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HomeMy WebLinkAboutY&M CONSTRUCTION, INC. (2013-2014 OMNIBUS CONCRETE REPLACEMENT) Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.Q.Box 1988 Hugh II NguyenIIII,IIIIClerk-Recorder II Santa Ana,CA 92702 I l�ll l l l I III lull�lVll�1���IIII IIII�1� I� �I IIIII�I ����I� NO FEE * S R 0 0 0 7 0 6 1 1 5 6 $ * 20140004389819:48 am 10129/14 62 416 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION �u NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused A construction of 2013-2014 OMNIBUS CONCRETE REPLACEMENT under contract entered o into on OCTOBER 21, 2013, with Y&M CONSTRUCTION, INC., on which contract AMERICAN SAFETY CASUALTY INSURANCE COMPARY is surety. The property on � A o which such work improvement was placed is in the City of Santa Ana, County of Orange, State o z of California, and described as Project No.14-6798 located at: VARIOUS LOCATIONS. The X work improvement on said property was accepted as completed on OCTOBER 24 2014. � w 0 VCIT. CIPAL CORPORATION On by � ;>t "iJ�lsav� �.�uQZ z Q Dated: f© ' �� City En ineer TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on � � 11J , at Santa Ana, California C aw;', ' Inl';If;� G �lv�z_ (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2013 TITLE: CONTRACT AWARD FOR 2013/2014 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT NO. 146798) CITY MAN' ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED L7 " Hs Recommended) OM ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Y &M Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices, totaling $283,875 for the construction of the Omnibus Concrete Replacement Project. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $369,038. DISCUSSION The recommended action will allow the City to enter into a contract with Y &M Construction, Inc., and proceed with construction of the Omnibus Concrete Replacement Project. The project is part of the City's 2013/2014 Capital Improvement Program. Project design is complete and bid procedures have been followed as established by the City's Municipal Code and in adherence with the Public Contracts Code. The Omnibus Concrete Replacement Project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches, and concrete pavement at various locations throughout the city. Project locations are identified through repair requests and are subsequently scheduled for replacement on a first - come- first - served basis. The Notice Inviting Bids was advertised on August 14 & 15, 2013, and bids were opened on September 4, 2013. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 11 Contractors requesting bidding documents 9 Bids received 5 Bids received from Santa Ana contractors 1 Contract Award for Omnibus Concrete October 21, 2013 Page 2 Bid Results Summary RANK BIDDERS NAME LOCATION BID AMOUNT 1 Y &M Construction, Inc. Gardena $283,875.00 2 Golden State Contractors, Inc. Placentia $351,800.00 3 Hardy and Harper, Inc. Santa Ana $368,381.25 4 Nobest Incorporated Westminster $544,600.00 5 Excel Paving Company Long Beach $825,675.00 A total of five bids were received and all were deemed responsive, with Y &M Construction, Inc. submitting the lowest responsive bid. The bid amount of $283,875 is 32.1 percent over the Engineer's Estimate of $214,825. A sixth bid from Super Technical Engineering & Construction was not accepted because it was delivered after the 2:00 p.m. deadline. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2013 -66 will be filed for the project. FISCAL IMPACT The Cost Analysis shows a total estimated project delivery cost of $369,038. Funds are available in the Measure M2T Street Construction Fund (Accounting Unit 03217662 - 66220), Traffic Congestion Relief HUT Fund (Accounting Unit 05917663 - 66220), Water Systems Maintenance Fund (Accounting Unit 06017641 - 63001), Sanitary Sewer Services Fund (Accounting Unit 05617640 - 63001), Federal Clean Water Protection Fund (Accounting Unit 05717640 - 66220), and Parks Maintenance Fund (Accounting Unit 01113250 - 62320). Edwin "William ez, P.E. Interim Executive Director Public Works Agency EW G/TC Exhibit: 1. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: A..7s-� b n Francisco Gutierrez Executive Director Finance & Management Services Agency COST ANALYSIS PROJECT NO. 146798 2013 -2014 OMNIBUS CONCRETE REPLACEMENT CONTRACT Construction Contract $283,875 Contract Administration $7,097 Inspection and Testing $14,194 Survey Staking $7,097 Contingencies $56,775 TOTAL ESTIMATED CONSTRUCTION COSTS 369 3 Exhibit 1 09/11/2013 10:10 FAX GOVT THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6059 PROOF OF PUBLICATION (2015.5 Slate of California ) County of ORANGE. ) ss Nouce Type: BID - NOTICE INVITING BIDS Ad Description'. 2013 2014 Omnibus Concrete Repl I am a citizen of the United Stales and a resident of the State of California, I am over the age of eighteen years, and not a party to or interested In the above entitled matter I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in llle city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulatlon as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/1911905, Case No. A21046. That the native, of which the annexed Is a printed copy, has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to -wit. 06/14/20'13, 08J M201 3 Executed on', 06115/2013 At SANTA ANA, California I certify (or declare) under penalty of pcijury that the foregoing is true and correct. no— Signature Wu D rnu ........ firma rmm' aniy any ar eora. o in. Jr 1110 n6 On 1d 001 II I it II II II II II ll I I I I II 11 111111 * A 0 0 0 0 0 3 1 6 3 9 2 2 cl rl- ®&\ I � im I I I Q 4 I 236 CONTRACT AWARD FOR 2013/2014 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT NO. 146798) - Public Works Agency MOTION: 1. Award a contract to Y &M Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices, totaling $283,875 for the construction of the Omnibus Concrete Replacement Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $369,038. 25A 40MT NO. 2013-181 - MEMORANDUM OF UNDERSTANDING - Petsonnel Services Agency Councilmember Martinez reflected on labor negotiations; thanked union for leadership, and staff and employees for all coming together to successfully agree on terms. Mayor Pulido also thanked all involved. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non - substantive changes approved by the City Manager and City Attorney. Approve a side letter agreement to the Memorandum of Understanding with the Police Officers Association (POA) regarding wages and other terms and conditions of employment for a two -year period covering July 1, 2013 — June 30, 2015 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: CITY COUNCIL MINUTES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 11 OCTOBER 21, 2013 CITY OF SANTA ANA Project No, 14.6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL, & CONTRACT AGREEMENT 1310 PROPOSAL, TO: CITY COUNCI1, OF THE CITY OF SANTA ANA FROM: F S Pe 913 I U c"� [ X79 j ry� t REQUIREMENT: the undersigned declares that he /she has carefully examined the location of the proposed work. that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS. and hereby proposes to furnish all material and do all the work required to complete the said 4vork in accordance with said plans (if any), specifications and special provisions, for the unit pricc(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amami MAINTENANCE I. Unclassified Excavation CY 100 $__7-0 ___ $ 2. Construct AC Pavement IN 100 $ '1.� G $ 3, Remove and Construct 4" PCC SF 7,000 $._ls,.__. $�y Sidewalk 4. Remove and Construct PCC Curb and L,F 200 $__ $ 0 0 U Gutter (A -2 -6) i 5, Remove and Construct PCC Curb and LF 500 $, q $ Gutter (A -2-8) 6. Remove and Construct PCC Curb (13 -1) I.F 400 $_.,� S -_u G.v 7. Remove and Construct PCC Curb SF 3.000 Ramp 8. Remove and Construct 6" PCC SF 500 �y I)rivcNvnv 9. Remove and Construct 8" PCC SF 1,000 / $ d (7 C10 Driveway . _ 10. Remove and Construct PCC X -Gutter SI 900 Q� $._ 4 ��gg $ 10 G 0C) l BPIof16 CITY OF SANTA ANA Project No. 14 -6798: 2013 -20121 Omnibus Concrete Replacement Contract PROPOSAL, & CONTRACT AGRFFNIFNT BID PROPOSAL, continued Item Bid Item Unit Quantity UnitPrice Amount 11, Remove and Construct 8" PCC SP 800 Pavement 12. Remove and Construct 12" PCC BUS SF 900 S, -11 $ � Pad 13. PCC Grinding I.,f' 25 $ 1_0 $ ®� 14. Root Shave 15. Paint Red Curb 16. Remove and Construct Stamped Concrete 17. Remove and Construct Brick Pavement 18. FUrniSh and Install Water Valve Box Frame and Cover to Grade 19, Adjust Manhole Frame and Cover to Grade 20. Adjust Pull Box to Grade 21. furnish and Install No. 6 Pull Box 22, Concrete Steel Filled Bollard (include2 coat orpaint) TRAFFIC 23. Construct Speed Bump 24. Construct Raised Crosswalk 25, Repair Traffic Divertar (per Appendix D) FA 60 $- --o-C70. LP 25 SP 50 $_.