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23B - AWARD CONTRACT TO PAVEMENT COATINGS CO.
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AWARD CONTRACT TO PAVEMENT COATINGS CO. FOR CONSTRUCTION OF LOCAL STREET SLURRY SEAL FY 2016-2017 (PROJECT NO. 17-6882) (STRATEGIC PLAN NOS. 6, 1B; 1C; 1G) CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a construction contract and authorize the City Manager and Clerk of the Council to execute a contract with Pavement Coatings Co., the lowest responsible bidder, in accordance with the base bid in the amount of $862,862, for the term beginning upon execution of the contract and ending upon project completion, for the construction of Local Street Slurry Seal FY 2016-2017 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 $962,862, which includes the contract bid amount, administration, inspection, testing, and an authorized contingency of $50,000. Amend the Fiscal Year 2014-15 Capital Improvement Program and approve the reallocation of $412,862 in Measure M2 Local Fairshare funds from Project No. 15-6839 to Project 17- 6882. DISCUSSION The City's Pavement Management Program has been developed to identify the preventive maintenance requirements for the City's street network. The recommended local street segments (Exhibit 1) have been identified as high priorities for slurry seal. The recommended work consists of preparing the roadway by performing minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, striping, and signage. Once completed, these improvements will enhance the ride quality, surface drainage, appearance of the neighborhood, and extend the life of the pavement. A Notice Inviting Bids was advertised on May 2 and 9, 2017, and bids were opened May 23, 2017. The following is a summary of the bid invitations made and the bids received: 2313-1 Award Construction Contract for Local Street Slurry Seal FY 2016-2017 June 20, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 9 Contractors requesting bidding documents 9 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Pavement Coatings Co. Mira Loma, CA $862,862 2 All American Asphalt Corona, CA $873,177 Two bids were received and both were considered responsive. Pavement Coatings Co. submitted the lowest responsive bid in the amount of $862,862 (Exhibit 2) and is comparable to the Engineer's Estimate of $800,000. Based on a bid analysis, the contractor's past performance, and a reference check, staff recommends award of this contract to Pavement Coatings Co. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2017-43 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $962,862, which includes construction, contract administration, inspection, testing, and a contingency of $50,000. Upon approval of the requested amendment to the FY 2014-15 Capital 23B-2 Award Construction Contract for Local Street Slurry Seal FY 2016-2017 June 20, 2017 Page 3 Improvement Program, $412,862 will be available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 17-6882) for expenditure. The remaining funds in the amount of $550,000 are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 17-6882). All funds are to be expended in Fiscal Year 2017-2018. Freq Mou a ipo r Exe utive 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: C�\nMn% A r .) '�N - 1Ad � y Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 SANTA ANA Me. PWA' ACrrY c O DATE CONTRACT AWARD FOR �, .a A AT LOCAL STREET SLURRY SEAL 2016-17 C . S .aK. (PROJECT NO: 176882) — s y.i£.�•.. w6snal •v ^ ••• iR ZZ l Liltti }� 'WARD 3 — _— lit FT Doi i \ -i • -. -� i S E 9 f 1 I i i e - ! a IF �- _ tr _ Li. °-. t!.L1-! t, tu'lI Iii --il4A ...r:. I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal S,_ e � T - Ii illii 11 C - - 'u 1 l 1 U1ila tl i._. -u. 14 _.: FIIJ I11 }fL _._iJ •.J 1'a�_iJ i. i,�ho L u_LtJ t I Lt;a' i t e 1 . 1, f �- 11 1 _,.L -.}J I i i_! :.I I 1 �l I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal � T - :. - •. III 4 Y l i 'u 1 l 1 U1ila tl i._. -u. 14 _.: FIIJ I11 -._� _._iJ •.J 1'a�_iJ i. i,�ho l� ulfi 1 �l :IIT I! III 10 I lit :: It ll llE I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal ARD 3 JA _ _-c.... r r r wR n1WO�-3. IJ � � rirtr ji �JS. vn� GS�es� vt�:l.t�t�l.j� s:l .- Riverview West (SouN Sectlnn) Schools = Parks EXHIBIT 1 23B-7 INCLUDED IN SLURRY PROJECT 0 350 ]M Fttl r(�IrOT�[ p w t�'�1,' i ccTDPSx v �, 7al G y�rq i'I�l1 M 1 - MrFeLJ� p WARD 6 1c-- II SI I.L I9, ji �JS. vn� GS�es� vt�:l.t�t�l.j� s:l .- Riverview West (SouN Sectlnn) Schools = Parks EXHIBIT 1 23B-7 INCLUDED IN SLURRY PROJECT 0 350 ]M Fttl CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 RID PROPOSAL. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Pavement Coatings Co, 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 prices) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 6o CY $ $ 385,00 23,100.00 2 Cold Mill (2") 53,000 SF $ $ .26 13,780.00 3 AC Pavement 780 TN $ $ 83.60 65,208 4 Rubberized Emulsion Aggregate Slurry 1,050 TN $ $ (REAS), Type 1I 644.50 676,725.00 5 Adjust Manhole Frame & Cover to 4 EA $ $ FinisbedGrade 1,650.00 6,600.00 6 Furnish and Install New Water Valve 4 EA $ $ Frame & Cover to Finished Grade 1,100,00 4,400.00 7 Temporary Constntction Sign 6 EA $ $ 366.00 2,196.00 B Crack Sealing _ 1 LS $ $ 42,900.00 42,900.00 9 Protection of Surface Utility Frames & 1 LS $ $ Covers 4,200.00 4,200.00 10 Signing and Striping 1 LS $ $ 23,753.00 23,753.00 P-1 of P-16 23B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 TOTAL BASE BID The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, by October 31, 2017, or within thirty (30) )ygrking days after the commencement date stated in the Notice to Proceed, whichever occurs earlier. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,800 per calendar day. Name of Firm Pavement Coatings Co. Signature of BIDDER Title President (I£ an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation; state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 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 fiords, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm, avem n urngs Co. Signature of"BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Tom Mucenski, Secretary Nathan Beyler, Treasurer P-3 of P-16 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 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: Pavement Coatings Co. Business Address: 10240 San Sevaine Way, Jurupa Valley, Ca 91752 Business E -Mail Address: dford@pavementcoatings.com Telephone: 714-826-3011 State Contractor's License No. and Class: 303609, A & C32 License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No,: 1000003382 State Dept. of Industrial Relations (DIR)6/30/18 6/30f 1 Registration Expira at Signed: Title: President P-4 of P-16 23B-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 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 bold 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 Pavement_QAetings Co. Signature of BIDDER Title President _ (if an individual, so state) P-5 of P-16 23B-12 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAs. STREET SLURRY SEAL 2016-17 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) D.ua F.,d , being duly sworn, deposes and says: ❑ INDIVIDUAL That helshe is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member ofthe co -partnership firm designated as: and who has been and is duly vested with the authority to snake and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. XCORPORATION That he is of: Pavement cedogs ca. -- a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That 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 behalf of the patties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the propos ontr ct, for himself or any other person. Signature of Bider Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) P-6 of P-16 23B-13 a• „r a :.i iF 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 T)l\1R Irm ou, ) On a (r before me, Sh Lne, A -f iY) ' r n . Nc?+A ro , !Jae , Here Insert Name and Title qtkhe Officer personally appeared Name(of who proved to me on the basis of satisfactory evidence to be the person whose name() Is/ate subscribed to the within instrument and acknowledged to me that he/stieft� executed the same in his/hdritheJr authorized capacity(ig�, and that by his/hor/tht(eir signature(O on the instrument the person, or the entity upon behalf of which the person((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. nWITNESS n +sraoNa Notary public- California z ;:w e' �. e. Rrvafside Coeety Commission # 2169350Signature M Comm. Expires Oct 24, 2020+ and official seal. Public Place Notary Seal 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: i7 'i&Q -1Document Date: Number of Pages: _ Signer(s) Other Th n Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ 0 Corporate Officer — Title(s): Partner— Limited � General I Individual I:J Attorney in Fact Ci Trustee C Guardian or Conservator Ct Other: Signer Is Representing: Signer's Name: Corporate Officer -- Title(s): i -t Partner -• C7 Limited P General L:i Individual 0 Attorney in Fact C Trustee Cl Guardian or Conservator C'. Other: Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-14 KNOW ALL PRESENT that, Pavement Coatings Company as BIDDER, and The Chin C:asnalty Insurance cDmp ryas SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ .Ten Percent of Amount Bid Dollars ($_L00/6 of Amount Bid ), which is tort percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sutra, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seat this 19 day of May , 20J 7 . BIDDER* Pavement Coatings_,(lexnpany 10240 San Sevaine Way, Jurupa Valley, CA 91752 951-682-1091 SURETY* The Ohio �&aU nsur fic Company 625 Maple Avenue Keene NH 03431 800-763-9268 gy; , ff f 1800 East Lambert Rd., Suite 225, Brea, CA 92821 714-257-9644 Richard L. Wells (Attbfliey-In-Fact) Subscribed and sworn to before the .20 Signature; Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23B-15 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Ilmits rho acts of those named herein, and they have tic authority to Wild the Company except in the manner and to the extent herein stated. Cedtficate No. 7666886 Liberty Mutual Insurance Company m