The URL can be used to link to this page

Home My WebLink About23A - PROJ - HARBOR TRAFFIC SIGNAL IMPROVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 19, 2016 TITLE: AWARD CONTRACT TO ASPLUNDH CONSTRUCTION CORP. FOR HARBOR BOULEVARD CORRIDOR TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. 15 -6828) (STRATEGIC PLAN NO. 6, 1G) CITY V GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Asplundh Construction Corp., the lowest responsible bidder, in accordance with the base bid plus Alternates I, II, III, IV, and V, in the amount of $1,170,984, for the term beginning upon execution of the contract and ending upon project completion, for the Harbor Boulevard Traffic Signal Improvements project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,358,200, which includes the contract base plus additive Alternates I, II, III, IV and V; administration; inspection; testing; and an authorized contingency of $116,896. DISCUSSION The proposed project supports the City's collaborative efforts with the cities of Garden Grove, Fountain Valley, and Costa Mesa to implement traffic signal improvements along the Harbor Boulevard Corridor (Exhibit 1). This project will reduce traffic congestion during peak hours, while maintaining vehicle platoons at the speed limit at nonpeak hours. The traffic signal improvements will include communication conduits, fiber optic cables, and hardware; traffic signal cabinet and controller upgrades; ADA- compliant pedestrian push buttons and countdown indications; and field monitoring equipment, such as vehicle detectors and CCTV cameras, to support and maintain the new synchronization plan. Once completed, these improvements will enhance traffic signal operations, improve traffic signal synchronization, and reduce traffic congestion. A Notice Inviting Bids was advertised on February 8 & 15, 2016, and bids were opened on March 1, 2016. The following is a summary of the bid invitations made and the bids received: 23A -1 Contract Award For Harbor Boulevard Corridor Traffic Signal Improvements April 19, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 15 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + ALL ALTERNATES 1 Asplundh Construction Corp. Anaheim $988,727.00 $1,170,984.00 2 Crosstown Electrical & Data, Inc. Irwindale $1,070,540.50 $1,282,019.50 3 DBX Inc. Temecula $1,192,964.75 $1,423,596.75 4 High -Light Electric, Inc. Riverside $1,338,480.00 $1,536,200.00 5 KDC Inc, dba Dynalectric Los Alamitos $1,422,331.00 $1,635,368.00 The advertised bid document was divided into a base bid and several alternates. The base bid was used to identify the low bidder, and the alternates would be used in any combination to maximize the use of the available project grant funds. Five bids were received and all five were considered responsive. Asplundh Construction Corp. submitted the lowest responsive bid, with a base bid of $988,727, plus a combined bid of $182,257 for all additive Alternates (I, II, III, IV, and V), for a total project bid of $1,170,984 (Exhibit 2). Since there are sufficient grants funds to complete the entire project, staff recommends awarding a contract to Asplundh Construction Corp. in the amount of $1,170,984 (Exhibit 3). The recommended scope of work and contract amount is comparable to the engineer's estimate. As indicated in the Project Cost Analysis (Exhibit 4), the total estimated delivery cost of this project, including construction, contract administration, inspection, testing, and contingencies, is $1,358,200. 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), 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, park facilities, bike master plan, etc.). 23A -2 Contract Award For Harbor Boulevard Corridor Traffic Signal Improvements April 19, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2014 -82 will be filed for this project. FISCAL IMPACT The Project Cost Analysis estimates project expenditures of $1,358,200, which include the construction contract, contract administration, inspection, and contingencies. Funds in the amount of $124,210 are budgeted in the Measure M2 Street Construction Fund (Account No. 03217662 - 66220). Funds in the amount of $1,233,990 are budgeted in the Measure M2 Street Construction Fund (Account No 03217663 - 66220). The funds will be expended according budgeted funds in the current fiscal year and next fiscal year as shown in the table below: Period Fiscal Year Account No Amount FY 2015/16 03217662 -66220 $24,842.00 03217663 -66220 $246,798.00 FY 2015/16 $271,640.00 FY 2016/17 03217662 -66220 $99,368.00 03217663 -66220 $987,192.00 FY 2016/17 $1,086,560.00 TOTAL: Fred Mousavipou Executive Director Public Works Agency FM /EWG /TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis $1,358,200.00 APPROVED AS TO FUNDS AND ACCOUNTS: �Izs� . Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 1 i GUNTAN VAL_EYi p ' • ' p SAN TA ANA r • 1 1 ' • 1 ' I • p GARXN GRDVF, i 1 1 1 p LEGEND ® i 1 Agency I i 1 , 1 I ' I � �COSTIOESAi SANTpANA p rox� 1 � 1 1 , p 1 1 ' PROJECT ' p r__ -_____ LIMITS It It i 1 1 1 1 j sI FOUNTAIN VAI E* Vm 1 I w L - -- ® - KFTA AM � City Council Project No. 15 -6828: Harbor Boulevard Corridor Traffic � P� Agenda Date Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization April 19. 