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23A - PROJ - TRAFFIC SIGNAGE
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: AWARD CONTRACT TO MYERS AND SONS HI -WAY SAFETY, INC., FOR CONSTRUCTION OF GRANT - FUNDED TRAFFIC SIGNAGE UPGRADE (PROJECT NO. 156833) (STRATEGIC PLAN NOS. 6, 1B & 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For,_ CONTINUED TO Ao� FILE NUMBER CITY ANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Myers and Sons Hi -Way Safety, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternate 1, in the amount of $169,450, for the term beginning upon execution of the contract and ending upon project completion, for the Traffic Signage Upgrade project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $211,813, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $16,945. DISCUSSION The recommended actions are needed for the City to proceed with the installation of roadway signage citywide. The improvements include replacing faded signs with signage made with highly reflective material. Once completed, these improvements will improve traffic safety by enhancing day- and nighttime signage visibility. A Notice Inviting Bids was advertised on January 13, 2017, and January 18, 2017; bids were opened on February 6, 2017. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 6 Bids received 10 Bids received from Santa Ana contractors 0 23A -1 Award Contract for Traffic Signage Upgrades April 4, 2017 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + ALT 1 1 Myers and Sons Hi -way Safety, Inc. Chino $114,026 $169,450 2 BC Rentals Inc. dba BC Traffic Specialist Orange $125,409 $172,393 3 PCI Azusa $137,295 $176,355 4 Orange County Striping Orange $156,882 $207,443 5 Aegis ITS, Inc. Anaheim $158,544 $223,770 6 Highway Special Company, Inc. Palo Cerdo $170,992 $246,725 7 Stemclahl Enterprises, Inc. Sun Valley $171,650 $236,533 8 Calpromax Engineering, Inc. Placentia $211,190 $330,540 9 Traffic Development Services, Inc. Moorpark $233,391 $289,811 10 Statewide Traffic Safety and Signs, Inc. Irvine $270,695 $327,115 A total of 10 bids were received and all were considered responsive. Myers and Sons Hi -Way Safety, Inc., submitted the lowest responsive bid in amount of $114,026 (Exhibit 2). This bid is significantly lower than the Engineer's Estimate of $241,145. Staff has checked references and analyzed the bid to ensure it does not contain any exclusion or omissions, and is recommending award to this contractor. The Bid for Additive Alternate 1 includes an additional 217 roadside signs at a unit price that provides good value to the City. Since there are sufficient funds available, staff recommends including Alternate 1 in the construction contract, resulting in a total contract for $169,450 (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) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). 23A -2 Award Contract for Traffic Signage Upgrades April 4, 2017 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -22 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 3), the estimated total construction delivery cost of this project is $211,813, which includes construction, contract administration, inspection, testing, and an authorized contingency of $16,945. Grant funding is available in the Federal Aid Safety Program Fund (Account No. 14717611 - 66220, Project 156833). Funds will be spent according to the spending plan below: Fiscal Year Amount FY 2016/17 $169,450 FY 2017/18 $ 42,363 WA Ato__'� - Fred Mousavipbur Executive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez ° Executive Director Finance & Management Services Agency 23A -3 23A -4 SANTA ANA City Council PueLP��1 Agenda Date Project No. 15 -6833: Traffic Signage V April 4, 201 1 Upgrade t f 23A -6 EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6533 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA it o .1! • _ !M WAS . REQUIRENIENT: The undersigned bidder declares that they have carefiilly 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 Instal] Sign Post Over 10'. 30* EA $ 189.00 $ 5,670.00 2 Remove Existing Sign(s) and Post. Install 17 EA $ $ Now Post and Sign(s) as Showu. 200.00 3,400.00 3 Install Now Signs) as Shown on Post or 6 EA $ 179.00 $ 1,074,00 streat• Light. Remove Existing Sign(s) and Install New 4 Sign(s) as Shown on Traffic Signal Mast 139 EA $ 277.16 $ 52,383.24 Arm. 5 'Remove Existing Sign(s) as Shown on 3 EA $ $ Traffic Signal Must Ann, 100.00 300.00 6 Install Now Sign(s) as Shown on Traffic 35 EA $ $ Signal Mast Arm. 245.52 8,593.20 7 Remove Existing Sign(s) and Install New 157 EA $ 236.94 $ 37,199,58 Sign(s) as Shown on Traffic Signal Pole. $ Remove Existing Siga(s)'as Shown on 29 EA $ 100.00 $ 2,900.00 Traffic Signal Poie. Install Now Sign(s) as Shown on Traffic 14 EA $ 179.00 $ 2,506.00 Signal Pole. TOTAL BASE BID $ 114,026.02 P--I of P-38 23A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SKzNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) A-DD- ALTERNATIVE ONE Item Descttiptlon Qty Unit Unitprice Amount Remove Existing Sign(s) and Install New 10 Sign(s) as Shown on Existing Post or Street 21.7 EA $ 255.41 $ 55,423.97 Light, _.