The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a -corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the latus of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein colleotively called the ,`Companles ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Moroney Lynn A. Slone; Richard L Wells all of the city of BREA , slate of CA each individually if there be more than one named, Its true and Itav l attorney-tilfecCto make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its actand deed, any -and all undertakings, bonds, recognlzances 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 dean subscribed by air authorized off fear or official of the Companies and the col poste seals of the Companies have been affixed thereto this lath dayof March 2017 LSv v$; tuuvt owes - ,,V"�, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company o U a '1472 a 7901 West P,mericanInsurance Company STATE OF PENNSYLVANIA as - OawdM Carey, Assistant Secretary +_ COUNTY OF MONTGOMERY _ pT Ort Utis 13th day of March, 2017 ,before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U to Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >. p 7 -therein contained: by Signing on behalf or the corporations by himself as a duly authorized officer. oY �. IN WITNESS WHEREOF, have fiereuntasrihacribed my name and affixed my notarial seal at King of Prussia, Pennsylvania on the day and yearflrst sieve written 0 'ey p PRSY OOMMONWEALTN OF PENNSYLVANIA f /1�0- o �,. ew .._ y i LC.Cn�R/ 'II 24 sax ear �� ' NOVIql seal .Jhh @,N h u i %' 1 Ta Ova Posalla Natty Public By. ..,._ U 0 fV °F r upon bt pea Twp Montgo very Cornly Teresa Pastella,Notary Public y a My (,omndss cn Expir s M�,¢h 2a 2021 9 an5'YIVb C 9F9F1y P1�� Marius Pf,msylv,6o AllGehnr ut Miaros 0 D. C as This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations ofThe Ohio Casualty Insurance Company, Liberty Mutant _� 01 Insurance. Company, and West American Insurance Company which resolutions ate now in full force and effort reading as follows: w so do ARTICLEIV- OFFICERS -Section 12 Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or- the President, aodsubject O > Y. to such limitation as the Chairman or the President may prescribe, shall appoint such raorneys hi -fang as may be necessary to act inbehalf or me Corporation to make, execute, seat, O,S acknowledgeand deliver as surety any and all undertakings, bonds recognizaneis and other surety obligations, Such aflorneys-tn-fact, subject to the imitations set forth intheir 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 seat of the Corporation. When so rp as executed such instruments. shell be as binding as If signed by the President and attested to by the Secretary. Anypower or authority granted to any representative or attorney-m-factunder > ,2 the provisions of this article maybe revoked at any tine by the Board, the Chairman, the President or by the officer or officers granting such power or authority. .� U ARTICLEXIII -Execution of Contracts - SECTION 5. Surety Bonds and. Undertakings. Any officerof the Company authorized for that purpose in writing by the chairman or the president, > w and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -m feet, as may be facassary'to actin behalf of the Company to make, execute, b seal, acknowledge. and deliver as surety any and all undertakings bonds, recognizences and other surety obligations. Stich attorneys in -fact subject to the limitations set forth in their Z 47 respectivepowers of attorney, shall have full power to Bund the Company by their signature and execution of any such instruments and to attach thereto the sea of the. Company. When so 0 executed such Instruments shall be as binding as if signed by the president and attested by the secretary. 0 Certificate of Designation—The President of the Company, acting pursuant to the Bylaws of Company, authorizes GaAs M, Carey Assistant Secretaryto 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, recognlzences and other surety obligations. " Authorization By unanimous consent of the Company's Board of Directors,. the Company consents that facsimile or mechanically reproduced sigrodure of anyassistant secretary of the Company, wherever appearing upon a certified copy of any power of attpmey Issued by the Company In connection wild surety bonds, shall be valid and binding upon. the Company with the same force and effect as though manually at➢zed. - - I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby sanity that the original power of attorney of which the foregoing is a full, has and correct copy of the Power of Attorney, executed by said Companies, is in full force and affect and .has not been revoked, IN TESTIMONY WILL EREOF I have Laotian to set my hand and affixed the seals of said Companies this 19 day of May 20 17 �(Y IMSp0E., BYICRet1 zee of sob 114312873 022017 23B-1 6 CALIFORNIA ALL -Dot RPOSS A0KNOWLEDGMENT CIVIL CODE § 1189 FAnotarNy public or otherofficer complexing this certificate vanillas 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 May 19, 2017 before me, Lynn A. Slone, Notary Public Date Here insert Name and Title