2016 Project) Exhibit 1 23A -5 23A -6 EXHIBIT � CITY OF SANTA ANA ��X� �� PROPOSAL PROJECT NO. 15^a828 Harbor Boulevard ConidorYraff|c Signal Improvements (as part vf Harbor Blvd Traffic Signal Synchronization Project) TO: CITY COUNCIL OF THE CITY OF SANTA ANA 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: �Itom�De_scrlptlon ��Abiount City of Santa Ana Traffic Signal Mad ification at Harbor Blvd 1 LS 2 Install Type 334 Communication Cabinet I LS 41(40." Assembly 3 Install 2" PVC Conduit 530 LF to $ 4 Install 3" PVC Conduit 3200 LF a- 5 Install 4" PVC Conduit so LF $ a Install Type E Loop Detector 28 CA $ Ob: 5, 9 Install Detector Lead-in Cable 16120 LF 10 Replace Pedestrian Head Assembly with 12 EA Countdown Head RP^| �� K PROPOSAL PROJECT NO. 15-6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) Item Description City Unit Unit Price Amount Install Audible Pedestrian Signal (APS) I IS ul t0 $ System 12 Install CCTV System 3 EA 0— 13 Replace Wireless System 2 EA 10b, 43'r 14 Install 48 Strand SMFO Cable Sao LF 15 Install 24 Strand SMFO Cable 5000 LF 50, 16 Install 12 Strand SMFO Cable 700 LF to 17 Install CArSe (Outdoor Rated) Cable 500 LF ,fir^ L0 18 Fusion Splice 1 Strand Single Mode Fiber 336 EA $ g �k Optic Cable 19 Install Fiber Optic Splice Closure 4 IS 20 Install IP Communication System at Harbor I EA Blvd and Hazard Ave 21 instail IF Communication 5ystern at harbor I EA Blvd and Sth5t 22 Install IF Communication System at Harbor I EA $ Blvd and 1st St 23 Install IP Communication System at Harbor I EA Blvd and McFadden Ave 24 Install IP Communication S ystem at Harbor i EA $ 11A0 La- Blvd and Warner Ave 25 Instal[ IP Communication System at Harbor i EA Blvd and Segerstrom Ave 26 Install IP Communication System at Harbor I EA $ 9600 Blvd and Garry Ave 27 Install IP Communication System at Harbor I Blvd and MacArthur Blvd 28 Remove Wireless System 2 EA I $ B P-2 23A-8 CITE' OF SANTA ANA PROPOSAL PROJECT NO. 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) Item Description Qty Unit Unit Price Amount 29 Remove Video Detection System at Harbor 1 $"� { W $ 1 � ` Blvd and Warner Ave 30 Pothole For Utility Not Shawn on plan 10 EA $ "/U v $j� TOTAL SANTA ANA BID $ City of warden Grove 31 Cabinet Upgrade 1 EA $ q1A, $ .......... 32 Furnish and Install EVP Unit 17 EA $ "' $ 40, 66K-0 33 Furnish and Install EVP Phase Selector 8 EA $f W $- 34 Furnish and Install EVP Cable 2745 LF $w 35 Furnish and Install Pedestrian Push - Button 50 EA tJ� Assembly [ 1�1b • 36 Furnish and Install Pedestrian Countdown 10 CA $ $ 4 Module' ,5&0' 37 Furnish and Install Vldac Detection 5�st2m 6 EA P� $� q CI $ i /i (VDS) 7 TOTAL GARDEN GROVE BID S City of Costa Mesa 38 Remove and salvage existing traffic signal 1 EA / $o� $ / _ (7G(}, cabinet. Remove foundation complete. ptt•e" �%1 `v 39 Remove and salvage existing traffic signal $ EA $ 1, 5�T p;p $ �}, boo Lp cabinet 44 Remove and salvage existing UPS cabinet 4 EA �r� $ . $ and assembly 41 Furnish and install Type P cabinet on new 1 EA $!f foundation OtSa.� 42 Furnish and install Type P cabinet on foundation 5 EA $f„ $ `, :° u 1 T existing ww RP -3 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO. IS-6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) Item Description City Unit Unit Price Amount 43 Furnish and install UPS Cabinet and UPS 4 EA $sf $ 10 assembly 44 Relocate existing traffic signal controller 6 CA $ , 00 assembly to new controller cabinet 45 Furnish and Install new CCTV camera 10 EA $ 61 WD,' <41 "o system 1 46 Remove and salvage existing CCTV camera I EA Or $ 47 Furnish and Install new pedestrian push 76 EA $ to $ button assembly 48 Furnish and Install new pedestrian 58 EA $ countdown module I 49F Remove existing pull box and Furnish and I EA M Install E Pull pax V_w so Remove existing pull box and Furnish and 2 EA 7c� Install #5 Pull Box 51 Furnish and Instal[ 46E Puil-Box 5 EA 14, 1377�, 52 Furnish and Install 45 Pull•Box 3 EA 53 Furnish and Install new 3" Conduit 1175 I LF S -4 54 Remove existing SIC Cable I 5090 LF $ $ "5 U15, 55 Furnish and Install 12 Strand SMFC, Cable 785 LF 10, 56 Furnish and Install 24 Strand SMFO Cable 4110 LF $ �'50 1t J $ 57 Furnish and Install Splice Enclosure in HE pull box, Fusion splice and terminate all a EA 3 fibers erfibarschematic. 58 Fusion splice and terminate new fibers in canister fiber schematic 2 EA $ OU existing splice per 59 Terminate fiber drop cable in fiber patch 3 EA $ rt_z panel 60 Terminate fiber distribution cable In fiber I EA $ patch panel EIP-4 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) Item Description Qty Unit Unit Price Amount 61 Furnish and Install new fiber patch panel. All fibers are to be terminated per fiber 7 EA to $/ I EA CA schematic. $ 5W J�,J=I TOTAL ALTERNATE 8ID#1 Alternate Bid #2 — Cardinal Circle at Harbor Blvd Video Detection — City of Garden Grove 62 Furnish and Install 410 trace wire 5505 LF $0 $ 63 Re-pull distribution cable from controller 5 EA Jp TOTAL ALTERNATE BID#2 #Z cabinet to #6E Pull Box Alternate Bid #3 — Merrimac Way at Harbor Blvd Traffic Signal Upgrade — City of Costa Mesa Item Description Qty TOTAL COSTA MESA BID Unit Price TOTAL BASE BID bo $ ANA+GARDEN GROVE+COSTA MESA) I Alternate Bid Items Alternate Bid #1— Harbor Place at Harbor Blvd Video Detection — City of Garden Grove Item Description Qty "y Unit U it Unit Price Amount Amount I Furnish and Install Video Detection System I EA CA $gs sm $ 5W J�,J=I TOTAL ALTERNATE 8ID#1 Alternate Bid #2 — Cardinal Circle at Harbor Blvd Video Detection — City of Garden Grove Item Description MY Unit Unit Price Amount I System Furnish and Install Video Detection System I EA Jp TOTAL ALTERNATE BID#2 #Z $ Alternate Bid #3 — Merrimac Way at Harbor Blvd Traffic Signal