— _ $_.__..� _.a -o a i SP 50 $__G _ $6d CJ FA 5 $ 00 $ , 410G p FA 00`� GSA 10_._ FA 10 s oG $ a q cl gg l FA I $Q�. $ �/ ....C__GJ -GI FA I BP2of16 CITY OF SANTA ANA Project No, 14.6798: 2013 -2014 QmnlbLIS Concrete Replacement Contract PROPOSAL. & CONTIZAC'f AGREEMENT' �j 0 d 41. Furnish and Install Cast Iron Junction [;A BID PROI?OSAL, continued [/v $ Item # Bid Item Unit Quantity Unit Price An aunt 38, Furnish and Install Formed Steel EA I $_,_ V Catch Basin Protection Bar Assembly -9 w /Anchor, Manger and Bolts 42. Adjust PCC Junction Chamber EA 39. Furnish and Install Cast Iron Catch EA I $ L) O a o a v Basin Manhole Cover and Frame -- w /Bolts - -Non Traf is 43. Furnish and Install Ductile Iron Catch P, A L S 3 006 (Clear Opening -22 ") d O V Basin Inlet Grate and Franne -- Non 40. Furnish and Install Cast Iron Junction F;A q I $ 2 B $ G tl Chamber Manhole C & F w /Bolts - Traffic (Clear Opening -- 23.5 ") BP 4 of 16 V �j 0 d 41. Furnish and Install Cast Iron Junction [;A 1 $ [/v $ Chamber Manhole Cover and Frame w /Bolts - Traffic (Clear Opening - 36 ") 42. Adjust PCC Junction Chamber EA I $ 4 a4 $ ry ( 0 b Manhole - Grade Rings and Collar 43. Furnish and Install Ductile Iron Catch P, A L S 3 006 '$ d O V Basin Inlet Grate and Franne -- Non Traffic (Rectangular) d 44. Furnish and Install Ductile Iron Catch EA 1 $ $ Basin Inlet Grate and Frame -Trait e and Bicycle (Rectangular) BP 4 of 16 CI'T'Y OF SANTA ANA Project No. 14-6798, 20t3 -2014 Omnibus Concrete Replacement Contract PROPOSAL & CONTRACT AGRFEMRNT BID 11M IOSAI„ continued TOTAL BlD? S.._1852 QS7 The lowest responsible bidder based on the TOTAL Bid shall be selected. However, the City reserves the right to limit the contract award amount up to the available funding limit. NOTE: QUANTITIES IN BID SCHEDULE ARE SHOWN ONLY FOI2 BID COMPARISON, PROJLiC'l .NO,, 14.6798 , BIDDER 2013- 2014OmnibuS Concrete Firm c h,9 Replacement Contract Address t '� _. &Jc,y -t p, 7!_ — Phone( lL_it_'_____._ _.... BIDDER Signature BP5of16 CITY ON SANTA ANA Project No. 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL AND CONTRACT LQL1 1, NT LIST OF SUB - CONTRACTORS pJ 0 V) Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all Subcontniet work exceeding the following amount: Streets, highways including bridge projects; '' /z% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: '' /a% ofthe bid 131DDER proposes to subcontract certain portions of the work to the firms listed below: NAME L,OC AJ 16K PHONE I'YI,F OV W NAME LOCAT ION PHONE `I YPEi OF W NAME LOCATION PLI() NI: -- TYPE OF'WORK. NAME LOCATION PHONI: TYP[i OF WORT{ NAME LOCATION PHONE E TY PL OF W Name 5ignntuic of BJDDf R $ NAME LOCATION PHONE. TYPE OF WORK .— NAME L.00ATIC PHONE TYPE Oh' NAME:, L,OCATI(. PHONE TYPE OF NAME LOCATc PHONE TYPE OF NAME LOCATI( PHONE. TYPE OF BP6ofl6 CITY Of SANTA ANA PROJECT NO. 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract 1 ?120[?OSAL & C_ONTRAC'T AGRT~ EM.L NT BIDDER understands and agrees that this written proposal for any part thereof specifically designated and accepted by the City of Santa. Ana, hereinafter AGENCY) shall constitute the entire agreement betsveon BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk ofthe 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 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 Stitt" 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) clays (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDI�'RS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGf3NCY 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 undersigncd. BIDDER understands that a bid is required for the entire work, that 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. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors. and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm Signature of BIDDI�R Tide --P r!) " (if an ilAhVidt.tal, so t BP7 of' 16 ¢te CITY OF SANTA ANA Project No. 1,1-6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL, AND CO_NTRAC'I AOREEMENT BIDDER'S STATLMENT_conti filed ('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.) ACTION Of COUNCIL: Awarded to lG (r',.nnf,�WLu Qn ftbasis.of loyMst responsible and responsive bidder in the amount.of g9._99,'l Date 20 ATTEST: CL 3RK OF THE COUNCIL APPROVED AS U) FORM: ACCETTTED FOR TFIE CI "PY OF SANTA ANA: AT TTORNL EXECUTIVE DIREC 'OR C PUBLIC WORKS AGENCY BP8 off 6> CITY OF SANTA ANA Project No. 14- 6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL, AND CONTRACT AGREEMENT (t IULL QALION OF_NONDISCRIMINA7InN 1,3Y CONTRA "( 1'Ott The undersigned contractor or corporate officer, during the performance of this contract, cortirics 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: la%off or torninatiow rates of pay or other forms of compensation: and selection for training, includinu. apprenticeship. The Contractor agrees to post in conspicuous places, available to employecs 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 behalr 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 vvith which he /she has a collective bargaining agreement or other contract or understanding„ a notice to be provided advisim,, the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuais places available to employees and applicants for employment. 1. The Contractor shall comply with all provisions 01' Executive Order 11246 of September 2 =1, 1965, and ofthe rules, regulations, and relevant orders of the Secretary of Labor. 5. 'file Contractor shall ftu'nish all information and reports required by Executive Order 1 (2,10 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 ides, regulations. and orders. 6. In the event of the Contractor's non- corpliance with the nondiscrimination ekaases of this contact or with any oftho said rules, rcgulations, 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. BP9 of' 16 CITY OF SANTA ANA Project No, 14.6798: 2013-2014 Omnibus Concrete Replacement Contract PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued 7. The Contractor sliall 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 1.735, as added by Chapter 643 Stars. 1939, and as amended, No discrimination shall be madc in the employment of persons upon public works because of race, eligious 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 ofthe Chapter. Signed Title Firm ........._gt%SN_a�< -y t -- - - - - -- -- Date 13P 10 of 16 CJTY OF SANTA ANA Project No, 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL, AND CON'CRAC "f AGRi3EM1W]" WOIZKEIZS' COMI?C'NSA'I'ION [INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to he insurecl against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance. of the work ofthis contract. If 1, as the Contractor, now or at any time during the course of this agreement, quality as an employer under California Labor Code Section 3300, unless the hired cmployee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed Title Pirm Gate n BP I I of 16 skc CITY OF SANTA ANA Project No. t4 -6798; 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL AND CONTRACT AGREElAFNT RI?FLR.ENCES The Following are the names, addresses, and telephone numbers for three publie agencies for which 131DDER has performed similar work within the past two years. i. —_ - --- - -- -- .. Name and Address of (honer. Name and Telephone Number of person familiar with project. 2. 