of the Offloer personally appeared Richard L. Wells Namo(s) of Signer(s) who proved to ma on the basis of satisfactory evidence to be the perscn(� whose narnew is/are subscribed to the within instrument and acknowledged to me tl iat heAW4bay executed the name in his/herlthoir authorized capaolty(ias), and that byhIs/heft*rsIgnature(!4on the instrumentthe person(, or the entity upon behalf of which the parson(N acted, executed the instrument, LYNN A. $LONE t Orange County Commission ja MOO ;(DM;COMM, Ex ires Deo 10, 2019 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 sea]. Signature—,Z/ 9 &'��igclnattJ6 6fary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can dater alteration of the document of Fraudulent reattachment of this form to an unintended document Description all Attach4ad Document Title or Type of Document: — Number of Ii — Signer(s) Document Date: Other Than Named Above: Caleacity(les) Claimed by Signer(s) Signer's Name: Cl Corporate Officer — Title(s): El Partner ... I Limited EI General 1-1 Individual El Attorney in Fact .3 Trustee El Guardian or Conservator I'") Other: Signer Is Representing: Signer's Name! E.) Corporate Officer — I itle(s): 1'.1 Partner — ("I Limited El General El Individual G Attorney in Fact El Trustee D Guardian or Conservator M Other: Signer Is Representing; 020,14 National Notary Association - www.NationalNotai,y.org - 1 -800 -US NOTARY (1-800-876-6827) Item#6907 23B-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 gailfornia ) County of )W,(Sid_ !.. �the On _ �� l before m�t Here Insert Name and Ti fficer personally appeared of Signel who proved to me on the basis of satisfactory evidence to be the person(s/whose name(§) is/ane subscribed to the within Instrument and acknowledged to me that he/stip/tf by executed the same in his/hqr/th4r authorized capacity(lq), and that by his/Inpr/their signatureO on the instrumentthe person{, or the entity upon behalf of which the person(�f 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. waa�n WITNESS ., SUNSHINE ARMSTR0N6 Notary Politic - California Riverside County Commission # 2169350Signature My Comm. Expires Oct 24, 2020) hand and official seal. Notary Public Place Notary Seal 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 Do meat Title or Type of Document: I 1 Document Date: �y 5 �"f • jj I� Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: -I Corporate Officer — Title(s): 0 Partner — 1-1 Limited ❑ General [.1 Individual ❑ Attorney in Fact D Trustee [a Guardian or Conservator C7 Other: Signer Is Representing: Signer's Name: t5 Corporate Officer — Title(s): 1 Partner — 111 Limited tI General CI individual D Attorney in Fact D Trustee tJ Guardian or Conservator I__ Other: Signer Is Representing: ©2014 National Notary Association ^ www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-18 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/M of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name I.l�trr$eG4 f Iwt(° . Name _ g, S _ 6 ° License Exv 9l= F-4, Q. 12141 i q License #/Exp. DIR Reg. #/Exp, 1 e62 rap � I DIR Reg: #/Exp.. I Location Location Phone "11t4 -t JASt Phone Itq - cnt4 g tic)0 Type Of Work ` —1 a to Type Of Work VtA - `Z Amount $ u7 �oo6 . tSt � Amount $ CO Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DTR Reg, #/Exp, License # Location Phone Type Of Work Amount $ Name License#/Exp. DIR Reg. #/Exp. _N License # Location Phone Type Of Work Amount $ P-8 of P-16 23B-19 M CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 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 Buena Park 6650 Beach Blvd.. Buena Park, CA 90822 (2014.15 Slurry Seal. Project 4558 Bid No.. 2014-11) Name and Address of Owner. Wood Nousome, wnousome@buenapark.com, (714) 562-3678 Name and Telephone Number of person familiar with project. $541,920.00 Install Type I REAS 4/2/2015 Contract Amount Type of Work Date Completed 2, City of Santa Monlcal Sully -Miller Contracting Co. 1685 Main St., Santa Monlca 90404 ( Annual Paving & Sldev alk Repair Project) Name and Address of owner. Hany Yanni Demitrim, RE, Hanny.Demitri@SMGOV. NET (310)458-2201 ext 5385 Name and Telephone Number of person familiar with project. $493,220.00 Install Type II REAS 4/21/2015 Contract Amount Type of Work Date Completed 3. San Diego Gas & Electric/ A.&M. Ortega Construction, Inc. 8326 Century Park Ct., San Diego, CA 92123 Name and Address of owner. Junior, (619) 820-8017 Name and Telephone Number of person familiar with project. $158,494.00 Install Type II REAS Contract Amount Type of Work 4/2/2014 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. The Ohio Casualtv Insurance Co. 790 The City Drive South, Suite 200 CA. 92868 714-634-3311 P-9 of P-16 23B-20 Adamson & McGoldrick 1800 E. Lambert Rd. Suite 225 Brea, CA 92821 714-257-9644 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TIIRER public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Cathedral Name and A& 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 ( East Palm Dr. Slurr, 770-0349 Name and Telephone Number of person familiar with project. $165,400.00 Type II REAS 11/17/2015 Contract Amount Type of Work Date Completed 2. City of Culver Name and J J. ChristoO 9700 Culver Blvd. Culver City CA 90232 of owner. 