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Item 16
Public Works Agency https://www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project AGENDA TITLE Authorize Budget Reallocation and Award a Construction Contract to Wright Construction Engineering Corp. in the Amount of $1,099,195.50 for the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project with an Estimated Total Delivery Cost of $1,341,991 (Project No. 17-6802) (Non -General Fund) RECOMMENDED ACTION 1. Authorize Budget Reallocation of $140,105 in unspent project funds to the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project (17-6802) as follows: $46,105 in Measure M2 Local Fairshare funds from the Bristol Street Rehabilitation from 17t" to Santa Clara project (Project 18-6909), and $94,000 in Measure M2 Local Fairshare funds from Project Development (Project 21-6899). 2. Award a construction contract to Wright Construction Engineering Corp., the lowest responsible bidder, in accordance with the Base Bid plus Alternates 1 and 2 in the amount of $1,099,195.50, for construction of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project, for the term beginning April 6, 2021 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 City Attorney. 3. Approve the Project Delivery Cost with a total estimated construction cost of $1,341,991, which includes $1,099,195.50 for the construction contract, $110,891.50 for contract administration, inspection and testing, and $131,904 for project contingencies. DISCUSSION The purpose of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project is to reestablish the ability for pedestrians to cross the Metrolink railroad tracks at the intersection of Lincoln Avenue and Fairhaven Avenue after the closure of the railroad crossing by the California Public Utilities Commission in 2010 at that location. The City pledged to pursue funding to restore pedestrian access and Active Transportation funds were secured for the design and installation of a pathway to Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 2 reconnect the lost access. The project consists of a pathway along Lincoln Avenue, on the west side of the tracks from Park Lane to Fairhaven Avenue, and then to the Santiago Creek Trail (Exhibit 1). The pathway will connect pedestrians and bicyclists, and will reduce walking and bicycling distances by one mile (Exhibit 2). Before completing the project design, staff sought community input. Based on four community input meetings, staff identified additional improvements to address the community's security concerns. Features include taller and more aesthetically pleasing green screens along the existing residential wall; new nighttime safety lighting; lockable and more aesthetically pleasing gates to regulate access; and new park/trail security patrols. The pathway and surrounding areas will have a greater aesthetic appeal and enhance security of the pathway area after dusk, without limiting daytime access. Improvements also include new landscaping. On December 3, 2019, the City awarded a construction contract to Aramexx Construction. Due to the unforeseen COVID-19 pandemic, industry -wide material shortages, and challenges with Southern California Regional Rail Authority permitting and meeting Community Workforce Agreement requirements, staff concluded it would be in the best interest of the City to release the contractor from the contract. No work was completed and as such, the City re -advertised the project. The project was re -advertised by posting a Notice Inviting Bids in the Orange County Register newspaper on December 14 and December 19, 2020. The project was also advertised on the City's web -based electronic bidding system, PlanetBids, from December 16, 2020 through January 20, 2021. Bids were received electronically via PlanetBids on January 20, 2021. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,204 regional vendors via PlanetBids, 68 of which are Santa Ana based. Fifty -Two vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID + ALT. 1 & 2 1 Wright Construction Engineering Corp. San Marcos $1,099,195.50 2 HYM Engineering, Inc. Fullerton $1,329,023.00 3 C.S. Legacy Construction, Inc. Chino $1,346,201.90 4 AP Construction, Inc. Gardena Non -Responsive Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 3 A total of four bids were received. Three were deemed responsive, and one non- responsive. Wright Construction Engineering Corp. submitted the lowest responsive base bid, including alternates 1 and 2, in the amount of $1,099,195.50 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Wright Construction Engineering Corp. in the amount bid (Exhibit 4). Project Delivery In addition to the construction contract, the estimated total construction delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection encompasses construction management; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,341,991. Construction Contract $1,099,195.50 Construction Administration, Inspection, and Testing $110,891.50 Contingencies $131,904.00 ESTIMATED CONSTRUCTION DELIVERY COST $1,341,991.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2017-58 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,341,991, which includes the construction contract, contract administration, inspection, testing, and project contingency. The City secured an Active Transportation Program grant in the amount of $1,030,000, and, on December 19, 2019, the City Council - approved budget adjustments and reallocations in the amount of $171,886. Staff is requesting City Council approval of $140,105 in project budget reallocations of unspent Measure M2 Local Fairshare funds. All funds are scheduled for expenditure in Fiscal Year 2020-21. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2021-22 for expenditure. Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 4 The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Accounting Unit Accounting Unit — Year - Account No. Fund Description Account No. Amount Project No. Description EXISTING PROJECT APPROVED BUDGET 14817613-66220 Traffic System Active Transportation 2020-21 (Project 17-6802) Management Program, Improvements $1,030,000 Grant Other Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (Project 17-6802) Construction Fund Improvements Other $43,000 Than Building 2020-21 03217662-66220 Measure M Street Measure M2 Local Fairshare, Improvements $82,926 (Project 17-6802) Construction Fund Other Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (Project 17-6802) Construction Fund Improvements Other $13,960 Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (Project 17-6802) Construction Fund Improvements Other $32,000 Than Building PROJECT BUDGET REALLOCATIONS 03217662-66220 Measure M2 Local 2020-21 (From Project Measure M Street Fairshare, Improvements $46,105 18-6909 To Construction Fund Other Than Building Project 17-6802 03217662-66220 Measure M2 Local 2020-21 (From Project Measure M Street Fairshare, Improvements $94,000 21-6899 To Construction Fund Other Than Building Project 17-6802 Total $1,341,991 EXHIBIT(S) 1. Location Map 2. Construction Plans 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 5 Approved By: Kristine Ridge, City Manager NOT TO SCALE PROPOSED PATHWAY 5EE Sr ,t4 G v-, 04, ---__ EXISTING REGIONAL PATH 1 EXI 71N PATHWAY Rr RAILROAC) DETAIL A 1 GF!MM FAIRHAVEN All - PROPOSED PATHWAY LOCATION MAP Exhibit 1 SANTA ANA Project No. 17-6802:� �G x PWA Lincoln Avenue Pedestrian Pathway from Park PUBLIC WORKS AGENCY Lane to Santiago Creek ATPL-5063(177) REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID REBID CITY OF SANTA ANA r - � PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Wright Construction Engineering Corp REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove Chain -link 85 LF Fence / Gate 15.00 1,275.00 2 Remove Sign 2 EA $ $ 500.00 1,000.00 3 Remove Tree I EA $ $ 2,500.00 2,500.00 4 Clearing and Grubbing I LS $ 30,000.00 30,000.00 5 Remove Bollard 2 EA $ 500.00 1,000.00 6 Adjust Water Valve 2 EA S S Box to Grade 350.00 700.00 7 Adjust Survey I EA $ S Monument Box to 1,000.00 1,000.00 Grade 8 Adjust Sanitary Sewer 2 EA $ $ Manhole Lid to Grade 1,500.00 3,000.00 9 Relocate Gas Line EA '300.00 Warning Post 900.00 10 Remove / Abandon 1 LS $ $ Conflicting Irrigation 5,000.00 5,000.00 system 11 Remove K-Rail 3 EA S 500.00 1,500.00 12 Remove Vehicular 30 LF $ x Metal - Beam 25.00 750.00 Guardrail and Posts P-1 of P-20 CITY OF SANTA ANA REBI[ PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) Item Description Qty Unit Unit Price Amount 13 Relocate Landscape 1 LS $2,500.00 $2,500.00 Boulders 14 Remove Residential 60 LF Screen Wall (Includes 30.00 1,800.00 