Upgrade — City of Costa Mesa Item Description Qty Unit Unit Price Amount Remove and salvage existing traffic signal I EA pp rp cabinet. Remove foundation complete. Remove and salvage existing UPS cabinet I EA $ Igo. Lo assembly Furnish and Install Type P cabinet on new foundation I EA $ �?Jboo,�—tsklobo, Vol '1 Iffm 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15.6828 Harbor Boulevard Corridor Traffic signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 4 5 Furnish and Install UPS Cabinet and UPS assembly Relocate existing traffic signal controller assembly to new controller cabinet I 1 EA EA $ sm • 00 $ Vo $ 6 Rewire Intersection i LS s 00 /00, -- 7 Remove existing pull box I EA $ $ i6b, a Furnish and Install No, 6V Pull Box 2 EA $ 9 Furnish and Install new 2" conduit 20 LF $ co- 10 Furnish and Install new 3" conduit 220 LF $ q,,' q� ,R 11 Furnish and Install new 4" conduit 40 LF $ 0 J'0' 1-13 12 Terminate fiber drop cable In fiber patch I EA $ /1 4, Panel �emblto new controller cabinet I — 13 Furnish and Install 010 Trace Wire 260 LF $ $ 14 �u 1 EA $ cabinet to 46E Pull -Box ox _a: 1: TOTAL ALTERNATE BID#3 Altemate 51.4 ri4 -- W!5on Streit at Harbor Blvd Cabinat Upgradas - Cit 'Y of CoSta Mesa Item Description Qty Unit Unit Price Amount 1 Remove and salvage existing traffic signal 1 EA $ 600, $ goo cabinet. 2 Furnish and Install Type P cabinet on 1 EA $ q5o existing foundation —Controller 3 Relocate existing traffic signal 1 EA $ SP A �emblto new controller cabinet TOTAL ALTERNATE BID#4 $ jQ 00 MW 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) Z Furnish and Install Type P cabinet on new EA $ s�� foundation. J Furnish and Install UPS cabinet and UPS t EA $ C $ i LV Assembly i2 4 Relocate existing traffic signal controller 1 EA assembly to new controller cabinet TOTAL ALTERNATE BID #5 $ ('0190 0-0 TOTAL Base Bid plus Alternate 1,2,3,4LIM� plus all Alternate Bid Items. * 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 LIOUIDAT @D DAMAGES The undersigned bidder hereby proposes to complete the Work for the total contract base bid amount shown above, within eighty (80) working days after the commencement date stated in the Notice to Proceed. If Alternate Bid91rs awarded, five (5) working days will be added to the working days assigned to complete the contract base bid items. If Alternate Bid #2 is awarded, five (5) working days will be added to the working days assigned to complete the contract base bid items. If Alternate Bid #3 is awarded, twenty (20) working days will be added to the working days assigned to complete the contract base bid items. if Alternate Bid #4 is awarded, ten (10) working days will be added to the working days assigned to complete the contract base bid items. BP -7 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT 1\10, 15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) If Alternate Bid #5 is awarded, twenty (20) working days will be added to the working days assigned to complete the contract base bid items. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specificatj'�ns shall be $ ,000 per calendar day. 0 �ry Nam a of i lrm V I <'Pl 4 () t� Sri 0 --n0JJ L6 a . Signature of BIDDER Title (if an individual, so state) W. Holman, Vice President HE 23A -14 CiTY OF SANTA ANA PROPOSAL PROJECT NCO. 156826 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 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 he 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 BIRDER also certifies that the bid is a balanced bid. in accordance with Section 7028AS of the California Business and professions Cade, the undersigned certifies under penalty of perjury that the foregoing Is true and correct. Name of Firm F-Us Signature of BIDDER Title (if an individual, so state) Holman, ViCe President (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.) BP-9 23A -15 CITY OF SANTA AIWA PROPOSAL PROJECT N4. 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 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: Business Address: Business E -Mail Address: Telephone: gam, - Gal0, L' J State Contractor's License No, and Class: 'MO LL0 _ 0,°10 / T License )/ 1 Expiration Date: df i e State Dept, of industrial Relations (DIR) Registration No.: w oboo 1 ' `-. % State Dept. of Industrial Relations (DIR) Registration Expiratiop Date: Signed: .. Title: Greg W. Holman, Vice President 11 P 23A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd "traffic Signal Synchronization Project) 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 $9„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 them 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 Signature of BIC Title _ (if an individual, so state) BP -1 t 23A -17 M, Am PROJECT NO. 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) OWNERSHIP AFFIDAVIT STATEOFWXtf=K% Pennsylvania COUNTY OF RWW Montgorneh5¢ CITY OF SANTA ANA } Gregory W. I- Iolman, being duly sworn, deposes and says: ❑INDIVIDUAL That he/she Is the patty making the foregoing proposal: Q PARTNERSHIP That he /she is a member of the co•parmersh)p firm designated as and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the copartnership, [CORPORATION That he is of: j - Vice President a corporation which is making the foregoing proposal: [3JOINTVENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said Did who are; that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested In the proposed ""tract, for himss or any other person. Signature of BI Gregory Hol vice President j1u15rib d and sworn to before me this day ofR-lo 20 Signature wer Ad 's erl t " a blic) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY S. WILEY, Notary Pttblk N My Commt�sstonPExP 1 41 JM 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) .