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HomeMy WebLinkAboutPETROCHEM MATERIALS INNOVATION, LLC, Recorded in Official Records, Orange County Recording Requested By, Hugh Nguyen, Clerk-Recorder And When Recorded Mail To: I III I JII`I �Ilfl II III II I II II�I I II� I Ifl II NO FEE Clerk of the Council,City of Santa Ana I I + J 20 Civic Center Plaza,P.O.Box 1988 * $ R 0 0 0 9 0 5 3 6 8 .5 $. * Santa Ana,CA 92702 2017000056902 2:50 pm 02108/17 143 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY 1 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused A construction of LOCAL STREET SLURRY SEAL 2015-2016 under contract entered into on a AUGUST 2, 2016, with PETROCHEM MATERIALS INNOVATION, LLC., on which contract w LIBERTY MUTUAL INSURACE COMPANY is surety. The property on which such work W 0 improvement was placed is in the City of Santa Ana, County of Orange, State of California, and 0U o described as Project No. 16-6859 located at: VARIOUS STREETS. The work improvement on A said property was accepted as completed on DECEMBER 8, 2016. �a 0 W v IT�S )/,A MUNICIPAL CORPORATION by zQ Dated: 1 -2-4- 1-1 Prinei al Ci 1 Engineer-Tyrone Chesanek A �;) rA TITLE 0 p� ------------------------------------------------------------------------------------------- W t� VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on , at Santa Ana, California (Signature of indi idual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST 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, 113; 1C; 1G} I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED AV9 02, 2016 d As Recommended 23A ❑ As Amended ® Ordinance on 181 Reading Ordinance on 2"a 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: Award Contract For Construction of Local Street Slurry Seal FY 2015-2016 August 2, 2016 Page 2 Contractor Participation Data- Santa ata 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. 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 4 (NTS> SANTA ANA io O t - � Exhibit 1 CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 BID PROPOSAL TO: CITY COUNCIL OF TEE CITY OF SANTA ANA FROM: 1tiLty-eJAL5S X0r40VA 0t'4� Ltd. - 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 $ $ //'90 90 F,000,00 2 Cold Mill (2") 42,000 SF $ $ 0,30 l Zy600. ©v 3 AC Pavement v 600 TN $ $ 4 Rt bbenzed Emulsion Aggregate Slurry 2,400 TN $ $ (REAS), Type 11 543.11 1,3031 W°4, o 5 Adjust Manhole Frame & Cover to 2 EA $ $ Finished Grade f Gi1G p 000 0o 6 Furnish and Install New Water Valve 5 EA $ $ Frame & Cover to Finished Grade 1 l 000,00 3—,/)00,00 7 Temporary ConSh'Lletion Sign 6 EA $ 3.5"5, 0 qL t3 0, o v 8 Crack Sealing 1 LS $ $ 7 7 Doo. ct 7 7 a00, 0 0 9 Protection of Surface Utility Frames & I LS $ $ Covers GG 4�%©, CtCI 22,F4od c7 .Qin - 10 Signing and Striping 1 LS $ $ �� 33F,00 26133 F, UD P-1 ofP-16 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: I6-6859 LOCAL STREET SLURRY SEAL 2015-16 TOTAL BAS BID 0, 0f7 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f 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 (40) working days after the commencement date stated in the Notice to Proceed, whichever occurs earlier. The bidder also proposes to connrnence construction of the Work within ten (10) working days after issuance of a Notice to Proceed, and to continue in a diligent and worlcnran-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 rc tRcrC�1E MA-yeAip L -S TNNoyATioe.l , LL(— Signature of BIDDER Title (2. rO (if an individual, so state. If a firm or co -partnership, state the firm name and give tine 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-2 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-I6 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or 'BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a hid 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. y t Name of Firm T1zocC Em pY1pa�AL-s NNodp rloN L.Lx— Signature of BIDDER 1'-Z14A_ Title 0, -Fo , (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-3 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 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 Department of Industrial Relations (DIR), and that the following is hue and correct. Contractor's Name: P c_yheyx ftko v R.aAIS J-} OVAa70r1 , LLG Business Address: Gal (a 8 ..CNNoVP g0tJ WNJ Q.Af-a.SWc® , C1 -CMO0V Business E -Mail Address: �0e\K. @. Pnr kechrno laq t_CDY-n Telephone: Cita) (003-O` to l [ State Contractor's License No. and Class: 991224 C.3?. License Expiration Date: 03 / 31' 2,C.