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20B - AA - SANTIAGO BIKE TRAIL
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AWARD CONTRACT TO NPG, INC., FOR CONSTRUCTION OF SANTIAGO BIKE TRAIL RESURFACING FROM MAIN PLACE MALL TO EAST CITY LIMITS (PROJECT 162667) {STRATEGIC PLAN NO. 6, 1C} CITY MANAGEFV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment for Fiscal Year 2016-17 to recognize $17,266 from prior year fund balance and appropriate the same amount into the Residential Acquisition and Development District 2 fund. 2. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract to NPG, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1 and 5, in the total amount of $66,472, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santiago Bike Trail Resurfacing project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $79,766, which includes the contract base, Additive Alternates 1 and 5, administration, inspection, testing, and a $6,647 contingency. DISCUSSION This project consists of resurfacing the Santiago Bike Trail from California State Route 22 to Main Place Mall (Exhibit 1). The scope of work includes surface preparation, crack seal, slurry seal, replacing damaged asphalt concrete sections, installing redwood headers, signage, and striping. Once completed, these improvements will improve ride quality and enhance safety for pedestrians and bicyclists. A Notice Inviting Bids was advertised on August 16 and 21, 2016, and bids were opened on September 1, 2016. The following is a summary of the bid invitations made and the bids received: 20B-1 Award Contract for Santiago Bike Trail Resurfacing November 15, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 6 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID BID + Alternates 1 & 5 1 NPG, Inc. Perris $51,292.00 $66,472.00 2 TEJI Construction, Inc. Corona $70,975.00 $76,620.50 Two bids were received and both are considered responsive. NPG, Inc., submitted the lowest responsive bid in the amount of $51,292 (Exhibit 2). This bid amount is comparable to the engineer's estimate of $45,500. Since the bid for Additive Alternates 1 and 5 provides good value to the City and there are sufficient funds available, staff recommends including Additive Alternates 1 and 5, in the sum amount of $15,180, in the construction contract. Therefore, staff recommends awarding a construction contract to NPG, Inc., in the amount of $66,472, which includes the base bid plus Additive Alternates 1 and 5 (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 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016-99 was filed for these projects. 20B-2 Award Contract for Santiago Bike Trail Resurfacing November 15, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $79,766, which includes construction, contract administration, inspection, testing, surveying, and contingencies. $62,500 is available in the Council Special Projects Fund (Account No. 05013018- 66220, Project 162667). Upon approval of the recommended appropriation adjustment, $17,266 will be recognized from the Residential Acquisition & Development District 2 prior year fund balance (Account No. 31213002-50001) and appropriated to the Residential Acquisition & Development District 2 expenditure account for Improvements other than Building (Account No. 31213260-66220). All funds will be available for expenditure in Fiscal Year 2016-17. / 1A Pred Mous vi o Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FM/EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Director Finance & Management Services Agency r�- LA VETA 22 TOWN & COUNTRY a MAIN PLACE SANTA ANA .._.. _.._.._.. — �.._...... MflMORY LN a 0 m r PROJECT a o EOGEW000 LOCATION m a 0 m ,RA LOCATION MAP -"-"- CITY OF SANTA ANA LIMITS SANTA ANA CITY COUNCIL fn Al A AGENDA DATE: PWA November 15, 2C c .ws .aener EXHIBIT 1 PROJECT 16-2667 SANTIAGO BIKE TRAIL RESURFACING r1- PAGE 1 OF 1 rI- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE BID PROPO AL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: NPG, Inc. REQUIREMENT: EXHIBIT 2 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 farnish 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: SANTIAGO BrKE TRAIL BASE BID: Item Description Quantity Unit Unit Price Amount 1 Mobilization/ Demobilization (No more 1 LS $ 2,442,00 $ 2,442.00 than 5% total bid) *2 Unclassified Excavation 5 CY $ 546.00 $ 2,730.00 *3 AC Pavement 10 TN $ $ 1,353.00 13,530.00 *4 Emulsion: Aggregate Slurry Seal (Tyl)e II) 28 EI,T $ $ 896.00 25,088.00 5 Advertising Constracdou Signs 2 EA 1,353,00 2,706.00 Root Shave 2 w EA $ 1,378.00 $ 2,756.00 E*6 47 Craelc Sealing 500 LF $ $ 4.08 2,040.00 TOTAL BASE BID $ 51,292.00 ADD ALTERNATE ONE BID: *8 Signing and Striping (WatorbasadPalnt) 1 LS 13,524.00 13,524.00 P-1 ofP-17 20B-7 