Loading...
HomeMy WebLinkAbout20B - AA SANDPOINT PASEO LIGHTINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 19, 2017 TITLE: AWARD CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC. FOR CONSTRUCTION OF SANDPOINTE PASEO SECURITY LIGHTING (PROJECT 16-2648) (STRATEGIC PLAN NOS. 6, 1C & 1G) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject all bids received on October 10, 2017, for construction of the Sandpointe Paseo Security Lighting project due to changes in the scope of work. 2. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $176,425, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Sandpointe Paseo Security Lighting project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve an appropriation adjustment recognizing $30,000 from prior year fund balance revenue in the District 3 A&D fund revenue account and appropriating the same into the District 3 A&D fund expenditure account. 4. Approve the Project Cost Analysis for a total estimated project delivery cost of $238,174, which includes the contract base bid, administration, inspection, testing, and a $35,285 contingency. DISCUSSION The existing paseo in the Sandpointe Neighborhood that leads to Sandpointe Park from the adjacent homes does not have any lighting (Exhibit 1). Due to safety concerns, it is recommended that security lighting be installed along the paseo. The improvements include the installation of new light poles and foundations, underground conduit and wiring, and energy- efficient LED light fixtures. The new paseo lighting system will connect to the existing park lighting system. Once completed, these improvements will add security lighting and enhance visibility along the Sandpointe paseo. 20B-1 Award Contract for Sandpointe Paseo Security Lighting Project December 19, 2017 Page 2 The project is funded by Park Acquisition & Development (A&D) Funds and was approved by City Council in the Fiscal Year 2015/2016 Capital Improvement Program. A Notice Inviting Bids was originally advertised on September 19 and September 23, 2017, and bids were first opened on October 10, 2017. Only two bids were received, and both were substantially over the engineer's estimate. As a result, the scope of work was adjusted and the project was advertised again on October 28 and November 2, 2017, and bids were opened on November 15, 2017. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 8 Contractors requesting bidding documents 6 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 California Professional Engineering, Inc. La Puente $176,425.00 2 PTM General Engineering Services, Inc. Riverside $247,042.00 3 Econolite Systems, Inc. Anaheim $315,720.48 A total of three bids were received and all were considered responsive. California Professional Engineering, Inc., submitted the lowest responsive bid in the amount of $176,425 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to California Professional Engineering, Inc. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) 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, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2017-49 has been filed for this project. 20B-2 Award Contract for Sandpointe Paseo Security Lighting Project December 19, 2017 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $238,174, which includes construction, contract administration, inspection, testing, and contingencies. $177,174 is available in the District 3 A&D Fund Improvements Other Than Building account (No. 31313260-66220) and $31,000 is available in the District 3 In Lieu Fund Improvements Other Than Building account (No. 31313261-66220). Upon approval of the requested appropriation adjustment, $30,000 will be recognized from prior year fund balance in the District 3 A&D Fund revenue Miscellaneous Receipts account (No. 31313002-50001) and appropriated into the District 3 A&D Fund Improvements Other Than Building expenditure account (No. 31313260-66220). All funds for Project 16-2648 will be expended in Fiscal Year 2017/18. r 11L— re Mousavipour Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency , FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis r1- APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez fir, Executive Director Finance & Management Services Agency r�- mo IMMEMoMmill ■ MACARTHUR BLVD (TALBERT AV) ® PROJECT LOCATION EXHIBIT 1 ll p SANTA ANA II�� CITY COUNCIL SANDPOINTE PARK SECURITY LIGHTNING .