�..._ _.. _... TOTAL ADD - ALTERNATIVE, ONE $ 55,423.37 TOTAL BASE BID + ADD - ALTERNATIVE ONE $ 169,449.99 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 forbid 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 ilhis item accordingly, t This bid item is considered a Specialty Item per Section 2 -3,2 of the Standard Specifications. TIME FOR COMPLETION OF 1MPROVEIVIENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the bVorl( for the total base bid arnount shown above, within ninety (90) workin clays after the commencement date stated in the Notice to Proceed. The liquidated. damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar clay. Name of Firm Myers and Sons HI -VVoy Safety,inc Signature of BIDDER Title Mike Rodgers, President Juan- iamos, Sec. /Tress. Of 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-38 23A -8 MY OF SANTA ANA PROPOSAL PROJECT NO„ 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECTNO; HSiPL 5063(1.57) 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 alter it has been accepted by the City Council, endorsed by the Clork of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency l xccutive 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 ton (10) business days or the finds, cheek, draft, or BIDDERS bond substituted in lien 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 fallure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid . schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed, The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Cade, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Myers and Sons Hi -Wav Safety, Inc Signature of BIDDER Title Mike Rodgers, President _ Juana Ramos, Sec. /Treas. (If an individual, so state. If a farm 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 -38 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) CON'TRAC'T'OR'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 Depa rttaMt of Industrial Relations (DIR), and that the following is true and correct. Contractot'sNa111o: Myers and Sons Hi -\ a�5afetylnc Business Address: 13310 5th Street Chino, CA 91710 Business E-MallAddros: LUis6 @hiwaysafety.com Telephone: 909 - 591 -1781 State Contractor's License No. and Class: License Expiration Date: 10/31/2018 State Dept. of Industrial Relations (DIR) Registration No.: State Dept, of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: President 785683 1000005382 6130/17 P -4 of P-38 23A -10 SEc. /trews CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15 -6893 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HS:1PL 5063(157) PREVAILING WALE 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., ( "Prevailhrg 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 Firm Myers and Sons HI-Way Safety, Inc Signature of KIDDER L Title Mike Rodgers, President (if an individual, so state) P -5 ofP -38 23A -11 Sec, /Tress. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) OWNERSHIP AFFIDAVIT STATE, OP CALTGORNIA ) COUNTY Or+ ORANGE ) SS: CST 'Y OF SAINTA ANA ) Mike Rodgers , being cluly sworn, deposes and says: [I INDIVIDUAL That he/she is the party making the foregoing proposal ❑ PARTNMRSIIIP That he /she is amember of the co- partoorship firm dosignated as: and who has been and is duly vested with the authority to ranks and execute instruments for the co- phrtneaship by: who constitute the o ".her members of the co- parntorship. [� CORPORATION That he is of: President a corporation which is mnkhag the foregoing proposal:— [] JOINT VENTURE,. That he is of: one of tile pardw , maiing the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to excoute instruments for an on behalf of the parties Hulking said bid who are: that such a. bid is genuine and not collusive or sham, and has not in any planner sought by collusion to secure any advantage against the City of Santa Ana or tiny person interested in the proposed contract, for himself or any other person. '42 zZ4 Signature Udder Mike Rodgers, President Subscribed and sworn to before me this clay of — SEE ATTACHED Signature of officer Administering Oath (Notary Public) P -6 ol'P -38 23A -12 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and aclmowledged to me that eTIITe><t�tey executed the same