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Home My WebLink About23A - PROJ - SAFE TRANSIT STOPSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AWARD CONTRACT TO ND ❑ As Recommended CONSTRUCTION COMPANY, INC. FOR ❑ As Amended CONSTRUCTION OF SAFE TRANSIT ❑ Ordinance on 9e' Reading ❑ Ordinance on 2nd Reading STOPS (PROJECT NO. 15 -6843) ❑ Implementing Resolution {STRATEGIC PLAN NO. 6, 1G} ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 2. Award a contract to ND Construction Company, Inc., the lowest responsible bidder, in accordance with the base bid plus additive alternates 1 and 2, in the amount of $1,066,446 for the construction of Safe Transit Stops, and authorize the City Manager and Clerk of the Council to execute contract, subject to nonsubstantive changes approved by the City Manager and City Attorney. Approve the Project Cost Analysis for a total estimated project delivery cost of $1 439 702 which includes the contract base authorized contract contingency of 20 DISCUSSION 1 1 , amount, administration, inspection, testing, and an percent in the amount of $213,290. The Public Works Agency was successful in obtaining a grant from the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program - Project W Program. This grant funds bus passenger amenities at the 100 busiest bus stops in Orange County. The funding approved for Santa Ana is for 29 OCTA- identified locations that do not currently have bus shelters (Exhibit 1). In addition to constructing bus shelters at these locations, grant funds will also cover the cost of shelter lighting, benches, trash receptacles, and related concrete repairs. OCTA requires award of a construction contract by June 30, 2016. Two concepts were presented to and approved by the Development and Transportation Council Committee on February 11, 2016. The first concept will serve as the prototype for the majority of installations, while the second will offer a more distinctive look, and are to be installed at four to five high visibility locations. 23A -1 Contract Award For Construction of Safe Transit Stops June 7, 2016 Page 2 A Notice Inviting Bids was advertised on April 11 and 18, 2016 and bids were opened on April 27, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 10 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID AMT 1 ND Construction Company Anaheim $738,086 2 Fast -Track Const. Corp. Culver City $774,644 3 Humphrey Constructors Diamond Bar $863,000 4 Lehman Construction, Inc. Tustin $885,884 Five bids were received and four were considered responsive, with ND Construction submitting the lowest responsive bid (Exhibit 2). Based on the bids received, staff recommends award of this contract to ND Construction (Exhibit 3). The estimated total delivery cost of this project is $1,439,702 which is based on the base bid, additive alternates 1 and 2, and other costs detailed in the project cost analysis (Exhibit 4). The $687,519 grant will be supplemented with $200,000 of City General Funds and $552,183 of Peebler Capital Projects fund. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -55 was filed for this project. 23A -2 Contract Award For Construction of Safe Transit Stops June 7, 2016 Page 3 FISCAL IMPACT The Safe Traffic Stops project was approved in the FY 2014 -2015 CIP. Funding in the amount of $687,519 is available in the Measure M2 Street Construction Fund (Account No. 03217663- 66220), $200,000 in the General Fund (Account No. 01117620- 66220) and $552,183 in the Peebler Fund Capital Projects (Account No. 4181830 - 66220). Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to change. Any unspent encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the contract obligations. Contract Period Project No. Account No. Amount FY 2015 -16 (June) 15 -6843 03217663 -66220 $44,375 FY 2016 -17 (July -June) 15 -6843 03217663 -66220 $643,144 FY 2016 -17 (July -June) 15 -6843 01117620 -66220 $200,000 FY 2016 -17 (July -June) 15 -6843 41818830 -66220 $552,183 TOTAL: $1,439,702 APPROVED AS TO FUNDS AND ACCOUNTS: Lre ousavipour M Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency Robert Cortez Special Assistant to the City Manager City Manager's Office FM /EWG/TC /MO Exhibits: 1. Location Map & Design Concepts 2. Bid 3. Construction Contract 4. Cost Analysis 23A -3 23A -4 A AMA ReGLY. KOIK`YF2KY • Locations June 7, 2016 EX P o 'kd Study Concept 2._i • Proposed for larger ROW areas, key locations. Bris Ol/First St., Main Sfiroet (DTSR,Museum Row) Broadway(DTSA), SARTC (future) • Back Panels Can Vary Area /Route Maps' Mesh Grid for Landscaping, Artwork ,r? (� (OCSA, DTSA), Billboard for Ads, OCTA Promotions (SARTC) ..., • Suspended Benches or lean rails • Pilot installation`s �x CITY OF SANTA ANA PROPOSAL Exhibit 2 PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ND Construction Co., Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price Amount I New Single Bus Shelter 40 EA $ (6 $666,090. 