HomeMy WebLinkAbout23A - PROJ - SLURRY SEALREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 2, 2016
TITLE:
AWARD CONTRACT TO PETROCHEM
MATERIALS INNOVATION, LLC FOR
CONSTRUCTION OF LOCAL STREET
SLURRY SEAL FY 2015 -2016
(PROJECT: 16 -6859)
(STRATEGIC PLAN NOS. 6, 1B; 1C; 1G)
l &-�/
CI Y M MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "6 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 contract to
Petrochem Materials Innovation, LLC, the lowest responsible bidder, in accordance with the
bid in the amount of $1,515,876 for the term beginning upon execution of the contract and
ending upon project completion for the construction of the Local Street Slurry Seal FY 2015-
2016 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 $1,850,000,
which includes the contract base amount, administration, inspection, testing, and a 12
percent contractual contingency of $181,930.
DISCUSSION
The City's Pavement Management Program was developed to identify the preventive
maintenance requirements for the City's street network. The recommended local street
segments (Exhibit 1) have been identified as high priorities for slurry seal. The recommended
work consists of preparing the roadway by performing minor pavement repairs, including
localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, striping,
and signage. Once completed, these improvements will enhance the ride quality, surface
drainage, and appearance of the neighborhood, as well as extend the life of the pavement.
A Notice Inviting Bids was advertised on May 24, 2016 and May 31, 2016, and bids were opened
June 14, 2016. The following is a summary of the bid invitations made and received:
23A -1
Award Contract For Construction of Local Street Slurry Seal FY 2015 -2016
August 2, 2016
Page 2
Contractor Participation Data
Santa Ana contractors receiving notices
6
Contractors requesting bidding documents
9
Bids received
3
Bids received from Santa Ana contractors
0
Bid Results Summary
Rank
Bidder's Name
Location
Base Bid Amt.
1
Petrochem Materials Innovation, LLC
Carlsbad
$1,515,876.00
2
All American Asphalt
Corona
$1,611,130.00
A total of three bids were received and two were considered responsive. Petrochem Materials
Innovation, LLC submitted the lowest responsive bid in the amount of $1,515,876 (Exhibit 2) and
is comparable to the engineer's estimate of $1,550,000. Based on a bid analysis and a
contractor's performance reference check, staff recommends award of this contract to Petrochem
Materials Innovation, LLC (Exhibit 3).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy B (equitably maintain existing streets and associated assets in a state of good
repair so they are clean, safe, and aesthetically pleasing for all users), Strategy C (invest
resources and technology to extend the service life of existing infrastructure to protect the City's
investment and support a high quality of life standard), and Strategy G (develop and implement
the City's Capital Improvement Program in coordination with the Community Investment Plan).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are
exempt from further review. Categorical Exemption Environmental Review No. 2016 -74 was filed
for this project, and a Certification of Categorical Exclusion and Statutory Worksheet was
prepared in accordance with the National Environmental Policy Act.
23A -2
Award Contract For Construction of Local Street Slurry Seal FY 2015 -2016
August 2, 2016
Page 3
FISCAL IMPACT
As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is
$1,850,000, which includes construction, contract administration, inspection, testing, surveying
and contingencies. Funding is available in the Measure M2 Street Construction Fund (Account
No. 03217662 - 66220) for expenditure in Fiscal Year 2016 -2017.
Public Works Agency
FM /EWG /TC /MO
Exhibits: 1. Location Map
2. Bid
3. Construction Contract
4. Cost Analysis
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
23A -3
23A -4
INTS)
SANTA ANA THEE.