in is ar disii authorized capacity(ies} and that by is signature( on the instrument the person(&), 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. IT ' SS y ha nd feral s 1. Si of Notary Public (Notary Seal) BARBA p UZZI COMM. # 2136068 -, V "•4w}a. $ NOTARY PUOLIO•CALIFORNIA(% SAN ' BERNARD= COUNTY 0 Wi MY Obmmisslon Expires O4yBfTIbfiT 23, }1019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages_ Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer ('Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Id information checked Love www.nouny�Iesses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any aelarowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgment form most be property completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do somedrtng that is illegal far a notary In California (i.e. terrifying the authorized capacity of the signer), Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or ber commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e, he/she/thay,— is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary goal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a suitioient area pertdts, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to eatsuro this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: FISIPL 5063(157) BID BOND Bond No. CSBA -4090 KNOW ALL PRESENT that, Myers & Sons Hi -way safety, Inc. as BIDDER, and SureTec 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 Amount Bid Dollars ($10% of the 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 spcciRed, 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 2nd day of February 2017 BIDDER.* 13310 5th Street, Chino, CA 91710 / (909) 591 -1781 SURETY* SureTec Insurance Company, 3033 5th Avenue, Suite 300, San Dfogo, CA 92103 / (800) 288.0351 Shaunna Rozelle Ostrom, Attorney -in -Fact, 1 Subscribed and sworn to before me _ -- ,20—. Signature: Notary Public in and for the County of , State of this day of Provide BIDDEI:/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, P -7 of P-38 23A -14 I...--,--------,--.-.--.--------,–.—.1 - -----_------- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Orange On February 2nd, 2017 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as It appears on the official seal personally appeared Shaunna Rozelle Ostrom Name(s) of SIgner(s) 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(les), and that by hls/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. Signature _,Z�q_181J �__, Place Notary Seal Above S19nature of Notary Public q San Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 02/02/2017 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Shaunna Rozelle Ostrom Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Attorney In Fact I M 1 111] IT11 1.1 N :4 1 HE ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here [:] Guardian or Conservator Top of thumb here ❑ Other: ❑ Other Signer is Representing: Signer is Representing: ..... . .... . ------ _J 1 JA-lb Bond No. CSBA -4090 POA 4._q1 0023 SurerTec Insurance Company LIMITED POWER OF .ATTORNEY Know A11.Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing mider the laws of the State of Texas, and having its principal office In Houston, Harris County, Texas, does by those presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury, Sheunna Rozelle Ostrom, Michael Castaneda its hue and lawful Attorney-in-fact, with fall power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recoguizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bnrd the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in=Fact may do in the premises. Said appointment shall continue in force until 911012020 and is made under and by authority of the following resoludens of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documur is canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and offeeted by the Corporate Secretary. Be tt Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to. any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to airy bond or undertaking to which it is attached, (Adopted at a meettng held on 20s' of April, 1999) In Witness A'hemof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 16th day of January, A.D. 2017. u6�RANCF SURIYTFC 'E 1 ANY tix° • • o By: w John IZnos ., rest nt State of Texas as: � •��"���"`' County of Harris On this 1602 day of January, A.D, 2017 before me personally came John I{nox Jr., to me known, who, being by me duly swom, did depose and say, th at he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. .y",av�Eieie XENIA CHAVEZ �- Notary Public, State of Texas �y %tj.