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20B - AA - BIKE LANES CHESTNUT
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: APPROPRIATION ADJUSTMENT AND AWARD OF CONTRACT TO CAL STRIPE, INC. FOR CONSTRUCTION OF GRANT - FUNDED BIKE LANES ON CHESTNUT AVENUE AND BUSH /CYPRESS (PROJECT NO. 17 -6611) (STRATEGIC PLAN NOS. 6, 1B & 1G) CITY-MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a construction contract with Cal- Stripe Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $84,875.40, for the term beginning upon execution of the contract and ending upon project completion, for the Chestnut Avenue and Bush /Cypress Bike Lanes Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing a grant allocation by Orange County Partnership to Improve Community Heath in the amount of $108,750 into the Emergency and Heath Fund expenditure account for FY 2016 -2017. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $108,750, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $11,142. DISCUSSION This project consists of the installation of Class II (on street) bike lanes on Chestnut Avenue, Bush Street and Cypress Avenue (Exhibit 1). The proposed bike lanes configuration (Exhibit 1a) are consistent with the City's Bicycle Master Plan and will extend and connect to existing and planned bike paths. The proposed bike lanes will improve mobility and safety of bicyclists. These improvements are being funded by the Orange County Partnership to Improve Community Heath (PICH) grant. A Notice Inviting Bids was advertised on February 17, 2017, and February 22, 2017; bids were opened on March 13, 2017. The following is a summary of the bid invitations made and the bids received: 20B -1 Contract Award For Chestnut Avenue and Bush /Cypress Bike Lanes project May 2, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 10 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Cal Stripe, Inc. Colton $84,875.40 2 Chrisp Company Fremont $87,822.84 3 Superior Pavement Markings, Inc. Cypress $94,426.53 A total of three bids were received and all were considered responsive. Cal Stripe, Inc. submitted the lowest responsive bid in the amount of $84,785.40 (Exhibit 2). Their bid is comparable to the Engineer's Estimate of $151,043.10. Staff recommends awarding a construction contract (Exhibit 3) to Cal Stripe, Inc. for the Chestnut Avenue and Bush /Cypress Bike Lanes project. 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.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -163 was filed for this project. 20B -2 Contract Award May 2, 2017 Page 3 For Chestnut Avenue and Bush /Cypress Bike Lanes project FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $108,750, which includes construction, contract administration, inspection, testing, and an authorized contingency of $11,142. Upon approval of the recommended appropriation adjustment, $108,750 will be recognized from Orange County Partnership to Improve Community Heath grant to the Emergency and Heath Fund expenditure account (Account No. 12217600- 62300, Project 176611). The fund will be available for expenditure in Fiscal Year 2016 -17. Fred Mousavipour Executive Director Public Works Agency FM /EWG /TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 411W - r�- SANJA J I f I '�j T 4TH �;T jRf-j wT it l Exhibit I SANTA ANA City Council Project No. 17-6611 Agenda Date CHESTNUT AVENUE AND PUBLIC WORKS AGENCY MaV 2, 2017 1 BUSH /CYPRESS BIKE LANES ppfjiw, I T k�, F-7 <L 7 H F Exhibit I SANTA ANA City Council Project No. 17-6611 Agenda Date CHESTNUT AVENUE AND PUBLIC WORKS AGENCY MaV 2, 2017 1 BUSH /CYPRESS BIKE LANES ppfjiw, rI- 5' Sidewalk / SHrIiA Figh City Council ■ ■ Agenda Date May 2, 2017 5' 6' 10, 10' 6' 8' '10' Sidev Bike I Lane I Lane I Bike 1 Parking I Parkway I CHESTNUT AVE Project No. 17 -6611 Chestnut Ave and Bush /Cypress Bike Lanes Exhibit 1a 20B -7 ri- CITY OF SANTA ANA REBID PROPOSAL EXHIBIT 2 PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sums) set forth in the following schedule: Item Description Qty. Unit Unit Price Amount I Install White Turn Lane Line per City of "2" 140 LF L S.A Std, Plan No. 1 12513 -1, Detail 2 Install 6" White Lines at 45 degrees at 20' 7$ LF O.0 4 Install Double Yellow per City of S.A Std. "4 ". 419 LF $ 7 $ 1P YT S Plan No, 112513-1, Detail 4 Install Two -Way Left Turn Lane per City "5 ". 240 LF $ $ 6 0®, vo of S.A Std. Plan No. 1125 -B -1, Detail �, ©' 5 install fellow Center Line per City oi' S.A "6" 2435 LF $ yy $ Std. Plan No. 112513-1, Detail 6 Install Bicycle Loop Legend per Detail "L'% 17 i EA $ [if0rvn $ 7 Install Lane Line Extension per City of S.A "S ". 223 LF $ �.+� S t,` $ t S S0' Std. Plan No. 112.58 -2, Detail .� !� S Install or Refresh Street Legends, Arrows, Bike Lane Symbols. tit EA ,QC. and 9 Install Bike Lane legend per Detail "A" 1440 SF $ $ (Green Epoxy-Modificd Acrylic). '"' ,j'yv 17a,C'0 10 Install 6" Bike Lane Line per Caltrans Sid, "39 ". 