2 New PCC Concrete Replacetncnt 1,400* SF $ $ p g Q r _ 3 New PCC Cub Rarnp Replacement 12 EA $ 4 ECK60 $ 54, 9 -7a, , 4 Now Tree 4 EA $ (,�® $ TOTAL BASE BID $ _l " g( D5�. ADD ALTERNATE BID I: 5 New Solar Panel Systems 40* EA EA $ 'TOTAL ADD ALTERNATE BID 1 ADD ALTERNATE BID 2_: G 1 New Advertisement Case 29* EA $ TOTAL ADD ALTERNATE BID 2 W $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the tight to award the Base Bid, and any, all, or none of the add - altemate 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 '�13A rr� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS arnount 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. TOTAL BASE BID $ -7 TOTAL ADD ALTERNATE BID 1 $ TOTAL ADD ALTERNATE BID 2 $ 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 twenty (120) - working dates after the commencement (late 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 $573 per calendar day. Name of Firm ND Construction Co., Inc. 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.) LA &K -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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 furnds, 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 Linder penalty of perjury that the foregoing is true and correct, Name of Firm ND Constsuct.ion Co., Inc. Signature of BIDDER. Title President _ (If an individual, so state. If a firm or co- partuQrship, 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.) LJA19 MY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS CQNT'ILACTOR'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: ND Construction Co., Inc. Business Address; 2201 L Winston Rd, Suite M, Anaheim, CA 92806 Business E -Mail Address: info@ndcompanies.com Telephone: _949 -498 -1799 State Contractor's License No. and Class; 779970 - A, H, C10, C46 License Expiration Date: 6/30/2016 State Dept, of Industrial Relations (DIR) Registration No.: 1000004666 State Dept, of Industrial Relations (DIR) " " ` 1 "' 111Y Registrat Signed: Title: President L 3H P1 b CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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, or 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 fltlly 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 Signature of BTI NM 0—a h —,. i n Ian 'r__ Title President (if an individual, so state) 2SS411 CTTY O SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS OWNERSHIP AFFIDAVIT S7 ATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY Ol^ SANTA ANA ) Michael Pta rti inn._. � ��,bcing duly'swonr, deposes tmd says: [,] INDIVIDUAL. That lveshe is the party making the foregoing proposal: PART'NERSI -IIP 'I hit[ he/she is a member of the co- partnership star designated as; and who has been and is dtdy vested vvith the authority to make and execute instruments for thc co- partnership by: who constitute the other members ofthe co- parntership, Fk] CORPORATION That he is or. President it corporation which is making the foregoing proposal:��_ ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal its it joint venture, and the he/she has been and is duty vested with the authority to execute insavments for an on behalf of the parties making said bid 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 con 'act,yr,'')hhrlf or an ther erson. Signaturl of Bidder Subscribed d swo n t before me this of April _ 20 J s � Signahue of officer Administering Oath (Notary Public) i�l[9C( ►1:111. ° Commission 7d 1 a "t- w Notary Public - California z ;r k-- z Z, Orange County My Comm. px as May 27, 2016 w NO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID BOND KNOW ALL, PRESENT that, ND Construction Company, Inc. , as BIDDER, and Merchants Bonding Company (Mutual) as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($__10% of Bid ), 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 _ 21st day of April , 2016 . BIDDER* SURETY* Merchants Bong! Company (Mutual), 6700 Westown Parkway, Des Moines, IA 40266 -7754, T:800- 678 -8171 Signature: F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA and sworn to before me ,20 92101 619 - 238 -1828 this Please see attached California All- Purpose Acknowledgment Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 23A -13 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code § 1189 —K —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 j County of San Dia( j} On APR 2 12016 Oat. before me, Janice R. Martin Notary Public, InseA Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon — - - - - -- Name(s) of Signers) JANI(^F fl MA.RTIN v01VM #1986564 o C3 t i 7TH" 6I !AP r - AUMVNIA4 C In c, n E;xrnros a!,l ti,l:p 16 who proved to me on the basis of satisfactory evidence to be the personWh whose name(/;ah is /#'f# subscribed to the within instrument and acknowledged to me that he /ftiffift executed the same in hisftf/,Wf,Iif authorized capacity04Q, and that by his /M&Iftysignatureffl on the instrument the person(W, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Sihqnature"Ota jly Public Janice R. Martin f..: i ►". Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner ❑Limite< 14 Attorney in Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):� ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 23A -14 Top of thumb here MERCT BONDING COMPANY'S POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, Individually, James Baldassare Jr; Lawrence F McMahon of San Diego and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surely any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shell not exceed the amount of: TWO MILLION ($2,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice president shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014 , 11, IIVNYIY/I.. • • MERCHANTS BONDING COMPANY (MUTUAL.) MERCHANTS NATIONAL BONDING, INC. /,e-7 7,7� President On this 13th day of Aup Ust 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the sold Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first - abovewritten: opal <00 WENDY WOODY Commission Number 7$4654 My Commission Expires rowP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto sot my hand and affixed the seal of the Companies on this 21st day of April 2016 a, 2DD3 ici# :y 1933 'c> .tiro Secretary POA 0014 (7/14) :c1�'ay <* ^^ STATE OF IOWA 4e '�..•�`� `' °• it �.'° COUNTY OF POLK as. " " "�� " /'�11 • ° "° /,e-7 7,7� President On this 13th day of Aup Ust 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the sold Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first - abovewritten: opal <00 WENDY WOODY Commission Number 7$4654 My Commission Expires rowP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto sot my hand and affixed the seal of the Companies on this 21st day of April 2016 Secretary POA 0014 (7/14) :c1�'ay <* ^^ •. °J`y,.{ ..•`�d . *...;r� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran e On °L �� )+7 before me, Nick MartiryNatary Public C)a a Flare Insert Name and Title of the 0ff1cer personally appeared Michael Martin Names) of Signor(s) NICK MARTIN ++r Commission # 1979791 r Notary public • California = orange county My Comm E+ x�S May 27, 2016 + Place Notary Sag( Above who proved to me on the basis of satisfactory evidence to be the person%) whose name(A) is &K subscribed to the within instrument and acknowledged to me that he/ XVhq executed the same in his /MkMiatkauthorized capacity(M11), and that by hisIVAUM signature(§) on the instrument the person(�L), or the entity upon behalf of which the person(o 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 fflbial al. Signature elgnatur ai Notary PuUlic 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 Document: Document Signer(s) Other Than Named Capacity(ios) Claimed by Signer(s) Signer's Name:__ _ ❑ Individual ❑ Corporate Off icer-- Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: _ ❑ Individual ❑ Corporate Officer — Titie(s): El ❑ Partner -- ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 23A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6843 SAFE TRANSIT STOPS LIST OF SUB-CONTRACTORS Section 41.00 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: 'h% 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 License # Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. # /Exp. License # _ Location Phone Type Of Work Amount $ Name _ License # /Exp. DIR Reg, WExp. License # _ Location Phone Type Of Work Amount $ Signatura'of Bidder Name License #/Exp. DIR. Reg. #/Exp, Location Phone Type Of Wort. Amount $ Name License #/Exp. DIR Reg. # /Exp, License # Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg.. # /Exp. License # Location Phone Type Of Work _ m Amount $ 23 *4% CITY OF SANTA ANA PROPOSAL PROTECT NO.: 15 -6843 SAFE TRANSIT STOPS 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 City of Whittier, 13230 Penn Street, Whittier, CA 90502 Name and Address of Owner. James Keena - 562 - 567 -9514 Name mid Telephone Number of person familiar with project. $702,211 Transit_ shelter improvements Dec 2015 Contract Amount Type of Work Date Completed 2. Sunline Transit Agency, 32 -505 Harry Oliver Trail, Thousand Palms, CA 92276 Name and Address of owner. Anita Petke - 760 - 343 -3456 Narne and Telephone Number of person familiar with project. $322,928 Tr_an_sit shelter improvements July 2015 Contract Amount — Type of Work Date Completed 3. _City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91776 Name and Address of owner, Angela Cheng - 626 -308 -2825 Name and Telephone Number of person familiar with project. $535,705 Transit shelter improvements Dec 2014 _ 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. Ryan Warnock, Alliant, 701 B Street, 6th Floor, San Diego, CA 92101, (619) 849 -3937 Doug Krumpol.s, AVI, 200 S 01a Vista, San Clemente, CA 92672, (949) 940 -1856 S • i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -68443 SAFE TRANSIT STOPS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882 Name and Address of Owner. do Sanabria - 95 Name and Telephone Nun $71,222 Contract Amount of person familiar with project. Transit shelter improvements Type of Work 2. City of Santee, 10601 Magnolia Ave, Santee, CA 92071 Name and Address of owner. Jeff Morgan - 619- 258 -4100 