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 16-2667 SANTIAGO BICE TRAIL RESURFACING ADDENDUM ONE TOTAL ADD ALTERNATE ONE BID $ 13,524,00 Ann AT ATRNATF. TWh RM. Item Description Quantity U'nit Liriit Fri e Alrieunt *9 $1@imij and Sk'iping (Tienno171N9t1e) LS $ I9,044.00 $ 19,044.00 TOTAL ADD ALTERNATE TWO BID $ = 19,044,00 ADD ALTERNATE THREE BID: tU Concrete (PCC) Sidewalk ('1'=4") 24.85 1 11,928.00 TOTAL ADD ALTERNATE THREE BID $ 11,928.00 -^ ADD ALTERNATE FOUR BID: 711ACPaveinenl Redwood, Header (As Needed) 12�--TTNN�l LF $ � 11.04 $ 1� 1,656.00 .90' 29,148.00 TOTAL ADD ALTERNATE I OUR BID $ 29,148.00 ADD ALTERNATE FIVE BID: TOTAL ADD ALTERNATE FIVE4 BID ' $ 1,656.00 1 P-2 of P-17 20B-8 Redwood, Header (As Needed) 15p LF $ � 11.04 $ 1� 1,656.00 TOTAL ADD ALTERNATE FIVE4 BID ' $ 1,656.00 1 P-2 of P-17 20B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE 'TOTAL ADD ALTERNATE ONE BID S 13,524.00 TOTAL ADD ALTERNATE TWO BID $ 19,044.00 TOTAL ADD ALTERNATE THREE BID $ 11,925.00 TOTAL ADD ALTERNATE FOUR BID $ 29,148.00 TOTAL ADD ALTERNATE FIVE BID $ 1,656.00 TOTAL BASE BID $ 51,292.00 The lowest responsible bidder shall be selected based on the BASE BID Amount, 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 bill item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly, TIME FOR COMPLETIUN OF IMPROVEMEN'F5 AND LIOUIDAI'ED DAMAGES The undersigned bidder hereby proposcs to complete the Work for the total base bid amount shown above, within Thirty-five 35) working clays after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) days after issuance of it Notice to Proceed, and to continue in a diligent and workman -like nianner without interruption, said to complete the construction thereof within the time specified above. The liquidated damages amount, i isu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be . ,0 per calendar clay. ?lame of Firm NPG, Inc. Signature of BIDDER Title Jeff Nelson, Proident (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 lire firm. If a corporation, state, legal name of corporation, and names of President, Secreta y, Treasurer and Manager, thereof.) NPG, Inc. - Corporation Jeff Nelson, President P-3 ofP-17 Sharon Nelson, CPO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 Servicc 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 fumish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said finds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of competing 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 trader penalty of perjury that the foregoing is true and correct. Name of Firm NPG, Inc, Signature of BIDDER Title Jeff Nelson, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, fhoroof) P-4 of P-17 20B-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California _ )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside _ �) accuracy, or validity of that document. Onbefore me, Carol Marie Stone Notary Public, persanally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the persan(i� whose names) is/are subscribeTto the within instrument and acknowledged to me that he/she/tln" executed the same in his/heNtheis authorized capacity()es} and that by his/-her/their signature(s) on the instrument the personM, 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 sal. CAROL MARIE STONE Notary Public - California Signature Riverside County 4Caoarie Stone NNotary Pu lic Commission * 2154151 emycomm'Ex ires Ma 22, 2020+ This area for official notarial seal, OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to documents. INDIVIDUAL El CORPORATE OFFICERS) TITLE(S) C] PARTNER(S) ❑ LIMITED C] ATTORNEY-IN-FACT [� TRUSTEE(S) GUARDIAN/CONSERVATOR [� OTHER Manager SIGNER IS REPRES ING: or entity, Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:I& MOMyrr- NUMBER OF PAGES N/A _ DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 20B-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING CONTRACTOR'S LICENSING AND ATIONSTATI�UaNT TATI�il The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors aro registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: NPG, Inc. Business Address: PO Box 1515, Perris, CA 92572 Business E -Mail Address: cstone@npgasphalt.com Telephone: (951) 940-0200 State Contractor's License No, and Class: A, B, C-12; 664779 License Expiration Date; 2/28/17 State Dept, of Industrial Relations (DIR) Reg stration No.: 1000002457 State Dept, o£ Industria a tions (DIR) 6/30/17 k�egistration Expiration at ; Signed: Title: Jel'f'Nelson, President P-5 of P-17 20B-12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California_ )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef4he# authorized capacity(ie , and that by his/-#er/their signature(s) on the instrument the person(, or the entity upon behalf of which the persons) 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 han and official seal. CAROL MARIE STONE [ Signature _ Notary Putlic * Calllornla 11 11 Carol Marie Stone *Notary Public 3 Commission Riverside County 412154181 + My Comm. Expires May 22, 2028 r a r ca n t ra s a. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER r Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to pers mg on the documents. ❑ INDIVIDUAL [] CORPORATE OFFICER(S) PARTNER(S) ❑ �) ATTORNEY-IN-FACT [_] TRUSTEE(S) E] GUARDIAN/CONSERVAT [] OTHER Manpger SIGNER IS or Entity TITLES) LIMITED Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT 20B-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16-2667 SANTIAGO BIDE TRAIL RESURFACING 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 $, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Finn NPG, Inc. Signature of BIDDER Title ;etf Nelso. (if an individual, so P-6 of P-17 20B-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Riverside ) 8� - - 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. On ID � �7 before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{i ,, and that by his/ her#heir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) 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, CAROL. MARIE STONE Signature /// (� Notary RPublic • California - �-�" � �%My ivereitle County Carol Marie Stone * Notary Public Commisalon V 2154101 Comm. Expires May 22, 2020 t This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons documents. INDIVIDUAL (� CORPORATE OFFICERS) TITLES) [� PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER Manager SIGNER IS REP TING: ame of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A SIGNERS) OTHER THAN NAMED ABOVE N/A 20B-15 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING OWNERSI3IP AFFIDAVIT STATE OP CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OFS,WAR0r04h' Perris ) _ teff Nelson , being duly sworn, deposes and says: ❑ INDIV.n7UAL That he/she is the party making the foregoing proposal: El PARTNERSHIP That ho/she is a member of the co -partnership Inn designated q5.- . and who has been and is duly veVl vo'rtri the authority to make and execute for the co -partnership by:._—.- �,,/ AvIT6 constitute the other members of the copartnership. u CORPORATION That be is of: NPGJ Inc._ _`_ a corporation which is making the foregoing proposal: JOINT VENTURE That lie is of. one of the parties making the R been and is duly vested withthe parties making said bid Nyhoxire" a isal—A a joint venture, and the he/she has execute intrainonts for an on behalf of the that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusigt to secure any adva against the City of Santa Ana or any person interested in the pro,00 contr t, for li. n f or any other person. Sign of B' r Jeff Nelson, President soti% Subscribed and sworn to before me this of 20 Signature of officer Administering Oath (N ary Public) P-7 of P-17 20B-16 Jurat A notary public or other officer completing this State of California certificate verifies only the identity of the Individual who signed the document to which this County of Riverside ss certificate Is attached, and not the truthfulness, accuracv. or validity of that document. Subscribed and sworn to (or affirmed) before me on this - q day of G X11 q , by Day J Month Year Jeff S. Nelson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my Band and officlal seal. Nmm;r liddlo SiArzrnrre -Cnml Alnrlu.Srnu¢ For: 20B-17 CAROL MANRIL STONE Notary Public • California iYAnOpApuray z0MY Commission # 2154161 ^Co — Expires May 22, 2026 1 CITY OFSANTA ANA BOND PREMIUM: N1i, PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING BID BOND KNOW ALL PRESENT that, NPC INC _ as BIDDER, and DEVELOPERS SURETY AND.. INDEMNITY COMPANY _ , as SURE'T'Y, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($__ 10I __), 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 Kin s, and seal this 30TH day of _ AUGUST, , 2016. BIDDER* NPG, INC. _ BY:_____ 1354 JET WAY PERRIS, CA 92572 Neff$. elson President _ (951) 94(T0200 500 S. KRAEMER BLVD., SUITE 300 CHARLES tr FLAKE, ATTORNEY-IN-FACT BREA, CA 92821 714) 784=5660 Subscribed and swonr to before me _ , 20_, Signature: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD., SUITE 201 ANAHEIM, CA 92807 (714) 921-0530 CHARLES L. FLAKE, PRESIDENT P-8 of P-17 I+ 1 this day of number and the name, title, Jurat A notary public or other officer completing this State of California certificate verifies only the identity of the individual who signed the docurnent to which this County of Riverside SS certificate is attached, and not the truthfulness, accuracv, or validity of that document. Subscribed and sworn to (or affirmed) before me on this 3 S�'day of 11.4 , by Day Month Year to me on the basis of satisfactory evidence to be the person( who appeared before me. WITNESS my hand and official seal. namrr r�ddi��s�x,�,,,,.o -cmotna,,.m crone For:.. 