3. Contract Amount Type of Work Date Completed Name and Address of owner. -Name and Telephone Number of person familiar with project, Contract Amount Type of Work Date Completed Name and Address of owner. Name and 'telephone Number of person familiar with project. Contract Amormt Type of Work Date Completed I he following are the names, addresses, and telephone numbers of all brokers and sureties from whom 131DDER intends to procure insurance and bonds. BP 12 of 16 CITY OF SANTA ANA Project No. 141-6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL AND _CON';RACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Tabor Code regarding employment of apprentices, and understands that contrmtors 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 vroount 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 Eunount to the California Apprenticeship Council. Signed • l/ /' /`%'r'j- Title //fib Y' Firm Date 4 M u,--f a s o i nc BP 13 of 16 CITY OF SANTA ANA Project No. 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL AND CONTRACT AGREEMENT NnN.(D US FIDA,v_rr (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Cozy 7106 the BtDDFR 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 c0luslve or sham; tholl the BIDDER has not directly or indirectly induced or solicited any other BIDDER to Ijut in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with an}�.BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the, BIDDER lhris not in any manti tr, directly or indirectly, sought by agreement, communication, or conference with anyol* to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost clement of the ljid price, or of that',of any other BIDDER, or to secure my 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, fl rther, that (lie 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 tiny corporation, partnership, company association, organization, bill 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. Signing khis Proposal on the signature portion thereof shall also constitute signature of this Nan - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution, Signed ' 6'° ' 1'f t -2 State of California County of LC1 "y,'j` dVkS'4 � Subscribed and sworn to (or affirmed) before me on this 03_ clay of /l M✓! , proved to me on the basis of satisfactory evidence to appeared before me, m"r RAFFI VAR00,1 THOMASSIAN S;, Commission # 197.5126 Notary pubic Cnll)nrnia z Los Angeles County' ' My Comm. Pxplres May 72, `1016 N' of tic 5 ur Notary Public Seal BP '14 of 16 Cf� , 20%3, by the peison(s) who CITY OF SANTA ANA Project No, 14 -6798: 2013.2014 Omnibus Concrete Replacement Contract PROPOSAL. AND CONTRACT AGRFEMBNT BIDDER'S STATEMENT REGARDING "ANTI - KICKBACK" RE UIRFMENTS 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 supplementcd in the Department of Labor regUdations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. Signed Titic Firm Date Rion BP 15 or 16 CITY OF SANTA ANA ProjectNo. 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract PROPOSAL, AND CONTRACT AGRb ,ML I" CONTRACTOR'S LICGNS.INC;,STA "F.,,'MENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: t Business Address: /�• $ t f t „yt g2 ( �� `ZY Z ,._Zhn CA l'elephone: Y-4 State Contractor's License No. and ( 7 Class: ,° 3 C f — I'xpiration Dale: Signed: 'I itle: / %VN Iii' 16 of 16 rrt;,. O cj 9rrN1$ P hS` U,S. SMALL BUSINESS ADMINISTRATION SURETY BOND GUARANTEE AGREEMENT Terms and Conditions of ARrecment on Pape 2 MITI Cmttrol N o: 3245.0007 Expiration Date,: 02129/2016 I. Surety Name - 2. Business Name: Y K M C:OnViuCtiOn, 1ne. American Safety Casualty Insurance Company Business & M Consll'uction, Inc. Business Trade Name,: 3. C'o Surely Name+ Percentage 4. Principal's Address: Street: 1547 W. 135th Sh'oel' ovii al's Nnme Rafat H Mina mm T^ mm � City, State, zip laid County GARDENA, CA, 90249 6. CONTRACT- Description of umm'e and extent (volume) of work:0 ... nibus Concrete 7.Z✓ Bid Bid Date: 09 /0412013 Bid Thal 02:00'PM Project Location: SANTA ANA, CA, 92701 Project Start Date: 10/01/2013 Anticipated Completion Date: 12 /t5 /2013 ° Negonamd _.. If canlnrelor has started work an SBA Form 991 most be snbn1f110d to SBA before the Guarantee Agreement can be executed. B. Obligee Nmnr; ciir ntsmno- ono Address (Street, City, Slate, Zip, County) 20 Civic Center Plaza, SANTA ANA, CA, 92701 BLOCKS 9.10 TO BE COMPLE TED FOR BID BOND GUARANTEES. 9 Estimated Contract Amount: $600,000.00 r10, B¢I Bond Percentage 10 ___ —__, _ ... ........ .._._. BLOCKS 11.21'1'0 BE COMPLETED FOR CONTRACTS .._ ... ... ......._. __..._. ------ . ._._...... .._...____ —__.. AWARDED AND FINAL BOND GUARANTEES. ...