Name and Telephone Number of person familiar with project. Dee 2015 Date Completed 5136,153 Transit shelter improvements ,Tan 2015 _ Contract Amount Type of Work Date Completed 3. Riverside Transit Agency, 1625 Third Street, Riverside, CA 92507 Name and Address of owner. Name and $194,565 Contract Amount - 951 - 565 -5210 ene Number of person with project. Transit shelter improvements Feb 2014 Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER in to procure insurance and bonds. RUMP CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In accordance 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 sball refiain 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 bird 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 Ina mg ?alse Celt if, atir�l may subject the certifier to criminal prosecution. X �/ �� Signed State of California County Of ORANGE Subscribed and sworri to (or affirmed) before Michael Martin , proved to me on persons) who appeared b .fare me Notary Public Signature rote on this 26th day of April , 201q by the basis of satisfactory evidence to be the NICK MAPTiN Commission S 1978781 Notary Public - California a Z a. ' Orange County I My Gomm. Expires May 27,_2.018 c Notary Public Seal W1J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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 tennination; .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 be /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 11.246 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 tales,- 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 constriction 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. L �P 0 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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 riles, 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 contractor of public worlds viola mg this Section is subject to all the penalties imposed for a violation of the Chapter] /) / Title: President liilYri: ND Construction Co., Inc. Date: 4/26/16 23 -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING APPRENTICESHIP REOUIREMFF 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: I. 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 conLTaetors not signatory to the trust agreement shall pay a like amount tVhe Cgliomi,�,Apprentig4liipgouncil. Signed: Tide: President Firm: ND construction Co., Inc. Date: 4/26/16 2J8AP2J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING "ANTI- ICICICBACIC" R1;QUIREMEN'fS The undersigned is submitting this proposal for performing by contract the work recluired 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 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: _ Title: President Firm: ND ConstrucLion Co., Inc. Date: 4/26/16 23A -24 ii CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SATE TRANSIT STOPS PUBLIC CONTRACT CODE SECTION 10162�UE5'TIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circutiv tances in the following space. TW2S MAYOR Miguel A Puhdo MAYOR PRO rEM Vincente Sarnmento COUNCILMEMBFIRS Angelica Arnezwo P. David Senavides Michele Martinez Roman Royna Sal'rinajem April 21, 2016 ADDENDUM No. ONE CIPT' OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 15-6843; SAFE TRANSIT STOPS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R Carvalho CLERK OF THE COUNCIL Maria D Hurzar The following changes have been made to the specifications of the subject project: apgofications 1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4: Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown in Appendix E" 2, Appendix H, Concept Drawing Keyed Note #9. Revise note to read as follows: "LED Strip Lighting: Install minimum one T-0" long strip per bay to provide minimum two (2) footcandle light level around shelter, This level can be inclusive of existing nearby street lighting. Light operation will be from dusk until down. " 3. Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows: "Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy, shall be sized for the shortest day of the year, and shall be UL listed. " 4. Appendix H, Concept Drawing Keyed Note #14: Append to note the following: "Lighting for Advertisement Case to be solar powered." All other terms and conditions remain the same. FOR TFIECITYP SAN�"AANA Edwin "William" Galvez City Engineer Public Works Agency 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ND Construction Co., Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined, the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to famish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I New Single Bus Shelter --70— EA $ 6 o d $ i 2 New PCC Concrete Replacement 1,400* SF $ 3 New PCC Curb Rarnp Replacement 12 EA $!� t•(Z $ 97A , 4 New Tree 4 EA $ 0 ,6® $ TOTAL BASE BID $ –7 i 6( 05�, ADD ALTERNATE BID I : 5 New Solar Panel Systems 40* EA 185•&0 $ g7, 4tv.W TOTAL ADD ALTERNATE BID 1 $ 97 MOO ADD ALTERNATE BID 2: G 1 New Advertisement Case 29* EA �$ � O' ` e. TOTAL ADD ALTERNATE 131D 2 $ 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 LS *'2% CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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. TOTAL BASE BID $ % �G6. TOTAL ADD ALTERNATE BID 1 $ 8 7 400. 