20B-19 CAROL MARIE STONE C Notary Public • California Riverside County z _*,Mz Corounlsstoa.*21541O1 Comm. Ex 9Ines May 22, 2020 proved CALIFORNIA JURAT WITH AFFIANT STATEMENT N See Attached Document (Notary to cross out lines 1--6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No, 1 State of California County of ORANGE L.EXIE SHERWOOD COMM. # 2031782 F, NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2017 -v-vrv-+rv"v-vawv-ro^v�v^r Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 30TH day of AUGUST, 2016 , by Date Month Year (1) CHARLES L. FLAKE Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) ✓ �✓ - Name of Signer proved to me on the basis of satisfactory evidence to be the person who ppeared of re me.) Signature Gt Signal ra of NoteryPublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Further Description of Any Attached Document title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUM in 'INT OF SIGNER q1 OF SIGNER k2 02007 Natlonal Notary Association, 9350 Do Soto Ave.,P.O. Box 2402•Chalsworlh, CA 9131&240P•wwa.Nallona1No1ary.org Itemk5910 Reorder Call Tol6Free UE004176-6827 2U✓ -20 POWER OF ATTDRNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 18125, IRVINE, CA 9292' (048) 2033300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SUREIYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, oonstitule and appoint: - `*"Jen Moran, David L, Culbertson, Charles L. Flake,, Richard A. Coon, Lexle Sherwood, Spencer Flake. Jointly or severally"' as their true and lawful Adornoy(a)-In-Feet, to ranks, execute, deliver and acknowledge. lot and on behalf of said corporations, as suratlee, bonds, wrloi nerngsand contracts of surety• ship giving and granting unto add A9orney(s)-0mFacl full power and authority to do and to pollorm every act necessary, mqulelte or proper to be done In connection therewith as each of said corporations could do, but reserving to each of send corporations PoII power of sulanholloa and revocation, and all of the sets of Bald Attornoy(e)-in-FoA purouant to mese pro toato, are hereby stifled earl confirmed. This Power afAhorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Oireanes of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, eAoclVe as of January let, 2000. RESOLVED, that a combinedon of any Nva of the Cbsirman of the Board, the President 6xeoutive Vice -President Senior Vice-president or any Vice President of the corpors gone be, and Val each of them hereby is, Waddled to execute this Power of Attorney, qualifying Ino odonrl named In the Power of Attorney to execute, on behalf at the oorporalions, bends, undertakings and contracts of stamyship; and that the Secretary or any Aaslatanl Secretary at either of the corporations or, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, That the signatures of such officers may be affixed to any such PoWerof Attorney or to any certificate relating thereto by faosimlle, and any soon Power of Attorney or oatthil tebearingshort faoslmha 91911OWMB shall be valid sod blaring upon the corpoiaflons when so affixed and In the future with respect to any bond, undarlaking or oonmeot of Suretyship to which It Is attached,' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally paused thaw presents to be signed by their tespectivo officers and attastod by Plein respective Socratary or Assistant Secretary this November 21, 2013r pw OpgpANYl7F Daniel ^._.. Youn9,,��,, anion Vica�Prosldenl A`vn�+'•GO�AORdAR'>��4 OCb%FUNgV' 'dY @Y;^,iA dA3A rFd"' u) 1987, .-..._._.._ Marc JLen.....___...__._...__._ edon, Vice -President a; wR, db`W' o p * �,.,;OVi?•.,•: q<IFO%�� a W State of Cnlifonda '°o.„nr, o•a,,,` fk Couldy of Orange On —___._-....... Novemper 2L 2013..,...,.,__.,,__ batons_..—(yf@ Data NateenrtNzme.and Idle of the Officer Immorally appeared .-..... David Young and Mark J, Langdon _— Nante(s) of Signer(a) .who the vrithlalnstmment and acknowledged to me that helshalthtry executed the same in hielhsdlhalr authorized p d W Ina on the basis of satisfador evidence In be the ersan s) whose name s islare subsormad to „ ,•yayge ,ae„a� rapacity(ies), and that by his/1,90heir slgnsture(s) on the metmmont the person(s), or the entity upon behalf of which the percents) acted, oxoouted the Instrument t C$hMCr4. P{ � I Gently under PENALTY OF PERJURY under rho laws Of rho e0h)Of Callfonsle that the foregoing paragraph ry P%SYARYPfJFt480 Cd4L1fUf8fdVo hue and correct, `S f,�+RPJ4�CG1UNTi' d„','"•""'"..