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HomeMy WebLinkAbout23A - PROJ - CIVIC CENTER RE-CAULKINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 16, 2016 TITLE: AWARD CONTRACT TO NAKA ENGINEERING AND CONSTRUCTION, INC., FOR THE CIVIC CENTER RE- CAULKING EXPANSION JOINTS PROJECT (PROJECT NO. 16 -2651) {STRATEGIC PLAN NO. 6, 1G} Jr, Y IMANAW RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Naka Engineering and Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $86,832, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Civic Center Re- caulking Expansion Joints project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $113,000, which includes the contract base amount, administration, inspection, testing, and a $17,368 contingency. DISCUSSION The Civic Center Re- caulking Expansion Joints project consists of performing maintenance to the concrete surfaces of the Plaza of the Fountains and the Plaza of the Flags in the Civic Center (Exhibit 1). Approximately every decade, the concrete joints need to be resealed to maintain structural integrity and prevent rainfall and water runoff from seeping through the concrete. Without this maintenance, the concrete would deteriorate and potentially flood structures beneath the plaza areas. The scope of work includes Portland concrete cement repairs and the sealing of expansion joints and cracks with an elastomeric polyurethane sealant and primer. Once completed, the improvements will enhance the safety, accessibility, and structural integrity of the Plaza of the Fountains and the Plaza of the Flags. 23A -1 Contract Award - Civic Center Re- Caulking Expansion Joints Project August 16, 2016 Page 2 A Notice Inviting Bids was advertised for bid on June 6 and June 13, 2016, and bids were opened on July 6, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 9 Contractors requesting bidding documents 11 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Naka Engineering & Construction, Inc. Laguna Hills, CA $86,832.00 2 Pacific Waterproofing & Restoration, Inc. Pomona, CA $174,597.00 A total of three bids were received and two were considered responsive. Naka Engineering & Construction, Inc., submitted the lowest responsive bid in the amount of $86,832.00 (Exhibit 2). The Naka Engineering & Construction, Inc., bid is comparable to the engineer's estimate of $84,575. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Naka Engineering & Construction, Inc. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -83 was filed for this project. 23A -2 Contract Award - Civic Center Re- Caulking Expansion Joints Project August 16, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $113,000, which includes construction, contract administration, inspection, testing, and contingencies. Funds are budgeted in the Civic Center Maintenance Fund — (Account No. 07413260- 66220, Project No. 16 -2651) for expenditure in Fiscal Year 2016 -17. IVA1� --rred Mousavipour Executive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: �Lll � �� C A �) i As� Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 J H to rr W 3 O J LL E:1 CIVIC CENTER DR PARKING SANTA ANA STRUCTURE lu LIBRARY FEO IN B U 10 ERA SANTA ANA BLVD PROJECT LOCATION I-- V) to N O Im ME 0 m -N SANTA ANA CITY COUNCIL PROJECT 16 -2651 ■ P W A ■ AGENDA DATE: CIVIC CENTER RE- CAULKING PLAZA OF THE --�® u AUGUST 16, 2016 FOUNTAINS AND PLAZA OF THE FLAGS ^ Ic �s MEKT EXPANSION JOINTS PAGE 1 OF 1 Exhibit 1 23A -5 23A -6 Exhibit 2 CITI' OF SANTA ANA Addendum Three 6/29/16 13ROPOSAIa PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINT'S AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS BID PROPOSAL TO: CITY COUNCIL OF TILE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(g) set forth in the following schedule: P -1 ofP -16 23A -7 CITY OF SANTA. ANA Addendum 'three 6/29/16 PROPOSAL PROTECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF TIIE POLTNTAINS AND PLAZA OF THE FLAGS Stem Description Qty Unit Unit Price Amount } Sibilex 2C St, Joint Sealant (I imastone color) & Hacker Rod 0,900 LF $ :37 3 6 / / ^°7 .J3 , 2 _ Sikailex Primer 429 10,900 LF $ � 3 J $ vi79• 3 Temporary Construction Sign 6 _ EA $ 920 $ i y 5 4 PCC Plaza Repair (4 "to'7 ") *� 1,000 SF $ p $ U/000, S Unclassii'iedExcavation* 30 CY $ (l o $ e'0 f pl�n TCDTAT. HASP BTD � �/ �� Qp The lowest