►:• r KNOW ALL PRESENT that, _As lund� h Construction Corp , as BIDDER, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent (10 %) of Amount Bid Dollars ($ , 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 _I nn day of _February 2016. �cvige u. t,.tu�.t non �. acct et,aty SURETY* Travelers Casualty and Surety Company of America Myisha Subscribed and 5 r to before me nlanmi HnrriG this 22nd day of February �} , 2016, Signature. Notary Public in and for the County of Harris , State of Texas *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. My NAOMIHARRIS BP -13 Notary Public STATE OF TEXAS Commission fths July A 2010 23A -19 AW POWER OF ATTORNEY TRAVELS' `(,� S J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company ofAmerica St. Paul Fire and Marine Insurance Company United States Fidelity unit Guaranty Company St, Paul Guardian Insurance Company Attorney -lu Fact No, Certificate No. 006436949 230387 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the Imes of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael L Hemod, Wendy W. Stuckey, Lisa A. Ward, Donna L. Williams, Anoop Chawla Adlakha, Lope Tyler, Nancy Thomas; Vanessa Dominguez, and Myisha Jefferson of the City of HowEal , state of TeXas , their true and lawful Arommy(s) -in -Fact, each in theirseparate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recoguizauees, conditional undertakings and other writings obligntory in the nature thereof on behalf of the Companies in their business of guaranmeing the fidelity of persons, guaranteeing [he performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 21St day of January Farmington Casualty Cumpnny Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. SL, Paul Fire and Marine insurance Company St. Paul Guardian Insuttmce Company St. Pour Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America Called States Fidelity and Guaranty Company C,ASllff �f,FE 41 \XG R1 ,NSVpO 0,. \Y AM4 1�ey�,JPP D PPP M:t U .t u L 1 0 / 1 3GP,, �6 D � INCMPaa9tFng r. �.3 � ()/1 .. t'f° w � oxeoRnte � z NPatFOgD. �ft/n''fl"rr"-0tn. �. � �sCPoRo %y}'.c*"H<° 97� 1951 of N.A�c'r 1.,aESEXL,s+; SRRL a{ rCONN. �CPVY. (� Y�n1896 A t R y41: AN r Au State of Connecticut City of Hanford ss. Robert L. Raney, senior Vice President On this the 21st day of January 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, nod United States Fidelity and Guar:mry Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes tltemin contained by signing on behalf of true corporations by himself as a duly authorized officer. p.TlJ In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. b jRU6lVG tlr yN CS'F'� 58440 -8 -12 Printed in U.S.A. Matic C. Tatreaull. Notary Public TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,CONNECTICUT 08183 FINANCIAL STATEMENTAS OF DECEMBER 31.2014 CAPITAL STOCK$ 0,480,000 'ASH AND INVESTED CASH $ 121,187,283 UNEARNED PREMIUMS $ 865,349,712 IONDS 3,411,486,037 LOSSES 660,966,443 ITOCKS 326,961,870 LOSS ADJUSTMENT EXPENSES 356,911,923 NVESTWNT INCOME DUE AND ACCRUED 46,277,103 COMMISSIONS 34,142,046 )7HER INVESTED ASSETS 4,010,410 TAXES, LICENSES AND FEES 11,534,866 'REMIUM EALANCES 209,082,904 OTHER EXPENSES 40,097,406 IET DEFERRED TAX ASSET" 82,639,844 CURRENT FEDERAL AND FOREIGN INCOME TAXES 24,133,069 0NSURANCE RECOVERABLE 17,397,751 REMITTANCES AND ITEMS NOT ALLOCATED 11,062,682 iECURITIES LENDING REINVESTED COLLATERAL ASSETS 6,22094 AMOUNTS WITHHELD/ RETAINED BY COMPANY FOR OTHERS 49,744,996 IECEIVABLES FROM PARENT, SUBSIDIAWES AND AFFILATES 9,057,199 RETROACTIVE REINSURANCE RESERVE ASSUMED 863,430 )THER ASSETS 3,078,655 POLICYHOLDER DIVIDENDS 7,370,690 PROVISION FOR REINSURANCE 3,4161806 ADVANCE PREMIUM 1,327,119 PAYABLE FOR SECURI'T'IES 4,590,766 PAYABLE FOR SECURITIES LENDING 8,224,694 CEDED REINSURANCE NET PREMIUMS PAYABLE 28,084,142 ESCHEAT LABILITY 1,136,046 OTHER ACCRUED EXPENSES AND LIABILITIES 421,167 TOTAL LIABILITIES $ 2,190.576.190 CARTALSTOCK $ 6,480,000 PAID IN SURPLUS 433,803,750 OTHER SURPLUS 1,674,373,715 TOTAL SURPLUS TO POLICYHOLDERS $ 2,114.657,475 OTALASSETS $ 4,225,233805 1 TOTAL. LIABILITIES & SURPLUS $ 4 225 233 888 TATE OF CONNECTICUT ) ;OUNTY OF HARTFORD )SS, ATY OF HARTFORD I BICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF7RAVELERS CASUALTYAND SURETYCOMPANY OFAMENCA, NO THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF TFIE FINANCIAL CONDITION OF SAID )OMPANY AS OF THE 31ST DAY OF DECEMBER, 2014, IUBSCRIBED AND SWORN TO BEFORE ME THIS 9TH DAY OF MARCH, 2015 QTA)� UB}1 r �Ia SECOND VICE PRESIDE 1r,&/ SUSAN M. WLISSI ZI)PR INolar}y pub1fo My Con'mWton Expire &November 30, 2017 23A -21 EM STATE OF PENNSYLVANIA. COUNTY OF MONTGOMERY On this 23rd day of February, 2016, before me came George D. Licci to me known, who, being by me duly sworn, did depose and say that he resides in Jamison, PA that be is Asst. Secretary of Asphmdh Constniction Corp. The corporation described in and which executed the forgoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so axed by order of the Board of Directors of said corporation and the he signed his name thereto by like order Subscribed and sworn to me before this 23rd day of February, 2016 A.D. Notary : re Not Publi or K. Fuller a g y My commission expires: 1/29/17 Wz IMAM F1 DU