`6�y 1iFjcaroxn. sxpkaa Aug.9, X17' rid WITNESS myhall d and olpcial anal. Wit 4 III; Piece Notary Seal Above $1gnatureAntonio Alvarado, Notary Public DERTIFICATF The undorslgned, as Swrelary orAsse enl Seventy of DEVELOPERS SURETY AND INDEMNITY COMPANY an INDEMNITY COMPANY Op CALIFORNIA, does hereby ami that the Iersgoing Power of Attorney romaine in fulticrce and has not bean revoked and, furthermore, that the provisions of the resolutions of the tetIPective ©cards of Dfraelare of sold corporations Sot (ooh In the Power of Attorney are in tame an o(uw date of his Cordfloate. TThla Certificate is executed In the Cfly, of Vvlino, 011imme, this 30 th day of August , 2016, py Cassie d. Berrlslor slSan cl� o(ary _ 20B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE+ TRAIL RESURFACING 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: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z% 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 All American Asphalt License #/Exp. 267073,2/28/17 DIR Reg.#/Exp. 1000001051,6/30/17 Location Corona, CA Phone (951) 736-7600 Type Of Work Slurry Seal Amount $ $13,972,00 Name License #/Exp, DIR Reg.#/Exp, License # Location Phone m Type Of Work Amount $ Name License 9/Exp. DIR Reg, 4/Exp. License # Location Phone Type 01' Wp Amount $✓ 'of Bidder Jeff Nelson, President Name Cal Stripe License #/Exp. 685387.1/31/18 DIR Reg. #/Exp. 1000001100, 6/30/17 Location Colton, CA Phone (909)884-7170 Type Of Work Striping Amount $ Dependant on Alternate Selected 1: $ 7,000.00 Name 2: $ 10,000.00 License #/Exp. _ DIR Reg. #/Exp. License ## Location Phone Type Of Work Amount $ Natue License #./Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-17 20B-22 CITY OF SANTA, ANA PROPOSAL PROTECT NO,: 16-2667 SANTIAGO BIKE TRAIL RESURFACING REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years, 1, County of San Diego, Parks & Rec, 4477 Pacific Coast Hwy, San Diego, CA 92110 Narne and Address of Owner. Casey Wear, (619) 688-3336 Name and Telephone Number of person familiar with prof ect, $47,680.00 State Beach Parking Lot Contract Amount Type of Work 2. City of San Bernardino, 234 S. Mountain View, San Bernardino, CA 92418 7/25/16 Date Completed Name and Address of owner. Ed Kelley, (909) 384-5045 Name and Telephone Number of person familiar with project. $166,962.75 On Call StreetRenair 7/18/16 Contract Antount Type of Work Date Completed 3. County of Riverside, 3133 Mission Inn Ave, Riverside, CA 92507 Name and Address of owner. Gregory Claflin, (951) 955-7988 Name and Telephone Number of person familiar with projoct. $ 79,900.00 Road Repairs 6/22/16 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom 13IDDER intends to procure insurance and bonds. Developers Surety & Indemnity Company of California, (949)263-3300 17771 Cowan Ave, # 100, Irvine, CA 92614 Culbertson Insurance Services, (714)921-0530 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P-10 of P-17 20B-23 CITY OF SANTA ANA. PROPOSAL PROILCT NO.: 16.2667 SANTIAGO BIKE TRAIL RES URFACNG ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDIIR or Subcontractor has performed similar work in the past 5 years. of 92521 Drew Hecht, (95 1) 990-8307 Name and Telephone Number of person familiar with project. $99,057.47 Asphalt Repairs, Lot 21 7/28/16 Contract Amount Type of Work Date Completed 2, Rancho California Water District, PO Box 9017, Temecula, CA 92589 Name and Address of owner. Tim Carlisle, (951) 296-6900 Nane and Telephone Number of person familiar with project. 340,303.75 Asphalt Repairs 3/18/14 Contract Amount Type of Work Date Completed 3, University of California, Irvine, 200 Public Services Blvd, Irvine, CA 92697 Name and Address of owner. Rick Azavala,(949)824-0023 Name and Telephone Number of person familiar with project. $95,800.00 Street Repairs 10/30/15 Contrast 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. Developers Surety & Indemnity Company of California, (949)263-3300 17771 Cowan Ave, #1.00, Irvine, CA 92614 Culbertson Insurance Services, 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P-11 of P-17 20B-24 k 2016 Public Works References County of San Diego, Parks & Recreation Contact: Casey Wear 4477 Pacific Coast Highway Start: 04/01/16 San Diego, CA 92110 Finish: 07/25/16 (619) 688-3336 Amount: $ 47,680.00 Project: Cardiff State Beach City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 09/29/15 San Bernardino, CA 92418 Finish: 07/18/16 (909) 384-5045 Amount: $ 166,962.75 Project: On Call Street Repairs University of California, Riverside Contact: Drew Hecht 3401 Watkins Drive Start: 06/09/16 Riverside, CA 92521 Finish: 07/28/15 (951) 990-83007 Amount: $ 99,057.47 Project: Lot 21 Repairs Rancho California Water District Contact: Tim Carlisle PO Box 9017 Start: 02/24/16 Temecula, CA 92589 Finish: 04/11/16 (951) 296-6900 Amount: $ 8,185.00 Project: Washington Avenue Manholes County of Riverside Contact: Gregory Claflin 3133 Mission inn Ave Start: 05/12/16 Riverside, CA 92507 Finish: 06/22/16 (951) 955-7988 