>1S _ State Dept. of Industrial Relations (DIR) Registration No.: t C000 I I Zug State Dept. of Industrial Relations (DIR) I Registration ExLration Date: ol. 130' '-0I G. Signed: Title: C.rD• P-4 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL, 2015-16 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifics that the foregoing is true and correct. Name of Firm P4F--rplOcp1Ef(-� (Y)ATEk.tAtS 7-4NoJ/MOO, LLC Signature of BIDDER Title 0-4--c. (if an individual, so state) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: ��^^--^" CITY OF SANTA ANA ) {^FA,.5 k" k6F- Fr* j r crA , being duty sworn, deposes and says: %INDIVIDUAL That he/she is the party making the foregoing proposal: PARTNERSHIP That he/she is a member of the co -partnership fon designated us: and who has been and is duly vested with the authority to make and exccute instruments forthe co -partnership by: Who constitute the other members of the co-parl'nership. ❑ CORPORATION That he is of: a coporation which is making the foregoing proposal: O JOINT' VENTURE That he is of. one of the parties making the foregoing proposal as a joint venture, and the h0she has been and is duly vested with the authority to execute insh'umonts 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 contract, for himself or any other person. CFO Signature of Bic cler Subscribed and sworn to before true this (-g day of Signature of officer Administering Oath (Notary Public) P-6 of P-16 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. VICKI NGUUYYE*N+ Commission M 2036624 Notary Pudic . C81110Mi3 San 01epo County M Come. Ell1ras 4 - (Seal) Signature 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 Liberty Mutual InsurancoCompany 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% 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 stun, 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 . BIDDER* Petrochem Materials Innovation, LLC 6168 Innovation Way, Carlsbad, CA 92009 (760) 603-0961 SURETY* 175 Be kBoston, Street, Bosn, Mutual Insurance MA 02116 �\(617) 357-9500 (k Tara BaWAitorney-in-Fact Subscribed and sworn to before me 20— Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 9189 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_W) On June 9, 2016 before me, Minna Huovila, 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ate: WITNESS my hand and official seal. I nnosii fl# 2133 Commies@n fi� 21ss2A5 a :-aa Notary Public - California v z ` son Diego county Comm. Ex iras Dac I. 2019 Signature (3ea1) 7a Q m L THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney fimits 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. 7239831 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty 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 Stale 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 R. 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 it 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 dayof January 1 2016 0-11;11f a (Do STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY American Fire and Casualty Company a The Ohio Casualty Insurance Company H Liberty Mutual Insurance Company c West merican Insurance Company y 9 d By, David M. Care ; -Assistant Secretary y C 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 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 m name and .used my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �yP PASrCOMMONWEALTH OF PENNSYLVANIA y. eVo.w� !� Notarial Seat tiw u° rs v Taros. Podell., Notary PW licBy: ... ..._ nF Plymouth Twp., Montgomery Caunty Teresa Pastella, Notary Public My Commission Expires March 2a, 2017 Member, Pennsylvania Assoclatlm, of Natanes a This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizat[ons of American Fire and Casualty Company, The Ohio Casualty 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 -Fact, subject to the limitations set forth in their respective 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 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 -fend under the provisions of this adide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 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, and subject to such limitations as the chairman or the president may prescribe, shall appoint such afforneys-infect, as may be necessary to act in behalf of the Company to make, execute, 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 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 seat office 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 attorneys -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. Authorizatlon - By unanimous consent of the Company's Board of Directors, the Company consents that face] mile 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, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby sanity, (hat 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 frill 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�9t _ dayof NII CAs �rY INp'r� ,NSUq g1N1Uq Ea >'N• cy liN J� moony Rl, tidy yNerWre i, GN , �t%rtr4ry�. 