responsible bidder shall be selected based on the total base bid, The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR CC7NPLETTON GI' }IyIPROVEII}E ,T "� Ai�T }7 LIGI.7InATEI7 llAMAGES The undersigned bidder hereby proposes to complete the Work for the total bast bid amount shown above, within a Luber (30) working days aller the commencement date stated in the Notice to Proceed. -� The liquidated damages amount, in lieu of the mount specified)i specified) Subsection 6-9 of the Standard Specifications, shall be $300 miirimrun 17 r "calendar day. Name of Firm Signature of BIDDER Title 'Vrr /' eg (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state. legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -2 of P -16 23A -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (1.0) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to Im-nish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid, In accordance with Section 7028,15 oft _Califurni usiness and Professions Code, the undersigned certifies under penalty o�p rlury that the foregoin true and correct. Name of Firm Signature of BIDDER Title 'y`e5}� (If an In ividual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) I' -3 of P- t 6 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS A'r PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS CON "TRACTOR'S LICENSING AND REGISTRA I'iON STATEMEN "T The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E -Mail Address: Telephone: _ y41` ) Z_C� 1? — State Contractor's License No. and Class: `2z gs a�.__ License Expiration Date: (f �j} � zo State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Registration Ea Signed: Title: P -4 of P -16 23A -10 �2-6-53 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section '1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each crali, classification or type of worker needed to execute the Sol-vices available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employces and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is tru correct. Name of Firm / l ,?,'S />_ i(7, i q i P} PC° t 0 q r5:-, i AA 'r nm. Signature of BIDDER Title (if an individual, so P -5 of P -'16 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THIS FOUNTAINS AND PLAZA OF THE FLAGS OWNERSHIP AFFIDAVIT STATE, OF CALIFORNIA I COUNTY OF ORAN L I SS: CITY OFF SAN" 'A ANA ) �/ kex —T adc I! f�-, (i1 / 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 Grin 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- parmeitship. [XCORPORATTON That he is of: El JOINT VENTURE That he is or: 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 bi is genuine and n t collusive or sham, and has not in any manner sought by Coll to s cure any advantag against the City of Santa Ana or any person interested in the prop ed cont act, for himself9 any other person. of Subscribed and sworn to before me this day of /I 20 IT Signature of officer Administering Oath (Notary Public) P -6 of P -16 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS BID FOND KNOW AI,1, ' o� ec r I A^ ��{ 3 7%9 , as BIDDER, and - -- �a'r �—�G as SURETY, are held and firmly bound unto theC Y OF S N ANA, as AGENCY, in the penal sum of _ Dollars ($ ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGA'T'ION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this ___ day of 20—. BIDDER* SURETY* Subscribed and sworn to before me 20`. Signature: Notary Public in and for the County of , State of this day of Provide BIDDER / SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. as I bot-e; std 41` c kvl (kllrX� floe) P -7 of P -16 23A -13 Western Surety Company BID BOND (Percentage) Bond Number _?7 s9e221) KNOW ALL PERSONS BY THESE PRESENTS, That we Neka E»- ginaerina & gonst_uctj Inc -6031 H7 rit ir., ;P tS, Laquna 92653 hereinafter —, referred to as the Principal and Wo_s;. r , .,ure— (:o1r:laan7 —, as Surety, are held and firmly bound unto _.i r__y= f_sanc_ Aria Of 20 Civic Center Plaza Santa Ana, UA g„J,7Ci 7. hereinafter referred to as the Obligee, in the sum of_ _., Ten ( _t o b) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has Submitted or is about to submit a proposal to Obligee on a contract far.__ J,inC_ Pe_ t -,u7 kinq, ;it_ir; r.. ntc_s Pt iry,_s.