t � 23A -22 No. 6616 $'rATE' OF CAi.1F011NIA SAN FRANCISCO Amended Certificate of'Authority THIS IS TO CERTIFY, 'That, pursuant to dre hrsunmee Code of timState of 0diforeda, Travelers Casualty atal Surety CmrtprUty of ?Inrertca of 11urrter�l, Coauecdclit, arganY_ad under the lams of Connorti nit, sabiect to its ^brides of facorporation or ether finultutanutl or;k >uni ^nttona( lineaments, Is hereby, authorized to transact within this Stone, subject to all prmiisioms of this Certtficaw, the fallowing chrsses of hisurmtco. Fire, tl9arine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boller and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous os sarh classes arc now or mov hereafter be defined in the hisrrrance Lairs of the,Strrre nfCofiro>rnia, THIS CF.R?1hiCATF is erprassip canditioned upon the holder hereofaow and horeafter being m full comphonce with ail, and not in violation of any, of the applicable lolls and lawful reryniremanr maele under nuthorim of the lain' ofthe S'kae of Califarula as dorg as such lams or regalreu enis are in effect and apnlicahie, Mid as saeh hn, s mid requirements now are, or nt,m herelffar be changed or amended, IN WITNESS WHEREOF, eflective as oj`ehe 1st day of Jtdy, 199 ?, l have hereunto set urr hand (11111 caused op' gdlianl saint as ba a„J+ iced dos 16th rigvof✓tnte, 1947, Fee 5912.00 Chuck Quackenbush ➢$IICJItCt CrtmntiSSinnuc Roe. No, Filed 5.,28,'97 BY Fitsoria S. S'idharr Lrretrrcu Certification 1. the undersigned bmwance Commissioner ofthe State of Calijarnia, aia hemh). certify that I hare rot¢m'ed the above Coln of Certificate gt'Awhorlry with the tlrplicrae ,forigmal now onfile in r:;p gljire, aril that the same is a frdl, ante, and carretrt tnarsaript thereof: and of the whole gfsaid duplicate, mad said C'ex'tiricatte of antlrwiq is tow tit ftd(forca and eiCect. IN IiTi NESS WHEREOF, 1h(we heratarto set for hand and caused my ni7acial scut to be a>J%lsed thin 3 /sr rfa } pf7Jacemher, 20117. ,Steve pohner Gmu'an�> C'ao,arissM�io' tt" C�c>d.s,G.r. D h1i.�a Pauline D. ImIrea 23A -23 CITY OF SANTA ANA PROPOSAL PROJECT NO,15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Cade requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount; o Streets, highways including bridge projects: Mo of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIRT. BIDDER proposes to subcontract certain portions of the wont to the firms listed below "i Name �q .i0 W n( 6j: y- t r L�(am N me License # /Exp. `"1-3 S.a i Mc nse# /Exp. DIR Reg. # /Exp, o®o Ig!g DIR g. # /Exp. Lo €ation Saga r�a.s°x -. sr. T¢wr,,iidA..Locatio Phone U. *ZC�� Phone Type Of Work G rrZ S c` Type Of W k Amount $ ��,Obb' Amount .$ Name SL (�In�ttte,u.i� l liuv License # /Exp. -r—� DIR Reg. # /ExP. DIR Reg. # /Exp. Location 044� 4rl.,,u Oa,GO (2a, Location Phone 7J t ak4 0 ° 1,5,5 cr �° 4o Pho roe _ Type Of Work �AN k. _l�R 4wh type Of Work Amount $ c2/,000— � Amount$ Name License #/ERGS. Signaaure of Bidder TAP -14 Name License M Location N Phone Type Of Work Amount $ 23A -24 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6828 Harbor Boulevard Corridor Traffic signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. Q and Address of Owner, Name Contract Amount Narne and Address of owner, Name and Telepf Contract Arnount 3. person familiar with project, Tvoe of Work e Number of person 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. BP -15 23A -25 23A -26 M P� s.m CFO' W In n Po TJ UO z w ::o a N •p 0'a w cr p w m �, ru w Ln �• m a m n a W 07 "mi � D W C7 O1 Co O O C7 O 0 O O O � O n• m m m ro o a o_ m ^v a 0 3 0 0 •" 0 3 m � m re Q 3 � ro a 2 C a pay. r pp N n Ott d w m N n n N n h a s—° d _y P1 m C �Gn 7 b O O m v S @ n m n' m n O Y re in H io w m 23A -26 M P� s.m CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) DDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIp jaR �� has performed Traffic Signal and Intelligent Transportation System (ITS) installation and /or modification in the past 5 yearn Name �fOwner. Name and Teleph . uxnbar of person familiar with project. C.A: � Contract Amount Type of Work pate Completed 2, Name and Address of owner. Name and Telephone Number of person familiar wit ,project. Contract Amount Type of Work prate Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project, Contract Amount Type of Work pate Completed The following are the names, addresses, and telephone: numbers of all brokers and suretles from whom BIDDER intends to procure insurance and bonds. RP -16 23A -27 ASPLUN DH TEE EXPERT' CO. 708 Blair Mill Road Willow Grove, PA 10000••1784 'rho above corporate headquartoro address should not he used for billing purposno. All Invoices andlor statements ehould to forwanled to the Individual regional offices who conducted buslauss With the vendor. CREDIT INFORMATION ORIGINATED: August, 1928 FEDERAL ID NUMBER: 23- 1277550 INCORPORATED: Deoember 26, 1945 DUNS NUMBER: 00- 791.1753 OFFICERS: George E. Graham, Jr., President Joseph P. Dwyer, Secretarylrreasurer TYPE OF BUSINESS: Vegetation management and right -of -way clearing for utility companies BANK REFERENCE: PNC Bank Credit Reference Department MS F6- F166.04 -9 4th Floor 8800 Tinicum Boulevard Philadelphia, PA '19153 TRADE REFERENCES: Sauthco Industries Inc, Atin.: Credit Dept- / Carolyn Grant 1840 East Dixon Boulevard Shelby, NC 28152 voice (800) 331 -7655 fax (704) 482 -1460 Altaic Industries, Inc. 210 Inverness Center Drive Birmingham, AL 35242 contact: Scott Reed voice (205) 980 -6878 fax II 408-8083 W.W, Grainger