4' aD (� y � •b �^ v �' o n ip do u � F � 790G o a 1919 � = 1977 i 1991 ,� `r'n,',uxe�"2>° ori �M'+�.,wn�`"s�D �''yx"anoxn�'b'�V �'� 'x,,,.n v b • yl s *� + w LMS_12613_122013 20 16 By: Gregory W. Davenport, Assistant Secretary 13001500 = O v� yW EE O a Vm O� 3W OE L _Np d w� w O C J+' d �A N,q Ycq c ci ` M rc , Oa Gr CITY OF SANTA ANA PROPOSAL PROJECT NO.: 1.6-6859 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: o Streets, highways including bridge prgjects: ''/i% of the bid or $10,000, whichever is greater a Buildings, parks, or other prgjects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name lyq License 9/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 7c, Name License DIR Reg Location -j Phone -t-�— / ��n I Type Of rr ra./i . 10 t-) Amount Name License #/Exp. Dll2 Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone "type Of Work Amount $ Name License #IBxp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ , cD m aaats-Qvv®vAncwl, L -C Signature of Bidder P-8 of P-16 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 THREE public agencies for which the BIDDER has performed similar work within the past three years. I. CrTJ of las X+oe�.P-s - Bof-EAU oP STRQ0s 5,..10,5 Name and Address of Owner. Name and Telephone Number of person familiar with project. 412^17pC)o,00oCo / VeAfL !BWM4-YK'zp•rv+ aN Gotrar, Contract Amount Type of Work Date Completed 2. CATr;G=A. - C.,'rw G8700 AVFjjiisA LA10 Name and Address of owner. %Jorzc jr LoPEZ - E.k*imFTRjrjG ()ms)oN (no) " Name and Telephone Number of person familiar with project. '4411,000 SLO"4 P2o6P..Arv+ Contract Amount'type of Work and Address of owner. Name anti Telephone Number of person familiar with project. 5-a /3 -7-0)61 Date Completed -LI0 3 Z392— *z5c�,000 titr>ia pww&m ^1S 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, 70lu) 80u) pt MAsue JC -S a@P-s11GcS i 1 tf� aTY (V1vruar �iFauieAacE C AmE3 y 75o s?„ Saiger, , So r r e 2-00. N b le6o , CA . %101 I E� SAP-L'Iord 4 °TA%A &COA P-9 of P-16 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. " C"ALCIu�rS - 1�.rsmuc r Il Name and Address of Owner. "(181 0 SPN DleW, CA. Q2.111 Name and Telephone Number of person familiar with i3roject. Contract Amount Typo of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. -5cxo'aco " WDGZP�^ 6 -(1 r t S Contract Amount Type of Work Date Completed Name and Address of owner. GAam y.E.u_tScara 3co hlnM COAT l4164ww� Ce-P-AOS%DE, CA. CZ.OSQ Name and Telephone Number of person familiar with 'project. 1,0M,coo SLOP -P 'z6eAM 1C 29- 1q. 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. SES P-ct Qr e - yl P-10 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 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, cornmunication, 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 merriber or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is pail of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20__, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P -I 1 of P-16 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 , 20 1.6 , by Frank B. Hoffman proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. VICKI NGUYEN Commission # 2039824 jh`+, Notary public - California z San oisgo county M Comm. Ek Ires Au 24, 2097 (Seal) Signature t 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: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor anion 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, 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 per ait 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 Secretary of Labor, or as otherwise provided by law. P-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 7. The Contractor sliall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because o£ race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: L� Title: n Firm: PkerR C-9 M In.47V(1aAt S-VAWoV477ahr LLC Date: P-13 of P-16 CITY OF 