�gt,;, Ana NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this._._'? , =t ____ clay of Fonn F5876 M F J itl -4 .L'2C it 1nG (Principal) , (Seal) 4�e =_:t ei,n Surat -Car: >an (Surety) By r e,kt., r.ia>v eArzn,rs Attorney -in -,� CpAPORgpF�. - SEAL 23A -14 Western Surety Compaq' POWER OF ATTORNEY - CERTIFIED COPY Bond No 77796229 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company '), does by these presents make, constitute and appoint KIMBERLY ANN FARRT8 its true and lawful attorney(s)�in -fact, with frill power and authority hereby conferred, to execute, acknowledge and da$ver for and on its behalf as Surety, bonds for; Principal.. Naka Engineering & Construction Inc Obligee: City of Santa Ana Amount' $500,000.00 and to bind the Company thereby as fully and io the same extent as if such bands were signed by the Senior Vice President, sealed with the corporate seal of the Company mid duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full farce and effect. 'Section 7, All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other atfuears as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may app clot Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The oorporate seal is not necessary for the validity of any bonds, 1) oliole3, and or. takings, Po were of Attorney or other obligations o£t.ha corporation, The signature of any such officer and the corporate seal maybe printed by faosimile;' All authority hereby cormiscrod shall expire and terminate, without notice, unless used before midnight of Selpt eMb2T 21 2016 , but until such time shall be irrevocable mil in Tull force mid effect. and,`9�q;• Western Surety Company has caused these presents er be signed by its Vice President, Paul T. Brufl' at, marl its iitleis 21st day of June 1 2016 WESAri'l, SU RE COMPANY ST`fF SsOUTI Or l G.� �atil'1'. ruAat, \ /ioa President 00 L Jrlt3'RN>a On this 21st day of JLlne _, in the year 2016 , before me, a notary public, personally appeared Paul T, Brrdlat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WBSTEP.N SURETY COMPANY mid acknowledged said instrument to be the voluntary act and deed of said corporation J, MOHR +Y4'wS bh40b+rhaewraXh4+rMaroygh + s SEAL NOTARY PUBLIC s s SOUTH DAKOTA 9EAL s Notm'y Public - South TJakoba Jr +b4Y�+,hk PohY4W b^ubS4444w•e Fb + Hy Commission Expires June 23, 2021 1 the undersigned officer of Western Surety Company, a stools corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is w full. faros and effect mid is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as sot, forth in the Power of Attorney is now in force. in testimony wheroof, T have heucnurto set my hand and seal of Wstarn Surety Company this 21st day of ___ Juno - 2016,_, WEST R SURE Y COMPANY Paul T. rudet, Vice .Presidont To validatc bond auth.enl:ieity, go to ivww.cnasnrely eont > Owner /Obligee Services > Validate Bond Coverage, Form F6306 -1 -2016 23A -15 ACKNOWLEDGMENT rA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi� of that document. State of California County of ___ Sacramento ) On 6/14/16 before me., Sarah M Marinelli, Notary Public (insert name and title of the officer) personally appeared Kimberly Ann Farris _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. rorro. SARAIi M. MARINr:I.LI WITNESS my hand and official seal. Commission a 1987480 z Notary Public - California z // Sacramento County > Z/�Seal) Si F.xpi A 5 2016 gnature CJ My Comm, OPTIONAL Though the information bolow Is not requirad b,y law, it may prove valuable to persons relyrng on the document and could proven' fraudulent romoval and reattachment of this foam to another docmnent. Description of Attached Document Title or Type of Document: __ bla utonG_____ ._- Document Date: 6/14/16 Number of Pages: Signers) Other Than Named Above: ___ Capacity(ies) Claimed by Signer(s) Signer's Name: -- Corporate Officer— Title(s): • Individual • Partner — 0 Limited ❑ General Top of mama here X1 Attorney in Fact C j Trustee • Guardian or Conservator • Other: Signer Is Representing: _ Western Surma Cqm ap ny _ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual T O Partner — O Limited +J General Top of mcmn ncre CI Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 23A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS LIST Of' SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Yz% of the bid or $10,000, whichever is greater V/ Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Connect Code requires all Subcontractors be registered with the State Department of industrial Relations (DIR). BIDDER proposes to subcontract main portions of the work to the firms listed below: Name t— m 6A ("_'r�u License # /Exp. / Jr DIR Reg. # /Exp. Location Zp�) e� Phone 4r4 )5,' . q 1 0al mltctr,C Type Of Work 42r tti� p Amount $ #1 N ame License # /Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp, DIR Reg. # /Exp. License # Location Phone Name License # /Exp, DIR Reg. # /Exp. Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Location Phone _ Type Of Work Amount $ Name License # /Exp. DIR 'Reg. #/Exp, License # Location Phone Type Of Work Amount $ 1' -8 ofP -16 23A -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULI4ING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF TIME FLAGS The following are the names, addresses, and telephone numbers for TITREE public agencies for which the BIDDER has performed similar work within the past three years. 2. 3. Namlian (Address of Owner. / m k ` ✓ lL i iii i (y 1 efC(1 17 i 1,0 6 It Y/ —5 er -1 � Name and Telephone N tuber of person fammliar with project. — i1�4(li�:_i`r:tl::1J.7LL:�� _ Contract Amount Type of ork Date Completed L _ �="m � rlr% Nam 'and ddresr. a // 9 Cc Name and Telephone Number of erson familiar ith project. W. f 2:12 ° ct 5'�i ee C �1'[s ���s��' 2,013 Contract Amount Type of Work Date Completed �I ° _ � 5r�ii/r�li�9' Contract AmounC nt ( a � 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. rone'- 17erk01a in� !LLC � fi �toCO S° L n �j.�� 7 5 610 P -9 of P -16 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. VA Njne and Telephone Number Eli x960 P a Uontract owner. Nam and Telephone Number Contract Amount L e owner. of Worlae aF � Datk Completed Date Name and Telephone Number of person familiar with prgject. } i 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 -10 of P -16 23A -19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINT'S AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS 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- collu,,��i� Affidavit is rt of the Proposal. Signing this Proposal . on the signature portion t(iercof shall also c stitute signature of this Non - collusion Affidavit. B1DD,RRS a e cautioned that ma ng a false certification may subject the certifier to crir nal m•os eution. Signed State of California County of___,oni ? Subscribed and sworn to (or affirmed) before me on this day of , 20 _, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal a r? r)Z / ✓lt/ lP av✓f<, P -11 of P -16 23A -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF TFIE FOUNTAINS AND PLAZA OF THE FLAGS ICON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: i. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall send to each labor union or representative of workers with which he /she, has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the 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 11246 of September 24, 1965, , or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -12 of P -16 23A -21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS 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 Laborissued 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 tile United States. 8. Pursuant to California Labor Code Section amended, no discrimination shall bemadE because of race, religious creed '6olor, na condition, marital status, or ex of such pe contractor of public works violating this S violation of the Cl anter. 1735, as added by Chapter 643 Slats. 1939, and as its the employment of persons upon public works ionaligin, ancestry, physical handicaps, mental sons, cept as provided in Section 1420, and any ,ction s subject to all the penalties imposed for a Signed: Title: r i1'Srr�� Firm: j�ldl�c�� 1� rleerrPl 1 (''n7254(arli, / G, Date: �---� — P -13 of P -16 23A -22 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC; CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS 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 clays shall: 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. Contribute to the fiord or funds inyac'h craft or trr e in which Ire /she employs journeymen or apprentices on the public work ,fn the same amoun or upon the same basis and in the same manner as the other ontractor� except contractors of signatory to the trust agreement shall pay a like amoLm o the Califoenia Apprenticeship .ouncil. Signed: Title: __V2�5it1C'� G1f Firm: 61 i �1 t'�ul Gf> D7/�jG o 1 Date: P -14 of P -16 23A -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS ,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 Lab r'regulatioiis (4 CFR, Part 3). This act provides that each contractor or subcontractor shal e prohibited froth inducing, by any means, any person employed in the constructio or repai of public work, to the up any part of the compensation to which he /she is otherwis entitled. 