Gates and Fencing) 15 Fine Grading 30,550 SF "1.00 "30,550.00 16 Unclassified 713 CY 60.00 $ 42,780.00 Excavation and Fill with Excavated Material 17 Unclassified 790 CY51.00 40,290.00 Excavation and Export of Excavated Material 18 Construct 9,565 SF $ 10.00 95,650.00 Decomposed Granite Pathway with Organic Binder (Includes Aggregate Base 19 Construct 730 LF $20.00 14,600.00 Decomposed Granite Pavement Concrete Header (Includes Aggregate Base 20 Construct Colored 780 SF S20.00 15,600.00 Concrete Pavement (Includes Aggregate Base 21 Construct Asphalt 151 SF 40.00 6,040.00 Concrete Pavement (Includes Aggregate Base 22 Construct Concrete 75 LF $65.00 $4,875.00 Curb (Includes Aggregate Base 23 Construct Concrete 870 LF $ 60.00 $ 52,200.00 Curb and Gutter (Includes Aggregate Base 24 Construct Concrete 85 SF $100.00 8,500.00 Cross Gutter 25 Construct Concrete 371 LF $45.00 S16,695.00 Retaining Curb 26 Install Detectable 45 1 SF $ 100.00 '4,500.00 Warning Surface P-2 of P-20 CITY OF SANTA ANA REBI PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) 27 Construct Reinforced 930 SF $ w, Concrete Pavement 17.00 15,810.00 with Integral Curb/Wall (Pavement Portion w/ Base 28 Construct Reinforced 106 LF $ Concrete Pavement 100.00 10,600.00 with Integral Curb/Wall (Curb and Gutter Portion w/ Base 29 Construct Reinforced 103 LF $100.00 $10,300.00 Concrete Pavement with Integral Curb/Wall (Low Wall Portion w/ Base 30 Install 6' Tall R/W 950 LF $ $ Welded Wire Mesh 75.00 71,250.00 Fence 31 Install 6' Tall Modular 890 LF $ Dual Panel Fence 120.00 106,800.00 (Vine Planting Not Included 32 Paint Residential 935 LF $ $ Screen Walls 23.50 21,972.50 33 Construct 4" CMU 60 LF '200.00 $12,000.00 Block Wall 34 Install Entry Signage 1 EA 19,000.00 '19,000.00 35 Install Roadway / 3 EA $650.00 $1,950.00 SCRRA Sign 36 Install Park Sign 1 EA 6,100.00 $6,100.00 37 Install Fold Down Bollard - EA 2,000.00 $ 4,000.00 38 Construct Grouted 8 SF $600.00 $4,800.00 Rip -Rap Apron 39 Construct Concrete Drainage Channel 1 EA $ 10,000.00 10,000.00 40 Construct 3" to 8" 240 SF $30.00 �,200.00 River Rock Drainage Swale 41 Construct Straight Concrete Headwall 1 EA $ 5,000.00 5,000.00 42 Construct Flared 1 EA $6,500.00 $6,500.00 Concrete Headwall 43 Install 6" Diameter 16 LF $ $4,992.00 Dual Wall HDPE Pipe 1 312.00 P-3 of P-20 CITY OF SANTA ANA REBI PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) 44 Install 12"Deep 9850 SF $ 3.00 $ 29,550.00 Imported Class A To soil 45 Install Light Fixture, 10 EA $6,300.00 '63,000.00 Pole, and Foundation 46 Install Electrical 1,000 LF $25.00 $25,000.00 Conduit Including Wires 47 Install Grounding Rod I EA $ 1,000.00 $ 1,000.00 Well 48 Install Meter Pedestal, 1 I.ti '20,000.00 '20,000.00 Panelboard, and Utility Service 49 Install Pull Box 10 EA $600.00 $6,000.00 50 Orange County I I. � $3,416.00 $3,416.00 Conservation Corps OCCC Planting 51 Irrigation System I I. $49,000.00 %49,000.00 52 Landscaping** 1 LS $ 37,000.00 r 37,000.00 53 SCRRAFlagging* 65 DAYS $1,750 $113,750 TOTAL BASE BID $1,051,195.50 ADD ALTERNATES Item Description Qty Unit Unit Price Amount 1 Install North End I I.S $11,000.00 $11,000.00 Single Leaf Swing Gate and Fencing 2 Install South End 1 LS $ $ Double Leaf Swing 37,000.00 37,000.00 Gate and Fencing TOTAL ADD ALTERNATE BID $1,099,195.50 P-4 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063 (177) 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. ** 1-gallon and 5-gallon planting shall be performed by OCCC. For the landscaping bid item, only the price to furnish the materials for the installation of the 1-gallon and 5-gallon planting shall be included. The labor for the OCCC installation work for 1- and 5-gallon plants is included in Bid Item 50. 