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 days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the crat 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 fiords 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: �I Title:to p . Firm: J �T2ocwn 111 /k lCd�ts NaUelrloM C t C _ Date: P- 14 of P- 16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS 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: n Firm: /E7Plt7chwm 1))4iggl4a�vvolLWor/, L.L.G. Date: P-15 of P- 16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or othenvise prevented fi-ora 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 v N 0 vo Y � ,9 J t� �J J 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 22nd 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 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 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 SONIA R. CARVALHO City Attorney m 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: Page 3 of 3 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 THE REGISTER This space for flung stamp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 CNS#: 2884614 No7ICB INVITING 0109 PROOF OF PUBLICATION (2015.5 C.C.P.) ""'sieAr: zi ¢ oort( State of Callfornla Sc ) moopval.&.frepwiac County of ORANGE ) ss f shall' .nor. slurry, olr seal, Notice Type: BID - NOTICE INVITING BIDS mrirtobid opening, Bidders s Ad Description: Local Street Slurry Seal FY 15-16 I am a citizen of the United States and a resident of the State of California; I am 1 motion Ln. at 714 647--5680 over the age of eighteen years, and not a party to or interested in the above for hours, instructions and availability of CDs. entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of This pr.ject Is subject t. oomplto odmpnforing an SANTA ANA, county of ORANGE, and adjudged a newspaper of general enforcement=by tn. stons of amo5ec- circulation as defined by the laws of the State of California by the Superior dnstrriiali Rel. Dona, ora Court of the County of ORANGE, State of California, under date 11/19/1905, tion T771,A.a1 n canteater or subcontractor, net be Case No. A21046. That the notice, of which the annexed is a printed copy, has registered it, the Depaa- been published in each regular and entire Issue of said newspaper and not in ment of Inaustnal .stations .poor to submitting a bid. , any supplement thereof on the following dates, to -wit: In ....opera'. with the prlrvn alone ofthe California Leber Code, prevailing ;wage rates 5%24Y6/3t/tE 05/24/2016,05/31/2016 Executed on: 05/31/2016 At SANTA ANA ,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct. II I I I II II II I II II IIII I II II I II I I II I II * A 0 0 0 0 0 4 1 0 8 3 5 0 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II IIIIIII II IIIIIIIIIII�IIIIIIIIIII IIII NO FE *$ R 0 0 0 8 4 4 4 0 6$ 201685000625 8:27 am 06/14/16 92 OR02 Z01 0.00 50.00 0,00 0.00 0.00 0,00 0.00 0.00 MAYOR 3 201 JUN 9 l CITY MANAGER Miguel A. Pulido (714) 667.2700 • Fax (714) 973-1461 David Cavazos MAYOR PRO TEM CITY ATTORNEY Vicente Sarmiento Sonia R. Carvalho COUNCIL MEMBERS CLERK OF THE COUNCIL Angelica Amezcua 0Michele Maria D. Huizar P. David Benavides Martinez Roman A Reyna FILED SolTinaiero CITY OF SANTA ANA PLANNING20 Civicc Center LPlaza (M-20)DING CY 3 201 JUN 9 l P.O. BOX 1988. Santa Ana, California 92702 (714) 667.2700 • Fax (714) 973-1461 .., <-D4rvTv CLERM-RECORDER DEPARTMENT www.santa-ana.org NOTICE OF EXEMPTION -_.__..__-- DEPUTY - From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Local Street Slurry Seal 15/16 16-6859 Date of Approval: 08/02/2016 4 Project Number(s): PWA -2016 -728 -CITY & Project Location: 1 CityWide (Partial) a v City: Santa Ana County: Orange ER Number: ER -2016-74 Project Description: Work includes applying slurry seal material to surface of roadway. Applicant Name: Kenny Nguyen, City of Santa Ana Public Works Agency Applicant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Nguyen, Kenny Exempt Status: ❑ Ministerial (Sec. 15268) © Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) E3 General Rule (Sec. 15061(b)(3)/(5)) 11Statutory Exemption: 0 Categorical Exemption: 15301(c) Reason(s) Why Project is Exempt From CEQA: 15301(c) consists of maintenance of existing streets. HUGH NGUYENN,CCL�ERK•RECORDER DEPUTY City Contact: Kenny2. �r�Nguyen Telephone: (714) 647-563 Signature: � 7;i/Title; . '�-' C A_____ Date: i /71 ('/2 SANTA ANA CITY COUNCIL Miguel A. Put do Vincente Sarmiento Michele Martinez Angelica