishrd as requ r aC6tpOrafiort& Co pcomptl,y. aftu issuance of this Certificate of Authority. Failure [e do so wilt oe a violation of Incur nedCc&t5ection.701 and will N grounds for revoking this Certificate of Authority pursuant to the convenors made in the application therefor and the conditions contained herein. ronsi cn., Cara sszt. 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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: %z% of the bid or S 10,000, whichever is greater o Buildings, parks, or other projects: 'i20;o ofthe 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 ofthe work to the toms listed below: Name t>C t>W1LL,r4CA IN G Name License #/Exp. gq_5-7 444 License#/Exp. DIR Reg. 4/Exp. ` '9t�'zl` q 9� _ DIR Reg. 4/Exp. Location GA F �- "r+ IQ1ya 4v Phone �{g / - 4j fPY� f /G7- Phone Type Of Work j3a2E 'Type Of Work Amount$ 47t�ia� Amount$ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ , Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of W ork Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ �%' 41 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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. Please see attached Name and Address of Owner. 3. Name and Telephone Contract Amount Name and Address of owner. of person familiar with project. Type of Work Name and 'I elephone Number of person familiar with project. Contract Amount Name and Address of owner. 'Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached 2;3A'-' 0 0 it l N VJ N L J M O7 N O Q_ Cn O R C @ 4' 0— a Q O -1 @ O C CON LL Q J v C6 C O C O C C O C d' d cOG V C N W N O O C pv- � (j v) m O N N Z O N C7 N V O U o O U m V 0 O � M o N N G Y Z Y Y Z o w W X W s O N O O W C co N O d W O jn O of of � p o N o p o N m a ) ° @ as _m c} c�v aoi o ii o 23A 23 0 O 0 p p o 0 0 d � U O� O` V} @ > Cf) O N _ F-= c M 3p p Cl� O @ N N C. N N � p U U Q Q t4 �O CJ = O N O p @ = O O ate. U � m M 6 @ @ . M OJ � O� UC COO p J Q DU ZE m OO M m Q � 3 M > d M O QJ O C _N O N U O U O w U C CO U S` @ w � m m U �= U U U O UO M = W cep p O O h- I� N O M IX3 M p M W N p ^ N @ WLU W W � V N N N p p � Z V V M O d O N T N T N N _T O J T @ p O O CEO � O � O � N N 2 A-24 M 23A-25 California Professional Engineering, Inc. o r Bonding and Insurance Information We intend to procure all bonds from: United States Fire Insurance Company Broker: The Bond Exchange Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949-461-7000-office # 949-461-7725-fax # ymullick@thebond-exchange.com We intend to procure all-general/access liability/auto liability certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com We intend to procure all workers' compensation certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com document last modified 08.22.2019 929 Otterbein Avenue, Unit E. La Puente, CA 917481 Ph: (23Ami ": (626) 810-13221 Email: estimating@cpengineeringinc.com CITY OF SANTA ANA PROPOSAL PROJECLNO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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. I . Please see attached Name and Address of Owner. 3. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. 'hype of Work Name and I elephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cg=gineeringinc.com CaliforniaProfessional Engineering, Street Lighting -Job References PROJECTS: Design — Build High Voltage Streetlight System Rewiring Amount: $547,044.66 Owner: City of Santa Ana Project Manager: Tyrone Chesonek Email: tchesonek@santo-ona.org Contact Phone #: (714) 647-5690 Fax #: (714) 647-5622 Status: Completed Approximate Start/End Dates: Feb 2015-March 2016 Description of Supplies, Equipment, or Services Provided: Convert High Voltage Wiring to Low Voltage Wiring, Design/Build, Installation of Lighting Fixtures, and Conduit. Installation of Sport Field Lighting System Amount: $65,501.00 Owner: City of Huntington Park Project Manager:Josette Espinosa Email: jespinosa@hpco.gov Contact Phone #: (323) 584-6216 Fax #: (323) 588-4577 Status: Completed Approximate Start/End Dates: Dec 2015-Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring, Pull Box, Sports Field Lighting Fixtures, and Lighting Poles. Firestone Blvd Improvement Project Amount: $409,305.58 Owner: City of Downey Project Manager: Keith Hoey Page 1 of 1)01I'Meni Lm-1 Up�lnted 4 J 2016 23A-28 Email: khoey@downeyco.org Contact Phone #: (562) 622-5898 Fax#: (562) 904-7296 Status: Completed Approximate Start/End Dates: April 2014-August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pull Boxes, Pedestals, LED Fixtures, and Light Poles. Street Light in Lieu Amount: $244,716.35 Owner: City of Ontario Project Manager: Johnson Huo Email: jhuo@ci.ontorio.co.us Contact Phone #: (909) 395-2131 Fax #: (909) 395-2122 Status: Completed Approximate Start/End Dates: Jan 2014-April 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pullboxes, Pedestals, LED Fixtures, and Light Poles. Old Towne Street Lighting Improvements Amount: $453,145.00 Owner: City of Orange Project Manager: Medel Lanes Email: mllones@cityoforange.org Contact Phone #: (714) 744-5535 Fax #: (714) 744-5573 Status: Completed Approximate Start/End Dates: Jan 2012-April 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Pedestals, Street Lights w/ Fixtures, and Light Poles. Installation of Street Lighting on Mountain Street from Craig Ave Amount: $335,166.00 Owner: City of Pasadena Project Manager: Chris Hernandez Email: cehernandez@cityofpasodena.net Contact Phone #: (626) 744-4303 Fax #: (626) 396-7931 Status: Completed Approximate Start/End Dates: Jon 2012-May 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Street Light Pullboxes, LED lamps, Post Top Concrete Streetlights, Street Light Conductors, and Modify Existing Street light Feed Point. Pa,-e 2 of 3 Docamem Lass I lAaed 4 i 2016 23A-29 Street Light Installation — Guinida Lane Amount: $20Z345.50 Owner: City of Anaheim Project Manager: Mark