Amount: $ 79,900.00 Project: Ben Clark Training Center 20B-25 w Apr AAIIIIiii� SPHALT 2015 Public Warks References County of San Bernardino Contact: Jess Saldana 825 E. 3" Street, #1207 Start: 08/18/15 San Bernardino, CA 92415 Finish: 10/01/15 (909) 338.2140 Amount: $ 271,149.00 Project: North Drive & SH 189, Crestline, CA City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 08/25/15 San Bernardino, CA 92418 Finish: 06/03/16 (909) 384-5045 Amount: $ 372,223.27 Project: Cajon Blvd Street Improvements University of California, Irvine Contact: Rick Azavala 200 Public Services Blvd Start: 09/18/15 Irvine, CA 92697 Finish: 10/30/15 (949) 824-0023 Amount: $ 95,800.00 Project: Anteater Drive Improvements City of Lake Elsinore Contact: Miz Beltran 130 S. Main Street Start: 10/22/15 Lake Elsinore, CA 92530 Finish: 02/09/16 (951) 674-3124 Amount: $ 15,266.25 Project: Annual Crack Seal & Pothole Repairs County of Riverside Contact: Joe Angelone PO Box 1605 Start: 10/11/15 Riverside, CA 92502 Finish: 02/16/16 (951) 955-7989 Amount: $ 49,700.48 Project: Eddie Dee Smith Senior Center Improvement 20B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 16-2667 SANTIAGO BIKE TRAIL RESURFACING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly 'induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, cormuunication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against tine 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 abovp'No -collusion Affidavit is part of the Proposal. Signing this Proposal Oil the signatr e p tion thereof shall also constitute signature of this Non -collusion Affidavit, "IDD tS areitioned that malring a false certification may subject the certifier to t it nr cuti i. Signed p NelsM, President ` State of California County of _Riverside ON Subscribed and sworn to (or affirmed) befoi on this _ day of 20Y, by proved to in the basis of satisfactory evidence to be the person(s) who appeared before me �tiw Sr'r' Notary Public Signature Notary Public Seal P-12 of P-17 20B-27 Jurat A notary public or other officer completing this State of California certificate verifies only the Identity of the individual who signed the document to which this County of Riverside ss certificate is attached, and not the truthfulness, accuracy, or validity of that document, �,fi Subscribed and sworn to (or affirmed) before me on this clay of�UV .0, by Day Month Year _ Jeff S. Nelson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. k'nrary PrrLlle.¢rynnnve - l"mnl dlnrre 3mrm - Ror:%1 q ��tV151c`l" 1 _ rl- CAROL M�ARI®TONE Notary public • California z Riverside County z Co..��irq.#/218At81 r, �a fires Ma 22, 2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIICE TRAIL RESURFACING NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. 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, sere, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement, or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and ofthe rules, iegulations, 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 rales, regulations, and orders of the Secretary of Labor, or Pursuant thereto, and will permit access to his/her books, records, mtid, accounts by Ure administeriig agency and the Secretary of Labor for purposes of investigation, to ascertain connpliance with such riles, regulations, and orders, In the event of the Coutractor',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 authouized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P•13 of P-17 20B-29 CITY Y OT SANTA ANA PROPOSAL PROJECT NO.: 16.2667 SANTIAGO HIKE TRAIL RESURFACING 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 moans 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, rnaritalptus, or sex of such persons, except as provided in Section 1420, and any contractor of pu ire orks violating this Section is subject to all the penalties imposed for a violation ofth Cha. ter. Signed: Title: Firm: NPG, Inc. Date: 8/31/16 P-14 of P-17 20B-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.2667 SANTIAGO HIRE TRAIL RESURFACING 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: 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 lie/she employs journeymen or apprentices on the lie work, in the sante amount or upon the same basis and in the same manner as the of r ontractors, except contractors not signatory to the trust agreement shall pay a like auto tt t the ifomia Apprenticeship Council, Signed: Title: Jeff Ne son, President Firm: NPG, Inc. Date: 8/31/16 P-15 ofP-17 20B-31 CITY 0T' SANTA ANA. PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING STATEMENT R E.GARDiNG "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 supplcmented in the De rte ent of Labor regulations (29 CFR, Part 3), This act provides that each contractor or sub on ctor