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 amount shown above, within one -hundred (100) working_days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Wright Construction Engineering Corn Signature of BIDDER Title president (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-5 of P-20 CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign any contracts or forms on behalf of the Corporation. RESOLVED FURTHER: That the President, Wesley Wright, is hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. DIRECTORS , Presid4ent' -%-- - r_ dice,P sident Treasurer fY r Witness my hand seal of this corporation on this 1st day of July, 2014. Date 7 Date 7-/- /�L Date _ Date CITY OF SANTA ANA REBI[ PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. _ - - - - _ Name of Firm Signature ofBI] 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.) P-6 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) 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: Wright Construction Engineering Corp Business Address: 2925 S Santa Fe Ave., San Marcos, CA 92069 Business E-Mail Address: wwrnahtwcecQgmai1.com Telephone: (76o) 599-3915 x*10 State Contractor's License No. and Class: 995153 _ Class A License Expiration Date: 7/31/22 State Dept. of Industrial Relations (DIR) Registration No.: 1000026974 State Dept. of Industrial Relations (DIR) Registration Ex/pirNation Date: / / 6/30/23 Signed: - ��itle: �_Pfr:esid REBIE P-7 of P-20 CITY OF SANTA ANA REBIC PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. ^ Name of Firm Wriaht Construction Enaineerina Corp Signature of BIDDER Title President - (if an individual, so state) P-8 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Wes Wright being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: NIA who constitute the other members of the co -partnership. ® CORPORATION That he is of President a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: N/A one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a -laid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure -any -advantage against the City of Santa Ana or any person interested in the proposed contract; f6t hi2hself or any ther rson. -Signature of bidder Subscribed and sworn to before me this �, Ci day of .Tout a1-, 20 � Signature of offs r ministering Oath (Notary Public) *SEE ATTACHED NOTARY ACKNOWLEDGEMENT* P-9 of P-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SaaDicW tt bcfQh� On January 19, 2021 , before me, ����'� L . Notary Public. personally appeared Wes W. Wright who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. -;c,= -, HYUN LEE o _� F, s, COMM. #2313562 c ,!i��z= Notary Public • California o Z ,'��� y Orange County j �'�'-�k`y' My Comm. Expires Nov. 23, 2023 M 10W&I-yx11Wvi0ILTi� Description of attached document Title or type of document. WITNESS my hand and official seal. SIGNATURE �� h OPTIONAL Document Date: Number of Pages: Signer(s) Other than Named Above: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) mffo� KNOW ALL PRESENT that, Wright Construction Engineering Corp , as BIDDER, and U.S. Specialty 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 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. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 19th day of January , 20 21. BIDDER* Wright Construction Engineering Corp. 2625 South Santa Fe Avenue, San Marcos, CA 92069 Ph: 760-525-2260 625 The City Drive South Suite 205, SURETY%l U.S. Specialty IE�Wrance,Company Orange, CA 92868 Ph: 714-740-7000 Cynthia J.Young, AtCorney-ir Alliant Insurance Services, Inc. 685 East Carnegie Dr. Subscribed and sworn to before me ,20 Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. IM"', P-10 of P-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 San Bernardino I SS. On JAN 1 9 2021 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person Wes" acted, executed the instrument. �.� ••�.�`��Rebecca Elizabeth Aticock '�Y�I WTOM 1,,,pb Elizabeth ORNIq 11.. 272 SM1 aERWDIA-CC IFOry I certify under PENALTY OF PERJURY under the laws of •�y r'"af•5/ MY Come Epres: p$/D4 - the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ", Signature of Notary Public 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 this form to another document. Description of Attached Document Title or Type of Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of bt--G V12-�'-- D-a k t.t 1Z f 2C)Z I H (_k I A L-�e MC©' ( T (ti p 4 On i before me, Y e (here insert namand title of the officer) personally appeared Wes'' 5; ( 2 y ( L'-) r 3 k 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 c.