Amezcua P. David Benavides Roman Rayne Sal Tinnjaro Mayor Mayor Pro Tem, Ward 1 Ward Ward Ward Ward Ward MPulido(ftanla-anaora VSarmle toOsama-anaora MMart'nezOanoi a ga,=AAmezcra0santa-ana nra - a.or RRevna0santa-anaora STinajero sante-amara NUG 3 i 2016 Gmd4d OQ 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 Petrochern 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." Page 1 of 3 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. H Page 2 of 3 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: MA IA D. HUIZAR Clerk of the Council APPROVED AS '0 FORM: SONIA R. CARVALHO City Attorney BY jSando val Chief Assistant City Attorney CITY OF SANTA ANA: <�'l -j '�'/ DAVID AVAZOS City Manager RECOMMENDED FOR APPROVAL: Director, Public Works Agency CONTRACTOR:Petrochen Materials Innovation, LLC Kim Morris Title: Vice President Page 3 of 3 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16-6859 Exhibit A LOCAL STREET SLURRY SEAL 2015-16 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: �iejaem 01lxttc l kL:s NNOV/xt7orl� 1--wL 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 $ $ �/00, c?o t7Ot7. p0 2 Cold Mill (2") 42,000 SF $ $ l7, 30 12 600, 00 3 AC Pavement 600 TN $ $ p 0 '00 S-0 vqa 470 4 Rubberized Emulsion Aggregate Slurry 2,400 TN $ $ (REAS), Type 11 543.11 1,303,wt, oc 5 Adjust Manhole Frame &Cover to 2 EA $ $ Finished Grade ODD. 00 ZZ 000 prJ 6 Furnish and Install New Water Valve 5 EA $ $ Frame & Cover to Finished Grade 000.047 r' 000, OCl 7 Temporary Construction Sign 6 EA $ $ 73 Ts" U 6 2' 130, 0v 8 Crack Sealing I LS $ $ �7000. ot 7700a00 9 Protection of Surface Utility Frames & 1 LS $ $ Covers 2 g Fee, 00 2,5 qd 0, 00 10 Signing and Striping I LS $ $ Z 6 33P 0v Z6 33 S, 0o P-1 of P-16 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 TOTALBASEIIID1 l,X15- ?74 o OC) 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. 'rhe actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. 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 (40) working days after the commencement date stated in the Notice to Proceed, whichever occurs earlier. The bidder also proposes to commence construction of the Work within ten (10) working dates 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 ?rc--=G""N`'E``1'�rt qq la�Y/�)1.,,8//cJJeA%P -s -1'lJNoyAmo , LL -C, Signature of BIDDER_1�"`� Title C. P - 0 , (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-2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EIKoCNEeh MLV*41ALS ='NNpVA-00t4) 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 $ $ 4100, 00 F 000, oe) 2 Cold Mill (2") 42,000 SF $ $ 0,30 12 6e)p, ora 3 AC Pavement 600 IN $ $ Pt, t, 00 .S D OC). 00 4 Rubberized Emulsion Aggregate Slurry 2,400 IN $ $ (REAS), Type 11 51{3.11 1,303, (0*, 5 Adjust Manhole Frame & Cover to 2 EA $ $ Finished Grade /,000,001 6100„ 00 6 Furnish and Install New Water Valve 5 EA $ $ Frame & Cover to Finished Grade l 1)00,0v j UOC), 00 7 Temporary Construction Sign 6 EA $ $ 355, 0t 2,1 d 30, c)v 8 Crack Sealing 1 LS $ $ 7 % ©OU. it 7 % ago, o 0 9 Protection of Surface Utility Frames & 1 LS $ $ Covers 2.8$DD, oo 10 Signing and Striping 1 LS $ $ z6 3 3 Z o 26 33 F, 00 P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 TOTAL BASE BID $ �' �; F'76. 00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. 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 (40) working days after the commencement date stated in the Notice to Proceed, whichever occurs earlier. The bidder also proposes to commence 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 ?c--7 "E n myeaip," --DNNoyPrnom , LL( - Signature of BIDDER Title C.1-0. (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-2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDE'R'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 VE—W-OCIAEM MArA,RjP.S MNNW.&MON, L -LC - Signature of BIDDER Title C •f • o , (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-3 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 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 Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: RT12.pC4\E'M 'MarMAt s 1n OVA'r10nj , LLC Business Address: fol (o o =NNoVA71ON CA(LL.