4071 LF $ $ b Plan A20D, Detail . v ri p e too 11 Install 6" Bike Lame Line per Caltrans Std. 3601 LF $ Plan A20D, Detail "39A ". 12 Install Bike Lane Merging Area per Detail "R" 3240 SF $ °j $ "�{�, (Green Epoxy- Modified Acrylic). ,-� l( 0, c, 13 Install 4" White Edge Line, 4104 LF P -1 of P-39 20B -9 CI`T`Y OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSHICYPRESS BIKE LANES FAID#: U58DP005861 Item Description Qty. Unit Unit Price Amount 14 Install Bike Sharrow Panel per Detail "S" 1080 SF $ $ and Detail "A" (Careen Epoxy-Modified l., „("/�^ 'll"7,yy� 0c, Acr lic). 15 Install New Sign. 40 EA $ $ 16 Remove Conflicting So iping. 5472 LF $ $ 17 Remove Legend. 43 LA $ rGG� $ " V( c 18 Install New 2" Square Steel Post and Sign City Sid. Plan 1504. 25 EA $f $ t vo, 0D per ot'S.A 19 Install 12" White Thermoplastic Stop Isar. ]so SF $ (( jebl''✓ $ iWV9G!� —f 0) htstall Type " Q" Bike I.anc Loops per _..— Detail "B" Modified Coltrans Std. Plan ES- __.. —. I -- EA $ � (��,�� 6 0,7, 0'p 5B. 21 _ Install Circular Type °D" Bike Loops per 21 EA t7 � "� �j D' 00 Caltt'ans Std. Plan E8-5B. r --- 22 Install Fog Seal —uW — 13696 SF $ e ' $" 'to TOTAL BASE BID F W YI W ? S, q-0 P -2 of P -39 20B -10 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861. The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. } This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within thirty (30) working daU 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 day. Name of Firm Signature of BI1 Title (If an individual, so state. If a firm or ao- 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 -39 20B -11 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: U58DP005861 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to 'furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; othenvise said funds, check, diafts, 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 bird is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIl Title (If an individual, so state. If a firm or copartnership, 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 -4 of P -39 20B -12 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: IJ58DPOO5861 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under 'penalty of perjury that he /she and all His/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E -Mail Address: Telephone: State Contractor's License No. and Class: (M j!6_4 License Expiration Date: f State Dept. of Industrial Relations (DIR) Registration No.: A ocrco \\ State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: —_ _. -- Title: P -5 of P -39 20B -13 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq„ as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harniless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of Bl1 Title DIVA Yrx\ f—in h 00C:=_ (if an individual, so state) P -6 of P -39 20B -14 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAIDM U58DP005861 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUN'T'Y OF ORANGE I SS: �CITY OF SANTA A,yNA J • 4n�.+ . being only mvoru, deposes and says: ❑ INDIVIDUAL Thai be /she is the party making the foregoing proposal: []PARTNERSHIP That he /she is a member of the co- partnership Finn designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- parnership by: who constitute the other members of the co- parnnership. � -- ORPORATION That be is of: a coglointion which is making the foregoing proposal: ❑ IOINT VENTURE Thai he is of one of the parties making the foregoing proposal as a ,joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behall'of the parties making said hid who are: that such a bird is genuine and not collusive or chain, and has not in any planner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. C'_7 - �__ Signature of Bidder Subscribed and sworn to before file this _ day of Q Oath (Notary Public) A 00181, p1 aLC or other olOCer Mm010pny 10u WOrIRatP, veuL9 §only lira ItlBrilily OY a16111 rtIV10lINl mmS'9riW fhb f10LUn100110 W thr''000'.R, B911 ®ChUtl. xntl nVl lire inflhYUlness acctm, or aha ty of that 0acunrnnl State of California. countyof,55AAwa IMLbUA Wood Subscribed and sworn to (w- afamatil) before me on tma , n day of_MAk.t`1•f +9611 .by...S� FL1 CT?6� proved b me on the basis of satisfactory evidence to be the persori who appeared before me Signptur � _iseai) P -7 of P-39 20B -15 '^ f.KiRRAtlNE MANZANARES Comm.12151dp9 �, m 1► NotayrPyplic =Californllen Sstt iRrftErdlnm Cou nty-° Comine, Egdres May 27, 3020 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIDE LANES FAID0: U58DP005861 I£NOW ALL PRESENT that, Cal Stripe, Inc. as BIDDER, and Liberty Mutual Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Bid Amount Dollars ($ l0% 1, 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 mill 