<� �:.... HYUN LEE COMM. #2313562 z �.p�da� Notary Public -California o z ` w-e Orange County My Comm. Expires Nov. 23, 2023 (Seal) Opio tnal InformationL ° _ _ _ Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of F� containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Names) of Persons) or Endtydes) Signer is Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification Q credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ Additional Signers) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2017 Notary Rotary, Po Box 41400, Des Moines, IA 50311-0507, All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. STATE OF CALIFORNM DEPARTMENT OF INSURANCE N4 07984 SAN MANCISCO Amended CertifiCate of Authority THIS IS TO CEIIIIIr'Y THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company Of Houston, Texas , organized under rite laws of Texas , subject to its Articles of Incorporation or otherfundamemal organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the lnsurance Laws of the State of Califamfo. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor in violation of any, 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 in effect and applicable, and as such laws and requirements now are, or may hems jer be changed or amended. IN WITNESS W14FREOF, effective as of the 29th day of December 2004 ,Ihave hereunto set my hand and caused my official seal to be affixed this 29th day of December 2004, By for Ida 2odrow amendi NOTICE: ljueliFoaon with the Secretory of Smte must be accomplished as required by th'-�Ars ode pro fly after ismanm of this Certificate of Authority. Failure to do so will be a violation of Inaumnce Code Sec[ion 701 and 11 be grounds for revolting this Cenincate of Authority puauont to me convenuts made in the application therefor and the conditions contained herein. von ass WNTOKIOMARINE HCC -- POWER OF ATTORNEY - AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY - KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute _and, appoint: Jay P. Freeman, Laurie B. Druck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other Instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""'Three Million"'*` Dollars ( '-$3,000,000.00"' ). This Power of Attorney shall expire without further action on April 23'", 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted -by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1s` day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED ST.ATF&.SURETY,.JGCIVPANY _ 8.$v"SPECIAU,T„X-,INSURANCE COMPANY State of California +"'`„tt„J" a +'�• �, ..,..„.. s w....� its: v County of Los Angeles �s` 'a- ,�� �s� ,,Vr'Vati e iB b C,tiw �lP t£! . `+•w , ,� •�,„fig,,,,,,. �,,,,„�,,,,..^€ .�,„':Daniel P. Aguilar, Vice President A No Public or other officer completing this certificate verifies only the identity of the individual who signed the document to A this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1151 day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. w!Mo. axarro xaurnmm.c.mante j.. a w,+nMotm,mr i [arvNlslm/31)9a9 Signature (Seal) L .vcomm.nw�+o)r. roll I, Kfo Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Volness Where ave hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 16/77�-day of 1 .2106.? / . Corporate Seals o'tx cro �4a'a Q pine PSEs s..... Bond No. €�' �.. r`,^.r o; 4- x: Agency No. 3501 s .Ar £ P. ! ` '�`� `= t s " Kio Lo, Assi Secretary 9 Y �<IfORkf "o �OF1 ♦�A *'"•st 1 HCCSMANP0A08Q018 -� - - - visit tmhcc.commuretyfor mote information CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063 (177) 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: ''/s% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Econo Fence. Inc. License #/Exp. 337734 exp. 9/30/21 DIR Reg. #/Exp. 1000001395 exp. 6/30/21 Location 5261 Pedley Rd., Riverside, CA 92509 Phone (951)685-5000 Type Of Work Supply & Install wire fence & gates Amount $ 126,050.00 Name Bithell, Inc License #/Exp. 225174exp_ 6/30/22 DIR Reg. #/Exp. 1000001155 exp_ 6/30/21 License # 225174 . Location 1004 E Edna PI., Covina, CA 91724 Phone (626) 331-22921 Type Of Work Graffiti Coatings & screen wall painting Amount $ 21,190.00 Name Bravo Sign & Design License #/Exp. 641391 exp. 3/31/22 DIR Reg. #/Exp. 1000006083 exp. 6/30/23 License # 641391 Location 520 S Central Park Ave. East, Anaheim, CA 92802 Phone (14) 284-0500 Type Of Work Supply & Install Monument & Park Sign Amount $ 22-500.00 -5ignatur6 of Bidder Name Marina Landscape. Inc. License #/Exp. 492862 exp. 6/30122 DIR Reg. #/Exp. 1000000079 exp. 6/30/22 Location 3707 W. Garden Grove Blvd., Orange, CA 92868 Phone (714) 939-6600 Type Of Work Landscape, Irrigation, DG Path & Class A Topsoil Amount $ 148,362.00 Name Superior Pavement