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HomeMy WebLinkAboutPAULUS ENGINEERING, INC. Recording Requested By, I And When Recorded Mail To: . Recorded in Official Records, Orange County Clerk of the Council,City of Santa Ana 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 II '.I IIII IIII IIIh I I II I III IIII I I IIII I I III NO FEE * $ R 0 0 0 8 0 8 8 2 9 9 $ * 2016000017931 11:32 am 01114116 217 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I NOTICE OF COMPLETION 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 17TH STREET WATER MAIN IMPROCEMENTS FROM BRISTOL STREET a o TO BROADWAY under contract entered into on DECEMBER 2, 2014, with PAULUS ENGINEERING, INC., on which contract NORTH AMERICAN SPECIALTY INSURANCE oCOMPANY is surety. The property on which such work improvement was placed is in the c z City of Santa Ana, County of Orange, State of California, and described as PROJECT NO.11- A 6416 located at: 17TH STREET FROM BRISTOL STREET TO BROADWAY. The work c improvement on said property was accepted as comple on DECEMBER 18,20.15. � o w o CITY A MUNICIl'AL CORPORATION z_ Q by Dated: /— y-� Princ. 1 Civil Engineer-Tyjone Chesanek x O 0. TITLE ------------------------------------------------------------------------------------------- VERIFICATION 1, the undersigned, say: I am the City Engineer - Edwin "William" Galves 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 penury that the facts therein stated are true. Executed on A d ,►w at Santa Ana, California (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: DECEMBER 2, 2014 TITLE: AWARD CONTRACT FOR 17TH WATER MAIN IMPROVEMENTS: STREET TO BROADWAY (PROJECT 116416) (STRATEGIC PLAN NO. 6, 1, B) CITY WANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED DEC 2 2014 STREET Li As Recommended) o?,A BRISTOL E] As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Paulus Engineering, Inc., the lowest responsible bidder, for the construction of the 17th Street Water Main Improvements, Bristol Street to Broadway, in accordance with the base bid in the amount of $1,593,540 and a contingency of $239,031 for total amount not to exceed $1,832,571. 2. Approve the Cost Analysis for a total estimated project delivery cost of $2,071,602. DISCUSSION The existing 10 -inch diameter cast iron water main on 17th Street was installed in the 1930's and has begun to experience a number of breaks and leaks. Staff monitors the condition of water main pipelines by assessing critical factors such as age, history of breaks, size, location, and system redundancy to determine the priority of replacement needs. Based on an analysis of these factors, the water main on 17th Street between Bristol Street and Broadway has been identified as the highest priority for replacement due to its high probability of failure and significant consequences should a failure occur. Prior to advertising the project for bids, staff considered the impacts of construction on businesses and regional traffic. A vicinity map in Exhibit 1 shows the relative location of the water main on 17th Street to other major city streets. As a result, the project scope was developed to include the option and flexibility to perform construction during nighttime hours as a base bid, along with the option to perform the work during standard daytime hours. Staff recommends that the contract be awarded based on nighttime work. If nighttime work is performed, all vehicle travel lanes would be open during the daytime, allowing access to businesses, and would not interfere with critical peak morning and evening commutes. Working hours for the construction would be 7:00 p.m. to 5:00 a.m. Nighttime construction would adhere to the City's noise ordinance at all times; nonetheless, staff will require that noisier construction activities be limited to before 10:00 p.m. Contract Award for December 2, 2014 Page 2 of 3 17th Street Water Main Improvements: Bristol Street to Broadway A Notice Inviting Bids was advertised on August 18 and 19, 2014, and bids were opened on September 9, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 28 Bids received 15 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Paulus Engineering, Inc. Anaheim $1,593,540.00 2 Mamco, Inc. Riverside $1,646,464.64 3 Dominguez General Engineering Inc. Pomona $1,658,000.00 4 Stephen Doreck Equipment Rentals, Inc. Pico Rivera $1,685,180.00 5 GMZ Engineering Inc. Agoura Hills $1,790,050.00 6 J.A. Salazar Construction & Supply Corp. La Habra $1,807,575.00 7 Williams Pipeline Constructors Inc. Somis $1,827,308.00 8 Sully -Miller Contracting Company area $1,898,000.00 9 Vido Samarzich, Inc. Alta Loma $1,998,760.00 10 Environmental Assessment and Remediation Management, Inc. Riverside $2,052,770.00 11 J. De Sigio Construction, Inc. Baldwin Park $2,108,450.00 12 Christensen Brothers General Engineering Inc. Apple Valley $2,178,500.00 13 GRFCOInc., Brea $2,193,190.00 14 T.E. Roberts Inc. Orange $2,328,670.00 15 Kennedy Pipeline Construction, Inc, Aliso Viejo $2,648,992.00 15 bids were received and considered responsive, with Paulus Engineering, Inc., submitting the lowest responsive bid. The bid amount of $1,593,540 is comparable to the Engineer's Estimate of $1,340,900. Based on the bids received, staff recommends award of this contract to Paulus Engineering, Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). Contract Award for 17th Street Water Main December 2, 2014 Page 3 of 3 ENVIRONMENTAL IMPACT Improvements: Bristol Street to Broadway In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER #2011-67 was filed for this project and a Class 2 Categorical Exemption was granted. FISCAL IMPACT The estimated total delivery cost of this project is $2,071,602, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 2). Funding is available in the Water Capital Projects Fund (Account No. 06617620-66301, Activity Nos. 11641602028 and 11641602027). re M usavipo Executive Director Public Works Agency FM/EWG/KW Exhibits: 1. Vicinity Map 2. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (7 14) 796-7000 I Fax (714) 796-5059 PROOF OF PUBLICATION (2015,5 C,C,R) State of California ) County of ORANGE ) Ss Notice Type: BIO- NOTICE INVITING BIDS Ad Description: 17th St Water Main Imp" I am a citizen Of the United States 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 the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under dale 11(19) 1905, Case No. A21048. That the notice, C' 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: 0912212014, 09129)2014 Executed on: 091 312 0 1 4 At SANTA ANA, California certify (or declare) under penalty of.pe(jury that the foregoing is true and correct. " �/ Signature uhls space fur IIIInd stamp aaly CNS#6 2668236 NOTICE INVITING BIDS Floor, 20 Civic Center Plaza Ross Annex, Santa Ana, NOTICE IS HEREBY GIVEN California 02701 -Plans and that the Clty of Sstlld Ana, Specifications are available Callfarnla will receive al CiD In portable document Hsi Res Annen, (M-22), 26 Civic Center Plaza, format PDP) on a compact dlak ante Ana, Callfornla 02701, the (C )only, There Is no charpa for the Plans and Auencv TFirtl S11u`ioallons on CD, ryvVA oar f�l? on or Counter 9ualneaa Hrnus aro before Na tour of 2:00 p.rn. 9: Oem to 4:00 ar, Mdodoy on Tuesday October 21, 2014 eaaletl bltle endlor rim Thursdayy. Call tha PWA Projects Inlormatlon Line proposals for at 714.647-6660 for availability of Cue. PROJECT N0. 11-0416 SEVENTEENTH STREET To reactor a CD by mail, the WATER MAIN Contractor must submit on IMPROVEMENTS emto request Io BRISTOLTO sarmourQ6anlS mi and BROADWAY prpvlEe following Co home, Imalllln0tlonadriers,, Company home, Notice Is hereby 9lvan BIDDERS that In accord0once number, FedEx account, and with the provisicns of Iia small Subject heading: Calltarnla tabor Code, not less than the prevailing rate CD Request for 11.6416 of per diem wages for each Seventeenth Street Water Graft or type of worker and mr,m lc needed to rerpulo Mebr Improvements Bristol Street Ie Broadway the o cract In the Iooefty in v,rioh the work Is to be Checks are no longer and not less than accepted. Addenda will be Podormed, he general prevailing rale of Issued by emelt to those who per them wages for holiday received CDs thoadly from and ovodimo work os the Public Works Agei determined by the Director of Induslrlel Relations of the DO NOT CALL State of California shell be PURCHASING DIVISION pard to Gil workers employed. REGARDING PUBLIC WORKS AGENCY Each bid shall be PROJECTS. eccamponfed byY each. a tried 9122,0/23114 cashler'e or as, cheek the of Santa C118-26662368 THE REGISTER An., or ble id bond Issued by 9 corporate surety, for on ount .(10%ot percent ) tofn the aggregate of the bid as a will en ei Into the thee prepared ...treat i1 the same Is awarded to him. The signature of the BIDDER on the bid bond MUST be notarized. The City Council reserves the right to relect any or oil bids. The successful BIDDER must possess or obtain a valid California Class (A or C34) Contmclor's license daor to it's te of this comfort d award Substitution of stoalllor for any monies withheld by the City of Santa Ana to ensure Performance is allowed in accordance who the PUMIo Centrad Code. Compleis p sets of the Plana and Spa lifla ens will be furnished upon eppllcallon at the Public Work. Agency counter, Fust II Ip I II II II II II II 151 I II I II I I I 111 4+. CITY OF SANTA ANA �`��/ CONSTRUCTION CONTRACT FEB 2�9 Project 116416 Seventeenth Street Water Main Improvements; Bristol Street to Broadway This CONSTRUCTION CONTRACT is made and entered into this 2nd day of December, 2014, 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 referred to as "CITY" and Paulus Engineering Inc., hereinafter referred to atl "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 Seventeenth Street Water Main Improvements ("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," which include the following: • ... Notice Inviting Bids • ... Information to Bidders --Bid Proposal • ... Bid Bond • ... Contract Form •... Contract Bonds Special Provisions Technical Provisions Project Plans Appendix The Contract Documents may make reference to other documents which therefore cause those referenced documents to also become part of the Contact Documents. 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 for this Work of Improvement the suun total amount $1,593,540, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". Tho Pagel of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project 116416 Seventeenth Street Water Main Improvements; Bristol Street to Broadway 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 sunount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4, CONTRACTOR agrees to complete the Work of improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable. State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bonet), 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). Sample bonds are attached hereto and incorporated herein as Exhibit `B" Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project 116416 Seventeenth Street Water Main Improvements; Bristol Street to Broadway IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written ATTEST: CIT OF SANT ANA C-v"tz 6 � MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SON[A R. CARVALHO City Attorney BY 4ou,vipour, Lisa Sl'orck Fred P.E. Assistant City Attorney Executive Director, Public Works Agency CONTRACTOR: Paulus Engit Bering, Inc. By: Title _ . _ 11 Page 3 of 3 CITY OF SANTA ANA ADVERTISEMENT PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall -Ross Annex, (M-22), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works Agency Third Floor Receptionist, (see attached map), on or before the hour of 2:00 p.m. on Tuesday October 21, 2014 sealed bids and/or proposals for PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS BRISTOL STREET TO BROADWAY Notice is hereby given BIDDERS that in accordance with the provisions of the California Labor Code, not less than the prevailing rate of per diem wages for each craft or type of worker and mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workers employed. Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. THE SIGNATURE OF THE BIDDER ON THE BID BOND MUST BE NOTARIZED. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class (A or C34) Contractor's license prior to the scheduled award date of this contract. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. Complete electronic sets of the Plans and Specifications will be furnished upon application at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701. Plans and Specifications are available in portable document format (PDF) on a compact disk (CD) only. There is no charge for the Plans and Specifications on CD. PWA Counter Business Hours are 9:00am to 4:00pm, Monday thru Thursday. Call the PWA Projects Information Line at 714-647-5680 for availability of CDs. iv Section 1 - c Nmicelwilin,Bid, 0&22-2014 CITY OF SANTA ANA ADVERTISEMENT PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS To request a CD by mail, the Contractor must submit an email request to sarmour@santa- ana.org and provide the following information: Company name, mailing address, phone number, FedEx account, and email Subject heading: CD Request for <project no.> <project name>. Checks are no longer accepted. Addenda will be issued by email to those who received CDs directly from the Public Works Agency. DO NOT CALL PURCHASING DIVISION REGARDING PUBLIC WORKS AGENCY PROJECTS. V Section 1 - c NoncelnvitiogBids 09-22-2014 CITY OF SANTA ANA INSTRUCTIONS INFORMATION TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF BID PROPOSAL The purpose of this Bid Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the work shown on the Contract Documents. FIRIMMOT&ZOWT11111 The Bid Proposal shall be correctly executed and submitted in accordance with the Notice Inviting Bids. The Bid Proposal shall contain the legal name and address of the BIDDER and any SUBCONTRACTORS to be used. If the BIDDER is a corporation, it is important to state the appropriate officers. The Bid Proposal shall be accompanied by all Proposal Documents listed and identified in the "Proposal" section of the Contract Documents to successfully submit a bid. The contractor's bid may be considered non-responsive if any of the documents or forms are not included. The bid package shall be enclosed in a sealed envelope plainly marked on the outside as instructed in the Notice Inviting Bids. Proposals may be mailed, with return address, or delivered by messenger. However, it is the BIDDER'S own responsibility to ensure delivery of the proposal to the location and prior to the bid opening hour stipulated in the Notice Inviting Bids. Late bids will not be considered. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE It is the BIDDER's responsibility to carefully examine the Contract Documents including the Plans and Specifications, visit the project site, and become fully informed as to all existing conditions and limitations involved in the work. The BIDDER shall include in the bid sum a contract price sufficient to cover all items, including labor and materials, that are required or implied for a complete project as shown and described in the Contract Documents. The BIDDER shall be satisfied as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done. It is mutually agreed that the submission of a Contractor's Bid Proposal shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work, and as to the requirements of the proposed Plans and Contract Documents. 3 Sec%on 2- b IntormatlonWdderr 09-32 2014 CITY OF SANTA ANA INSTRUCTIONS CONSTRUCTION CONTRACT AND CONTRACT DOCUMENTS The Construction Contract will either contain or by reference identify all of the documents which comprise the Contract. The Construction Contract incorporates, by reference, a List of Documents which completes the Contract Documents. The List of Documents may be found in the INSTRUCTIONS section of the Contract Documents. The Contract Documents, including any plans and specifications, and drawings thereof, are intended to complement each other so that any work exhibited in either, whether in the other or not, is to be furnished, as if shown or required by all the documents including the plans, specifications, and drawings. In the event there is conflict amongst the Contract Documents, the Special Provisions establishes the precedence of documents. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be received at least five (5) days prior to the bid opening date. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by an Addendum, and a copy of such will be mailed or delivered to each person or contractor on the plan -holders list in receipt of a set of such documents. The AGENCY will not be responsible for any other explanations or interpretations or any oral interpretation of the meaning of the Contract Documents, including Plans and Specifications. Telephone communications with AGENCY staff are not encouraged, but are permitted. However, any such oral communication shall not be binding on the AGENCY. ADDENDA Any addenda issued during the time the bid is advertised shall become part of the Contract Documents, and shall be considered in the bid package. Before submitting a bid, each BIDDER is responsible to become informed as to whether or not addenda have been issued. It is the BIDDER's responsibility to notify the AGENCY regarding receipt of addenda, if any. REVIEW OF BIDS The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct product shall prevail. 4 section 2 - b I nformat[on &dders 09-22-II114 CITY OF SANTA ANA INSTRUCTIONS In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected. If a Bid contains discrepancies that make it difficult or impossible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected. BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm or corporation shall be allowed to make or file or be interested in more than one bid, as prime contractor, for the same work. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on material to a bidder, is not hereby disqualified from submitting a sub -proposal or quoting prices for other bidders. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the BIDDERS, any or all proposals may be rejected. WITHDRAWAL OF BID PROPOSAL A bid proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY'S Public Works Agency Executive Director prior to the bid -opening hour stipulated in the Notice Inviting Bids. Bids may not be withdrawn after said hour without forfeiture of the bid proposal guarantee which shall remain in effect for 60 days after opening bids. The withdrawal of the proposal will not prejudice the right of the BIDDER to submit a new proposal, providing there is time to do so, or to submit a new proposal if there is a rebidding of the same project. BID PROTEST Any bid protest must be submitted in writing to Executive Director of Public Works Agency, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following bid opening. Bid protests sent via mail or overnight carrier must be received by the AGENCY by 5:00 pm of the 5th business day following bid opening in order to be deemed timely. Hand delivered protests must be provided to the receptionist in the City 5 section 2 - b I nformatic nBidders 09-22-2014 CITY OF SANTA ANA INSTRUCTIONS Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the Contract Document which forms the basis for the protest. c. The protest shall include the name, address, and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other BIDDERS or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. If staff is aware a protest has been filed prior to the opening of bids, the AGENCY shall announce at bid opening who such parties shall be. e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee on the 10th business day following bid opening at 10:00 am in the conference room on the fourth floor of the City Hall Annex at 20 Civic Center Plaza, City of Santa Ana, Santa Ana, California 92701. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staffs determination of proposed low BIDDER is arbitrary and capricious, or unsupported by substantial evidence in the record. f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at or prior to the public hearing. g. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. h. The procedure and time limits set forth in this paragraph are mandatory and are the BIDDER's sole and exclusive remedy in the event of Bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. 6 Section 2 - b InPormatI.Wd&r, 09-22-2014 CITY OF SANTA ANA INSTRUCTIONS NOTIFICATION OF CONTRACT AWARD Upon award of contract by the City Council, the successful BIDDER will be notified of award and requested to furnish an executed Construction Contract form with appropriate bonds and insurance certificates. EXECUTION OF THE CONTRACT The Construction Contract form and bond forms are included in the CONTRACT section of the Contract Documents. The Construction Contract shall be executed by the successful BIDDER, in triplicate, and returned, together with the contract bonds and insurance, within ten (10) calendar days from receipt of notice by the AGENCY. The BIDDER shall sign the Construction Contract using the legal firm name, business address, telephone number and email, and designate the type of business involved. Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee. No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY. After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Contract. 1:7117107,1117 Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid and ALL bid alternates, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to the BIDDER. Any bid submitted without any of the above shall not be considered. THE SIGNATURE OF THE BIDDER ON THE BID BOND MUST BE NOTARIZED. RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. 7 Section 2 - b nfotmation0idders 0922-2014 CITY OF SANTA ANA INSTRUCTIONS LICENSE REQUIREMENTS At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of the State of California, and must possess a contractor's license as identified in the Notice Inviting Bids. ASSIGNMENT OF CONTRACT In accordance with Section 4552 of the Government Code, the BIDDER shall confirm that in submitting a bid to a public purchasing body, the BIDDER offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professional Code], arising from purchases of goods, materials, or services by the BIDDER for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the BIDDER. No assignment by the contractor of any contract to be entered into hereunder or of any part thereof, or of funds to be received there under by the contractor, will be recognized by the AGENCY unless such assignment has had the prior approval of the AGENCY and the surety has been given due notice of such assignment in writing and has consented thereto in writing. NON -COLLUSION AFFIDAVIT The AGENCY shall require all bidders to execute and submit a non -collusion affidavit with the Bid Proposal. The AGENCY reserves the right to accept the non -collusion affidavit before the award of the contract. I Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California. LABOR DISCRIMINATION Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: 8 Section 2 - b I nformatloneldders 09-22-2014 CITY OF SANTA ANA INSTRUCTIONS "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter." A copy of the Certification of Nondiscrimination by Contractors, as provided in the PROPOSAL section of these Contract Documents, shall be executed by BIDDER and submitted with the Bid. DISCREPANCIES AND MISUNDERSTANDINGS BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY and clarified prior to the submission of bid proposals. RETENTION At the request and expense of the contractor, securities equivalent to the ten percent (10%) withheld from progress payments pursuant to the AGENCY's Standard General Conditions shall be deposited with the AGENCY or a state or federally charted bank as the escrow agent, who shall pay such monies to the contractor upon satisfactory completion of the contract. Securities eligible for investment shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereof. SUBSTITUTIONS Where the specifications or drawings specify any material, product, thing, or service by the more brand names, whether or not "or equal" is added, and a bidder wishes to propose the use of another item as being equal, he shall request approval therefore as set forth in Section 4-1.6 of the Standard Specifications. 