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 6th day of March -12017. BIDDER" Cal Stripe, Inc,, 2040 E. Steel Road, Colton, CA 92324, (909) 884 -7170 Steve Feener, General Manager, 2040 E. Steel Road, Colton, CA 92324, (909 ) 884 -7170 SURETY* Liberty Mutual Insurance Company, 790 The City Drive South, Suite 200, Orange, CA, (714) 634 -5712 Maria Guise, Attorney -In -Fact, 1301 Dove Street, Subscribed said sworn to before me - — , 20_ Signature: this See attached California All- Purpose Acknowledgment - Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, P -8 of P -39 20B -16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I 189 I A notary public or other officer completing this certificate verities 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 ) On __ MAR 0 6 2017 before me, Heather R. Saltarelli, Notary Public ME personally appeared Here Insert Name and Title of the Off cpr Maria Guise Nameis) of Signals) who proved to me on the basis of satisfactory evidence to be the person(z) whose name( I;il is/am subscribed to the within Instrument and acknowledged to me that fwshe/tkft executed the some in bWher(tMauthorized capaclty(ia)f and that by kIii/her/thttksignature(sil on the Instrument the person(s), or the entity upon behalf of which the persorts) 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. SlgnaturJ�_ Signature of Notary Public Place Notary Sea/ Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ........ ..... Docurnent Date. Number of Pages: Signer(s) Other Than Named Above: Capacity(hes) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s). Partner — Limited General Individual X Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing:. ....... . . Signer's Name. Corporate Partner — Limited General Individual Attorney In Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - wvvw,NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 20B-17 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 7496142 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation dulyorganized under the lawaof the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Heather SaltarellP James A Schaller Jeri Apodaca: Kim LUU• Maria Guise; Michael D. Parizino; Rachelle Rheault Rhonda C. Abel all of the city of Newport Beach , state of CA each Individually If there he mare than one named, Its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 20th dayof September .2016 yNp rn.rd y1v INSUP m s gq w5c;k American Fire and Casualty Company w ; oP xru x oP v e,z a w, ror The Ohio Casualty Insurance Company Liberty Mutual Insurance Company a 7906 ri o t`Jt9 "' 1912 P 1997 West merican Insurance Company s r STATE OF PENNSYLVANIA as David M. Carey`Assismnt Secretary COUNTY OF MONTGOMERY On this 20th day of September 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained, by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed in name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5P pAer COMMONWEALTH OF PENNSYLVANIA W✓ o`orvoNwere 1�f! arterial Sa'tl yW v Teresa Psstalla Notary Publir. By: - Publicer/ Plymouthsion E:dontgamery County Teresa Pastella, Notary Public v Imny commission Expires Marcir 7n, 2n/7 p'„...)ei Momber.Pennsyly nia Assoelationof Nolories W an This PoWerofAtlomey is made and executed pursuant to an by authority of the following Bylaws andAuthorizatians ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full face and effect reading as follows: ARTICLE IV- OFFICERS - Section U. Power of Attorney. Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge: and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto . the seal of the Corporation.. When so executed, such Instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All- Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge: and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Such attorneys- in-fart subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant 10 the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -In- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,, bonds, recognizances and other surety obligations. Authorization -By unanimoua consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced sigiiaturo of any assistant secretary of the Company, wherever appearing upon a cerlifed copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid: and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W, Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty Mutual Insurance. Company, and West American Insurance Company do hereby acuity that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked MAR. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this M , day of AR C° ra 2017 7 __, 20 Poe GnigG O�' (00 5i /.q,!r+n;�� 91 y' Gregory W. Daven ort, Assistant Secrete r. B P r1' „� 153 of 500 LMS 12873_122013 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 1.7 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 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: • Streets, highways including bridge projects: ' /z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: ' /? /o of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ,k,C, Name License # /Exp. yS2, %YJ +mf3ajZvl License# /Exp. DIR Reg. # /Exp. DIR Reg. # /Exp. Location 9 *G';.E.-r 1 S?,b,,teils ` A+Location Phone ( ?t4,) Pep— 44M, Phone Type Of Work T' fPlc y'eltck' i. 2fj Type Of Work Amount $ i 0, t!— i o. c'C Amount $ Name License 4/Exp. DIR Reg. 9 /Exp. License # Location Phone Type Of Work Amount $ Name License t# /Exp. DIR Reg. # /Exp. License # Location y_ Phone Type Of Work Amount $ S nrure of Bidder Name License # /Fxp. DIR Reg. 9/Exp. License # Location Phone _ Type Of Work Amount $ Name License # /Exp. DIR Reg.# /Exp. License # Location Phone Type OI'Work Amount $ P -9 of P -39 2OB -19 CITY OF SANTA ANA RFBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSTI /CYPRESS BIKE LANES FAID#: U58DP005861 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 3. Name and Telephone Contract Amount Typ o 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. (01ct --c"-y- 1254 a q P -10 of P -39 20B-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DPOO5861 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TIiREE, public agencies for which the BIDDER or Subcontractor has performted similar work in the past five years. 4 Address of Contract Amount owner, Name and Telephone Nun nco on Contract Amount 3, CUL Na e a sd Address of otk r uar uatn project, of Work Date Completed Date Completed Name and Telephone Number of person familiar with project. Contract Amount Typ Work Late Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P -11 of P -39 20B -21 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 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 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, communications or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California t of Subscribed and st or affirmed) before me on this d 20u, by ---nroved to me on the satisfactory evidence to be the person(s) who appeared before Notary Public Signature A notary public or other olfielf completing this cerhM1cate vae0a only the Identity 01 the indlmduel who slgnad the document to rM on this caarlcale is altemled, 00 not the lruth fulness accuracy or validity of that document Stele of ealifornla. County of ZAW 0 CA HA 4,15 l A SWbectibed and sworn to (wKaHimteU) before me on thl day of MA ltd' pF o�,p 1'7 _by. �v ( FLE l.1G% proved to ma on the basis of satigtaetory ovldenee to ba the - ...... personir8 who ApMared before me Signature (l Notary P -12 of P -39 20B-22 40RRAINI ALAN A2 NANES Comm'. *2151609 Notary pp@16G. Calliligpi a'n� San Barmarrjdob County" C6mm. E rplie; INay 2` 20]0 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & 13USH/CYPRESS BHa LANES FAID#: U58DP005861 NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the noes, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regrdations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided bylaw. P -13 of P -39 20B -23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO,: 17 -6611 CHESTNUT AVE &c BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 The Contractor shall include the portion of the sentence immediately preceding paragraph (I ) and the provisions of paragraphs (1) though (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 wmrks because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:. "- Title: Firm: Date: _ / a P -14 of P -39 20B -24 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 STATEMENT REGARDING APPRENTICESIiiP REOUIR.EMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. 0 Signed: D , A Title: (r +i^own\ A*jyw ' r Finn:,1��, Dare: �o0'i P -15 of P-39 20B -25 CI'T'Y OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAIDft: U58DP005861 STATEMENT REGARDING "ANTI - KICKBACK" REQLTREMFNTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: ( , A& P -10 of P39 2OB -26 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local goverment project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P -17 of P -39 20B-27 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA -1273) 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 Firm Date ) ✓ i o P -18 of P -39 rl- CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BI1U-, LANES FA1D #:U58DP005861 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The proposed subcontractor _ �{ _, hereby certifies that he has V, has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, '11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President",.; Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt f om the equal opportunity clause are set forth in 41 CPR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract on' subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CPR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signed Title Finn Date Moll P- 19 of P -39 20B -29 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 PUBLIC CONTRACT CODE SECTION 10255.1 STATEMEN "T' In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares underpenalty of per jury under the laws of the State of California that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section, 'including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of', any public works contract, as defined in Public Contract Code Section '1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The 'bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a ,false certification may subject the certifier to criminal prosecution. Signed Title Firm Date 31to P -20 of P -39 20B -30 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been 'issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a'false certification may subject the certifier to criminal prosecution. Signed Title Finn Date ) I l aa', P -21 of I' -39 20B -31 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAiD#: U58DPOO5861 TITLE 49 CODE OF FEDERAL REGULATION. PART 29 DEBAR.hv FNT AND SUSPENSION CERTIFICATION The bidder under penalty of poiju y, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judginent rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space Exceptions will not necessarily result in denial of award, but will be considered in determining bidders responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signed Title Firn Date 3A,117 P -22 of P -39 20B -32 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 NON- LOBBYING CERTIFICATIONF FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. Signed Title Firm Date ! 1 • Slandard Form LLL may be obtained fi-om Caltrans and FHWA offices. P -23 of P -39 20B -33 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: USSDP005861 DISCLOSURE OF LOBBYING ACTIVITIES M14 DISCLOSURE OF LOGRYING ACTIVITIES Apploledb),OMB Complete this form lodisolcaq lobbying actiolies Pursuant to 31 U.S.C. 1352, MWOUS rS». '.. ev suktut. fn,,rmm&.n1oAur.A Tfyp. o17*dend Action. 2. States ofFedenat Actiam 3, Report Type: a. nonlrack & bidmoorlapplic"M a. in" filing b, want it inita3"ard b. material change 0. cooperative agreement c, poslawacd For Material Change Only: d. loan Year — quarter a. loan guarantee date of last report 1. low Insurance 4, Name and Address of Reporting EyAdy: me ❑ pow 0 autowant" and Address of Prime: Mar— ff0moom: ConoressionA District, itknown: compassionall District ff kMW2: G. Federal DeparteventlAijamly: 7. Federal Program MamelDescription: CFDA fhwtb m, Wwoft-We g. Federal Amino Number, ffM~a ff. Award Amount, Jfknulrn: W a- Name and Address of Lobbying Entity b. Individuals Performing Services thatudwy address W (rNrldmdual. tul name, firsl Mxma. Mly '" d4went 60 NO. 10A) I (tastname, Swsfmrma, xfl): (afta, c%otftftQvM Xl W-LUA lr?Aarn . .. ....... .. ........ . ........... 11. Amount of Payment {check all that wjr0y): 13. Type of Payment (du k all Malappiy): S. schal 0 Pulsed L) & Mul"ar --- 0 b am-11n,*nse t2. Fain of Payment (shack aA -- — -;;- 0&pasts odconflopeoll" oa,IrAlld;spovlv: 0 0, doe rod value El I other. 14. Brief Description of-Senhoes Performed or to be Performed and Vate(s) of Service, moulding officertsf, empit,yeels), or Memberfs) zontamed, for Payment Unheated in Item I i: t a ftd) Om A wA W we 4 a) -F t U A .Vaez@sSaPYf 15.,Contmusbon Stmells) SFA-LLA allachod: Uval, hl, .,n Signature: ,,m F1dvl Name: Mile Telephone Na: Date: kv IAG3I Reiaoculmn M LLC (M., 7A71 P-24 of P-39 20B-34 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 INSTRUCTIONS_ FOR COMPLETION OF SF -LL DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-IM- DISCLOSURE OF LOBBYING ACTIVITIES ttes iibckrueee r4rm Fire ewnFB%feHUy me f[jrwcegvntry'. k£�%ea Sere reindu 1p> t at ow lmuauntt # lIiwit of a aRn+Metlfediaw xtlM,9ramat2tkNrJlanej+. kaapre!rkxksicia9. ¢iUewSaNSlke t47e 39 U!. °C. pn i352711,luNyeraim,%Tequerimial eadtpaYtt*Mm a�rastw¢mfn MaY/t nvetwnfNarevtmvmonmwv rror lrmiavxtimrr aimmilwveb tMLLCxap aroaMem w %mrlme %uranwaa4uX.am mLeraP CenRM1Y are timid ar enwlumme tv cpax en me um is metle40 C x pwk A'+ idid w Stag appy or poN me wmwt" and mmemn geetswd 9Yyme same m' mans "ea", Nr aYeettaWlltnunwvEOre. i. 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S th5 K a malebm falaibn /Cj!MC, enter 1Y+6 WmltSh?e atilenmflarpikment rrapz m ptarnlstl SatiCwrtatle. 12 CYYN:k%Ip a}T#TayM1reletWx(e6).f'ilE % f.1 m filhat arpl y 3oMa.am dw ne an4I wm-ce aw, In -iom jHymH9. 13. R:blunk me amcp(mb, waes). Cneek al eyes final ap."IY rLLLw name. 9d_dmX.A$a4wjr4&YJ tlErenLk'iYL1aYL'Y : rrkNYi'd i,,, 4Ak4Y5k'k5b,Mgaa MWWdmi pdyd'!Itt"e.MNik W,2T$�WRS44fJ FeMM &ftl the ailam3W 3YY imd,R6 remwaI.I1Cn,mas}Mewatcgarm YBww at'uwy,nbi}Ibi Orw, 3y'eitr. It. a.MW9! Cb4e NMfi fm*Iit b':falw 1l vvey" F hiMdl'0xw..