• PWA : AGENDA DATE: (PROJECT 6-2648) `r DECEMBER 19, 2017 MLIC �IS AGENCY PAGE 1 OF 1 r1- rI- L=ANU-3yf_K CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price O 00 Amount 1 SANDPOINTE PASEO SECURITY LIGHTING 1 LS $$�pJ $ ISo OOU 2 ADDITIONAL LIGHT POLE ASSEMBLY* 1 EA $ (,, 000 $ 6,0L30 3 ADDITIONAL WIRING* 150 LF $ e2.00 $ 30o 4 ADDITIONAL CONDUIT* 150 LF $ 3S.00 $rns0 5 REMOVE TREE* 2 EA $2315 $ Gl$o 6 ROOT SHAVE* 5 EA $ 3 qS $ 1-I 25 7 PCC SIDEWALK (T=4")* 200 SF $ ag $ 6.00D 8 PCC GRINDING* 3 EA $ $O O $ 2400 TOTAL BASE BID $ 17 6 ,.t125 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 4'25%" 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT 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 FORTY-FIVE (45) working days 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 $500 per calendar day. Tame of Firm California Signature of BIDDER Title Van Nguyen - President Vice President, SecrMary, Treasurer Manager (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.) ✓i: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a 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 foregoingJis true and correct. Name of Finn California Professional Eno nl L�erina_ Inc A / Signature of BIDDER Title Van Nquven - President. Vice (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.) W CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT 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: California Professional Engineering, Inc. Business Address: 929 Otterbein Ave Unit E La Puente, CA 91748 Business E -Mail Address: van@cpengineeringinc.com Telephone: 626-810-1338 State Contractor's License No. and Class: 793907 A, C-10 License Expiration Date: 4/30/2019 State Dept. of Industrial Relations (DIR) Registration No.: 1000001980 State De Registrar Signed: Title: 20F§P fo CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works' and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm California Professional Engf eedn_q Inc. Signature of BIDDER Title Van Nquven - President. Vice (if an individual, so CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) s/4n1 N 6m%jeIN) , being duly sworn, deposes and says: ❑ 1NDIVIDUAL Thal he/she is the party nicking the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly Nested with the authority to mnke and execute instruments for the co -partnership by: who constitute the other members of the copartnership. Fi�CORPORATION That he is of: President QAt,ffvO.NiA ppoyezylsr�t'r-rrsi-ry�iNc�,iwc a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the panics making die foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties ranking said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed c\ontr�U or hil ts�lf or any other person. Signature Subscribed and sworn to bkfore me this 14 day of nwveriA.P,� 2011_ Signature of officer Administering Oath (Notary Public) PLCASE 56E A -c c}tt;D zddflt CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of tf C%F0i-Nt A } County of tam nr4breas } On rlcuccAsca,y me, visFrN t�w(Ter+arm -�pL, _before scrt-—tu.ewce personally appeared ^T' NorM 'ZW -basis who proved to me on the of Satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VIVIAN TRAN COMM. # 2216688 WITNESS my hand and official seal.NOTARY PUSUC.CALIFORNIA 0-y LOS ANGELES COUNTY ` omm. Erp lm Cdober 2.2021 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION TIN fornr complies with current California statutes regarding notmy wording and. ifneeded should be completed and attached to the document. ACAnowledgnhems DESCRIPTION OF THE ATTACHED DOCUMENT from other sloes nnm be completed for docianents being sent to dol stale long as the vording (foes not require the California notary to violate California notal Inv. ription of attached document) N State and County information must be the Slate and County where the document signer(s) personally appeared before the notary public for acknowledgment. ® Date of notarization must be the dale that the signer(s) personally appeared which ription of attached document continued) must also be the same date the acknowledgment is completed. ® The notary public mast print his or her name as it appears within his or her Pages Document Date commission followed by a comma and then your tilts (notary public). _ N print the nmes) or document signer(s) who personally appear at the time of notarisation. CITY CLAIMED BY THE SIGNER 0 Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shchhei- is /are ) or circling the correct forms. Failure to correctly indicate this Individual (s) infornmalion may lead to rejection of document recording. orporate Officer R 'nme notary seal impression must be clear and photographically reproducible. L p�YOLrN.I Impression must not cover text or lines. If seal impression smndges, re -seal if a Tilfe�— sufficient area permits.otherwise complete:m different acknmsiedgment form. R Signature of the notary public must match the signature on file with the once of Partners O the county clerk. Attorney -in -Fact 0 Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. 