00 TOTAL ADD ALTERNATE BID 2 $'z k) L q o. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one - hundred twenty L12U)_ 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 $573 per calendar day. Name of Firm. Signature ofBIl Construction Co., Inc. 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 CITY OF SANTA ANA PROPOSAL PROJECT NO.! 15 -6843 SAFE TRANSIT STOPS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Docrutizents 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 Che 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 ofFhYn ND Construction Co., Inc. 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.) r ,, . . CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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: ND Construction Co., Inc, Business Address: 2701 E Winston Rd, Suite M, Anaheim, CA 92806 Business E -Mail Address: info @ndcompanies. con Telephone; 949 -498 -1799 State Contractor's License No. and Class: 779970 -A, B, C10, C46 License Expiration Date: 6/90/2016 State Dept. of Industrial Relations (DIR) Registration No.: 1000004666 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2016 Signed: _ Title: President LM P3b CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15 -6843 SAFE TRANSIT STOPS 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, at 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 tally 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 Signature of BE Title President (if an individual, so state) 2SX-41 CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE. ) SS: CITY OF SANTA ANA } Michael Martin .being duly sworn, deposes and says: Ej INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSI HP 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- paruers-hip by: who constitnue the oIIter nrembers of the co- partnership. [k] CORPORATION That he is of: PreeidenC a corporation which is making the foregoing proposal: vv - -- ❑ IO[Nr VENTURE That he is of. one of the parties ntaldng 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 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 teon'ract, him if or an ther erson. Signahu of Bidder Subscribed dSw ntibeforemethis._ 2E;tl, day of APr.7_i - -. -- -2016 Signature of officer Administering Oath (Notary Public mm NICK MARTIN Commisslon # 1978731 Notary Public � Callfarnia z z " Orange County a a "'° My Comm: Gxplras fJ�ay 27, 2016 �f -' 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID BOND KNOW ALL PRESENT that, ND Construction Company, Inc. , as BIDDER, and Merchants Bonding Company (Mutual) , as SURETY, are held and firmly bound unto the CITY Of SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($ 10 %ofBid ), 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 nu11 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 21st day of April , 2016 . BIDDER* SURETY* Merchants Bond Comoanv (Mutual), 6700 Westown Parkway. Des Moines. IA 40266 -77K T:800- 678 -8171 Signature: F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA and sworn to before me _ , 20_. 92101 619 -238 -1828 this Please see attached California All-Purpose Acknowledgment Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 23A -33 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 Diego _ On APR 21 2616 before me, Janice R. Martin Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence_ F. McMahon Name(s) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the person(#h whose name(oh is /#'f# subscribed to the within instrument and acknowled ad to me that helftif)yl� G ANIC H IN executed the same in his/}y #f /f #ly1 j authorized capacityU � M.Ah fr 1986564 and that by his /f &j#MysignatureQ on the instrument the 110101 t,()MM 0 PIJtir person(/��, or the entity upon behalf of which the persona* s)2NO?AP r� M NU acted, executed the instrument. rlrf L1rY, iex !Irea ' X it v 016 1 certify under PENALTY OF PERJURY under the laws of `f the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature o ela Public Janice R. Martin OPTIONAL -- Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-- Title(s): ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General 14 Attorney in Fact ❑Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing. Signer is Representing: 23A -34 MERCHANTS BONDING COMPANY,v POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, intlividuelly, James Baldassare Jr; Lawrence F McMahon of San Diego and State of California their true and lawful Attorney -In -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surety any and all bonds, undertakings, recognlzances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of; TWO MILLION ($2,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the arts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. - This Power -of- Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014. STATE OF IOWA COUNTY OF POLK ss, p1NG C®r . �.,A. A�°. MERCHANTS BONDING COMPANY(MUTUAL) .