*,0di %rnpopeZean c a ere cnL:m7ay, empoypaw, vimgv 4se eweuiTaw lnat w.tR'e wadmt I5. CIM1xt% Wr,C W,T tlr I'd a SF41kF CVYWR xlGn'J1:QflG, IS aE� is. iha "Mry" vtf"mvt nlgn and 6';ie tpvtxm. pItan ~ a v,, Ed*, a"tlJaVxi8t4'YI% num *, TkY131pk1 1%4'41jM:MVlYR4'WIRS�AALt. J& d"M1ShSK'4 efn4>Fr�58143Y4NMiMn +%NQ�ffie A &ni}ECaIXf9i 9tfC*e1ip9Yd9MV1P651I8ebk'1dSY 8 vdlldiNl4g CTaYI!%{ t1ET. Yree rya 01:8 IXXtbM num9� rear it# GrR(wrnatHxh C»IMBNn 4 zAW@ Oka p3i*1ii4tt6. finU1C mF'm'Glbd LWr.1EZl idr ftAb tfi�1Ym 4Y IsKfimaLania xJteato aYerayc3Lr mnraes P%r respsrnse, axlutr>ig e� ra uvtexwnq�nsmuTF✓ss. aea¢txng exlzttTg aaLi swmes, gacbenn3 ana maMarmngcM1%etrea MII, arm 4IierJrg �6 2+ACAin9T% tkwr M isflttnsaVUf .,e*uY ammr,rals 5C'g 21e burmm 2bt/ntiie at' anY Mt✓9 abpeut of ?'nts vk9csY2u1 cd 'Cr1.4rGflNreT!3 6tlgryeWlag fIN n=wxrcr} Sari 4trU*R. YS YM CX*^.4 se 4Tar+a9amznCaM &kFYt, sapsavrxtFd2fliRilrin FhUfECk (9&d9'Jfkiah M1 "taSfbnriv�v!,. P -25 of P -39 20B -35 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17- 6611 CHESTNUT AVE d BUSH/CYPRESS BIKE LANES PAID#: U58DPOO5861 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2, Contract DBE Goat: 0% 3. Project Description: Chestnut Ave & Bush /Cypress Bike Lanes _ 4. Project Location: Chestnut Ave from Cypress to Standard, Cypress Ave from Chestnut to 1 ", and Bush St hom 1 "to Civic Center Dr. _ 5. Bidder's Name: C r't 1 S�7of `tbi , 6. Prime Certified DBE: ❑ 7. Bid Amount: _ °j `4'D 8. Total Dollar Amount for ALL 5oboontraotors: Yi a g-jo- a 0 9. Total Number of ALL Subcontrectors: i 10. Bid Item 11. Description of Work, Service, or Materials 12. DBE Codification 13. DBE Contact Information 14, DBE Dollar Number Supplied Number (Must be certiFled on the date bids are opened) Amount ii i _ ._- ....._..._ __._.. ._.....__...._....- _.- .- _...... ..... _ .... _ ..... _.._.- - -- --i i Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION $ 21. Local Agency Contract Number: v — 22. Federal -Aid Project Number: U68DP006861 / 23. Bid Opening Date: March 13, 2017 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective Itram(s) of work listed above must be consistent, whets applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and Information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate, each lis�tedd DBE Is required. t � >r1 % 26. Local Agency Representative's Signature 26. Date s 16 "rep Si nature 1Z. Date rep re t, a (9oi)�f�-7t3c2 27. Local Agency Representative's Name 28. Phone 187 a Name 19. Phone 29. Local Agency Representative's Title 20, Preparer's Title DISTRIBUTION: 1. Original -Lunal Agency 2. Copy- Caltrans District Local Assistance Enitincer (I)LAEt. Failure to submit to DLAE within 30 Clays at comract cxconion may result in de- obligation of federal Cards on oenbact. Include additional Copy with award paeknge. ADA Notice: Far Individuals with sensory disabllliles, this document is available In alternate formats. For information Dail (916) 664 -6410 or TDD (816) 654.3880 or wrlie Records and Forms Management, 1120 N Street, MS -89. Sacramento, CA 95814. L Local Agency: 2. Contact DBE Goat: P -26 of P -39 20B -36 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement, 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc), 5, Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total i contract bid dollar amount for the prune contractor. S. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUNS = (DBEs + all Non - DBEs). Do not include the prime contractor information In this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non - DBEs). Do not include the prime contractor information in tlris count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe dre exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subeontraot'od contractors. Also, enter the prime Contractor's name and phone number, if the prime is a DBE. 14, DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DEE. See LAPM Chapter 9 for how to count full /partial participation. 15. Total Claimer) DBE Participation - $: Fetter the total dollar amounts entered in the "DBE Dollar Amount" column. %; Enter the total DBE participation claimed ( "Total Claimed DBE Participation Dollars" divided by item "Bid Amount "). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15- H 178E Information - Good Faith Efforts of the LAPM), 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name, 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing dre contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20, Preparer's Title - Enter the position /title of the person signing the contractor's DBE commitment form, LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number of identifier. 