�$ Comm. Expires 09 -10 -2020 %rinnprvx Nolary 1p 129117559 Xy.ct a�aly Public `-3GIy commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and Correct copy of aPower of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Bond of Directors, set out in the Power of Attomey me in Jult force and effect. Given trader my hand and the seal of said Company at Houston, Texas this 2nd V of 4 Febr ery 2017 A.D. y, Assistant Sedretary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 61OD23 Par verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. 23A -16 r r - O�\ r - ' E _`_ _ s-� CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before isle, Barbara E. Paluzzl, Notary Public (Here insert name and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name Is re subscribed to the within instrument and acknowledged to me that e�ey executed the same in is authorized capacity(i€s) and that by is ' signature(s) on the instrument the person so, 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. BARBARAE ! `. pmgl_UZZi COMM. sY 2'139068 —I V NOTARY PUBLIC - CALIFORNIA i 1 � 7` V SAN OERNARWNO COUNTY () ZIT ESS my hand and ial seal. M ne0shobeviaa, eo °e "ofrotary ublic�� (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages _ Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ Partner(s) 0 Attorney -in -Fact ❑ Tnistee(s) ❑ Other Id information checl<ed 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryCtasses,com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mist be properly completed and attached W that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the autbarized capacity of the signer). Please check the document carefidly for proper notarial wending and attach this feria ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personalty appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sha /they; is /are) or pirating the correct forms. Failure to correctly indicate This information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with tho office of the county clerk. Additional Information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signor. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6833 T.RAFPIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) LIST OF SUB•CON F ACTORS Section 4100 et, seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract worst exceeding the following amount: • Streets, highways including bridge projects: '12 "% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the Stalo Department of industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name A Cone Zone, Inc License #/Exp, 851996 _12/31/18 DIR Reg. #/Exp. 1000006625 6130/17 Location 1640 Market Street Corona, CA Phone 951 -734 -9535 ilE~'oatn`3`721 Type Of Work slan hardware _ Amount$ 3,17211 Name License #/Exp. _- DIR Reg. # /Exp. License # Location �� - - - - -� Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. Licenso # Location Phone _ Type Of Work Amount $ f?'J , Signature idder Mike Rodgers, PResident Name License #/Exp. DIR Reg. # /Exp, _ Location Phone Type Of Work Amount $ Name —_ License #/F-p. DIR Reg. # /Exp, License # _ Location Phone Type Of Work Amount $ _. Name License #/EXP• DIR Reg. #/Exp. - License # _ Location Phone "Pype Of �Nrork i -.._.__ -__. Amount $ P -8 of P-38 23A -18 raf "a C nfrnI HI-WAY SAFETY RENTALS, INC. LUIS DIAZ PO BOX 1030 CHINO, CA 91708 Phone: 909- 591 -1781 Fax: 909. 364.2371 Email; LuisD @hlwaysafety.com A Cone Zane, Inc. 1640 Market St Corona, CA 92880 951.734.9535 Fax 951. 734 -2887 1851996 C -31 Job Location: SALE - WILL CALL CORONA Quote Created By: Ashley LaCour QUOTATION Quote Date quote ID 2/6/2017 AL170206 Valid Through: 3/8/2017 Item Description Price UOM Qty /Day Days Total Qty. Total SIGN MOUNT BRACKET HARDWARE KIT, FLARED $31.75 EACH 55 1 55 $1,746.25 LEG SADDLE, BULLS EYE, BOLT & NYLON WASHER, PACK OF 10* BANDING MATERIAL, STAINLESS STEEL, BAND -IT, $79.27 EACH 10 1 10 $792.70 .751N 100FT - BUCKLE, STAINLESS STEEL, BAND -IT, .751N, BOX OF $67.50 EACH 6 1 6 $405.00 100* Note: The * indicates taxable items. QUOTE BASED ON WILL CALL * UDBE /WBE /SBE CERTIFIED SUBTOTAL $2,943.95 SALES TAX (7.75 %) $228,16 QUOTE TOTAL $3,172.11 Excluded: Permits and Applicable Sales Tax Add1 Terms: Invoices are payable with Terms of Net 30 Days. Any job over $2,500 is mandatory to provide California 20 -Day Preliminary Lien Information, This quote is confidential and intended for addressed recipient only and is not to be disclosed to any other company(s) and /or person(s). See attached Exhibit A - Terms and Conditions made a part hereof. We are UDBE /WBE /SBE CERTIFIED! WBE# 13030121;.DBE #36878; SBE# 1509840; DIR# 1000006625 Contractor License #85'1996 C -31 2/6/2017 Ashley LaCOLIr Date A Cone Zone, Inc, Visit Our Website at www.AConeZone.com