$BAD , CA .92009 Business E -Mail Address: Telephone: (-7c o) 4,03-01(o I State Contractor's License No. and Class: 9q 1 274 A. i C.32— License Expiration Date: 03 1311 2f)V6 State Dept. of Industrial Relations (DIR) Registration No.: t woo ZOB State Dept. of Industrial Relations (DIR) Registration Expiration Date: Ob l3dl 20110 Signed: Title: c • r a P-4 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct NameofFirm Mgtz2.iAu '-rwo,/ATlurl, LLC Signature of BIDDER Title C. F -O. (if an individual, so state) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) F&,o K f-6FF;r ,uj , , being duly sworn, deposes and says: INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ❑ CORPORATION That he is of: a. corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties marring 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 propose�ct, for himself or any other person. testi, L' Ftp Signature of Bidder Subscribed and sworn to before me this day of ✓ 20 lb Signature of officer Administering Oath (Notary Public) P-6 of P-16 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 , 20 16 , by Frank B. Hoffman proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. VICKI NGUYEN` Commission # 2038824 Notary Public - California > $an.Diego County M Comm. E ires Aut 24 2017+ (Seal) Signature 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: o Streets, highways including bridge projects: ''/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the (inns listed below: Name ! T e3 ��/ S ��A� r7csr Name C n ,� Cu s License #/Exp. /Z-3/_/7 License#/Exp. $"'•3/—/7 DIR Reg. #/Exp./ F/ f.Ja C)e)()ab7l, /(°�'17 DIR Reg. #/Exp. QQ — 3 o—/'j Location Sr n 4---) q rt r4 Location y I,A4 Phone -7 > z1) �/�/a �k—/ Phone (JL4 6q) 7�/4 p 3 Type Of WorkA-i%�� 12 Let y, Gsz;c ,j'��t ( Type Of Work - •r^' ;A Amount $ / g $�{ � /p p «� p y Amount $ 2 (/ 4217 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ RFMF 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 #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ /��2 cl�-O -�y& QeTtacakleK n1A-rx,RaEus Zj.,Novppo,d, LLC Signature of Bidder P-8 of P-16 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 THREE public agencies for which the BIDDER has performed similar work within the past three years. CITY of Los Awee%.es 8,jr- 'Av of sxaja T Se2u1ces Name and Address of Owner. NAZAa.I o SAdceAA - 1>1RE-CM(. (213) 84-7-3B33 Name and Telephone Number of person familiar with project. 412-17.pO WO4 EAR• SWM4 K06tAM ON GOIrJ6 Contract Amount Type of Work Date Completed 2. C:ATAEORA%- CIT4 G6700 AVE#JIoA L.A6 Gug¢aEa.A CAT3IEARAL Cm,CA. Name and Address of owner. yleleE�-+r LoPEZ - ENC,Ies prinlE, D1JIsrow i76o) -7.78-0349 Name and Telephone Number of person familiar with project. 4 41l,000 SLQUPQ0C.P-P4-A S^/3 -Zolfo Contract Amount Type of Work Date Completed `ALTftZO-s - Dismcx 8 Mol3 MMUP0sA P.oAo VI«ro"lUZ , CA • 92392 Name and Address of owner. Gro, (7-ATwFF - AREA SUPER (%o) 95t ^-4-n F3 Name and Telephone Number of person familiar with project. *Z.5C�,000 — PP.sOc_4* - 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. )olV'J .60R.WAa ^ •1'NsueAQC-q- SI"Ices S L1aey-T4 f "'A't rr-4SURA'.1CrL Comfl�.,J 750 -9) ST2.ge'r, so ITE. 2-400 SAN DIE60, CA. ZIC)) Geow S14euTot4 4 'T'aa a &400 P-9 of P-16 CITY OF SANTA ANA PROPOSAL PROTECT 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. CA,LTRcarS - �Imz+CT II Name and Address of Owner. ?181 a SaN Drew, Name and Telephone Number of person familiar with project. 250,000"- §!:Lw -2+ Q2naveam 8'8-14 Contract Amount Ifype of Work Date Completed Name owner. �r Surre U Name and Telephone Number of person familiar with project. 15'e 00M _ SwQeoGmm Contract Amount Type of Work 3. GlT![ UF- ©ceANSiae Name and Address of owner. C.A. 93301 Date Completed Name dnd Telephone Number of person familiar with project. I,Oon,000 SLOP GRArn 10-24-1`i 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. se. P -`i of e-l(� P-10 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 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 bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shale 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 affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the persons) who appeared before me S d Notary Public Signature Notary Public Seal P-11 of P-16 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. Commission S 2038624 Notary Public - California San Diego County (Seal) Signature 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: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fornis of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-cornpliance 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 involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: CFO Firm: loeM 