22. Federal -Aid Project Number - Enter dre Federal -Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. - 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate, 26. Date - Enter the date die DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form, 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form, 29. Local Agency Representative Title - Enter the position /title of the Local Agency Representative certifying the contractor's DBE commitment form. P -27 of P -39 20B -37 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSHICYPRESS BUCE LANES FAID#: U58DP005861 EXHIBIT 15 -H DBE INFORMATION— GOOD FAITH EFFORTS DBE WORMATION - GOOD FAITH EFFORTS Federal -aid Project No. U58DP005861 Bid Opening Date March 13 2017 The (City /Countyf) Santa Ana established a Disadvantaged Business Enterprise (DBE) goal of 0 % for this project. The information provided herein shows that a good faith effort was made, Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Dates of B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates P -28 of P -39 rI- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17 -6611. CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DPOO5861 REBID C. The items of work which the bidder trade available to DBE firms including, where appropriate, any Breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y /N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and to price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and ,phone numbers of firms selected for the work above: E, Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: P -29 of P -39 20B -39 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: IJ58DP005861 F. Efforts made to assist interested DBEs in obtaining necessary equipment, Supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method /Date of Contact Results /4 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. P-30 of P-39 pqplj- l CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17- 661.1 CHESTNUT AVE 8r. BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 EXHIBIT 12 -B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) —PART I PART The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 ol'the Standard Specifications and per Title 49, Section 26.'1 1 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Lows Assistance Procedures Edmund Exiubit 12 -B Bulder•s List of Subro tdrnckin (DBE and N'DN -DBE) Exhibit 12 -B Bidder's List otsubcontractor (DBE and Nion.DBE) As of March 1. 2015 Contractors (and sub- contrwors) wishing to bid on pirbiw works contracts shall be registete d tvah the State Division of l utnstriai ReDuons and eerti6ad ra bid nn Public bYorks wulraet5. Fiance register at: 3rttox�ilina. dir. Ca. ROV/ PW< RJArtianSetvlzt? netipn =clisDIPYPWCReRi,tratipnt�orm Lt nccordance udth Title 49, Section 26.1.1 of the Code ofBederal Regulations, and Section 4104 of the Public Contract Code of the State ofcntifarma. as nmertcied. die following infornuoton k required for each subcontractor who will perform work nriwnmarg to more than one half of one Percent (0.5%) of the Total Base Bid or $10.000 (wbichevcr is areamtl. Plratncein this forin for Additional firms. Sukoutrectar Name and Lordlon Line Item D Den'lptimt sWxonttact Amount Percentage of Did new, Sub- contracted Contractor License Number DOE (Y /N) DOE Cart Number Annual Brass tteceigts DIRRe Number Naam'Trra tC y,,., ,J' e, t r Y' — j% ovex )Zi m City, state; 14 ftoii i+ <w5$l5 tl irgiliiotan ¢$15 mountn , Ago of Firm; Yrs. Name: <$1 miltan $5 mlDian City, state: c$lonstron s$15 mllnon Age of Fran s. Name: *$1 rather' - -c55 m_igon - -- r$1D miilinn City, state "$15 miilfan A e of Firm: n Name; ..' —`—` e$l million _ L—j <$s million —cry, State: —.. —� -elo million <$i5 mgiiun _ Age of Fries yis. _ Name: <$1 mllnon $5 mlihon City, Statel <$10 million 1515 W il'on ..f Fran: _ yrs. Name: —'— " —. --, <$5. Halton — ..___.. aj, rNi6inn 1$1D mYan My, State: *$15 million of F nw DiStritutinn: l)ctriginal-Lo vl Agency His 2jCOW61 -AEwj Awaidaacksge 20161 P -31 of P -39 20B -41 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: '17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAIDU: U58DP005861 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating pi -inne contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to tine prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Signed _ � I "Title Firm Date .j / I a P -33 of P -39 20B-42 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE &. BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 EXHIBIT 1C> -B - SUBCONTRACTING REUUE'ST Local Assistance Procedures Manual ,Exhibit 16 -B Subcontracting Request <t;n'IA44:TJA:tihTtEj� (' «p'' C C4L'MTrye' R R,i+t.7E �r GyE; p4r h C6'✓,vi7 Tfzzil C'fY/�XMD TA 11 f', ,( z zip Cror'sry F FW IL -Am PTd�a)p7NLwEM SL'ECOPTFAL:OR H HIP Iml p pcmmE AGEOE C CHECt:@ C CIE'k:TaEBNQFX D DOLL* AMMri 'T SA:.EU ON L U U d - -Fai t L.ategalies 2..