�PQ MERCHANTS jjjNATIONAL BONDING, INC. -0- Z. ,,,,✓ 1933 :tie. • ° ° President On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors, In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written: . - ............ _. .. _ _ _ .___ _. ........ _ Pt "A<s WENDY WOODY Commission Number 784654 My Commission Expires U�l . n ore June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, dr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have this 21st day of April s 'a- ;'�� 203 POA 0014 (7/14) hand and affixed the seal of the Companies on o� /y� /� mil✓ iGs = -o- fit—,• ° �•'• 1933 ;'C' Secretary 231°=3.5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On _ +�a- it before me, Nick Markin Notary Public Date Fiore Insert Name and Title of the Oflloer personally appeared Michael Martin Names) oS signor(s)" "_— who proved to me on the basis of satisfactory evidence to be the person( whose nameO is / &N subscribed to the within instrument and acknowledged to me that he /NMEfdy NICK MARTIN executed the same in his /h13MITINYStuthorized capacity(Mk), Commisalan # 1978731 and that by his /� signature(§) on the instrument the ( Notary public . California z person(), or the entity upon behalf of which the person(s) Cranrae County v acted, executed the instrument. My CommMay27, tote+ 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 ffb al. Signature Place Notary Seal Above slgnalur R Notary Public 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 Document: Document Signer(s) Other Than Named Capaclty(ies) Claimed by Signer(s) Signer's Name: _ ❑ Individual ❑ Corporate Officer -- Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: _ ❑ Individual D Corporate Officer— Title(s): ❑ Ej ❑ Partner --- ❑Limited ❑ General T' Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 23A -36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS LIST OF SUB — CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bird for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %x% of the bid or $10,000, whichever is greater n Buildings, parks, or other projects: ' /z% of the bid Section 1.725.5 of the Public Contract Code requires all Subcontractors be registered with the State Dop<utment of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Nance License # /Exp. DIR Reg. # /Exp, License # Location Phone Type Of Work Arnount $ Name License # /.Exp. — I2IR.Rcg. # /Exp. _ .... License # Location Phone Type Of Work Amount $ let Signatur of Bidder 'Name License #fExp. DIR Reg. #/Exp, Location Phone Type Of Work Amount $ Name _ License # /Exp. _ DIR Reg. # /Exp. License # Location Phone Type Of Work _ Amount $ _ Name License # /Exp. DIR Reg. # /Exp.._. License # Location Phone Type Of Work Amount $ 23c,A,P--J% CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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. City of Whittier, 13230 Penn Street, Whittier, CA 90602 Name and Address of Owner. James Keena - 562 -567 -9514 Name and Telephone Number of person familiar with project. $702,211 Transit shelter improvements Dec 2_015 Contract Amount __ Type of Work Date Completed 2, Sunline Transit Agency, 32 -505 Harry Oliver Trail, Thousand Palms, CA 92276 Name and Address of owner. Anita Petke - 760 -343 -3456 Name and Telephony Number n1'person farnrllar with project. $322,928 Transit shelter improvements July 2015 Contract Amount Type of Work Date Completed 3. City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91776 Nance and Address of owner. Angela Cbeng - 626- 308 -2825 Name and Telephone Number of person familiar with project. $535,705 Contract Amount Transit shelter improvements Type of Work Dec 2014 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. Ryan Warnock, Alliant, 701 D Street, 6th Floor, San Diego, CA 92101, (619) 849 -3937 Doug Krumpols, AVI, 200 S Ola Vista, San Clemente, CA 92672, (949) 940 -1856 2U PA C ITY OF SANTA ANA PROPOSAL PROJECT NO.: I5 -6843 SAFE TRANSIT STOPS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882 Name and Address of Owner. Gerardo Sanabria - 951 -279 -3522 _ Name and Telephone .Number of person fatiliar with project. $71,222 Transit shelter improvements Dec 2015 Contract Amount Type of Work Date Completed 2. City of Santee, 10601 Magnolia Ave, Santee, CA 92071 Name and Address of owner. Jeff Morgan - 619- 258 -4100 Name and Telephone Number of person familiar with project. __ a 6,153 Transit shelter improvements Jan 2015 Contract Amount Type of Work Date Completed 3. Riverside Transit Agency, 1825 Third Street, Riverside, CA 92507 Name and Address of owner. Andrew Frost - 951- 565 -5210 Name and Telephone Number of person familiar with project. $194,565 Transit shelter improvements Feb 2014 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In accordance 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 d'u'ectly 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; tbat 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- collusior 