04Em / .4TE44_s -1;W607-76,4, Ll -G Date: 6-9-/4 P-13 of P-16 CITE' OF 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 days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the sante manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed:' Title: Firm: P4000Em /yl Ads L-VR0 "WJ' L -LC' Date: to • lD -& P-14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person 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: L�.,�,.Pi+ /4 '/�i^---- Title: cl b Firm: TET/Z uA m 9AjzFg4&s SNNod A?7on/, LLL Date: (0-/0 P-15 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6859 LOCAL STREET SLURRY SEAL 2015-16 KNOW ALL PRESENT that, Petrochem Materials Innovation, LLC as BIDDER, and Liberty 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% 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 12016 . BIDDER* Petrochem Materials Innovation, LLC 6166 Innovation Way, Carlsbad, CA 92009 (760) 603-0961 Liberty Mutual Insurance Company SURETY* 175 Berkelev Street. Boston. MA 02116 Subscribed and sworn to before me this day of , 20_ 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. P-7 of P-16 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 June 9, 2016 before me, Minna Huovila, 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. WITNESS my hand and official seal. AoHUU sinVILA 2.133245 mCoNIN Notary Public • California Z San Diego County j My Comm. Ex ims Dec 6, 2619 Signature , �r `2 2 (Seal) THIS POKIER 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. 7239831 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State 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 Slate of Indiana (hereincollectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bradley R. Orr; Dale G. Harshaw• Geoffrey Sir lton,:John R Oualin- 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 suretyand as its act and deed, any and all undertakings, bonds, recogmzances 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 lath day of January 2016 0(0(00 tv Imsr,„rNsuk ” NwsuqAmerican Fire and Casualty Company v°�r�2nsw r o�rF 01u�rnThe Ohio Casually Insurance Company ^'a .x. oLiberty Mutual Insurance Company 7979 n,. 19121991� ow� 1 ���_West merican Insurance Company y1`lixnmrsa`hv�> �r cau5� F`' Mo,n r t * * * By. STATE OF PENNSYLVANIA ss David M, Carey; Assistant Secretary COUNTY OF MONTGOMERY 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 Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American 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 my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �gP ppST� COMMONWEALTH PENNSYLVANIA /f^2 4. ep+oawEo !! Notarial Seal /. v Teresa Pastella, Notary Public By; OF r',,"mouth Twp., Montgomery County Teresa Pastella, Notary Public Commission Expires March 28, 2017 Momber, Pennsylvania Assoclation or Notenes This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty 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 off !car 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 -in -fact, 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, reeognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instrumentsand to attach thereto the seal of the Corporation. When so 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 the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 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,. 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, reeognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their 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 ofthe rCompany, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys -In - 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, reeognizances and other surety obligations. Authorization — By unanimous consent of the Companys Board of Directors, the Companyconsents that facsimileor mechanically reproduced: signature of any assistant secretary of the Company, wherever appearing upon a call 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, of American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do hereby catty that the original power of attorney of which the foregoing Js 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 p`✓ �� MSGH! aA��ernegS�'''q ,VJP'apvuxgRq'4 G2N vnNURq'v(` e," g eo `i2 "o Zr, o yV, 4n tma; Q, ,n � 1906 a 0 %910 n 1912 n 1991 ° BY: S `s 3°. a;.. ADD Gregory W, Davenport, Assistant Secretary tam e W�y„� as'2`e`AV� V' �'hmne+x`vJ.' mT4 m�� T � ro,nrvw �'' b * A tid * s�' * * 130 of 500 LMS_12873_122013 D 2 � Q � i