�p243aIt$, d;. 19t tl NI ,itl 1Mt11.@ 4t I dPY I certily that:' �- 1Yle 5fllvtarli Prw�'clons (ar labor set furtli in the contract apply to the �xdxmatrncteatwark If applrrable, Foun PHG\' A- 2273 of the Special Pravioiun. dace Ueery aaae ted hl ttu :ubccntra:to ward r6ould tx ills rpmated in any ieweT -tler mtumrtrad. Writtm contract, have been awL%itM for the above:. Wd Muhcca tiactM work Tlu;:ecfivnrs tutx ecc3ySeYedtn• Ile mWnt al&i0m t- TOW atiNdlrr- 2. 5po.-tattrttmr prenowh,applovled (it kvpbmbk, W::otc Ili the acumcttmu) .,. ipKMbyttene 4iusrequet(if app ➢casb7a. cue h;otem tits vl;tmctime) 4 row ftvn 2 -3) S. C'mai€aetnr lntusi perfavmx north evsvn fWer(Cust,l minnsd) X G. Biditelnl}xc�iau=dr-rAi/xcu ected ,_ Eidf�nv.utx:xJS.m�:m iltw[ecpuet) t. Helazree fa•.vzkccntroaar to s.. fruul(Ibus l corm•° AMoied.. P -34 of 11-39 20B-43 8 p I, 1 �J®,a 5 _ If IS. Page I of 2 July 2016 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 Local Assistance Procedures Manual Exhibit 16 -B Subcontracting Request INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First -tier subcontractors must be included on a subcontracting request. Submit in accordance with Section 8 -1.01 of the Caltrans Standard Specifications. Type or print requested information. information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the Yo of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of a DC -CEM -1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE /MBE /WBE /DVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified DBE /MBE /WBE/DVBEs. NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to complete and submit the Certificate of Insurance (State Form DH -OS -Al OA) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the specified insurance has been approved. Page 2 of 2 July 2016 P -35 of P -39 CITE' OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSIi/CYPRESS BIKE LANES FAID#: IJ58DPOO5861 DIFFERING SITE CONDITIONS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the infomration you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Eitgirreer'slLrnestigatimr arad➢ecisiorz Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both Signed Title Firm Date Jlt 49, P -36 of P -39 20B -45 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL, OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the " Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title Firm Date 3ZI 60 7 P -37 of P•39 rl- CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 NEPA COMPLIANCE FOR FEDERAL, AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Categorical Exemption /Categorical Exclusion Determination Form including and not limited to the National Environmental Policy Act (NEPA) requirements and environmental commitments found in the appendix of the Contract Documents of this project. Signed Title Firm Date I 1 IV 11-38 of P -39 20B-47 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID #: U58DPOO5861 TMP COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Traffic Management Plan (TMP) commitments found in the appendix of the Contract Documents of this project. Signed Title Firm Date i / 1 L' P -39 of P -39 r1- CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 17 -6611 CHESTNUT AVENUE AND BUSH /CYPRESS BIKE LANES This CONSTRUCTION CONTRACT is made and entered into this 2 ❑d day of May, 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 Cal- Stripe 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 Chestnut Avenue and Btrsh/Cypress Bike Lanes 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 Constiurtion Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Docuunents, the precedence of documents shall be as established in the Standard Specifications for Public Works Constriction. 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 Eighty -four Thousand Eight Hundred Seventy -five Dollars and Forty Cents ($84,875.40), 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 rl- -• Page 1 of 3 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 timefi•ame 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. G. 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 guarattee 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, famish 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 %) 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. 20B -50 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: JOHN 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: Cal -Stripe [lie. NAME: TITLE: 20B -51 Page 3 of 3 20B -52 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17 -6611: CHESTNUT AVENUE AND BUSH /CYPRESS BIKE LANES Construction Contract $ 84,875.40 Contract Administration $ 6,861.00 Ins ection and Testing $ 5,871.60 Contingencies $ 11,142.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 108,750.00 EXHIBIT 4 20B -53 20B -54