0 Indicate title or type of attached document, nmber of pages and date. �ffler 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). n t+nwv.NotaryClasses.com 800-873-9865 Sc2rA attach this document to the signed document with a staple. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SAN DPOINTE PASEO SECURITY LIGHTING PROJECT KNOW ALL PRESENT that, California Professional Engineering Inc. as BIDDER, and Allied World 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 Total Bid Amount Dollars ($ 10.0% of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of November -1201-7. BIDDER" �t1 California Professional Engineerinq In&929 Otterbein Avenu4te. E, La Puente, CA 91748 ,T: 626-810-1338 SURETY* Allied World Insurance Company, 550 S. Hope Yung T. Mullick, Attorney-irf act, 24800 Ch Subscribed and sw n to before me .20 Signature: See Attached Notary Public in and for the County of Los Angeles, CA 90071; T: 213-416-1453 Drive, Suite 160, Mission Viejo, CA 92691 , T: 949-461-7000 this day of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 20B-14 CALIF®RN@A ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of epttpoo-wta } County of KGs ANcc�Les } On tJcgeKoo 11{ pan before me, V`Wt'W zahN , N-122 PURil ere msen name a 4 a o r e orcxer personally appeared V?rN tv ew who proved to me on the basis of satisfact6fy evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.VIVM convYl.a z2tsses COMM. WITNESS my hand and official seal.€m` NOTARY PUBLIC-CALIFORNIA OMT LOS ANGELES COUNTY Comm. Expiats Water t. 2021 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INST1tUCTIONS FOR COMPLETING THIS FORM This form cmnplles u'ldt Current California staturesregarding rmlmT u•axling and, DESCRIPTION OF THE ATTACHED DOCUMENT iftteeded shotdrl be conrpleled and anaeherllo the document.ifeknon•ledgntent.s front odrerstates n¢m be contpleled for documents being sent to that stale so long as the wording does not require the California notap to violate California norm)• lmv. (Title or description of attached document) 0 State and County information must be the State and County where the document signer(s) personally appeared before the notary public Ibr acknmvledgment. ® Dale of notarization must be the date that the signer(s) personally appeared which (Title or desaiption of attached document continued) must also be the same date the acknowledgment is completed. 0 The notary public must print his or her name as it appears within his or her Number of Pages _ Document Date commission followed by a comma and then your title (notary public). 0 Print the name(s) of document signer(s) who personally appear ;it the time of notarization. CAPACITY CLAIMED BY THE SIGNER E Indicate the correct singular or plural herons by crossing off incorrect fumes (i.e. he/she/they. is /are) or circling the correct fans. Failure to correctly indicate this Individual (s) intonation may [cad to rejection ordocument recording. Corporate Officer 0 The notary seal impression must be clear and photographically reproducible. P(L�yOVsTt-( Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) 0 Signature of the notary public must match the signature on file with the office of the County clerk. ❑ Attorney-in-Fact 0 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a di fferem document. Other ® Indicate title or type of attached document, number of pages and date. L3® Indicate the capacity clairned by the signer. Ir the claimed capacity is a cutporate nicer, indicate the title (i.e. CEO, CFO. Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 ec I (tach this document to the signet) document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On November 13, 2017 before me, Irene Luong Notary Public, Date Insert Name of Notary exactly as it eppearson the official seal personally appeared Yung T. Mullick Ills) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) _ IRENELUONG Notary Public - Califomla acted, executed the instrument. 