�i COU CCUMCT AWND FOR
�, ,auc�uar 2 erns LOCAL /SpTpR/�EET SLUWW SEAL 205-16
2095 -16
W0. IC 5 S AMW \r WECT NO N M)
TIP. I am
23A -6
CITY OF SANTA ANA Exhibit 2
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 201.5 -16
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: cgem iyW1;z4tP'LS SNN0/AM0r ' L—wc.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with
said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the
following schedule:
Item
Description
Qty
Unit
Unit Price
Amount
1
Unclassified Excavation
20
CY
$
$
41,90, 00
2
Cold Mill (2 °)
42,000
SF�
$
$
0,30
I- Z,6ov, ov
.1
AC Pavement
600
1N
$
$
4
Rubberized Enmision Aggregate Slurry
2,400
IN
$
$
(REAS), Type 11
5"E3.11
1,3031 WS, 04
5
Adlust Manhole Frame & Clover to
2
EA
$
$
Finished Grade
C 00' oo
2l000,00
6
Finnish and Install New Water Valve
5
EA
$
$
Frame & Cover to Finished Grade
0 00 Qp
r000,00
7
'rennporary Construction Sign
6
EA
$
$
8
Crack Sealing
1
LS
$
$
% ! �9oo, o-
7 7 n9a o 0
9
Protection of Surface Utility Frames &
1
LS
$
$
Covers
ebo' Cali
2,F &O 00
10
Signing and Swiping
1
LS
$))
$
((
2613 8p
P -1 of P -I6
23A -7
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
TOTAL BASE BID S 11 S 74
The lowest responsible bidder shall be selected based on the total base bid. Tire City reserves the
right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any).
The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual
amount for this itern will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
t This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, by October 31, 2016, or within forty (401 working days after the commencement
date stated in the Notice to Proceed, whichever occurs earlier. The bidder also proposes to
continence construction of the Work within ten (10) working days, after issuance of a Notice to
Proceed, and to continue in a diligent and workman-like manner without interruption, and to
complete the construction thereof within the time specified above.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $5,800 per calendar day.
Name of Firm `� v- t=cAAEm a A'c�RrF�t_S SNNOVATtoni, Lel ((
Signature of BIDDER
Title C.� -O.
(If an individual, so state, If a film or co- partnership, state the firm name and give the navies 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 -2 of P -16
23A -8
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
BIDDER'S STA'T'EMENT
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 aril 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, drams, or
BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned.
BIDDER understands that a bid is required for the entire work, the estimated quantities set forth
in the bid schedule are solely for the purpose of comparing bids, and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. The
BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.15 of the California Business and Professions Code, the
undersigned certifies under penalty of perjury that the foregoing is true and correct,
Name of Firm Ag TmoC..14>v,m QQ(ylscr.AERip S �NNor/pT1oN Ll C
Signature of BIDDER
Title 0, - Q ,
(If an individual, so state. If a fret 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 -3 of P-16
23A -9
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 201.5 -16
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 Depa3unent of Industrial
Relations (DIR), and that the following is true and correct.
Contractor's Name: PeV10 Lrh PV\A1W —iA"s 3a NOVAMOn1 , LLC
Business Address: (ni%S SNNoJA-x10N WA. of- LSBAca ,CA• (12.00`i
Business E -Mail Address: -Go,- Y, z pffy k -ednno 10,E -C_oyv , _
Telephone: Ci (.0) to03 -0` 61
State Contractor's License No. and Class: 991 ZeI4 A � C.32—
License Expiration Date: 03 131/ 2°b10s,
State Dept. of Industrial. Relations (DIR) +7 �}
Registration No.: , 00M I I ZOS
State Dept. of Industrial Relations (DIR)
Registration ExLration Date: OG,13�1 zo i LQ
Signed:
Title: C • r 6).
P -4 of P -16
23A -10
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
PREVAILING WAGE COMPLIANCE AND MONITORING STATEMEN'r
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well
as California Code of Regulations, 'Title 8, Section 16,000, et seq., (`Prevailing Wage Laws "),
which require the payment of prevailing wage rates and the performance of other requirements
on "public works" and "maintenance" projects, Since the services are being performed as part of
an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws.
City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at
the commencement of this Agreement. Contractor shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising oat of any failure or alleged
failure to comply with the Prevailing Wage Laws.
The undersigned certifies that the foregoing is true and correct
NameofFirm i CROCt;E1yy MA IALS Xn,NoJA -UaO, L_LC
Signature of BIDDER
Title C•Fo•
(if an individual, so state)
P -5 of P-16
23A -11
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
OWNERSHIP AFFIDAVIT
SPATE OF CALIFORNIA
)
COUNTY OF ORANGE
) SS:
CITY OF SANTA ANA
)
FCEAtJ k HoFFiM1 r/ J 5;, O , being duly sworn. deposes and says:
%INDIVIDUAL
That he/she is the pally making the foregoing proposal:
❑ PARTNERSHIP
That he /she is a member of the co- partnership firm designated as:
and who has been and is duly vested with the authority to make and execute insbruments
for the co- partnership by:
who constitute the other members of the co- partnership.