7 Signed: % n Firm: � G�671 —71 . Dater = 2A .Uy P -15 of P -16 23A -24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER sball 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 If the answer is yes, explain the circumstances in the following space. P -16 of P -16 23A -25 MAYOR Miguel A. Pulido MAYOR PRO 7'EM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavidec Michele, Martinez Roman Reyna Sal Tinajero June 14, 2016 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza + P.O. Box 1988 M -36 Santa Ana, Caliemla 92702 (714) 047 -5013 v_v6nry _S2n a -an .or CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvaiho CLERK OF THE COUNCIL Mafia D. Huizar SUBJECT, PROJECT NO. 16 -2651 —Civic Center Re- Caulking Expansion Joints at Plaza of the Fountains and Plaza of the Flags The following change and clarification has been made to the Contract Documents and Specifications for the subject project: Bid Proposal page P -2 Replace with attached revised Bid Proposal ASpend(x A - Definition of Bid Items a Replace with attached revised Definition of Bid Items All other terms and conditions remain the same. CITY OF SANTA Engineer SANTA ANA CITY COUNCIL VOj1 Wp.lAPoOdn VmBn14 Salmienio M"W.Matlmaa Anpelke Ameirto POevid ae11.Weu RomnnR."'. SvGnalaro Mayor kl,. Pm fw,W.dI W.vril2 W,,.d3 'Nwd4 W.d5 M'd6 pQl.ta,RgMta MA LWI 2_1M, llo�)II- . , " . , «I++(YCgF 45inla �'n6 ory t-L. 'nnta_ ao� Ob tl� �$sJtr,2 {va ry IrOY{1dB25@Na.appWJ S9S!�IAfG{D!i4NBr4L29L!1 23A -26 CITY OF SANTA ANA Addendum One DEFINITION OF BID ITEMS 6114116 PROJECT NO.: '16.2651 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS DEFINITION OF BID ITEMS The unit prices paid for the items listed in the Contractor's Proposal as defined herein shall be considered full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in plaee, in accordance with the details shown on the Plans, as spec yled herein, and as directed by the Engineer. All incidental work which is neither shown on the Plans nor otherwise specked; and which is necessary to complete the improvements as shown on the Plans and as specked in the Contract Documents (dined in the ContraekAgreement), shall be furnished and installed as though such work were shown on the Plans or spewed in the Contract Documents, and no additional compensation shall be allowed therefore. The scope of work includes, but is not limited to, each bid item listed in the Contractor's Proposal and as described in the following, JOINT SEALANT' ITEMS Bid Item No. I - Slicaflex 2C SL Joint Sealant (Limestone color) & Backer Rod Payment for Silcanilex 2C SL Joint Sealant (Limestone color) & Backer Rod shall be at the contract unit price bid per linear feet listed in the Bid Proposal, and shall Include full compensation for doing all work, including removing any existing matarial in joints, furnishing all matorials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Contractor to verify widths of existing joints prior to bid« Bid Item No. 2 - Sikaflex Primer 429 Payment for Sikaflox Primer 429 shall be at the contract unit price bid per linear feet listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. Contractor to verify widths of existing joints prior to bid. Bid Item No. 2 - Temporary Construction Sign Payment for Temporary Construction Signs shall be at the contract unit price bid per each unit listed in the Bid Proposal, and shall include full compensation For doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore, I of I 23A -27 MAYOR Miguel A. Pardo MAYOR PRO TEM Vicente Sanniento COUNC,ILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Thoem June 20, 2016 ADDENDUM No. Two CITY OF SANTA ANA 20 Civic Center Plaza , P.O. Box 10 88 M -56 Santa Ana, California 02702 (714) 647 -5013 mvw.