3 Orange County Commission; 7207169 1 certify under PENALTY OF PERJURY under the laws of My comm. Expireslul27,2021 the Slate of California that the fore o' paragraph is true and correct. Witness mAhanda Signature Place Notary Seal Above r e uong OPTION pAL Though thandfcouldfprevent fraudulentt removal and law reattachment of the form to anotherydocument.document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General row Im ❑ Attorney in Fact•• El Attorney in Fact ❑ Trustee •❑Trustee F1Guardian or Conservator Top of thumb here Li Guardian or Conservator Top of Thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 20B-16 LLL r�A ®��® ;Qt.��y/ WORLD AWED WORLD INSURANCE COMPANY 199 Ne7WaterStreet NY 10 tin York, NY 10038 YR1 ISA POWER OF ATTORNEY Issue Date: October 30, 2017 No. 32826-AI700 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Harrpshfre corporation (the 'Companyl does hereby appoint NAME(s): FIRM: W. Moilanen Yung T. Mullick Stephanie Hoang Drive Suite 160 Mission Viejo, CA 92691 Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recogrdzances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Pourer of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on ft Company's behalf. n This 30th day of October, 2017 P R'OTAFld SEW. ^OTWSEAL I 12:r�i-2 Yi. 71dfil3xV, Rye P.f.Js ::;. ct hear:`;+c3 Ptaa. Covi'/ ofCcsr::imlo: 2Cl:a.r:r t$-715 Name: Robert F Staples Title: Senior Vice President - surety State y Pennsylvania County of Philadelphia Jss. O On this 30th day of October, 2017, before me come the ah�named officer of AWED I&J WORLD INSURANCE COMPANY, to me personally kmvm to be the Individual and officer described herein, and acknowledged that he executed the foregoing Instrument and Notary affixed the seals of said corporation thereto by authorityof his office. My Commission Expires: 11/14/2014 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors dere ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012: RESOLVED, that the Iroperolfitersof the CapmkR the leaf of Ure shreN Wsness hne forthe Capcattion and their appointed designees (each an-Aullnrired Olfimf and odactiveN, the'Aaftfized Oficem') be. and each hiseb/is, authorized to appointme aaveAtlome/sin-Fad to tspresentard ad for andon behalf of the Corpomfon in the bansactonorlheCmnfam/s surely business to axeoM (mdef Lha mmmon seal d the CapmSon, t appmp iate) hon$ udutkkVs, meDpIzanms and off er mJ2ds cf hdernniy and vmli-Qs obrigatoryin Ne twWre trereaf. RESOLVED, ghat In connection vAh the Corporatais lmmaCon of surety business, the sgmWms and atestatms of the Authorized 05mos and the real of the Cohpomton may be a6ueed to any such Pmvar of Attorney a to any mit[kate relating thereto by fie, aid any such Po u of AVomey or cm6cale bearing such faceirfe sgreWres or famingto seal shat be wfd and binding upon the. Coryoralm when m afted wdh respect to any bad, ucderlafig, recogribance orother contract of indemnify awritcg Obligatory in the ware diareof. RESOLVED, that's connection vAh the Cohpo atim's hamac5a, of sealy txairass, the fanaimte a medanim'N reproduced sgrahxe of my Authorized Officer. whelher made heretofore or hereafter, vrhemverappearing upon a copy of any Power of Many oltn Cooperation, nrthsignaN2s affmad as neitabove noted, shall be wild and bnhdng upon the corporation hvith the same form and effect as though manually atfued. RESOLVED, that in mneclionwth the CaporetWia tmnsadrn of wreN brines, my each AdaneyWaddefvedng a seoeladal Or other certification that the foregoing resolutions s@I be in effect may Insert in such certification tha date thereof, said date to be not Liz don the date of delivery (hereof by wonAtaneWad. RESOLVED, that the Audnomed Offices be, aM each homby'n, aukrized to execute (under the coanon seat of the Corporation, if appmpdate), make. Ne and delver it the narne aM on behalf of the - CapamEm ani aM at reasserts, cehtdcales, agreertrenls, mxadmems, supF'ements, fretnrtnenk and other doamems whatsoever, and do any and ad other wings whatsoever in connection with the Corporation's transaction of surety businesses. as such Aultakad ODcer shall it Ns or her -absolute c saetm deem or deti Wrie appropriate and any of the forgoing resa'ukm, the transactions cmtempiated thereby and any am7arymatars thereto md'ab rdryal the purposes and intent 1Mneof, wdhdeenrngordeteanim on to be conclusively evidenced by my such exeahlin or the Iaidnng Of any such action by such Authorized Officer. I, Daniel Zharkovky, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify thel the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the PoverolArmneyissued pursaW thereto, are true and correct, and that both the Resofuton a{hdlheP rofAdoan areinfullfaceandeted IN WITNESS WHEREOF, I have hereunto set my hand anda5xed thefacsumleseal of Ne corporation, thrEdnay of (5,y 201-7 All Claim Notices should be sent to the below: Allied World insurance Company Attn: Surety Department 30 South 17'^ Street, Suite 1600 Philadelphia, PA 19103 SUR 00046 00(05/2016) 20B-17 Daniel Zharkovky, AVP, Assistant General Counsel No. 3186-4 STATr OF CALIFORNIA DEPARTMENT OF INSURANCE SAIF FRA.\CISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pmauanl to the Imwrance Code of the Stale of California, Allied World Insurance Company ofNew Hampshire, organized under the laws ofNew Hampshire, subject to ilsArticles ofincorporation or otimrfundanrmntal organizational documents, is hereby authorized to transact within thisState, subject to all provisions afthis Certificate, the following classes ofinsurance: Fire, Marine, Surety, Plate Class, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the insurance Laws ofthe Stale of California. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow andhereafter being in full compliance with all, and not in violation ofanly, ofrhe applicable laps and lawful requirements made under authority ofthe laps ofthe Stale of California as long as such imps or requirements are in effect and applicable, and as such lays and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as ofthe 22rtd day ofMrry, 2013, I have hereunto set my hand and caused my official seal to be gixed this 22ea day of May, 1013. Dave Jones /n,mnnre Cammisrivner BJ, Susan J. Stapp for Nettie Hoge Chief Depvty NO'T'ICE: Qualifiwtian with tile Secsrtary of State must be accomplished u tcquired by the California Corporations Code promptly a@er Iisuaaccofthis Certificate of Authority. Failure to do so will be a violation oris muco Cadesecfion 70t and willbe grounds fur revoking this Certificate of Authority pursuant la elle covanaon made in the application therefor and the conditions contained herein. 20B -A &.__.-..-- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations(DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name TM st-vvk ErxECPP+sFS License #/Exp. 201705 01/3d/2018 DIR Reg. #/Exp. i 000001836 ob/�0/10rA Location 1551 w. Mh.= sT,ft"AttdAt Phone (114)ICU. - 60-6-7 Type Of Work I rtreoscx� Amount $ 650o Name VN License #/Ex DIR Reg. #/Exp. License # _ Location Phone Name License 4/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name Name License #/Exp. License #/Exp. DIR Reg.#/Exp. DIR Reg.#/Exp. License # License # Location Phone _ Type Of Work Amount $ t Signature of Bidder Location Phone Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. Please See Attached Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Please See Attached Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Please See Attached Name and Address of owner. Name and Telephone Number of person familiar with project. 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. Please See Attached 2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 2. 3. Name and Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed 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. 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 8ID-1322 www.cpengineeringinc.com Calif6mia Professional Engineering; Inc. Street Ughting-Job References PROJECT. Design — Build High Voltage Streetlight System Rewiring Amount: $547,044.66 Owner: City of Santa Ana Project Manager: Tyrone Chesanek Email: tchesonek@sonta-ona.org Contact Phone M (714) 647-5690 Fax #: (714) 647-5622 Status: Completed Approximate Start/End Dates: Feb 2015 -March 2016 Description of Supplies, Equipment, or Services Provided: Convert High Voltage Wiring to Low Voltage Wiring, Design/Build, Installation of Lighting Fixtures, and Conduit. Installation of Snort Field Lighting System Amount: $65,501.00 Owner: City of Huntington Park Project Manager:Josette Espinosa Email: jespinosa@hpco.gov Contact Phone #: (323) 584-6216 Fax #: (323) 588-4577 Status: Completed Approximate Start/End Dates: Dec 2015 -Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring, Pull Box, Sports Field Lighting Fixtures, and Lighting Poles. Firestone Blvd Improvement Project Amount: $409,305.58 Owner: City of Downey Project Manager: Keith Hoey Page 1 of Docrrc mens Las! Updated .1512016 20B-22 Email: khoey@downeyca.org Contact Phone #: (561) 622-5898 Fax #: (562) 904-7296 Status: Completed Approximate Start/End Dates: April 2014 -August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pull Boxes, Pedestals, LED Factures, and Light Poles. Street Light in Lieu Amount: $244,716.35 Owner: City of Ontario Project Manager: Johnson Hua Email: jhua@ci.ontario.ca.us Contact Phone #: (909) 395-2131 