__.__._.____ ,_____._..___,,._..._._._..._._ .._.....___ _._. Ii. Data of Cmnrncl Award 12. Contract Amnnnt 11 Ma6denmlec Rood / Agreement Amount Years 14, I'aynond Build Number 15. Payment Bond Amount Ancillary Bond o YesQNo '1'ple 16. Bid Spleadv...... 17. POrformunce Bond Number 19. Performance Bend Amount Low $ 2i° Low $ 3r° Low S _. Cont, — ____._ _ ...,__ —__ ...,._.._...._..___,. 19. aemr Fee AmounC 30. Premtam and Rate Charged by latety: 21 Steely Fee Amount: BLOCKS 22 -28 TO BE COMPLETED FOR CONTRACT /BOND AMOUNT CHANGES AND SHOULD SPECIFY THE INCREASEMECREASE CONTRACT, PRFMtUM AND FEE AMOUNTS 22, Incense 23a, Original Contract Amount 231). Revised Conti-Act Amount 24 Payment R m ond Aount 25. Performance Ban Amount Aount - Decrease _ 26. Contractor Fee Amount: 27. Premium and Rate Charged by Surety: 28. Sarrofy Fee Amount: _. have th._._,. c..__._ ..............____,_._._.___..._.__..,.....,..,._____ sfilil. y._._.__.. L___.___....._ _.._......_..av__._____.__.._,.. Tn niy opt nlan the Trineip;d appears Yo have the, Bnancfal managemmrt and tech nical abilities In suceesshllly complete this contract. Hovavo', I have determined that the Principal falls bcb,w the normal underwriting standard alibis Sanity, who will not issue this bond without the SBA guarantee, By signing below, I Certify tbat 1 baVC been mlthoriZCd by the Surely Identified in BOY I to obligate Sm'ety to Ike terms and condition stated oil page z of fill agreement anti that all information provided in connection with the Surety's application for n surety bond guarantee Dom SBA is h'ne, cmn'eat and emuplele to the 6esi of my knowledge. I nl deratand that knowingly making o false statement is a vialathm of Federal law and could result in criminal prosemrtion or civil penalttex under fA 8. 27,371, 100LJSU.S.C, §ti U.S.C. §3729. 4_1 Signal pipe s Attorney- in -Fncu - 30. Date: - T • i Nom : S e hanie n' Agency Name: Pitmacle Surety &Insm once Services, In 09/03/2013 113' its out)) orized signal r , BA agrees to guarantee the braid deacri6ad herein as of the hoc of issamxc, subject c 15 lJ S.C. § 694a and 6, SBA tegulnM1ans in 13 CFR Part I15, and th ten s and conditions stated on page 2 of this Agreement Dr providing this guarantee, .SBA relies on the declarations above and on the forms submitted and sig cat ylife Surely As applicable, This guarantee shut] become effective upon fife Surety's execution (as defined in such regulations) of the o bond. SBA anranloes 80 / itthe loss of consideration of26.0 % of the surety's own premium base, 31. SBA Signature: n¢c: title: 32. 3'itie: 37. Date: Type Name: DIY al iflon: A rllvcd ❑Relarlied/Witlidl'a\yn Declille(I 34. SBG Number: 13F,0438440050091 SBA FORM 990 (2/16) Previous Editions are Obsolete THE AMERICAN INSTITUTE'. OF ARCHITECTS AIA Pocunteltt A310 Bid Bond Bond No. 10003723 KNOW ALL MEN BY THESE PRESENTS, that we Y & M Construction, Inc. 18726 Western Ave„ Ste. 212 Gardena, CA 90248 Ii lere insert (lilt rand and adrtress of leeal line of Contractor) as Principal, hereinafter called the Principal, and American Safety Casualty Insurance Company a corporation duly organized under the laws of the State of OKLAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 a id'e insert fell nwne,and addres ork lwie V0.,,n as Obligee, hereinafter called the obligee, in the sum of (10 %) Ten percent of the attached bid amount ( 10% of bid amount ) for the payment of which man well and truly to be made, the said Principal and the said Surety, bind ourselves, out heirs, executors, administrators, successors acrd assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Omnibus Concrete Replacement Contract, Project No. 14 -6798 mere insen Rill muse, address and desenpron of project) NOW, TI- 1@REFORG, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee hr accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shalt be null and void, otherwise to remain in fill] force and effect. Signed and sealed on September 3, 2013 (Witness) Y & M Construction Inc. (Principal) , I , (Seal) Insurance C, (Seal) 1"1111111 Andrea Tang / I Cr'itle) Stephanie Kang . Attorney-in-Fact ALA nOC@4E', I A310 BID DOND ALA V FEBRUARY 1970 ED TM- WEIUCAN INS "I'I TL1TIi OF ARC}nTECTS, 1735 N Y. AVE., N.W. WASIIlNfTON, D.C. 20006 ./ WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal proseca ion. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1 I ✓ / I - _ before me, Barbara Cc eland, Notary Public Dale ere Gsorl flme anOTitle oTlhe Officar Ste hanie Moan personally appeared____��_._--- ---- - -��— --------- ___ . ....... .......... Names) 01 Siynegs) 3MBAnA COPELAND Gommissfon # 2018348 s " Notary I'll » Califorela Orange County , „M Comm. Bx Iree A rr 1 6 217 who proved to me on the basis of satisfactory evidence to be the person(;,) whose narl is /are subscribed to the within instrument and acknowledged to me thatfee /she/they executod the same in- his /her/their authorized capacity(ies), and that by Ws /her /their signature(e-) on the instrument the person( &), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cot'rect. Witness my and and official s,Gal. Signature _'cLi 4� C.�c���. Place Notary Seal Above ignelurc 01 Nulafy Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaeity(ies) Claimed by Signar(s) Signer's Name: Stephanie [loang ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General IN Attorney In Fact ; ❑ Trustee e ❑ Guardian of Conservator Top of thumb hero ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s);_ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ T1'UStee ❑ Guardian or Conservator ❑ Other: .Signer IS Representing: la2001 National NOlry AS V.o c ',Alton•83500aSolaAvo..P,0.13ax 2402•Clv0vvi,r!h. CA 1.4131,1.M02 - Wa.Nnl,ounlNOlO: y.mO pmnu5007 neurtl0l'. CII 101I- FlOa1 - 000376{1827 Number 10003723 POWER OF ATTORNEY Ak7ENKaN SMmIl r istrro wid KNOW .AU MEN BY TtdESE PRESENTS, that American Safety Casualty Insurance Company has merPe, constituted end dissented, and by these urbanite doers mali saaviestt r And apperrag Stephanie HDang, Costa Mesa, CA 4s true and lawful adiomayan fadr,7ar if and its name, place, art{ etaad to, execute on 40hadf of trim Buick Came am, as Aviary, hands, imflintsking and contracts Of sdretystap 10 be given 40 AI „t. OBLIQUES Provided that nakseridat executed unriar aria mobs rity wind exca0d 4n amours rho sum of $1,000,000.00 This Power of Attomay is pranufa aad.ra signed and staled by fapstm3le v(ntlec and Ra"ILAIon adopted by the Boma of Qir+tn(ara of itra Campeny of the ^�G #te c5pyoiAP?i�2tM92. RESOLVM Blot the President In contav011on with the Secretary or any Assenant Sadotwy may Appoint of }grnmye in'Fac! or agents With authority as �ataons. RA SOLVED FURTHER, that the signature of any authora;od officer and rho as ai of the Company May be, affixed by ra;Amite to any power of mennay, . or certification riteraof atditptdxayg fee 000utl00 atld d Ihvey 61 pray kiond,apadada(skng. moettnizance, -or other aufdRyshfa otegotions of the Company,. and such s itnatare $nil seat whan Ito xdsod shalt have fine aamafares, and o fecin as thCUgn rasnuulty affixed. IN WtiNR9$ WHaREt51° American Safety Casenty Insumaee Company how caused An efforts Beal to be here+na”' affixed, and iiaese prasmn8a fie tao signed By Bs Ptiondoat And atlesRad by dS 300retary this 2151, h day ofA ok 2012, 47 Attest ywjjk€3 tom: Arnbut deep *'• STATE Oft GRbRfifip If CDUNiYDpCtaBq t ra.ruYe',Y On this 250if day of Apr,t, 2092, bafora rap pnisaefhy, onno dmpash D. Sea yl me #Hawn, wtio< baing..by me duly swam, did baboon and say that IT is Oats President of Ametddan `fbafo , Caauaify pnmuXanae Combed {uiP dFy ##asttkiad an and Which ease ad EMe ahovm last amont. that na Directors of svBdturpdradon and trier be sh Had his narnro fha[eCa r _V1orparate seat that is was so Affixed by order of five Board of knave eta Beat 01he said natporation: that the seat Mixed to the Stf7%« s > � ktJ18 Saasbnuee.tB rags, uht,c �iS7 or 1 1. the unddnrgnad Sewelay of Amortuan safety Dasuahy III$ tramp it�. an Oklattump corporation, DO HEARBV CERTIFY. that the fdregaing and attached Power orAitomeyw nd arras to toll force a ties not tm boon revolmno and embepea that tart Rosofoami of the Board of Directors, set forth In the $aid Power of Attorney, is nrw In.9orae. 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