shall be prohibited from inducing, by any means, any person employed in the con iucti a or repair of public work, to give up any part of the compensation to which he/she is of iwis entitled. Signed: Title: Jeff Nelson, President Firm: NPG, Inc. Date: 8131/16 P-16 of P-17 20B-32 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 162667 SANTIAGO BIDE TRAIL RESURFACING PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE Iv conformance with Public Contract Code Section 10162, the BIDDBR 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 V If the answer is yes, explain the circumstances in the following space. P-1.7 of P-17 20B-33 MAYOR Miguel A. Pultdo MAYOR PRO TEM Vicente SamdenPo COUNCILMEM6ER5 Angelloa Amazoua P. Davin aenavldes Michele Martin©z Romani Reyna Sai Tinalero August 29, 2016 CITY OF SANT1 A ANA 20 Chic Center Plana + P.O. Box 1088 M-36 Santa Ana, California 92702 (71 Ai 637.6013 RAW-eanta-eWsura ADDENDUM ONE SUBJECT: PROJECT NO. 16-2667: SANTIAGO BIKE TRAIL RESURFACING CITY MANAGER David Cavazos CITY AT?ORNEY Seale R. Cervalho Ct.ERK OF THE COUNCIL. Maria o. Huizar The following changes/clarifications have been made to the speoifleations of the subject project: 1. 7-12 ADVERTISING Page 15; 3R° Paragraph Payment for project signs shall be included in other items of work involved and no additional payment shall be allowed therefore. REPLACE WITH: Payment for project signs shall beat the contract unit price in Bid Item No. 6. DEFINITION OF BID ITEMS Page 1 of 3, Bid Item No. 3- Asphalt Concrete (AG) Pavement Payment for Asphalt Concrete shall be at the contract unit price bid per extra long ton listed in the.Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Asphalt Concrete shall be at the contract unit price bid per ton listed In the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials; labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. 1 of 3 SANTA ANA CITY COUNCIL Mig*A. Pulltlo i Wnnle Sarmiento i AE4w15 Nlow l' Anyelka Amazcnn F, 0.0 aemi'M$ iMmen Rayne i Sol uroero Mayor M6yarp_ro Tam Wortl1 Werth Word1 Wad4 WeMS Ward LI IrUJ1n R1L_^tflk_te � �SWLWflWB ra-;.'°,!M � rn,w flkkia!k mavw:em i mw vnQyA6z1a,:A0yBfE I Il'f1W.v!s(LSP^ .3 I ! ^U nl I ,,,,__.uep I n_m�m43*�.iBs.^d o,p I 4�A9L@S.'m u.ann ur 20B-34 MAYOR Miguel A. Pulldo MAYOR PROTW Vloento Sermiento COUNCILMEMBERS Angolica Amszeue P. David Bengvidea Michele Martinez Roman Reyna Sar Tlnalero CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1 gas NI -36 Santa Ana, California 02702 (714) 647.501:1 MWLSa kAUSK99 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R Carvalho CLERK OP THE COUNCIL Marla o. Hulzar 3. DEFINITION OF BID ITEMS Paget of 3, Bid Item No. 4— Emulsion -Aggregate Slurry (Type II -CSS -1h -EAS) Payment for Emulsion -Aggregate Slurry (Type II -CSS -1 h -EAS), shall be at the contract unit price bid per ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore, REPLACE WITH: Payment for Emulsion -Aggregate Slurry (Type II -CSS -1 h -EAS), shall be at the contract unit price bid per extra long ton listed In the Bid Proposal, and shall Include full compensation for doing all work, Including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. DEFINITION OF BID ITEMS Page 2 of 3, Bid Item No. 7 — Crack Sealing Payment for Crack Sealing shall beat the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Crack Sealing shall,be.at the contract lump sum unit price bid linear feet listed in the Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. 5. DEFINITION OF BID ITEMS Page 2 of 3, Bid Item No, 8-- Signing & Striping (Oil Based Paint) Payment for Signing & Striping with oil base paint shall be at the contract lump sum bid listed in the.Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools; disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. 2of3 SANTAANACItY C:00NOL Mlauol A. Pundu Maga' VictA6 samiWo Whole Mndl, I mhy T",, FVl0WfU Am =fi P. now s,aeWdea human ndym' Sal Malurn 0,Mlea,PAYW_a xi ex rPal w®rd i. Word? Ysulmlonearax n(aama wg ama�Rx,px�raneu.aue.o,�. I a Word B, W d9 +�esessua,��w.lavaanw Warl6 Walla I I , ,y 20B-35` na, rcvnrA e_M,.n � +dkNa[ekdaatwrvux,erB MAYOR Miguel A. Pulido MAYOR PRO TEM V tnahtez-Sannlante COUNCILMEMBERS Angelica Anezcua P. David Benavides Michele Martinez Raman Reyna Sal Tinalero REPLACE WITH; CIT Y OF SANTA ANA 2e Civie Canter Plaza a P.O. Bax 1985 M•30 Santa Ana, California 92702 (714)04 5013 Page 2 of 3, Bid Item No. 8 — Signing & Striping (Water Based Paint) CITY MANAOE-R David Cavazos CITY ATTORNEY settle R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar Payment for Signing & Striping with water base paint shall be at the contract lump sum bid listed in the Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools, disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. ATTACHEMENTS;. Bid