Fax #: (909) 395-2122 Status: Completed Approximate Start/End Dates: Jan 2014 -April 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pullboxes, Pedestals, LED Fixtures, and Light Poles. Old Towne Street Lighting Improvements Amount: $453,145.00 Owner: City of Orange Project Manager: Medel Llanes Email: mllones@cityoforange.org Contact Phone #: (714) 744-5535 Fax #: (714) 744-5573 Status: Completed Approximate Start/End Dates: Jan 2011 -April 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Pedestals, Street Lights w/Fixtures, and Light Poles. Installation of Street Lighting on Mountain Street from Craig Ave Amount: $335,166.00 Owner: City of Pasadena Project Manager: Chris Hernandez Email: cehernandez@cityofpasadena.net Contact Phone #: (626) 744-4303 Fax #: (626) 396-7931 Status: Completed Approximate Start/End Dates: Jan 2012 -May 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Street Light Pullboxes, LED lamps, Post Top Concrete Streetlights, Street Light Conductors, and Modify Existing Street light Feed Point. Page 2 of 3 Document Lasl Updated 14/20/6 20B-23 Street Light Installation — Guinida Lane Amount: $202,345.50 Owner: City of Anaheim Project Manager: Mark Brownrigg Email: mbronwrigg@anaheim.net Contact Phone #: (714) 765-4300 Ext. 4596 Fax #: (714) 765-5225 Status: Completed Approximate Start/End Dates: Aug 2011 -March 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduits, Wirings, Service, Foundations, Street Light Poles, and Luminaires. Page 3 of 3 Document Last Updated 46!1016 20B-24 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com California Professional Engineering, Inc:- We intend to procure all bonds from: The Hanover Insurance Company Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949 -461 -7000 -office # 949 -461 -7725 -fax # ymullick@thebond-excthange.com We intend to procure all general/access liability/auto liability certificates from: Grosslight Insurance, Inc. George Duran, Agent Rancho'Cucamonga, CA 91730 909 -204=3629 -office # 909 -204 -3679 -fax # geor a 1.14rossli ht.com We intend to procure all workers' compensation certificates from: BBSI Magdalena Gilane, Agent 1950 Sunwest Lane, Suite 250 San Bernardino, CA 92408 909 -890 -0100 -office # 909 -890 -0120 -fax # magdalena.gilane@bbsihq.com Page I of 1 20B-25 Document Last Updated 9.7.1016 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sliam; 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 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 pant of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal pros aui tion. . I Signed State of California County of _-U nroa¢tcs vN VN VAJ Subscribed and sworn to (or affirmed) before me on this � V day oft 20'L;r by vrd—ttGN V^' , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal TL; /&SE 5W frrrAuteO V1Gf 26 6 CALIFORNIA ALL® PURPOSE CERVFICAiE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of cftLiFagNto } County of uo5 rrt.xre%0 } On tuL.1ot7 before me, I (Here nsert name anC L1Te ulcer personally appeared vn^' Nclv.,Clt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VIVIAN WITNESS my hand and official seal. COMM.IRAN 1 y. M. 2216688 NOTARY PUBLIC -CALIFORNIA x LOS ANGELES COUNTY NT Comm EaDnes October 2. 2021 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION 7/risformcoraplieslridr nnrent Califoniiastaudesregarding Notmywnrdingmrd. DESCRIPTION OF THE ATTACHED DOCUMENT ifueeded,slrouldbecolnpletedandaNachedlolliedocraaent.Acknmvledgurens jinn, other stales may be completed far documents being seal to That stale so tang as lite wording does Plot require die California notary to violate California nolaq• ham (Title or description of attached document) ® State and County information must be the State and County where lire document signer(s) personally appeared before the notary public for acknowledgment. 0 Date of notarization must be the date that the signer(s) personally appeared which (Tille or description of attached document continued) must also he the sane date the acknowledgment is completed. N The notary public mus( print his or tier name as it appears within his or Iyer Number of Pages _ Document Date commission followed by a comma and then your title (notary public). © Print the namc(s) of document signer(s) who personally appear at the time of nolari22tion. CLAIMED BY THE SIGNER N Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the); is /ore ) or circling die correct forms. Failure to correctly indicate this idual (s) infommtion may lead to rejection of document recording. orate Officer 0 The unary seal