*ant4,-arfa Ufa CITY MANAGER David Cavazos CITY ATTORNEY Sala R. Carvalho CLERK OF THE COUNCIL. Maria D. Hulzar 10117 SUBJECT: PROJECT NO. 16 -2651 — Civic Center Re- Caulking Expansion Joints at Plaza of the Fountains and Plaza of the Flags The following change and clarification has been made to the Contract Documents and Specifications for the subject project: 1. Replace page iii Notice Inviting Bids. The Bid date has been moved to July 6, 2016. All other terms and conditions remain the same. CITY OF SANT City Engineer SANTA ANA CITY COUNCIL Mpol A P.M. Walt. swlNdfllll M'0'0I'. mwb"n ' A,gi1,,, Am,ycn, l 11 U,,,,0 aaaavm ®s tmman f2P.y:tB 'S ] raf',, . Mayo, Maya' Pro rem. W"'d I Mad z Wald 3 Waal 4 Were 3 Word G (IP jiyru?sgr as Iol9 vaaiaeJ 9m't1aongg9 1 atLR4iy 3 N +l+ 11 paI .emxGJe ngyy k!?r -1 d2apQy.,�'. E�,�L�lyig,-m reyn.Al— u.ale.orl anart"o@gdllopna.om 23A -28 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Bonavides Michele Martinez Roman Rayne Sal Tinajero June 29, 2016 CITY OF SANTA ANA 20 Civic Center Plaza m P.O. Box 1966 M -36 Santa Ana, California 92762 (714) 647 -5013 ttAm nta -anaAl rrg CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Marla D. Huizar SUBJECT: PROJECT NO. 16 -2651 —Civic Center Re- Caulking Expansion Joints at Plaza of the Fountains and Plaza of the Flags ,//C* The following change and clarification has been made to the Contract Documents and Specifications for the subject project: Bid Proposal pages P -1 to P -2 • REPLACE with attached revised Bid Proposal — Addendum Three Special Provisions - Construction • ADD attached 1.00 SPECIAL PROVISIONS - CONSTRUCTION �pendix A - f�efinition of Bid Items M REPLACE with attached revised Definition of Bid Items — Addendum Three Appendix C — Bonds tWarranty Performance and Pavment Bond) ® REPLACE with attached revised Warranty Performance and Payment Bond form Appendix E — Construction Sianaae and Notices 23A -29 • ADD attached 'Buildings Open During Construction" sign, SANTA ANA CITY COUNCIL Miguel A. P,nioa Mean. swro,mo M10oal) Mnr661e1 Mpk. P nam0 eanomtlos Romp"Reyne Sal llrajoro Map, Mayor Pro Tom. We'd i Mai 2 W nM 3 Ward J Ward 5 Ward a �tkgv,ga ajeH do watmiam0(hg dxxwn tts16110?Z�i{i�3s. "b1-4111%.ef9 aamv&w.4 num ard , Niarry(�+san a, pry 23A -29 23A -30 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NO. 16-2651 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS This CONSTRUCTION CONTRACT is made and entered into this le day of Aupst, 2016, 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 Naka Enpineering & Construction Inc., hereinafter referred to as "CONTRACTOR!'. 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 Civic Center Re-caulking Eu� �ion Joints at Plaza of the Fountains and Plaza of the Flays Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Did Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Pins • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in -full payment to complete the Work of Improvement the sum total arnount not to exceed $86.832 — Eighty-Six Thousand Eight Hundred Thirty -Two Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," Page 1 of 3 23A-31 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-2651 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS The BID PROPOSAL, contains a schedule of unit price(s) or lump suni(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 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. S. 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 (1000%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective -until such bonds are supplied to and approved by the CITY. 7, CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8, CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 23A-32 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16 -2651 CIVIC CENTER RE- CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipaur Executive Director, Public Works Agency CONTRACTOR: Page 3 of 3 23A -33 23A -34 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -2651 : CIVIC CENTER RE- CAULKING PLAZA OF THE FOUNTAINS & PLAZA OF THE FLAGS EXPANSION Construction Contract $ 86,832.00 Contract Administration $ 2,950.00 Inspection and Testing $ 5,850.00 Contingencies $ 17,368.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 113,000.00 EXHIBIT 4 23A -35 23A -36