Inc. phone (847) 647 -2060 account# 865856645 MISCELLANEOUS: TOTAL EMPLOYEES: 33,000+ FAX NUMBER: (215) 749 -6191 EMAIL: pnc_credit_ investigations @pnc.com ACCOUNT MANAGER: Eric Hersom Relationship Manager Corporate Banking Husgvnrna Forest & Garden Co. 8335 Harris Comers Parkway Charlotte, NC 28269 voice (704) 597 -5000 fax (704) 599 -4307 Terax South Dakota Inc. Attri.: Sarah Corey 500 Oakwood Road Watertown, SD 57201 voice (605) 8843830 (Sarah C,) fax (605) 882 -5573 Dow AgroSciences LLC Indianapolis, IN httos : / /creditreference dow qqN. Customer Code: 00029267 Standard Register Arlene Avers, Supervisor Credit Services Team 600 Albany Street Dayton, CH, 45417 voice (937) 221 -1000 41 Years at Blair Mill Road location 23A -28 7P27/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15.6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) NMCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) in accordance with Title 23 United States Cade 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 BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or Indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. 9 1 :ib°3{i:LV State of 6 &M09RIPc Per. County of M... ontgomery 5 bscribed anV¢ sworn to (or affirmed) before me on this 2L day of 20Af,' by Hvlrr ezrn proved to me on the basis of satisfactory evidence to be the persons) o appeared before me 23A -29 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15.6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) NON-g15 ;RIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 plated 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 rr 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. S. 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 Contractors 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 BP -18 23A -30 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15-6 828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 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, 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 carder unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 12246 of September 24, 1965, so that such provisions will be binding upon each s+.ibcontract 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. 6. 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 public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed; Gre or I.IO1n�an Tide; Vice iident Firm; Asplundh Construction Corp. Date; February 22, 2016 BP -I9 23A -31 CITY OF SANTA ANA PROPOSAL PROJECT Nei. 15.6928 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) STATEMENT REGAR7ING APPRENTICESHIP RECXIJIREMENTS 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 commlttee 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 apprentice, on the public work, in the some amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed; Grego y Holman Title: Vice esident Firm: Asplundh Construction Corp. Date: February 22, 2016 mil 23A -32 CITE' OF SANTA ANA PROPOSAL PROJECT N0.15.5828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 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 (25 CFR, part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she Is otherwise entitled. Signed:® G ego o man Title: Vice silent Firm: Asplundh Construction Corp. Date: February 22, 2016 13P-21 23A -33 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15 -6828 Harbor Boulevard Corridor Traffic signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) PUBLIC CONTRACT CODE SECTION 10162 CIUESTIONAIRE In conformance with Public Contract Code Section 1 0162, the BIDDER shall complete, tinder 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 bldding 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 fallowing space. BP -22 23A -34 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO. 15.6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents, PR P The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: 1. Bid Proposal 2, Bidder's Statement 8, Contractor's Licensing and Registration Statement 4, Prevailing Wage Compliance and Monitoring Statement 5, Ownership Affidavit 6. Bid Bond 7, List of Subcontractors 8, References 9. Additional References 10, Non - Collusion Affidavit 11, Non•0iscrimination Certlficote 11 Statement Regarding Apprenticeship Requirements 11 Statement Regarding "Anti - Kickback " Requirements 14. Public Contract Code Section 101652 Questionnaire The Proposal may be considered non - responsive if any of these documents or forms is not .................... included. The bid package shall be submitted as instructed in the Notice Inviting Bids, It is the BIDDER'S responsibility to ensure delivery of the Proposal to the location and prior to the bid opening hour stipulated in the Notice inviting Bids, Late Proposals will not be considered, CALIFORNIA STATE LABOR CODE As outlined In the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to Inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code, per Section 171.4,a.2, Contractors are required to post job site notices, as prescribed by regulation. av 23A -35 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO. 15-6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) EXAMINATION CIF CONTRACTIDOCUMENTS AND PRQJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents ncluding the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. DISCREPANCIES AND MISUNDERSTANDINGa No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the Job. Any errors, emissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be