❑ CORPORATION
That be is of.
a corporation which is making the foregoing proposal:
❑ JOINT VENTURE
That he is of:
one of the parties making tho foregoing proposal as fl joint venture, and the he /she has
been and is duly vested with the authority to execute instruments ror an oil 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 contract, for him/^sellf'oi any other person.
Signature of BA (der
Subscribed and sworn to before me this �_ clay of 3 ,/ J 20 110
Signature of officer Administering Oath (Notary Public)
P -6 of P -16
23A -12
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 Dieqo
Subscribed and sworn to (or affirmed) before me on this 6th
day of June , 2016 , by Frank B. Hoffman
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me,
VICKI N�GUYEEW .[
Commission * 2038824 L
Notary Public - California s
San Cleo County
LAy Comm. Ea ire$ AS 24 2097
s ! !
(Seal) Signature
23A -13
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
BID BOND
KNOW ALL PRESENT that,
Petrochem Materials Innovation, LLC , as BIDDER, and
Libel Mutual Insurance Company , as SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _
Ten percent of the total amount bid Dollars ($ 10°10 of total amount 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
9th day of June 2016 .
Petrochem Materials Innovation, LLC
BIDDER*
6168 Innovation Way, Carlsbad, CA 92009
(760) 603 -0961
Liberty Mutual Insurance Company
SURETY* 175 Berkeley Street, Boston, MA 02116
Subscribed and sworn to before me this day of
_
120—
Signature:
Notary Public in and for the County of
, State of
Provide BIDDER/ SURETY name, address, and telephone number and the name, title,
address, and telephone number of authorized representative.
.,D,7�f p 1 Fy
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 v)
On June 9, 2016 before me, _Minna Fluovila, Notary Public
(insert name and title of the officer)
personally appeared Tara Bacon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct,
3x83e�° .. ,.,
WITNESS my hand and official seal. M I N N A M\1v LA
,: Commission 9 2133245
¢ " a; Notary Public • California
San Diego County
/,.,— My Comm. Ex Ires paa 6, 2019
Signature 1. �� (Seal)
1
23A -15
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7239031
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casually Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casually Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies "), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint „_ Bradley Orr; Dale G Harshaw• Geoffrey Shelton; John R Qualin” Kyle King' Tara Bacon
all of the city of San Diego , state of CA each individually if there be more than one named, Its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 14th day of January J 2016
Ne CAf �tV INS /V �tNSUyy,1, N1N5UR4
'v � n ' 49] JP ovro,Wr �`)P ,INN �� t "P 4veo,W> 1(
ea ' �, ,� h
i n o
a 7906 1919 1912 1991
z
! 6 O a
d b P n W a
��,A MtNV*\ .ijy H'NA,ACyse(�b '� �1G<ty1 \�f� yA ML ANN t
J
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
American Fire and Casualty Company
ti
The Ohio Casualty Insurance Company
w
In
Liberty Mutual Insurance Company
West American Insurance Company
•�
? ��
.P7
By:
David M. Care Assistant Secretary
r
tpm On this 14th day of January , 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
> IN WITNESS WHEREOF, I have hereunto subscribed an name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above writer.
i0 9P ppsr COMMONWEALTH OF PENNSYLVANIA
y PooOe, ( NolFlflfll $sal
Teresa Pastella. Notary Public By;
Plymouth Twp, Montgomery County Teresa Pastelist, Notary Public
My Commission Expires March 28. 2017
Member, This Power ol'Ahorney is made and executed pursuathority of the following By -laws and Authorizations ofAmerloan Fire and Casualty Company, The Ohio Casually Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys- indact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -f act, subject to the limitations set forth in their respective
�y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
N executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under
Tthe provisions of this ankle may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
G ARTICLE XIII - Execution of Contracts- SECTION 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
2! and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys- in-fact, as may be necessary to act in behalf of the Company to make, execute,
3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
U respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such Instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such altol'neys -m-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerlcan Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of June 20 16
Nn C43 lV IN,gU �rNSUq NWAUq
�i!c +x v, �p ^9rf rJ�l,nroM;G9Z 41�o�uu¢r �'1'C rc��s PU „n/y, `ti4`
1906 O o 1919 n 191? 3 7991 U By'
Gregory W. Davenport, Assistant Secretary
3ge75gn
.MS _128]3_t22013
23A -16 _
O
v a°
�Lu
�W
EE
�$ M
3�
ILO E
ter
in p
O
0 r C
o
fl
ma
a)
E p?