Markings License #/Exp. 776306 Pxp_ R/31/21 DIR Reg. #/Exp. 1000001476 Pxp_ 6/30/22 License # 776306 Location 5312 Cypress St., Cypress, CA 90630 Phone (714) 995-9100 Type Of Work Supply & Install SCRRA Sign Amount $ 1,749.00 Name Belco Elecnor Group License #/Exp. 738518 exp. 7/31/21 DIR Reg. #/Exp. 1000004804 exp. 6/30/22 License # 738518 Location 14320 Albers Way.,Chino, CA 91710 Phone (909) 993-5470 Type Of Work Install Electrical Components Amount $ 94,150,00 P- I I of P-20 CITY OF SANTA ANA 1:74�1■ PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK IN. TO SANTIAGO CREEK ATPL-5063(177) 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 Name and Address of Owner. Ahsa Sramala - (951) 826-2021 Name and Telephone Number ?kRagWiLfamil' nth fro' Ct. n a e lning al , lm er epsTrail, $335,000.00 Chain Barrier. & Faux Wood Handrail 5/4/20 Contract Amount Type of Work Date Completed 2. City of Laquna Beach - 505 S. Forest Ave.. Laquna Beach. CA 92651 Name and Address of owner. Tom Sandefur - (949) 497-0339 Name and Telephone Number of person familiar with project. $1,020,000.00 Remova new concrete staircase 2/3/20 curb, ct F :+au, piles. 6 landscaping Contract Amount Type of Work Date Completed 3, City of Wildomar - 23873 Clinton Keith Rd., Wildomar, CA 92595 Name and Address of owner. Cameron Luna - (951) 677-7751 Name and Telephone Number of person familiar with project. Install of new park, concrete monument, $284,980.02 DG Path, landscaping & Irrigation 5/3/18 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P-12 of P-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) 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. L City of Fullerton - 303 W. Commonwealth Ave., Fullerton, CA 92832 Name and Address of Owner. Paul Lubliner - (714) 738-6886 Name and Telephone Number of person familiar with project. 206,358.00 Construct Pedestrian' Ascaping & Irrigation 5/9/16 Contract Amount Type of Work Date Completed 3. County of San Doeijo - 5500 Overland Ave., San Diego, CA 92123 Mike Mnen - (6r 19) 933-7242 Name and Telephone Number onnfgg person familiar with project. $1,050,340.75 1A(�A'r.Sid %VrC- rlarirl_ct , Seat r F 1/15/20 Contract Amount Type of Work Date Completed Name and Address of owner. Tom Sandefur - (949) 497-0339 Name and Telephone Number of person familiar with project. Install of sol ler le wall, sidewalk $400,138.00 curb, gutter, as��alt 11/15/17 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Cindy Young - (909) 474-8804 P-13 of P-20 CITY OF SANTA ANA REBI[ PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _ . Nate: '--The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned -that making a �e certification may subject the certifier to criminal prosecution. Sign`d" "State of California Coon of . e"!�� '- Subscribed and sworn to (or affirmed) before me on this 19th day of January 2021 by Wes Wright proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public ignature Notary Public Seal HYUN LEE COMM. #2313562 z Notary Public - California o z 'ems Orange County 9 My Comm. Expires Nov. 23, 2023 P *SEE ATTACHED NOTARY ACKNOWLEDGEMENT' P-14 of P-20 CITY OF SANTA ANA R E B I [ PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063 (177) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-15 of P-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 4 contractor of public works violating this Section is subject to all the penalties imposed for a _vi0Tati6ia-of3he Chapter. Signed; Title: -- - 1esident Firm: Wright Construction Engineering Corp Date: 1 /19/21 P-16 of P-20 CITY OF SANTA ANA REBIC PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same -manner -as the other contractors, except contractors not signatory to the trust agreement shall pay � l ke amount to th California Apprenticeship Council. SigDe3:- 'iitle: esident Firm: Wright Construction Engineering Corp Date: 1 /19/21 P-17 of P-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person emplav_ edjn,the construction or repair of public work, to give up any part of the compensation to which heishe l6 otherwise entitled. Sig>;e:' _ /1�400- /10�z Witte: Rresident Firm: Wright Construction Engineering Corp Date: 11191 1 P-18 of P-20 CITY OF SANTA ANA R E B I F PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 If the answer is yes, explain the circumstances in the following space. P-19 of P-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www. santa-ana.org/pwa/documents/CWA. pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit descfib�d in Section 7-5a and the Notice of Inviting Bids. Tnt1e: ,�sident Date: 1 /19/21 P-20 of P-20 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 17-6802 LINCOLN AVENUE PEDESTRIAN PATHWAY PARK LANE TO SANTIAGO CREEK [ATPL-5063(177)) (REBID) This CONSTRUCTION CONTRACT is made and entered into this 6`h day of April, 2021 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 Wright Construction Engineering Corp. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Lincoln Avenue Pedestrian Pathway Park Lane to Santiago Creek 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 One Million Ninety -Nine Thousand One Hundred Ninety -Five Dollars and Fifty Cents ($1.099,195.50), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev oe/oir-oil Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 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. 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://wwv,.santa-ana.orv-/Vwaidocuments/CWA.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 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. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "lndemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorneys fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney J HN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Wright Construction Engineering Corp. NAME: Wes Wright TITLE: president Page 3 of 3 EXHIBIT A Bid Resin,., B'idde,i Deial!s Vendor Name Wright Construction Engineering Corp Address 2625 S Santa Fe Ave San Marcos, California 92069 United States Respondee Jason Merritt Respondee Title Estimating Phone 760-599-3915 Email jmerritt4wright@gmail.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted 01120/2021 1.58 PM (PST) Delivery Method Bid Responsive Yes Bid Status Submitted Confirmation # 240345 Ranking 0 Respondee Commen; Brayer Comment Bond e8ond Contract ID Att.aci,,mu)ts File Title File Name File Type Bid Does-EXECUTED1.pdf Bid Docs-EXECUTEDI pdf General Attachments Bid Bondi.pdf Bid Bondl.pdf General Attachments Ownership Affidavit.pdf Ownership Affidavit.pdf General Attachments Non -Collusion Affidavit.pdf Non -Collusion Affidavit.pdf General Attachments CITY OF SANTA AN A PROPOSAL PROJECT NO 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN TO SA\TIAGO CREEK ATPL-506 1(177) BID PROPOSAL TO. CITY COUNCIL OF THE CITY OF SANTA ANA FROM. Wright Construction Engineering Corp 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 I Remove Chain -link K_5 LF $1 ' Fence / Gate .5. 00 1,275.00 2 Remove Sign 2 EA $ $ 500.00 1,000.00 3 Remove True I EA a i 2,500.00 $ 2,500.00 4 Clearing and Grubbing I LS $ S 30,000.00 30,000.00 5 Remove Bollard 2 EA $ $ 500.00 1,000.00 F Adjust water Valvc 2 EA $ $ Box to Grade 350.00 700.00 7 Adjust Surve,- I EA $ $ Monument 1341x to 1,000.00 1,000.00 Grade 8 Adiust Sanitan Semer 2 EA ! $ �,000.00 Manhole Lid to (grade ; 1,500.00 9 Relocate Gas Line 3 EA a300.0000.00 W Warning Post I 10 Remove / Abandon I LS S $ Conflicting Irrigation 5,000.00 5,000.00 S\ stem I l Remove K-Rail ? EA $ $ 500.00 1,500.00 12 ' Remo%a Vehicular zi LF S $ Metal - Beam 25.00 750.00 Guardrail and PoNt. P-1 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-5063(177) Item Description I Qty Unit Unit Price Amount i 13 Relocate I.andscape 1 LS 2.500.00 '� 2,500.00 Boulders l4 Remove Residential 60 1.1: + 5 Screen Wall (Includes 30.00 1,800.00 Gates and Fencing) 15 Fine Grading 3o.550 "'F r 1.00 1 30,550.00 16 Unclassified 713 C Y �60.00 42,780.00 Excavation and Ftll � St ith Excavated Material 17 Unclassified 790 CY �1.00 40,290.00 Excavation and I.xlx,rt ofLxca%ated Material _---I 18 Construct 9•5,5 SF 10.00 95,650.00 Decomposed Granite Path1%a% %%ith Organic Binder (includes 1 Aggregate Base t 19 Construct 730 LF �20.00 14,600.00 Decomlxwed Granite Pavement Concrete Header (Include,., i A re ate Ba,Y: t 20 Construct Colored 780 5F 20.00 $ 15,600.00 Concrete Ila%ement (includes Aggregate [iaset -- 21 Construct Asphalt 151 SF 140.00 6,040.00 Concrete I'av�nent (Includes Aggregate Bast: 22 Construct Concrete 1 1 j %5.00 "4,875.00 I Curb (include-, j Aggregate Base- 1 23 Construct Conctnte ��ti I 1 52,200.00 Curb and Clutter (Includes