culled to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals. REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be received at least five (5) working days prior to the bid opening date, The person submitting the request will be responsible for its prompt delivery. Any Interpretation or correction of the documents will be made only by an Addendum. DDEND All addenda issued during open bid advertisement period will be posted on the City of Santa Ana webslte and shall become part of the Contract Documents. Before submitting a Proposal, each BIDDER Is responsible to become self- informed as to whether or not addenda have been issued. It is the BIDDER's responsibility to notify the AGENCY regarding receipt of addenda. WITH DRA.WA1,_CSF PROPOSAL A Proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY'S Public Works Agency Executive Director prior to the bid- opening hour stipulated In the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee which shall remain in effect for 60 days after opening bids. The withdrawal of the bid proposal will not prejudice the right of the BIDDER to submit a new bid proposal, providing there is time to do so, or to submit a new bid proposal if the is a rebidding of the same project. BID PROTEST Any bid protest must be submitted in writing to Executive Director of Public. Works Agency, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701 before 5;00 p.m. of the 5th business day following bid opening.. Bid protests sent via mail or overnight carrier must be received by the AGENCY by 5 :00 pm of the 5th business day following bid opening In order to v 23A -36 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO. 15 -6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) be deemed timely, Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. a, The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the Contract Document which forms the basis for the protest. c. The protest shall include the name, address, and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the Initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest, Such parties shall include all other BIDDERS or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. If staff Is aware a protest has been filed prior to the opening of bids, the AGENCY shall announce at bid opening who such parties shall be. e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee by the 10th business day from receipt of protest. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of proposed low BIDDER is arbitrary and capricious, or unsuppot ted by substantial evidence in the record. f, All BIDDERS are advised that if you challenge the AGENCY "s award of contract in court, you may be limited to raising only those issues you or someone else raised at the public _ . hearing described above, or in written correspondence delivered to the Executive Director of Public Works at or prior to the public hearing. g. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. if the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be Ineligible for future contract awards, h. The procedure and time limits set forth In this paragraph are mandatory and are the BIDDER's sole and exclusive remedy in the event of bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, Including filing a Government Code Claim or legal proceedings, vi 23A -37 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO, 15 -5878 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) BID PROPOSAL The definitions for Bit! Items that are identified in the Bid Proposal farm are provided in Appendix A. The AGENCY will check each bid Item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity muitipiled by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly. In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail, if a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected.. If a Bid contains discrepancies that make it difficult or impassible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected, Tirne far Gorn�l tion Of Improvements and Li zrridated gamap5 The throe for completion of this project, and the liquidated damages amount when /if the tirne for completion is exceeded, is Included In the Bid Proposal Section of these Contract Documents. BIDDERS STATEMENT In accordance with Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to the public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any bid not containing this Information or a bid containing information, which is subsequently false, .shall be considered non - responsive and shall be rejected by the public agency. Format for these statements are included In the Bid Proposal section of these Contract Documents. In accordance with the Section 3300 of the California Public Contract Code, the Agency has determined that the BIDDER shall possess a license in the classification specified in the Notice Inviting Bids. vii 23A -38 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO, 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) OWNERSHIP AFFIDAVIT An Ownership Affidavit is required to be completed and submitted with the Bid Proposal, A form is provided in the Bid Proposal section of these Contract Documents. Pj;OPP�AL GUARANTY IBID BONDI Each bid shall be accompanied by a Proposal Guaranty as instructed In the Notice Inviting Bids. A sample Bid Bond is Included in the Bid proposal Section of these Contract Documents, LIST OF 59B- CONTRACTORS The State of California Public Contract Code requires listing of all subcontractors who intend to perform work which is Y, % of the bid or $10,000 (streets, highways and bridge projects), whichever is greater, or Y2 % of the bid (buildings, parks, or other projects). A form for this information Is provided in the Bid Proposal section of these Contract Documents. UFLuI ,5 /�1DiJi1 °ZONAL REFEftENCES BIDDER shall Include a list of three public agencies for which BIDDER has performed similar work within past three (3) years, and three public agencies for which BIDDER and /or his Subcontractor has performed similar work within the past five (5) years, A form for this information is provided in the Bid Proposal section of these Contract Documents. NQN- CQLLU5ION AFFIDAVIT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the AGENCY shall require all bidders to execute and submit a non - collusion affidavit with the Bid Proposal. A copy of the Non - Collusion Affidavit is provided In the Bid Proposal section of these Contract Documents, NON-DISCRIMINATION CERTIFICATE Attention is directed to Section 1735 of the California Labor Code, as added by Chapter 643,. Statutes of 1939, which reads as follows: "No discrimination shall be made In the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section Is subject to all penalties Imposed for a violation of the Chapter." A copy of the Certification of Nondiscrimination by Contractors Is provided in the Bid Proposal section of these Contract Documents. wait 23A -39 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO, 15 -6828 Harbor Boulevard Corridor "traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) STATEMENT REGARDING APPRbNTiCE51iIP RECIUIREMENTS Bidders shall be familiar with the requirements of Section 1777.5 of the California State Labor Code regarding employment of apprentices and shall submit a Statement Regarding Apprenticeship Requirements with the Bid Proposal. A copy of the Statement Is provided in the Bid Proposal section of these Contract Documents, STATEMENT REGARDING "ANTI- KICK - BACK" �ENTS Bidders shall be familiar with, and shall agree to comply with, the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented In the Department of Labor regulations (29 CFR, Part 3), and shall submit a Statement Regarding "Anti- Kickback" Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. CONSTRUCTION CONTRACT AGREEMENT, BONDS & INJQ ANCE The Construction Contract Agreement is included in the project Contract Documents as Appendix B, Sample Bonds are included as Appendix C, and Insurance Requirements are included as Appendix D, Following authorization by City Council to award a Construction Contract, written notification will be given by the AGENCY to the successful BIDDER who will, within ten (10) business days, submit to the Agency the completed and signed Construction Contract Agreement, a Faithful Performance Bond, a Materlals and Labor Bond, and evidence of Worker's Compensation Insurance, Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee. No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY. After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Construction Contract Agreement, RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. in 23A -40 W0 z It O m N fC �W h ti n U I: „ o E 4 - U 0 23A -41 C5° Q 4.• -rR�.- U is J I 4� �,a 23A -42 CITY OF SANTA ANA EXHIBIT 3 APPENDIX B: Construction Contract PROJECT NO, 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) This CONSTRUCTION CONTRACT is made and entered into this 19th day of April, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Asplundh Construction Corp,, hereinafter referred to as "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 Project No.15-6828, Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization 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 • Project Plans • 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 Rill payment to complete the Work of Improvement the sum total amount not to exceed $1,170,984, 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 amotmt of any class or portion of the wort, or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 3 23A -43 CITY OF SANTA ANA APPENDIX B: Construction Contract PROJECT NO, 15 -6828 Harbor Boulevard, Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BILL 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. 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 fitrnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. . 7. 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 tip to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For project above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. . s. 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, // Page 2 of 3 23A -44 CITY OF SANTA ANA APPENDIX B: Construction Contract PROJECT NO. 15 -6828 Harbor Boulevard Corridor Traffic Signal Improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR APPROVED AS TO FORM: SONIA R. CARVALHO City Atto ey BY se Sandoval 1 'ef Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS Clerk of the Council City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Asplundh Constriction Corp. By Title Page 3 of 3 23A -45 23A -46 COST ANALYSIS PROJECT NO. 15 -6828: HARBOR BOULEVARD CORRIDOR TRAFFIC SIGNAL IMPROVEMENTS (AS PART OF HARBOR BLVD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT) Construction Contract $1,170,984 Contract Administration $25,378 Inspection and Testing $44,942 Contingencies $116,896 TOTAL ESTIMATED CONSTRUCTION COSTS $1,358,200 Exhibit 4 23A -47 23A -48