N
0o 0M
ea
Q ,
H�
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
LIST OF SUB - CONTRACTORS
Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all
subcontract work exceeding the following amount:
• Sweets, highways including bridge projects: '' /z% of the bid or $10,000, whichever is greater
• Buildings, parks, or other projects: '' /7% 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
DIR Reg
Location
Phone
Type Of
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 $
Name
License
DIR Rel
Location
Phone
P Type Of
Amount
Name
License # /Ex,p.
DIR Reg. # /Exp.
License #
Location
Phone
Type Of Work
Amount $
Name _
License #/Ex.p. M
DIR Reg. # /Exp.
License #
Location
Phone
Type Of Work
Amount $
^5e2 Qf,r t MA-maAxz --Q.rNcyA77c,4, LIB
Signature of Bidder
P -8 of P -16
23A -17
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
REFERENCES
The following are the names, addresses, and telephone numbers for TI3REE public agencies for
which the BIDDER. has performed similar work within the past three years.
I.
2.
o�7
Name and
NAZ ONVQ 4 "1 1 - ✓_.
Name and Telephone Number of person familiar with project.
412- MOOD, a»4 ^ CA(Z.. QWMM `r ZAty-\
Contract Amount Type of Work
Name and Address of
oN GoWr"
Date Completed
Name and Telephone Number of person familiar with project.
*411,000 ° Suo" KOGR 5 -13 -Z,ol
Contract Amount "type of Work Date Completed
3. CM-7m,043s — 015 Ar
Name and Address of owner.
Name and Telephone Number of person familiar with project.
tZ5:>,00b — pzow-b'm 8 -b -15"
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.
,41W 80(WAAr MNsyeAtJU -- EBittc S LrfSEat t Mvrua,-- �alsuRaar� C"v%?' JJ
`T50 E) S-VtL r- , Sol-re- 200 SAN DIC6ca, CA. ' lol
C)eow saeurc,r1 A' -7P&A &,coA
P -9 of P -16
23A -18
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER or Subcontractor has performed street improvement work in the past 5 years.
2.
3.
CA'L' RsWS - lD15=4(7- 11
Name and Address of Owner. �y
I eR,,%3,%3AoDo Sll vo, - '1181 Cffar vt41+4 lZprb SAN Die/'Or CA -gVII
-
Contract Amount
Name and Address of owner.
VM!2c dam
Contract Amount
of person familiar with j)roject.
suoeZ4 Ptzo%&AM
type. of Work
M 511J�JRr SurrC q00
of person familiar with project.
SuAlm PQC,f,E°. M
Type of Work
8 -8 -14
Date Completed
4, -tt -IS
Date Completed
Name and Address of owner.
GAP-4 VELI.I50A Sap r4c,9 9 CQP&T GIVAWAJ (!XGAOG19RE, CA, C \Zos1^i
Nan— idnd Telephone Number of person familiar with project.
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.
s P -�t �� Pdtle
P -10 of P -16
23A -19
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 11.2 andPublic Contract Code Section 7106)
in conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bird price of the
BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are
cautioned that making a false certification may subject the certifier to criminal
Signed
State of California
County of
Subscribed and sworn to (or affirnied) before me on this _ day of , 20 by
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me
Notary Public Signature Notary Public Seal
P -1 I of P -16
23A -20
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
Subscribed and sworn to (or affirmed) before me on this 6th
day of June 2016 , by Frank B. Hoffman
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.