impression must be clear and photographically reproducible. j Impression must not cover text or lines. If seal impression smudges, re -seal il'a `1��9�J (TIBe) sufficient area permits, otherwise complete a different acknowledgment form. ® Signature of the notary public must match the signature on rile with the office of er s t ) the county clerk. ey-in-Fact N Additional information is not required but could help to ensure this IL tee(s) acknowledgme t is not misused or attached to a different document. date. E Indicate title or type ofatached document, number of pages and r N Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). .NotaryClasses.com 800-873-9865 A Sc*4 attach this document to the signed document with a staple. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated 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 ander this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 19651 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, 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SAN DPOINTE PASEO SECURITY LIGHTING PROJECT 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 tl is Segtion is subject to all the penalties imposed for a violation of the ChaNted..'--1 i Signed: Title: Van Firm: California Professional Engineering, Inc. Date: 11/14/17 fd3.qf P4I6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT 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 cont actors, except coptractors not signatory to the trust agreement shall pay a like amount toI aIi Ap en iceship Council. Signed: Title: Van Nguyen - President, Vice Presidents Secretary, Treasurer, Manager Firm: California Professional Engineering, Inc. Date: 11114/17 P-14 of P-16 20B-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be rohibited from inducing, by any means, any person employed in the construction or repair of p -iblic work, to give up any part of the compensation to which he/she is otherwise nti Signed: Title: Van Nguyen - President, Vice Preside t, Secretary, Treasurer, Manager Firm: California Professional Engineering, Inc. Date: 11/14/17 P-15 of P-16 20B-31 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. P-16 of P-16 20B-32 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 16-2648 SANDPOINTE PASEO SECURITY LIGHTING This CONSTRUCTION CONTRACT is made and entered into this 19a` day of December, 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 California Professional Engineering, 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 Sandpointe Paseo Security Lighting 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 • Community Workforce Agreement • 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 One Hundred Seventy-six Thousand Four Hundred Twenty-five Dollars and No Cents ($176,425.00), 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. mv.09ioinon 208-33 Pagel of3 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. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: httl)://www.santa-ana.org/pwa/documents/CWA.ndf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. 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. 9. 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-34 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: JOIN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: California Professional Engineering, Inc. VAN NGUYEN President 20B-35 Page 3 of 3 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price O oOb Amount I SANDPOINTE PASEO SECURITY LIGHTING I LS $ $ ISo ,oao 2 ADDITIONAL LIGHT POLE ASSEMBLY* 1 EA $ b, Doll $ b, 000 3 ADDITIONAL WIRING* 150 LF $ 12-00 $ y'00 4 ADDITIONAL CONDUIT* 150 LF $ 3S.00 $5450 5 REMOVE TREE* 2 EA $ 2X5 $ 5-750 6 ROOTSHAVE* 5 EA $ 3115 $ 1-125 7 PCC SIDEWALK (T=4")* 200 SF $ 25 $ 5 0c o 8 PCC GRINDING* 3 EA $ 00. 00 $ 2400 TOTAL BASE BID $ 17 b, H2S 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. za9�3ra CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2648 SANDPOINTE PASEO SECURITY LIGHTING PROJECT 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 FORTY-FIVE (45) working days 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 $500 per calendar day. / Name of Firm Signature of BIDDER Title Van (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.) 208P_J/ pqpljiMoo COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2648:-SANDPOINTE PASEO SECURITY LIGHTING Construction Contract $ 176,425.00 Contract Administration $ 11,178.00 Inspection and Testing $ 15,286.00 Contingencies $ 35,285.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 238,174.00 4ANIAki! 20B-39 ri- -1