Accepted By; Signature Print Name Title 23A -19 Company Date Page 1 of 1 CITY OF SANTA ANA, PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE TIPGRADE FEDERAL PR0.I1-sCx'N0 IISTPL 5063(157) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1, City of Pasadena 221 E. Walnut Street, Ste 210 Pasadena, CA 91101 Nave and Address o:F Owner. Alberto Felix 626 - Name and Telephone N 35,000.00 Contract Amount person familiar with project. Sign Install Type of Work 2, City f San Marcos 1 Civic Center Drive San Marcos, CA 92069 Name and Address of owner. Constantine Abalos 1- 760 -744 -1050 ext 3308 cabalos@ Name and Telephone Nun 190,000.00 Contract Amount of person familiar with project. Sign removal and install Type of Work 12/16 Date Completed 12/15 Date Completed 3, Department of Transportation 1727 30th Street MS 65 Sacramento, CA 95816 Name and Address of owner. Lee Scotese lee /scotese @dot.ca.gov 916 -227 -6000 contract#09A0609 Name and Telephone Number of person familiar with project. 117,500.00 Install Snow Pole & signs 2/16 ConCractAmoiult 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, Sure Tee Insurance Company 3033 5th Avenue, Suite 300 San Diego, CA 92103 1- 800 -288 -0351 P -9 of P -38 23A -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063 (157) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TkIl2FR public agencies for which the BIDDER or Subcontraotor has performed similar work in the•past five years, 1, City of Rancho Cucamonga 1050Q Civic Center Drive Rancho CUcamonga, CA 909 -730 -4709 Name and Address of Owner. Name and 7 67,800.00 Contract Amount of person £amillar with project. Sign Upgrade Installation 5/14 Type of Work Date Completed 2. City of Coachella . 1515 Sixth Street Coachella, CA 92236 Name and Address of owner, Gordon Fisher 760- 398 -5744 Name and Telephone Number of person familiar with project. 347,555.00 Sign removal and install citywide 10112 Contract Amount Type or Work Date Completed 3. _Caltrans Department of Transportation 9225 Stellar Court, Ste B Corona, CA 92883 Name and Address of owner, Majed Yousseff 951- 538 -3087 majedyouusseU @dot.ca.gov Narne and Telephone Number of person familiar with project. 150,000.00 Installation of Exit Numbering Signs 1/13 Contraet 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, Sure Teo Insurance Company 3033 5th Avenue, Ste 300 San Diego, CA 92103 1- 800 - 288.0351 P -10 of P -38 23A -21 CITY OF SANTA ANN PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public 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 o£, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that die 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 mernber or agent thereof to effectuate a collusive or sham bill. Note: The above Non - collusion Affidavit is pant of the Proposal, BIDDERS are cautioned that making a false eeitificatiou may subject tire, certifier to criminal prosecution, Signed State of California County of SEE Attached Acknowledgement Mike Rodgers, President Subscribed and sworn to (or aftirtnod) before me on this ..._ clay of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before nre Notary Public Signature .Notary .Public Seal P -I1 of P-38 23A -22 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E, Paluzzi, Notary Public (Here insert name and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that h",ey executed the same in is authorized capacity(L -4, and that by is signatuxe(� 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. BARBARA B. PALUZZI OOMM. # 2198088 Up. ^W'r°�� QNOTARY 1.;L'C•CAWFONNIA N IT SS hand and off 1a seal, U .7' SAN,8ERNARO "NO COUNTY My Commleslon Expires It 0spember 2a, 201@ ar " Signs ue oPNotary Public - (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TIIE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages _ Doctunent Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) . ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact © Trustee(s) 0 Other Id information checked 2008 Version CAPAvt2.10.07 800- 873 -9865 INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmowledgmenf completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that docmrent. The only exception is if a document is to be recorded outside of California. Inn such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Lo, certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired, • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date ofnotarization must be the date that the signer(&) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her mane as it appears within his or her commission followed by a comma mid then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she /they;- is lure) or circling