Proposal — 3 pages (P-1 to P-3 of P-17) Mandatory Job Walk attending sheet — 1 page FOR THE CITY OF SANTA ANA s Edwi ai'n G illiez, P.E. City Engineer 3of3 SANTA ANA CITY COUNCIL Wguel A. Puli a I VomnaaaanWm Michele MlAMIle2 i AnAellm AnW..C. i P. OaNd aw,evidae Roman Reyna 8.111nalaru mitov M6"r'.Tem,.Va1d1 Want Wmda 1 Wain W"d Want !naaaf¢t@azrda-a.n-Uaaltss!AraV IAL,,ola rtt=Ln aaca � «e�naaa nam„ � 1 _ _rs, I WH!a � al�i9[gjllan a�ano urp 20B-36 20B-37 � \ \ \ \ w f§a\(f ! \ \ƒ y\ �2/\m t&aa] \; } \ e$ ® » p( R {�\ ` \ \ \ \ ! \ ; 20B-37 � \ \ \ ry OP ID: DE8 � o` DATE(MMIDDIYYYY) e� CERTIFICATE OF LIABILITY INSURANCE 01/12/2015_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPURTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreemen Nsl. IPROOUCER Crosbyy. Insurance, Inc 8181 E. Kaiser Blvd Anaheim Hills, CA 92808 John Sheffield INSURED NPG, Inc„ aka: Nelson Paving & Grading, Goldstar Asphalt Products P.O. Box 1515 Perris, CA 92572 -5255 NPGCOJ IrOnshore Specialty Ins Co General Ins Co of America Liberty Ins Underwriters THIS 15 TO CERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'LTR TYPE OF INSURANCE RRi POLICY NUMBER POLICY EFF GENERAL LWBILITY MM/DDIYYVY X A COMMERCIAL GENERAL LIABILITY I �AGS0058702 11/15/2015111/1512016 CLAIMS-MADEOCCURMED POLICY EXP MMIDON:: , EACH OCCURRENCE LIMITS S 1,000,000 1 DA AG 0 1 0 PREMISES Ea occurrence S 50,000 EXP(Any one person) S 5,000 PERSONAL A ACV INJURY $ 11000,000 j GEN'L AGGREGATE LIMITAPPLIERPER: i PRO- POLICY JEC LOC i GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 -$� AA;UT�OMOBILE LIABILITY B X ANY AUTO 124 -CC -206754..9 11/15/2015 ALL OWNED AUTOS I NCL PHYSICAL DAMAGE 11175/2016 COMBINED SINGLE LIMIT (Ea ecddenq s 1,000,00 B OOILYINJURY(Perperenn) $ e LY INJURY (P., eodenq g L�f ! SCHEDULE) ALTOSCCI X HIRED Nt1T05 I PROPERTY DAMAGE (PER ACCIDENT) $ X 011:10AMED AUTOS Hired Hired Phys Dam I 1950,000 MAXIMUM LIMIT UMBRELLA LIAR 1i OCCUR X EXCESS LIAR _ CLAIMS -MAGE C F" 100002437205 11/15/2015 I DEDUCTIBLE RETENTION $ I IC011isiOr 611/15/2016 Comprehensive $ $1,000a n —�_$ $1,000 de EACH OCCURRENCE $ 5,000,000 AGGREGATE s 5,000,00 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN I IWVE5028828 01 101101/2016 OFFICERIMEMBER EXCLUDED? NIA M andaloryinH Uyyes, describe,undd er DESCRIPTION OF OPERATION? below EQUIPMENT RENTED I I 124 -CC -103552.1 71115/2015 FROM OTHERS 01/01/2017 11/15/2016ILLimit $ WC STATUS OE H- X (TORY _IM � I ELL. EACH ACCIDENT ___ 1,000000 E.L. DISEASE - EA EMPLOYEEJ$ 1,000,00 E. L. DISEASE POLICY LIMIT 3 Dad 7,000,000 500'0000 00 1ESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remark, Schedule, If more space Ia mqulredl f cancelled for non-payment of premium only 10 days notice will be given. regired by written Contract, Additional insured (Ge oral and Auto 'ability) Primary Non and -Contributing (General Liability) and Waiver of ubro aiicn (Generam l and Auto Liability and Workers Corn can apply, ew Construction exclusion apply, Excess Policyfollows Corm. FORINFO For Information Purposes Only -specific certificates can be issued upon regUCEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. CORD 25 (2009/09) The ACORD name and log20rBist3Onarks of ACORD H c.� r�. -o 0 U 0 M L.. 40 - FU FU U L cz c 0 v� Q) ry MA ps A 20B-39 ri- -1 20B-41 , ci-, 10 'o D @) LU \(D .5� 0 M M IA, 0 CL C3 20B-42 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16-2667 SANTIAGO BIKE TRAIL RESURFACING This CONSTRUCTION CONTRACT is made and entered into this 151i day of November, 2016 , by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing render the Constitution and laws of the State of California, hereinafter referred to as "CITY" and NPG, Inc., 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 f irnish 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 Santiago Bike Trail Resurfacing 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 Constriction 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 $66,472.00 — Sixty-six Thousand Four Hundred Seventy-two 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 20B-43 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-2667 SANTIAGO BIKE TRAIL RESURFACING The BID PROPOSAL contains a schedule of unit price(s) or lmmp sum(s) based on approximate quantifies 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. /i Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 BY 92L f Jolo Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 20B-45 ri- COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2667: SANTIAGO BIKE TRAIL RESURFACING Construction Contract $ 66,472.00 Contract Administration $ 3,147.00 Inspection and Testing $ 3,500.00 Contingencies $ 6,647.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 79,766.00 EXHIBIT 4 20B-47 pKilmol