Aggregate Banc) 24 Constrict Concrete 100.00 i 8,500.00 j Cn,sa Gutter 23 Construct Concrete 1 1 '45.00 6,695.00 Retaining Curb 26 Install Detectable O` til 4,500.00 Warning Surface100.00 P of P CITY OF SANTA ANA PROPOSAL PROJECT NO. 17-6802 LINCOLN AVE PEDESTRIAN PATHWAY PARK LN TO SANTIAGO CREEK ATPL-5063(177) j 27 C'onstnict Reintorecd 931) S►: Z Concrete Pavement 17.00 15,810.00 I w tth Integral C'urhf%.all Macement Portion u. Baw) 28 Construct Remforccal 106 1.F 100.00 mr,00.00 Concrete Pavement %%ith Integral Curb/Wall (Curb and J Ciuucr Portion it I3ax ) 29 Construct Reinforced I0 1 1' �100.00 10,300.00 i Concrete Pavement wth Integral Curb.'1A•all i Lour V1 al l I Portion %%/ Rax t 30 Install 6' Tall RIVI' 75.00 71,250.00 Welded Wire Mesh Fence I 31 Install (,'Tall Modular 120.00 S 106,800A0 Dual Panel Fence i t Vine Planting Not I Included I 32 faint Residential 915 1.1• 23.50 21,972.50 Screen Walls 33 Construct 4" CMI 1 ("A LF �00.00 1'12,000.00 Block Wall � 34 Install I'ntn titgnagr�19,000.00 519,000.00 35 Install Road\\a\ ! I '650.00 1,950.00 SCRRA Sign I 36 Install Parr Sign I I A 156,100.00 '6,100.00 37 Install Fuld Dm%n 2,000.00 4,000.00 Bollard� 3H Con ruct Grouted x SI '600.00 %,800.00 Rip -Rap Apron 39 Construct Concrete I E'A �10,000.00 10,000.00 Drainage Channel 4u Conantct 3 ' to x 2411 SF 30.00 %1,200.00 River Ruck lratnagc I 1\� ale 41 ' ComsUvct Straight I LA ,5,000.00 %,000.00 j Concrete I lead%%all i 42 Con-aruct Flared I FA 6.500.00 ,500.00 j t Concrete I lead%%alI ~'4,992.00 43 Install6 Diameter Ir I I 312.00 Dual Wall I IDI'I: 111pe P- 3 of P-�t_t CrrY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE PEDESTRIAN PATHWAY PARK LN. TO SANTIAGO CREEK ATPL-50630 77) 44 Install 12" Domp 994;n it S -- 3.00 $ — 29,550.00 Imixine ('la%s:1 45 Install Light 1•rsture. In I' k '�6,300.00 563,000.00 Prole. and Foundation 46 Install Electrical 1.111M) I.I. 25.00 �25,000,00 Conduit Including Wires i 4' Install Grounding R-A I I EA 1,000.00 1,000.00 Well 4K Install Meter Pedestal. 1 Lti ,20,000.00 �20,000.00 Panelhoard. and Utility tienue _ 49 Install full Ml\ 10 FA '600.00 S6,000.00 50 Orange Counn I I.ti SIA161x) S:.41(10r Consenanon Corp!, IUCCCt Planting 51 Imgatiom S% stem 1 I { $ 49,000.00 S 49,000.00 � 52 Landscaping" 1 LN f S 37,000.00 I S 37,000.00 --- 53 tiCFtRA Flagging* t:i 1)AY� I S1.?5tr I $I I z,7;n TOTAL BASE BID 51,051,195.50 .ADD ALTERNATES Item Description Qty unit I nit Price Amount - I install North End I I , — — - 11,000.00 S 11,000.00— --' Single Leaf Suing _ Gate and Fencin g_ '- Install tiuuth End ` I 1 37.000.00 37,000.00 i Ikouhlc Leaf S%%ing j Gate and Fencing_ -- TOTAL ADD ALTERNATE BID S1,099,195.50 P-4 of P-21 i cur), OF SANTA ANA PROPOSAL PROJECT NO 17-680" LINCOLN AVE. PEDESTRIAN PATHWAY PARK LN TO SANTIAGO CREEK ATPL-506 0 77) The lowest responsible bidder shall be selected based on the total base bid The Citv 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°,o' limit as stated in Section ;-2 of the Standard Specifications. The actual amount for this item %gill be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordinJy- ** I -gallon and 5-gallon planting shall be performed by OCCC For the landscaping bid item, only the price to furnish the materials for the installation of the I -gallon and 5-gallon planting shall be included. The labor for the OCCC installation work for I- and 5-gallon plants is included in Bid Item 50 + This bid item is considered a Specialty Item per Section'-+._ of the Standard Specifications. TmE 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 one -hundred (100) %korking 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 S 1,500 per calendar day Name of Firm Signature of BIDDER Title (If an individual. so state. If a firm or co -partnership. state the firm name and give the names of all individual co-partners composing the firm If a corporation, state legal name of corporation, and names of President, Secretary. Treasurer and Manager, thereof ) P of P-2o COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6802 : LINCOLN AVENUE PEDESTRIAN PATHWAY FROM PARK LANE TO SANTIAGO CREEK [ATPL-5063(177)] (REBID) Construction Contract $ 1,099,195.50 Contract Administration $ 50,300.00 Inspection and Testing $ 60,591.50 Contingencies $ 131,904.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,341,991.00