101253-5621 Name and Telephone Number of person familiar with project. $376,668.00 REAS Application 8/3/2012 Contract Amount Type of Work Date Completed City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA. 92250 (2014 Slurry Seal Project No. 75114, Contract 033230 Name and Address of owner. Ryan Gayler, 760-776-6450, rgayler@citypalmdesert.org Name and Telephone Number of person familiar with project. $1,608,780.00 PRMS Slurry Seal -Type II 8/28/2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. The Ohio Casualty Insurance Co. Adamson & McGoldrick 790 The City Drive South, Suite 200 1800 E. Lambert Rd. Suite 225 Orange, CA. 92868 Brea, CA 92821 714-634-3311 714-257-9644 P-10 ofP-16 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 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, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal Signed State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this day of , 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-11 ofP-16 23B-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County 0ibl i up rR I cL ) j j On t 1 before me, a itI I v Data Mere Insert Name and Title of � Officer personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person,O whose name) is(aA subscribed to the within instrument and acknowledged to me that he/sOlti)ey executed the same in his/hlr/thbir authorized capacity(iV and that by his/hir/tolr signature(Von the instrument the persorLK, or the entity upon behalf of which the person(9acted, 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. Ah SUNSHINE ApMSTgoile WITNESS an hand and official seal. Notary Public • California Riverside County Commission $1 2169350 Signature M COMM. Ex ire$ 0e 24.2620 9'igharttfe of Notary Public Place Notary Seal Above OPTff7NAA. 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: 0,(I US1 Qj Document Date: `Z Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): J Partner — ❑ Limited EI General CJ Individual D Attorney in Fact EI Trustee ❑ Guardian or Conservator fl ntharr, Signer Is Representing: Signer's Name: C Corporate Officer — Title(s): C] Partner — ❑ Limited ❑ General 0Individual r Attorney in Fact ❑ Trustee C:; Guardian or Conservator EJ Other: Signer Is Representing: 02014 National Notary Association • www,NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-23 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall famish 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 riles, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23B-24 CITY QR SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made, in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Cha Signed: Title: President Firm: Pavement Coatings Co. Date: 5/22/17 P-13 of P-16 23B-25 CITE' OF SANTA EBNA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 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 amour California Apprenticeship Council. Signed: Title: President Pavement 1r Coatings Date: 5/22/17 P-14 of P-16 23B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 STATEMENT RECrAR]]INCi "ANTI-KICLCBACK" REOUSREMENTS 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 otbe ' e e 'tied. Signed:, Title: President Firth: Pavement Coatings Co. Date: 5/22/17 P-15 of P-16 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire; Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 23B-28 PAVEMENT COATINGS CO. 10240 San Sevaine Way Mira Loma, CA 91752 Contractor's License #303609 City of Santa Ana Public Works Agency. Receptionist Third Floor, located in City Hall TTO Ross Annex, 2.0 Civic Center Pla2a,11-22, Santa Ana,CA 92701 Bid Proposal: Project No, 17-6882, Local Street Slurry Seal 2016-2017 Bids: Tuesday the 23rd day of May,2017 2:00 PM 23B-29 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 17-6882 LOCAL STREET SLURRY SEAL 2016-17 This CONSTRUCTION CONTRACT is made and entered into this 20th day of June, 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 Pavement Coatings Co. (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 Local Street Slurry Seal 2016-17 Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Hundred Sixty -Two Thousand Eight Hundred Sixty -Two Dollars ($862,862.00), 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. 12i20i2ot6 238-30 Page I 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 timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials famished (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%) of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H 238-31 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: _ t JObW FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager CONTRACTOR: Pavement Coatings Co. DOUGFORD President 23B-32 Page 3 of 3 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6882: LOCAL STREET SLURRY SEAL 2016-17 Construction Contract $ 862,862.00 Contract Administration $ 16,700.00 Inspection and Testing $ 33,300.00 Contingencies $ 50,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 962,862.00 EXHIBIT 4 23B-33 23B-34