Brownrigg Email: mbronwrigg@onaheim.net Contact Phone #: (714) 765-4300 Ext. 4596 Fax #: (714) 765-5225 Status: Completed Approximate Start/End Dates: Aug 2011-March 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduits, Wirings, Service, Foundations, Street Light Poles, and Luminaires. Page 3 of 3 Docvrrsenl host Updnled 4 5 2016 23A-30 California r essi 1 Engineering, Inc Bonding and Insurance Information We intend to procure all bonds from: United States Fire Insurance Company Broker: The Bond Exchange Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949-461-7000-office # 949-461-7725-fax # ymullick@thebond-exchange.com We intend to procure all generabaccess liability/auto liability certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com We intend to procure all workers' compensation certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com document last modified 08,22.2019 929 Otterbein Avenue, Unit E. La Puente, CA 917481 Ph: 24DA*3ltx: (626) 810-1322 1 Email: estimating@cpengineeringinc.com CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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 anv 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 BI DDER, or to secure any advantage against the publ is 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 o- agent thereof to effectuate a collusive or sham bid. Note: Theabove 0h-, ollusionAffid vitis srtoftheProposal. BIDDERS are cautioned that rn�.Jnl a fals� iticationtntay�ubject the certifier to criminal prosecution. Signed State of California County of__ Subscribed and sworn to (or affirmed) before me on this day of , 20_, by _, proved to me on the basis ofsatisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal L 111f 3S2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles On jD { S 2a1 , before me, DATE I SS. Alicia Nguyen Notary Public, personally appeared VOA f ��P� who p)roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the ideniity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv. or validity of that document. PLACE NOI:ARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ I INDIVIDUAL [v CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) p{2 (�"P'hA- I TLE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER.(PRINCIPAL) IS REPRESENTING: NAMI 01 I'ERSON(S) OR ILN'l l'IY(1ES) APA 1 2011 DESCRIPTION OFATTACHED DOCUMENT rl i LE OR`I PE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUNINI.____--- _-- - O1HER RIGHT' THUMBPRINT OF SIGNER \01ARYBONDl SLPPLI6SAND I ORMS.ATHTIP hA'R'&',VAI I EY StFRRA_C O\I _ 200>= 00S AI I.[Y-Sfl RR.A1NSURANCE 23A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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 Cont•actorshall, in all solicitations or advertisements for employees placed by or on behalf of the Contactor, 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 ofthe 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. ig ffJ4 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I ) 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. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939. and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of ublic Vvor violating this Section is subject to all the penalties imposed for a violation of the Chapter.; A �1 Signed: Title: President Firm: California Professional Engineering Inc. Date: 10/15/2019 �Qf H A CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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 fora 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 emplovsjourneymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other c tractors, except com ctors not signatory to the trust agreement shall pay a like amount the ' ornia Ap ent�ac of Council. Signed: Title: President Firm: California Professional Engineering, Inc. Date: 10/15/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING STATEMENT REGARDING "ANTI -KICKBACK" RE OUIRFMENTS 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 CPR, Part 3). This act provides that each contractor or subcontractor shall be prohibi d from inducing, by any means. any person employed in the constructi�on or repair of public 'ork, to give up any part of the compensation to which he/she is other�vise(eltylle Signed: Tide: President Firm: California Professional Engineering Inc. Date: 10/15/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECTNO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING 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. Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NOS. 18-7524AND 18-7533 PACIFIC ELECTRIC BIKE TRAIL AND SADDLEBACK VIEW PARK SECURITY LIGHTING PROJECTS This CONSTRUCTION CONTRACT is made and entered into this 17s' day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and California Professional Engineering, Inc. (hereinafter "CONTRACTOR"). WH NESSETH: 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 Pacific Electric Bike Trail and Saddleback View Park Security Lighting 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 Four Hundred Twenty -One Thousand Forty-three and No Cents ($421,043.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev. 09/01/2017 23A-39 Page I of 3 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. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 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 ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-40 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:,, JCVN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: California Professional NAME: Van Nguyen TITLE: President Inc. 23A-41 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-7524 & 18-7533: Pacific Electric Bike Trail and Saddleback View Park Security Lighting Construction Contract $ 421,043 Contract Administration $ 26,157 Inspection and Testing $ 37,000 Contingencies $ 84,209 TOTAL ESTIMATED CONSTRUCTION COSTS $ 568,409 23A-42