(Seal)
Commission # 203 8624
Notary public • California
San Diego County
23A -21
CITY OF SANTA ANA
PROPOSAL
PROJECT NO,: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
NON - DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies
as follows:
The Contractor shall not discr'im'inate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other coniTact or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his /her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation, to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be unposed and remedies involved as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretory of Labor, or as
otherwise provided by law.
P -12 of P -16
23A -22
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
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 miles, 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 works v'iolat'ing this Section is subject to all the penalties imposed for a
violation of the Chapter.
Signed:
Title: CFO
Firm: PeraX f a fuel Ar-s INOtlktildrl, LLC
Date: 6-9-/4
P -13 ofP -16
23A -23
CITY Or SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL, STREET SLURRY SEAL 2015 -16
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 clays shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of
the craft or trade in the area of the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices
in the area or industry affected.
2, Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the
apprenticeslrip standards.
1 Contribute to the fund or fields 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 California Apprenticeship Council.
Signed: -Z3
Title: C. r 0
Firm: /Box—e&!=6 �NnUAnaaa t� G
Date: 6-10-14
P -14 of P -16
23A -24
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
STATEMENT REGARDING "ANTI- KiCKBAC:K" REOtJI REMENTS
The undersigned is submitting this proposal for performing by contract the work required by
these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as
supplemented in the Department of Labor regulations (29 CFR, Part 3), This act provides that
each contractor or subcontractor shall be prohibited from inducing, by any means, any person
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:
Firm: 7rTtpc.sx / { /li7I� ✓FJGS �NNO i 0970I✓, G G
Date:
P -15 ofP -16
23A -25
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 16 -6859
LOCAL STREET SLURRY SEAL 2015 -16
PUBLIC CONTRACT CODE SECTION 10162 DUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete,
under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a
proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space
P -16 of P -16
23A -26
Ji-
ro
ro
z
[L
v
t_
b
2 �
0 Q
�
Q
C7-
J
Y
ti
Z
�J
h
MA
23A -27
23A -28
Exhibit 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT NO. 16 -6859
LOCAL STREET SLURRY SEAL FY 2015 -2016
This CONSTRUCTION CONTRACT is made and entered into this 2 °d day of August, 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 Petrochem Materials Innovation, LLC., hereinafter
referred to as "CONTRACTOR ".
WITNESSETH:
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 LOCAL STREET SLURRY SEAL FY
2015 -2016- Project, hereinafter referred to as the "Work of Improvement" identified in and in
accordance with the Contract Documents prepared by the City's Public Works Agency and
approved by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the
Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• 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 $1,515,876.00 — One Million Five
Hundred Fifteen Thousand Eight Hundred Seventy -Six Dollars and no cents, as set forth and
identified in the BID PROPOSAL, which is attached hereto and incorporated herein as
Exhibit "A."
Exhibit 3
Page 1 of 3
23A -29
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT NO. 16 -6859
LOCAL STREET SLURRY SEAL FY 2015 -2016
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on
approximate quantities only, and the City does not expressly or by implication agree that the
actual amount of work will correspond therewith, but reserves the right to increase or
decrease the amount of any class or portion of the work or to omit portions of the work as
may be deemed necessary or advisable.
4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ")
including commencing construction within the timeframe therein specified after issuance of a
Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on
the Work of Improvement a salary or wage at least equal to the prevailing salary or wage
established for such work as set forth in the wage determinations for this work in accordance
with applicable State and Federal law.
6. 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.
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
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.
8. 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 -30
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT NO. 16 -6859
LOCAL STREET SLURRY SEAL FY 2015 -2016
IN WITNESS WHEREOF, 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
i3I
Jose Sandoval
Chief Assistant City Attorney
CITY OF SANTA ANA:
DAVID CAVAZOS
City Manager
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director, Public Works Agency
CONTRACTOR:
Title:
Page 3 of 3
23A -31
23A -32
COST ANALYSIS
CONSTRUCTION OF THE PROJECT NO. 16 -6859: LOCAL STREET SLURRY
SEAL FY 2015 -2016
Construction Contract
$
1,515,876.00
Contract Administration
$
59,342.00
Inspection and Testing
$
92,852.00
Contingencies
$
181,930.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
1,850,000.00
EXHIBIT 4
23A -33
23A -34