die correct forms, Failure to correctly indicate this Information may load to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient arou permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but cold help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number olfpages and date. b Indicate the capacity claimed by the signor, If the claimed capacity is it corporate effect, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF SANTA: ANA PROPOSAL PROJECT NO,: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) STATEMENT 12EC "rARDING AI'PRENTIC'FSIIIP RIB( UIREME,NTS 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 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: _/;? Title: Mika odgers, President Firm; Myers and Sons Hi -Way Safety ,Inc Date: 02/06/17 P -14 of P -38 23A -24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15.6833 TRAFFIC SIGNAGE UPGRADE FEDERAL, PROJECT NO: HSIPL 5063(157) tdON- DISCRIMIlNATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated daring 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 fortes 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 tbo notice in conspicuous places available to employees and applicants for employment, 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 xules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her 'books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contr6ot 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 rernedies invol<ed 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 -38 23A -25 CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO:14SIPL 5063(157) 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 worlds because of race, religions creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public worlds violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Mike Rodgers, President Firth: Myers and Sons Hi -Way Safety,inc Date: February 6,2017 P -13 of P -38 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) STATEMENTREGARDING °ANTI - KICKBACK" REOUIREN.fl -NTS The undersigned is submitting this proposal for performing by contract the work required by those bill documents, agrees to comply with the Copeland "Anii- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (24 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: 7 Title: Mike Rodgers, President Firm: Myers and Sons HI -Way Safety,inc Date: 02/06/17 P -15 of P -38 23A -27 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT N0; HSIPL 5063(157) PUBLIC' CONTRACT CODE SECTION 10162 OUE5710NNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, antler penalty of perjury, the following quest' onri.dre: 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 -38 23A -28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) BIDDER'S STA'T'EMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FFTWA- 1.273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the Special Provisions of this project, Signed Title Mike Rodgers. President Firm _Myers and Sons Hi-W f Safet ,ly nc Date 02/06/17 P -17 of P-38 23A -29 23A -30 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO, 15 -6$33 TRAFFIC SIGNAGE UPGRADE This CONSTRUCTION CONTRACT is made and entered into this 4t1' day of April, 2017 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 "CITY "), and Myers and Sons Hi -Way Safety, Inc. (hereinafter "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 Traffic Signage Upgrade 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 hi. 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 One Hundred Sixty -nine Thousand Four Hundred Fourty -nine Dollars and Ninety -nine Cents ($169,449.99), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 12/20/2016 23A -31 Page 1 of 4, CONTRACTOR agrees to complete the WORK OF LMPROVEMENT 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, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithfal 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 Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20 %) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10 %) ofthe final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liabilit Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A -32 Page 2 of 3 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: llc J IN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR: Myers and Sons Hi -Way Safety, Inc. MIKE RODGERS President 23A -33 Page 3 of 3 23A -34 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO, 15 -6833: TRAFFIC SIGNAGE UPGRADE Construction Contract $ 169,449.99 Contract Administration $ 12,751.00 Ins ection and Testing $ 12,667.01 Contingencies $ 16,945.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 211,813.00 23A -35 23A -36