9 Secton 2, b Inform ationBidders 09-22-2014 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents including the Plans and Specifications, read the Notice Inviting Bids, and reviewed the Summary of Bid Proposal Documents, List of Contract Documents, and Information to Bidders for Proposal Submission, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Bid Item Unit Qty Base Bid Base Bid Alternate# Alternate#1 Night Night 1Unit Price Day Work Work Unit Work Day Work Amount Price Amount 1. 8" Class 200 AWWA $/�U ao� 70 $ C900 P.V.C. Water Main LF 1,050 2 12" Class 200 AWWA $ /00q,Do $ $19y O o $ 70 Doo C900 P.V.C. Water Main LF 4,985 Construct 1" Water 3. Service per City Std. EA 51 $ 11,0 $ %%/ �/aa 0 $ / S vo a1 $ 74 0o Plan 1401 Construct 2" Water 4. Service per City Std. EA 24 $ y, -0G--o $ 0600'' $ 3,000 $_000 s' Plan 1402 4" Service Connection 5 Including 4" RWGV EA 2 $ $ 3 700 $'y4 (Resilient Wedge Gate Valve) 4" Fire Line Connection 6 Including 4" $ 3,�0o $7iV00 n $ '3906 $ 7 a08 -z' s-7-a08--z' (Resilient Wedge Gate Wedge G EA 2 P-la Se06i 3 - z B.,W 09-22-2014 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS Item Bid Item Unit Qty Base Bid Base Bid Alternate# Alternate#1 Night Night 1Unit Price Day Work Work Unit Work Day Work Amount Price Amount New Fire Hydrant y, ("f 7. Assembly, Including EA 17 $ $&/ —01 $' 3ao'® $ Gate Valve and Lateral Pipe 8. 1" Air Vacuum and $ c $ "osv $ Do0 Release Valve EA 4 9 Vertical Offset per City $ & PCA" $ $ � $ ag, boe Std. Plan 1413B EA 4�� 10. 8" Resilient Wedge Gate $� Valve EA 12 11 12" Resilient Wedge $ 4 y, $ 3 $ Mao $ c c ®po Gate Valve EA 11 Bore and Jack, Install 12. Steel Casing and PVC EA 4 00 Carrier Pipe 13. Traffic Loop Detector EA 45 $ ?7S y $�5- $ _.�o® SOa -0 14. Signing and Striping LS 1 $ $ LJ�� f" <� $aaov �' $ 4Aq `J 15. Traffic Control and LS 1 Traffic Control PlanTOTAL BID �S93,SYc7.Do /,G73,GyD.o® The lowest responsible bidder shall be selected based on the BASE BID Amount. The City reserves the right to award the Base Bid, and any, all or none of the alternate Bid Items. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete said work within one hundred and twentv five (125) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within thirty (30) calendar days after issuance of a Notice To Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. P -lb Sedmn 3 - a Proposal 09-22-2014 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS The liquidated damages amount, in lieu of that specified in Subsection 6-9 of the Standard Specifications, shall be $1000 per calendar day. The undersigned bidder acknowledges receipt of the following addenda issued for the above project. If no addenda have been received, write "none." List of Addenda Rece BIDDER Firm: Address: Telephone: Signature: fir.-••-� �i7` 9�' /yO� The foregoing quantities are approximate only, being given as a basis for the comparison of bids, 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 by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work. The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) calendar days, not including Sundays, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Santa Ana. The bidder also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. It is understood and agreed that: (1.)After the bid has been accepted, the designated contractor shall attend a pre -job conference. The contractor shall be informed of said time and location. (2.) No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal. (3.) The City will not be responsible for any errors or omissions on the part of the undersigned in making up their bid, nor will bidder be released on account of errors. P -lc Section 3 - a Pm,o,.l 09-22-2014 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-82) SANTA ANA, CA 92701 TRANSMITTAL COVER SHEET DATE: October 8, 2014 SUBJECT: ADDENDUM NO.: ONE REMARKS: PAGES ATTACHED: 2 PROJECT NO.: 11-6416 MAIL STATION: M-82 PLEASE REPLY VIA E-MAIL TO: Rudy R. E-MAIL ADDRESS: rrosas@santa-ana.org PHONE NO.: 714-647-3379 NOTE: UPON RECEIPT OF ADDENDUM, PLEASE COMPLETE AND SEND VIA E-MAIL TO THE CITY OF SANTA ANA ATTENTION: Rudy Rosas FAX NO.: 714-647-3345 1 HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: PROJECT NAME: (signature if faxed) COMPANY: SIGNATURE: DATE: /1/e PRINT NAME: TITLE: MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele C. Martinez Roman A. Rayne Vincent F. Sarmiento October 7, 2014 ADDENDUM NO. ONE SUBJECT: PROJECT NO. IMPROVEMENTS CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar 11-6416: SEVENTEENTH STREET WATER MAIN The following changes/clarifications have been made to the Contract Documents of the subject project: Page P-4, LIST OF SUB -CONTRACTORS 1. Discard Page P-4, LIST OF SUB -CONTRACTORS; Replace with the updated Page P-4, LIST OF SUB -CONTRACTORS: See attached. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA OdolF�fo Rosas Senior Civil Engineer CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-82) SANTA ANA, CA 92701 TRANSMITTAL COVER SHEET DATE: October 16, 2014 SUBJECT: ADDENDUM NO.: REMARKS: PAGES ATTACHED: TWO PROJECT NO.: 11-6416 2 MAIL STATION: M-82 PLEASE REPLY VIA E-MAIL TO: Rudy R. E-MAIL ADDRESS: rrosas@santa-ana.org PHONE NO.: 714-647-3379 NOTE: UPON RECEIPT OF ADDENDUM, PLEASE COMPLETE AND SEND VIA E-MAIL TO THE CITY OF SANTA ANA ATTENTION: Rudy Rosas FAX NO.: 114-641-3345 1 HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: -Z-- PROJECT NAME:r"I1e . Z — -,& / (signature if faxed) COMPANY: SIGNATURE: PRINT NAME: DATE: TITLE: �7-1 MAYOR Miguel A. Pulido MAYOR PRO "(ENI Sal Tinaiero COUNCILMEMBERS Angelica Am ezcua P. David Benavides Michele C, Martinez Roman A. Reyna Vincent F. Sarmiento October 15, 2014 ADDENDUM NO. TWO SUBJECT: PROJECT NO, IMPROVEMENTS CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 11-6416: SEVENTEENTH CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hldzar STREET WATER MAIN The following changes/clarifications have been made to the Contract Documents of the subject project: Pace P-6, ADDITIONAL REFERENCES 1. Discard Page P-6, ADDITIONAL REFERENCES; Replace with the updated Page P-6, ADDITIONAL REFERENCES: See attached. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Roddlfo Rosas Senior Civil Engineer CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6416 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Business Address: Telephone: 2/y= 4 32 " ? 9 2 - State Contractor's License No. and Class: Expiration Date: Signed: Title: P-ld Section 3 - a P.,,5 [ 09-22-2014 CITY OF SANTA ANA PROPOSAL OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) ' go'i 6L -t 0 cid being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, f0imself or any other person. Signature of Subscribed and sw�rn to before me this day of 20 _ Signature of officer A ministering Oath (Notary Public) cL� P-2 Seati.n 3 - b P,,.s.l 09-22-2014 JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20t1i day of October, 2014 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (1-- �� +�.. Sl a ure (Notary Seat) CYNTHIA J. VALENCIA Commission # 1952790 Z : Notary Puhlic - California Z orange County a My Comm. Expires Oct 15, 2015' OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Number of pages: Document Date: (Additional Information) CITY OF SANTA ANA PROPOSAL Bond #7-B Premium nil KNOW ALL MEN BY THESE PRESENTS that, Paulus Engineering, Inc. as BIDDER, and North American Specialty 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 amount bid Dollars( 10% ), 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 Or 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 29th dayof SeptembE BIDDER* Paulus 2871 E �Jefhereto have set their names, titles, hands, and seal this �,/z0 14 ✓ering, Inc. Lado Street, Anaheim, CA 92806 714/632-3322 SURETY* North Wrican Specialty Insurance Company 714/550-7799 6 Hutton Centre Drive, Ste. 850, Santa Ana, CA 92707 By: T' CHARLES L. FLAKE/ Subscribed and sworn to bel ,z0_ Signature: me IN - this day of Notary Public in and for the County of ,state of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Agent: Culbertson Insurance Services, Inc. 5500 E. Santa Ana Canyon Road #201 Anaheim, CA 92807 714/921-0530 P-3 WAlo P-UPm9 99.22.2014 CALIFORAIA .9xC. sn v\. vF\ an sx ,c�<,. . �. . .axAi-sai', : sa�� ..t .a .. ,oa. a. a . - . a �a4.ca ca a�.. >a.. - cn �� >•,. IN See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) f; Signature of Document Signer No. 1 State of California County of ORANGE JAN C. MORAN COMM.#1967021 3 (7 ,-.'hrA < NOTARYPUBLIC oCAUFORNIA j i ORANGE COUNTY Comm. Exp. FEB. 17, 2016 Signature of Document Signer No. 2 (If any) Subscribed and sworn to (or affirmed) before me on this 29TH day Of SEPTEMBER , 20 14 _, by Date Month Year (1) CHARLES L. FLAKE Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) are (2) Na( s of Signer proved to me on the basis of satisfactory evidence to be the person who (appeared before me.) Signature �zw USignature of Notary Public Place Notary Seal Above OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUM13PRINTRIGHTHUMBPRINT OF SIGNER #i T OF SIGN TRI 02007 National Notary Association, 9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313-2402• www.NafionalNotary.org Item#5910 Reorder.. Call Toll -Free 1-800876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of Now Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLARE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its into and lawful Attorrtey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act acrd deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship excouted under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and cacti or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Compan and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or Certificate bearing such facsimile signatures or facsimile seal shall be .binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," \\�IQalunNll/I/// ,A�XUY1411111n p1b .�' e;.uytiDdRsy.G 3� �3kr`uynPbttyr� 33 eF By s.. di Eleven P,Anderson,awior Vice Prenident or WAehingtop rnseronaonal lnsurnnce Gompany +e gt BFJiI +�� 5 1 $ L �. � &Santa.v1wPresiJent ofNor@AmeriCnn 6pe4aty Insurance Company gO�'1 % I n %%%%\iq �sikGv syy�+.-..•...�. .,J�....,*,.. Qy .f/ w luluw aym Dnsid Vie pralo,Vioc Noah American Wnnhingtap IA nu AMCInal"Ancc Company & Vlec Prc>Ident nr North AmoHcan Speeinity rn5urnnCe C'ampany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Corry have caused t14ir official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of T, Y • 201 North American Specialty Insurance Company Washington International Insurance Company State of Illinois -County of Cook as: On this17th day of hdy , 2014 , before me, a Notary Public personally appeared Steven P Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North Arnericalr Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, "OFFILP.9m/riQ DON Rotaris Donna D. Sklens, Notary Public - M' C.o015 . I, Jeftioev Goldberg;,_,_yhe duly elected Assistant Secretary North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of aPower of Attorney given by said North American Specially Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have sot my hand and affixed the seals of the Companies this 29th day of sss�PPte2,aa,-"r , 20 14 Jolley Coldbas, Viw President & Atentral Sxmmry ar Wenhh,don Immumiaaal Insuranm Company & Noa Amedoan 9Peoialty /nsaad=Company JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 29t11 day of _September, 20t4 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Slgnatu (Notary Seal) CYNTHIA J. VALENCIA - Commission # 1952790 < ==ec Notary Public - California i z"' Orange County My Comm. Expires Oct 15, 2015! OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('title or description of attached document) Number of pages: Document Date: (Additional hll'ormation) CITY OF SANTA ANA PROPOSAL LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors and their California contractor license with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Y,% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME "-. e' -:,F- �- NAME LOCATION ydv(.