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 ma!Ang a false certi�catiWi may subject the certifier to criminal prosecution. Signed State of California County of ORANGE Subscribed and sworn to (or affirmed) before Michael Martin , proved to nle on person(s) who appeared b .fore me Notary Public Signature nue on this 26thday of kpril , 20 iq by the basis of satisfactory evidence to be the . , NICK MAflTiN Commission # 9978731 °+? Notary Public -California a Orange County Notary Public Seal I �A fP 16 4 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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, dernotion, 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 lic /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 11.246 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. 1213 A11 CI'TY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6843 SAFE TRANSIT STOPS 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 riles, 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 woks 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 th"i', SSecti�on is subject to all the penalties imposed for a violation of the Chapter Signed: Title: President Firm: ND Construction Co„ Inc. Date: 4/26/16 23X -4L CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 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 worts 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 a like amount to�the CO (Arnig,Apprenticgeshipfouncil. Signed: Title: President Firm: ND Construction Co., Inc. Date: 4/26/16 L �� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work rewired 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 employed in the construction or repair of public work, to give up any part of the compensation to which he /she is othM titled. �Signed; ___._. Title: President Firm: NO Construction Co., Inc. Date: 4/26/16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS PUBLIC CONfRA.CT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, tinder penalty of perjury, the following questionnaires Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No x If the answer is yes, explain the circumstances in the following space. MAYOR Migual A. Purdo MAYOR PRO TEM Vincente Sarmlento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal TipajRro April 21, 2016 ADDENDUM No. ONE l Y 01 it CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92.702 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Gawalho CLERK OF THE COUNCIL Maria D. Huizar The following changes have been made to the specifications of the subject project: Specifications 1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4: Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown in Appendix E" 2, Appendix H, Concept Drawing Keyed Note #91 Revise note to read as follows: "LED Strip Lighting: Install noinimum one 3' -0" long strip per bay to provide minimum two (2) Footcandle light level around shelter. This level can be inclusive of existing nearby street lighting. Light operation will be from dusk until dawn." 3, Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows: "Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy, shall be sized for the shortest day of the year, and shall be UL listed." 4, Appendix 11, Concept Drawing Keyed Note #14: Append to note the following: "Lighting for Advertisement Case to be solar powered." All other terms and conditions remain the same. FOR THE SANTA ANA r Edwin "William" Galvez City Engineer Public Works Agency 23A-46 City of Santa Ana Attn: Public Works Receptionist Ross Annex, Third Floor 20 Civic Center Plaza, M-22 Santa Ana, CA 92701 201-6 RN'27 Pml.�� 14:02 23A -48 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS This CONSTRUCTION CONTRACT is made and entered into this 7t" day of June, 2016, 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 referred to as "CITY" and ND Construction Company, Inc., hereinafter referred to as "CONTRACTOR ". WrfNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the 15 -6843 Safe Transit Stops 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 full payment to complete the Work of Improvement the sum total amount not to exceed $1,066,446.00, 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. 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. 23A49 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of hnprovement 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 furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. a. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A°f60 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS IN WITNESS WIiEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY r7sS�andoval ief Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: ND Construction Company, Inc By: Title: 3 of 3 23A -51 23A -52 COST ANALYSIS PROJECT NO. 15 -6843: SAFE TRANSIT STOPS PROJECT Construction Contract $ 1,066,446 Contract Administration $ 77,621 Inspection and Testing $82,345 Contingencies $213,290 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,439,702 EXHIBIT 4 23A -53 23A -54