¢.�d�7p LOCATION PHONE �9s�� i3G- 7G2s' PHONE TYPE OF WORK �,; �{ d /, TYPE OF WORK AMOUNTS //7 _ orr'o.mo AMOUNT$ _ License No. y47e-23 License No. NAME PHONE TYPE OF WORK AMOUNTS License No. PHONE TYPE OF WORK AMOUNT $ License No. NAME f,��/91, ��G.`/l `ne- NAME LOCATION y /,( ;,,ir�6CATION _ PHONE PHONE TYPE OF WORK lig f�� Lo o a S TYPE OF WORK AMOUNT$ �/y Z,�O_ o a---� AMOUNT$ License No. S 2 93'L License No. _ 3,01 LOCATION _ PHONE TYPE OF WORK AMOUNTS _ License No. Signatur f Bidder P-4 Section 3 - b Propose109-22-2014 10 TiTIN VP LOCATION _ PHONE TYPE OF WORK AMOUNT $ License No. CITY OF SANTA ANA PROPOSAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. 1. Name and Address of Owner. ,+TJ-ACH`lo Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. 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. 5 [- 4 r-11-4 r twe— l 3 P-5 Section 3 - b Pmposx109-22-2014 Q DESIGNATION OF SURETIES Bidders na ,, . w -� � ��� u.. ��s- _b�.�,_� _ � ..-� -a��r i �_, _�� �f Uoo , I r ll lm, r✓GGf 4a�� � 0_1-6..2erqu1C�L1C kP.n. �VI rn.,- I1ACc,a.1 -?q N �r- E O C11 o00 U r O 0 m0 �° C (p - N ° rn d c .n. co U Z a a �' v a� E °� o o � v 3 3 d E Y 3 3 m 0 c m n¢ O m° E m U E -Z` N m a m c mZZ tC O Q o • m B Qo (A cu -U aoonN o dUN c c moQ Ut° omm 'g>E N aUm °7 °cCd 0 ¢Co a Q N N Y m 0 6Lo �ULza c u UaN f Z@770) O d, N ami>"` -M 0 ami d N N¢ LO Zi9co m(7ZU' r. U—mmQM m..0 0wU)C) c N O +' (6 m a Q N c o c c �0 N o La E N N � E 3 N N z z z z w m m o 0 0 m a 4 E OD o o 0 U Iv a a a E a > v mo > 3 3 a m m U > tq M (� t c o 0 0 0 0 0 0 0 o m oLo E m v Q o LO LO m m co D - O c 0 ea 1: va e» va ) ` ) `°$— 7eee ) (D)/\ 0033 §« � I~® \) y342 >C)0 \/f[ )_. n-§\ /»wmR e/j\ 06 U) ()�»@ LO C11 )(k( 0 2_ =LD a) y°^ a ID o om§ J)0 k�§¥ —// /]= EE ¥«aE@� §)EG z)3og f ± z z z z z z 00 E \ \ \{ \ a * a2 + )/.® _ ! f \� {/(/ \ $ 7\(\ 2 �@)\ {[® I(0 2 - �5e# § k)/; �_#2/ w4 §§ai r-4 G A§£ ®�� \ \}\\s <> 6»`§ \\(\«( r- )/666` e \/o- sg%/4 \®k\\ aerf)f 0 "Cli2 33z(D /\3±« y< < < z z z z E ƒ \ / \ \ \ \ CITY OF SANTA ANA PROPOSAL ADDITIONAL REFERENCES The following are additional names, addresses, and telephone numbers for public agencies for which the BIDDER or Subcontractor has performed placement of water main construction in the past 5 years. NaMe and Address of Owner. Name and Telephone Number of person familiar with project. 030 Contract Amount Type of Work Date Completed 2. Z^ C 7- Name and Address of owner. CA- FFFrtr-r c/e/% 5`T7- 70 I6 Name and Telephone Number of person familiar with project. i Contract Amount Type of Work Date Completed 3. (f /T!D,F L/x1w7( Name and Address of owner. Name and Telephone Number of person familiar with project. -1z1u e,Ar& ,z L.,ti _ 3Oad�3 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. P-6 sWm� 3. b Propm [09.22-2014 CITY OF SANTA ANA PROPOSAL 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 sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that ma a false certification may subject the certifier to criminal prosecution. Signed State of California N County of Sul scribeafn� sworn to (or affirmed) before me on this !day of ()(,�, 2044 -by jh7;gC t 1 , proved to me on the basis of satisfactory evidence to be the per-so,n(s) who appeared before me N660ublic _Sig06ture Notary Public Seal CYNTHHIq J. V—ALENCIA Commission # 1952790 Z Z =cs Notary Puhllc - California Z Z Orange County ] y My Comm. Expires Oct 15. 2015 pave P-7 Section 3 -b Proposal 09-22-2014 CITY OF SANTA ANA PROPOSAL NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, 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 P-8 SMmn 3 - b 09-22-2014 CITY OF SANTA ANA PROPOSAL 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, a cept as provided in Section 1420, and any contractor of public works violating this Sectio s ubject to all the penalties imposed for a violation of the Chapter. Signed: Title: ,i�e,s,��/ S. ✓s. —� Firm: /.far�S ee,I Date: P-9 Swion 3 - 6 P,.,W 09-22-2014 CITY OF SANTA ANA PROPOSAL 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the pu lic work, in the same amount or upon the same basis and in the same manner as the otf r ontractors, except contractors not signatory to the trust agreement shall pay a like amou o the California Apprenticeship Council. Signed: Title: �s,�!� Firm: Date: /T ��c/ P-10 Section 3 - b Proposal 09-22-2014 CITY OF SANTA ANA PROPOSAL 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 prohibited from inducing, by any means, any person employed in the construction or epair of public work, to give up any part of the compensation to which he/she is otherwise en tl Signed: Title: Firm: i Date: P-11 Section 3 - b Proposal 09-22-2014 CITY OF SANTA ANA PROPOSAL PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE 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-12 Section 3 - b Pmyosal 09-22-2014 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 15, 2015 TITLE: TERMINATE CONTRACT FOR SEVENTEENTH STREET WATER MAIN IMPROVEMENTS, BRISTOL TO BROADWAY (PROJECT 11-6416) (STRATEGIC PLAN NO. 6, 1B) I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED yob"ys"�S LFAs Recommended/ a j ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Executive Director of Public Works to terminate for convenience the contract extended to Paulus Engineering for construction of the Seventeenth Street Water Main, originally awarded in the amount not to exceed of $1,832,571, but now closing the contract for a $1,287,167.64 total. Approve Change Order No. 2 in the amount of $178,184.15 which is a contract increase to pay for remaining inventory of water main materials. Approve Change Order No. 3 which is a final closeout credit, reducing the contract by $818,547. DISCUSSION On December 2, 2014, the City awarded a construction contract to Paulus Engineering, Inc., to replace the water main in Seventeenth Street from Bristol to Broadway for a total not to exceed amount of $1,832,571. The water main being replaced was installed in the 1930's and had begun to experience a number of breaks and leaks. Based on critical factors such as age, history of breaks, size, location, and system redundancy, this water main was the highest priority for replacement. During the first phase of construction between Broadway and Flower (Exhibit 1), the contractor encountered a number of utilities that were not identified in the contract documents. The interfering utilities made it necessary either to realign the water main or to relocate the interfering utilities. Either option resulted in major project delays and additional costs, some of which would be the City's responsibility. Generally, record information, such as that provided in the contract documents, is sufficiently accurate to account for minor realignment and adjustments. However, the variation encountered for this project was too great to proceed without potholing, which is an accurate and cost-effective method of establishing utility alignments. In preparation for the second phase of construction between Flower and Bristol, staff directed the contractor to pothole the existing utilities to verify underground alignments and soil conditions. After reviewing the pothole information, staff confirmed that the water main would require numerous realignments and adjustments resulting in substantial additional costs. Therefore, staff recommends the Approve Change Orders for Seventeenth Street Water Main Improvements: Bristol Street to Broadway December 15, 2015 Page 2 current contract be terminated for convenience pursuant to the Contract, specifically the provisions found in the Standard Specifications for Public Works Construction, which is incorporated into the City's standard construction contracts. As part of the recommendation, the second phase of construction would be rebid so that competitive pricing would apply to the realigned improvements. It is staff's opinion that pricing for the second phase will be more competitive if it is rebid compared to the current contract which would rely on change orders to establish prices. The change order process to establish prices is inherently a non-competitive method and exposes the City to inflated costs compared to bidding. Staff has directed Paulus Engineering to complete the first phase of the project so that it would be completed as a stand-alone project. While all costs related to the first phase have been established and mutually agreed upon, there were construction materials, however, which were acquired at bulk prices by the contractor for the entire project. Consequently all of the material remaining for the second phase has been inventoried and accounted for, and is under storage at the City Corporate Yard. Staff therefore recommends approving a change order to cover the cost of materials which will be used to complete the second phase. The inventory of materials will reduce the construction bid for the second phase by an amount equivalent to this recommended change order. At this point, if authorized by the City Council, the contractor would be informed that the City is terminating the contract for convenience and order them to demobilize. The completion of the first phase as a stand- alone project will reduce any potential clams by the contractor. The table below summarizes the status of the construction contract City Council Authorized Expenditures Construction Contract $1,593,540.00 Construction Contingency $239:031.00 Maximum Authorized $1,832,571.00 Staff Approved Work Contract (Bid Quantities) $1,593,540.00 Change Order 1 $333,990.49 Change Order 2 $178,184.15 Change Order No. 3 (Quantity Adjustments) ($818,547.00) Total Approved Work $1,287,167.64 LEGAL REVIEW Our City Attorney has analyzed the contract, change orders, and cost summary, and has asserted that Change Order No. 1 in the amount of $333,990.49, representing a 20.96 percent increase in the contract, is within the 25 percent change order umbrella contained in the Contract Standard Specifications for Public Works Construction, known as the "Green Book," which was previously approved by the City Council when the contract was awarded. This change order by itself does not exceed the maximum authorized expenditure. However, upon adding Change Order No. 2 (Exhibit 2), the new contract total would exceed the 25 percent limit. Moreover, Change Order No. 3 (Exhibit 3) effectively terminates the contract by reducing the Approve Change Orders for Seventeenth Street Water Main Improvements: Bristol Street to Broadway December 15, 2015 Page 3 construction quantities to the completed first phase only. Therefore, for the reasons stated above, staff recommends terminating the contract and carrying the remaining funds from this contract to use on a subsequent contract for the second phase. The second phase would be rebid with a credit of approximately $178,184 in the form of water main inventory available for that project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT There are no environmental impacts associated with the recommended action. FISCAL IMPACT The construction contract awarded for this project is $1,832,571.00, including construction contingency. The cost to complete the first phase including all Change Orders for unforeseen utility conditions and the water main material for the second phase is $1,287,167.64 (Exhibit 4). Remaining funds of $545,403.36 will be carried over in the Water Capital Projects Fund (Account No. 06617620-66301, Project No. 11- 6416) for use in the second phase of this project. Executive Director Public Works Agency FM/EWG/TC Exhibits: 1. Vicinity Map 2. Change Order No. 2 3. Change Order No. 3 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency