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HomeMy WebLinkAboutNAKA ENGINEERING AND CONSTRUCTION, INC. Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council,City of Santa Ana Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza, P.O. Box 1988 IIIII I Ill� f IPI 1111111111111111111111111111111 �11111 N0 FEE Santa Ana, CA 92702 ` I I * $ R 0 o 0 8 9 1 5 6 2 7 $ * 2016000624898 2:57 pm 12109/16 9 416 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I Il 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 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF THE o FOUNTAINS AND PLAZA OF THE FLAGS under contract entered into on AUGUST 16, 2016, with NAKA ENGINEERING & CONSTRUCTION, INC., on which contract WESTERN w o SURETY COMPANY is surety. The property on which such work improvement was placed is in ac � the City of Santa Ana, County of Orange, State of California, and described as Project No. 16- c z 2651 located at: CIVIC CENTER PLAZA. The work improvement on said property was c accepted as completed on NOVEMBER 17, 2016. o rn CITY OF SA NA,A MUNICIPAL CORPORATION z - y unDated: 17• // Principal Civil Engineer-Tyrone Chesanek O 0. TITLE W ----------------------------------------- VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin"William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof. and I declare under penalty of perjury that the facts therein stated are true. Executed on G'f '� �< , at Santa Ana, California (Signature of individ 1 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: 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) YMYM AG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED h}U Ib, I-% As Recommended 23A ® As Amended Ordinance on 15� Reading Ordinance on 2 o 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. 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. 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. Fred 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: -- V Francisco Gutierrez Executive Director Finance & Management Services Agency I— U) W CD J LL Cl , L CIVIC CENTER DR FEDERAL BUILDING SANTA ANA BLVD 07/7/1 PROJECT LOCATION SANTA ANA CITY UNCIL AGENDA DATE: VU UST016,, 0116 wale . s A wv PARKINGSANTA ANA STRUCTURE LIBRARY �O PROJECT 16-2651 CIVIC CENTER RE -CAULKING PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS EXPANSION JOINTS I PAGE 1 OF 1 Exhibit 1 F— ln ROSS ANNEX n 1F) HALL �O PROJECT 16-2651 CIVIC CENTER RE -CAULKING PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS EXPANSION JOINTS I PAGE 1 OF 1 Exhibit 1 Exhibit 2 CITY OF SANTA ANA Addendum Three 6/29/16 PROPOSAL, PROJECT NO.: 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS 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 in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in tho following schedule; P-1 of P-16 CITY OF SANTA. ATMA Addendum Three 6/29/16 PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS -tem Description Qty Unit Unit Price Amount I Sikallex 2C SL Joint Sealant lmmestonu color) & Backer Rod 10,900 LF $ __ 3.37 $ 36/ 7.3.3 , 2 Sikat ex Primer 429 yy G $ X179. 3 Temporary Construct on Sign 6 BA $ /72-0-l $ 1, 5M, 4 PCC Plaza Repair (4" to 7")* 1,000 SP $ 1), $ f f r g r 5 iJnolassifred Excavation* 30 CY $ C) ® C1j�P $ •ry Qry e _____TOTAL DASr R1D $ 8 6 / d The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Hid, and any, all, or none of'the add-alternato bid items (if any). w 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 Spec'ification's. Theactual amount for this item will be dictated by the actual quantity used, and the Agency reserves the tight to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLE'T'ION Ol� INIPROVhMT:?N7'S ANT) T,TOI]IDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within nit fiber 30) working dans atter the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of thein specified i Subsection 6-9 of the Standard Specifications, shall be $300 rninitnurn p r calendar day. Name of Firm Signature of BIDDER f! fle (If an individual, so state, ff a. fir n or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If it corporation, state legal name of corporation, and names ofPresident, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 1.6-265 I 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 alter it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with. Section 7028.15 of theulifrnia asiness and Professions Code, the undersigned certifies under penalty o�pc y that the foregoin ' true and correct. Name of Firm Signature of BIDDER "Title (If an individual, so state. If a firm, or copartnership, 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-3 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RFi-CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS CON'fRACT'()R'S LICENSING AND REGISTRATION S'TAT'EMENT 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: I;a�rr c�al��/sFIGiGori�r . Business E -Mail Address: Telephone: �.�-��� t_/ State Contractor's License No. and Class: License Expiration Date: 0 "� State Dept, of Industrial Relations (DTR) Registration No.: State Dept. of lntlGstrial Relations (DIR) Registration Exphgio te: Signed: Title: P-4 of P- 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 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 $, Section 16,000, ct seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnity and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true d correct. Name of Firm _ _N d, rj Y fl t 00 Signature of BIDDER Title (if an so State) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF T14E FLAGS OWNERSHIP AFFIDAVIT STATE, OF CALIFORMA ) COUNTY OF ORANGE G:l FV OF 5AN 'A ANA ) le x Y!� I ! \ �2 C/J%/ being duly sworn„ deposes and says: ❑ INDIVIDUAL Thai he/she is the party malting the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been tinct Is duly vested with the authority to Malta and execute instruments for the copartnership by: who constitute the other members of the co -partnership. [CORPORATION That he is of,. a a,, porafion which is ma 'np, thefm•egoin' p, posal: ❑.POINT- 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 bill who are: that such a bi is genuine and not collusive or sham, and has not in any manner sought by collusio to s cure any advantag against the City of Santa Ana or any person interested in the prol7 , ed cont ct, for himself Q any other person. Si�Talr6rcofd3rd'e '— Subscribed and sworn to before me this day of1�lG 20 Signature of officer Administering Oath (Notary Public) P-6 of P-16 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS all) BOND KNOW ALL PRESENT that, i u o ec r i a C VCG, as BIDDER, and as SURETY, are held and firmly bound unto the Y OF S NANA, 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 OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of v , 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. P-7 of P-16 023 BID BOND (Percentage) Rondl ulmber__11796229.. KNOW ALL PERSONS BY THESE PRESENTS, That we PrsR_iiii ei inn & C(j,n,_ ruction Inc m GH I Merit �i.r., j+'1^ Lacrnnr,-[i.11: .A 9'. 65 _._.__,hereinafter referred to as the Principal and wr-=L Lt1 Surety corrnazu1-Y______ as Surety, are held and firmly bound unto r_ii_; of Sart_ Ana Of "J C -y v.ir center F'1 azs, Sdnt_a Ana, C'A 92'701 hereinafter referred to as the Obligee, in the sum of Ten (_ _10 %) 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 for .__ ivlc; Cent L111 .a`._._, II I 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 __ day of Form FH76 By tl 4 jit e. ;.nr., a cof ,tt:urtic'n Lnc_ (Principal) (Seal) 'nic.sternSu Lct�i r:prr;L By �ypS�u�rety) ..) Yj- _. uk- Is c,rtt,r n.rala enrtrzts AAttorney-rn- Western Surety Company P017VER OF ATTORNEY — CERTIFIED COPY Bond No, 71796229 Know All Men By These Presents, that WESTERN SURETY CO,VIPANY, a corporation duly organized and existing under the laws of the State of South Dalcota, and having its principal office in Sioux Falts, South Dakota (the "Company"), does by these presents make, constitute and appoint KIMBERLY ANN FARRIS its true and lawful attorney(s)dn.£act, with full power and authority hereby conferred, to execute, aolmowledge and deliver na behalf as Surety, bonds £or: Principal! Naka Engineering & Construction Inc Obliges: City of Santa Ana Amount $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bands were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attornay(s)dn-fact may do within the above stated limitations. Said appointment is made under mud by authority of the following bylaw of Western Surety Company which remains in full farce and effect. "Section 7, ell 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 officers as the Board of Directors may autherbse. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of.'the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other tong it] ons of the corporation. The signature of any such officer mid the corporate seal may be printed by facsimile," All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Sent ember 21 202.6 , but until such time shall be irrevocable and in full force and effect. Western Surety Company has caused these presents to be signed by its Vice President, Pand T. Brutes, and its Lthis 21st day of June I 2016 . �st= WE' Si'RP .SUPET4 COMPANY Jin-- ST5cf3h;a0UTH,fA Paul'1'. ruflat, Vion President COUN'rC71'vSIIA ) J"at Oil true 21st day of June in the year 2016 ,before me, a notary public, personally app owed Paul T, Brutlat, who being to me duty sworn, aoluuowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and aclnuowledgod said instrument to be the vchuatary act and deed of said corporation i444444aa4bbabbbbbbbbbbaa { I, MOHR a� s REAL NOTARY PUBLIC n EA! J Notary Public - Sondh Dakota i SOUTH DAKOTA a ibaambbaaabaaaaaaaaabbab My CommissionExpires June 23, 2021 1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and 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 testimmxy whereof, I have hermsuto set ray hand and seal of Western Surety Company this 21st day of Jlln(� , 2016 WrST R// SIUR�E V COMPANY Poul T, rullat, Vice President To validate hood authenticity, go to lvtvw.cnasurety eons > Owner/Obligee Services > Validate Buncl Coverage, Form F6306-1-2016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of......... 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 helsherthey executed the same in his/her/their authorized capecit'y(les), and that by his/her/their signature($) on the instrument the person(s), orthe 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. SARAH M. MARINF.I LI WITNESS my hand and official seal. aF commission tse�aso s. Notary Public - California z Sacramento County �My Comm. Expires Sep 5 111G Slgnature_ ro o- 1 .R: Though the information below is not requfred by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Bid Bond Document Date: 6/14/16 —�, Number of Pages: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: :.:7 Corporate Officer— F individual r ❑ Partner —.3 Limited ❑ General Top ui mumu here Attorney in Fact Trustee O Guardian or Conservator 71 Other: Signer Is Representing: Western _Surety Cm an Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual w,' y;', t:: ❑ Partner — ❑ Limited ❑ General Top or thumb holo Cl Attorney in Fact -] Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 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 inc]uding bridge projects: ''/2% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: ''/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontragttodtain portions of the work to the firms listed below: Name { Name License #/Exp. ��1/� License#/Exp. DIR Reg. #/Eixp. DIR Reg. #/Exp. Location 3-(3 y1 cl Phone � ' � � _'n�r rye , C Type Of Work 'ter i mer t Jap Amount $ , jot QQ2, Name I I.,icense #/Exp. DIR Reg.#/Exp. License # _ Location Phone Type Of Work Amount $ Name— L,icense #/Exp. DIR Reg.#/Exp. License # Location Phone 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 $ P-8 of P-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 REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. V --MA of Owner. of t clepnone number of person familiar with proJect. Amount Type of gork Date Completed 4 V 9 � Namc annd�Telephone Number of erson familiar With project. Contract Amount11' Type of Work Date Completed 3. ame d �Iress offww eee Name and'felephone Number of person fa iliar with project. ' p ., 6 `�, 00 G( 5slnt/",.F'11 � to �%r("tjel 4, L'�------- Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDD�E�R intends to procure insurance and bounds. ,j'ICS/�9i195S ���k' � �sy/z ✓ 2 (a %i9 >�Z'i r' a 1xr�c�rrlh .C�iAL^p'�G nr„y,(J,�1e2(A P-9 of P-16 CITY OF SAN'T'A 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, 2. 3. Name and Address of O ner. / I \,/ Nyne and Telephone Numher of person familiar with project. Contract Amount e o rk ,99� Da Com leted M owner. Nam d Telephone Number K 1 n A._._.._ Contract Amount Name and Telephone Number of person familiar with project. �c't�w�J 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. 11-10 of P-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 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-colluk5fi Affidavit •rrt of the Proposal. Signing this Proposal on the signature portion fiereof shall also c nstitute signature of this Non -collusion Affidavit. IIIDD[aRS a e cautioned that "I mg a false certification may subject the certifier to eri nal pros eution. Signed State of California County of __0L WJe 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 0 -/7'Z2r7/✓ /t/ � �Li�'7`c1/'�/ /I `) P- I t of P-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 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 1.1246 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 pact 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 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 Tlie 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 amended, no discrimination shall be. made because of race, religious Gree color, nai condition, marital status, or ex of such pe contractor of public works violating this S violation of the , titer. Signed: 1735, as added by Chapter 643 Stats. 1939, and as in,the employment of persons upon public works tonal ngm, ancestry, physical handicaps, mental sons, cept as provided in Section 1420, and any taction s subject to all the penalties imposed for a Title: fnr(14 _ Firm.:� J1191,'riccrivl �1 c . Date: —0 f -jryf P-13 of P-16 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 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 days shall: I. Apply to the .joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to.journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in c ~ crab or tra e in which lie./she employs journeymen or apprentices on the public work, 'n 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 amoun o the Cali fo,nia Apprenticeship 'ouncil. Signed: i f Title: Firm: 'PI ecer,`vl G(c17llJ% rllc, r Date: `i Q P -14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RE-CAULI{ING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS STATEMENTREGARDING "ANTI -KICKBACK" 12EOUIRRMENTS The undersigned is submitting this proposal for these bid documents, agrees to comply with the ( supplemented in the Department of Lab r regule each contractor or subcontractor shat employed in the constructioyror repai which he/she is otherwise e/entitled, Signed: performing by contract the work required by opeland "Anti -Kickback" Act (18 USC 74) as too ,s-(29 CFR, Part 3). This act provides that � inducing, by any means, any person Five up any part of the compensation to e prohibited fro of public work, to Title: % Firm: lr. —4 , ec, 4a�`���r4�V'LCG�r�1% Date: J �iz — z2 I In \ J P-15 of P-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 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?. Yes No If the answer is yes, explain the circumstances in the following space. P-1.6 of P-16 MAYOR Miguel A. Pulldo MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Raps Sal rinajero June 14, 2016 ADDENDUM No. One C" 9 VF SANTA ANA 20 Civic Conten Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 wevwsenta-ana.oro CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria 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: Bici Pro�e P-2 ® Replace with attached revised Bid Proposal Appendix A - Definition of Bid Items 4 Replace with attached revised Definition of Bid Items All other terms and conditions remain the same. CITY OF SANTA City Engineer SAN f A ANA CITY COUNCIL Miguel A 'Ad, VmenU! eenmm'sW i%'t'b iv18n10o2 Ar:Felica Amazu,n P D'dml Rayna Sal rme�am Mayor Mayur Pm Tam. V/ortll W,d2 WmdI M'd4 Werd5 Wma6 F 1.1.E sa,;ita rn n.9 ori rl nnr(iGr la:.i:i i�r9 u_uT sanV�._ J iP _aT,uQ ,� anlii_ui"a. ora al£:A5{Qs{ IJO ADO Pig £VP.kIP(4il1m3.sgu CITY OF SANTA ANA Addendum One DEFINITION OF BID ITEMS 8/1�I11 s PROJECT NO.. 162651 CIVIC CENTER RE-CAULKING EXPANSION JOINTS AT PLAZA OF TETE 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 to furnishing and installing the materials complete and in place, In accordance with the details shown on the Plans, as spewed herein, and as directed by the Engineer, All Incidental work which Is neither shown on the Plans not otherwise speeded, and which Is necessary to complete the Improvements as shown on the Plans and as specyied in the Contract Documents (defined in the Contract/Agreement), shall be furnished and installed as though such work were shown on the Plans or speo0ed 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 SLALANT ITEMS Bid Item No. I - Slkaflox 2C SL Joint Sealant (Limestone color) & Backer Rod Payment for Sikaflex 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 material in joints, 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 - Sikaflex Primer 429 Payment for Sikaflex Primer 429 shall be at. the contract unit price bid per linear feet listed hi 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, IofI MAYOR Miguel A. Pulldo MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amazonia P. David Benavides Michele Martinez Roman Reyna Sal Tinajere June 20, 2016 ADDENDUM No. Two CITY OF SANTA ANA 20 Civic Center Plaza e P.O. Box 1088 M-36 Santa Ana, Caffornia 02702 (714) 847-3013 `> t a.0A 29 CITY MANAGER David Cavazos CITY ATTORNEY Santa R. Carvalho CLERK OF THE COUNCIL Maria 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: 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 :Edwin "William" City Engineer SANTA ANA CITY COUNCIL M,jul A Pddo Vlnenlc Ciartniunto Michele Matlinez Angelica A. ,,,. P David eonandes kornan Renu 3a, l,nalaru Mayor Mnyor Pro Tem. W,arrl t WaR12 Wwd3 Wed Wards Wsrd6 tm Idu�eor l_B��{A ori _Brute, fA �i,:,. t�ag9 aa,14 L' :V9Llpeanoid yr+ls ioaui,.myr Y��As ,,," uorm §Hnpyg,�irwen dna o� MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benevides Michele Martinez Roman Rayne Sal Tinaiero June 29, 2016 ADDENDUM No. Three C1W OF SANTA ANA 20 Civic Center Plaza a P.O. Box 19$6 M-36 Santa Ana, California 92702 (714)647-5013 nMfanta-anq or CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COU14CIL Marla D. Hulzar SUBJECT: PROJECT NO, 16.2651 —Civic Center Re -Caulking Expansion Joints at Plaza of the Fountains and Plaza of the Flags M The following change and clarification has been made to the Contract Documents and Specifications for the subject project: Bid Proposal panes P-1 to P-2 REPLACE with attached revised Bid Proposal — Addendum Three Special Provisions - Construction Y ADD attached 1.00 SPECIAL PROVISIONS - CONSTRUCTION Appendix &- Definition of Bid Items • REPLACE with attached revised Definition of Bid Items —Addendum Three Appendix C —Bonds (Warranty Performance and Payment Bond) o REPLACE with attached revised Warranty Performance and Payment Bond form Appendix E — Construction Siari and Notices ® ADD attached 'Buildings Open During Construction" sign. SANTA ANA CITY COUNCIL M,,,c A. RNan mcvnle saonwelty MimOla Mnnlnex Any¢rro Nnexr+la P. WIll➢aenoVloCf. Homan Rayne EAI TIfxllortl M,yor mayor Pro Iem Wera1 Word 3 Warta Word Wads Wow i goft.,rr11@Alq q PPo� r(a,1opma�t(P 1�YI,,%tEY, [IIJ, §9yM1 Te9�1P fl YnL1�i5iYnld itl9Or(j ael�lcrv�4,jj[A.Fj�10 fQ�rt 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 l6a' day of AuDist t,, 2Qi6,,, 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 Engineering & 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 famish 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 Expansion Joints at Plaza of the Fountains and Plaza of the Flags- Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed P6,832 — 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 I of 3 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 sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 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 tirnefi ame 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 detenninatiom for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, fi. M'sh two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the summit of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials ftunished (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, famish 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. fl Page 2 of 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: SONIA R. CARVALHO, City Attorney BX 0 0 e doval Assistant h' Assistan11t1 City Atto CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Title: Page 3 of 3 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 THE REGISTER Thls space for flung stamp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 PROOF OF PUBLICATION (2015.5 C,C.P.) State of California ) County of ORANGE )SS Notice Type: BID - NOTICE INVITING BIDS Ad Description: Cvc Cntr Re -Caulking Piz of the Flags & Fountain Expansion Joint 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 date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 06/06/2016, 06/13/2016 Executed on: 06/13/2016 At SANTA ANA ,CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. III III II II II II III I I II I II II I I II * A 0 0 0 0 0 4 1 2 1 0 3 4 CNS#: 2889211 NOTICE INVITING BIDS fornia92701 for: PROJECT NO 16-2651 CIVIC CENTER RE- CAULKING E CAULKING PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGSEXPANSION 'JOINTS - FILED JUL 052016 ORANGE COUNTY CLERK -RECORDER DEPARTMENT BY:__DEPUTY MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Madinez Roman A. Reyna Sal 1lnalem HIINCiIIe IIIIIIIIIIIIIIlll11 Ill 1111 Na FEI R 0 0 0 8 4 9 9 0 8 0$ r 20168500070710:55 am 07/05/16 41 304 Z01 0.00 0.00 0.00 0.00 0.Oo 0,00 0.00 0.00 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M.20) P.O. BOX 1988 -Santa Ana, California 02702 (714) 667-2700 • Fax (714) 973.1401 w .Santa-ana.org NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla 0. Hulzar 013 JUL 0 5 2016 HUGH NGUYEN, CLERK -RECORDER BY:., DEPUTY From the Ftequjrements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P,O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 ( Project Title: Civic Center Re -Caulking Expansion Joint Dato of Approval: 08/16/20'10 Project Number(s): PWA -2016 -804 -CITY ". Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2016-83 Project Description: Sealing of expansion joints and cracks with an elastomeric polyurethane sealant, backing material, . t primer and PCC repair. Q Vj Applicant Name: Kenny Nguyen, City of Santa Ana Public Works Agency Applicant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Nguyen, Kenny Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: El Categorical Exemption: 15301(d) Roason(s) Why Project is Exempt From CECtA: 16301(d) Restoration of deteriorated or damaged structures to meet current standards of public health and safety. City Contact: /Kenny Nguyen Telephones (714) 647.5632 Signature: rR'J ` �Z! m Title: J. n 4 Date: SANTA ANA CITY COUNCIL Miguel A. Pulldo Vl000nle Sarmiento Mc:hala Marur�ez Angelica Amezaua P. David 8enavidea Roman Rayne Sal Tinalaro Mayor Mayer Pro Tam, Ward t Word Ward WoN4 Warls Warda MPilidoaana-angora VSamientodsanasana,oU,Oytggyltl4Ylgl.S,aDla-an8 nra �eyruuu�uantaana.onr nT., inalernfa R:rtaarypm CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-2651 Exhibit 3 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 16u' day of August, 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 Engineering & Construction Inc., hereinafter referred to as "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 Civic Center Re -caulking Ex ap nsion Joints at Plaza of the Fountains and Plaza of the Flags Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $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 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 sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials 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 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: SONIA, R. CARVALHO City Attorney yS�andoval lie Assistant CityAtPo1xe_y__ CITY OF SANTA ANA: yd DAV CAVAZOS City Manager RECOMMENDED FOR APPROVAL: d , Irdou avipour Executive Director, Public Works AQ=ci CONTRACTOR: Page 3 of 3 _qc . CITY OF SANTA ANA Addendum Three 6/29/16 PROPOSAI, Exhibit A PROJECT NO.: 16-2651 CIVIC CENTER RP -CAULKING EXPANSION JOINTS AT PLAZA OF THP FOUNTAINS AND PLAZA OF THE FLAGS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Sll&,A//2 ),E�M(kl eerl vlcl £' Con5 rlie— i6YI 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 ail 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 sums) set forth in the following schedule: P-1 of P-16 CITY OF SANTA ANA Addendum Three 6/29/16 PROPOSAL Exhibit A PROJECT NO.; 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS Item Description Qty Unit Unit Price Amount I Sikaflex 2C SL joint Sealant (C,imestone color) & Backer Rod 10,900 LF $ �a -37 $ �+ 36,3 17' 2 Slkaflex Primar 429 'w 10,900 LF $ � 'u`""` L5r179. 3 7 einpprary Conskruction Sign g FSA _2.31 $ 9 /I/ 5M } 4 PCC Plaza Repair (4" to 7")* 1,000 SF � � 1 p $ f ►, 000. S tJnclass ited Excavai on* 30 CY T6 n $ ry TOTAL BAS>+, BID I s 8&/83Z AA 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 inctvaso or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF INIl=RQVEMI. 1'S ANll LIQIjTDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number 30) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the mount specified i Subsection 6-9 of the Standard Specifications, shall be $300 minimum p r calendar day. Name of Firm e4— " /? / t" l rte__ Signature of BIDDER i -- 1;)r' TitlerC EJy (.If an indi ideal, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-parniers 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 CITY OF SANTA ANA Addendum Three 6/29/16 PROPOSAL PROJECT NO.: 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: /Nd.Kd- hrl' P l eef't vt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: P-1 of P-16 CITY OF SANTA ANA Addendum Three 6/29/16 PROPOSAL PROJECT NO.; 16-2651 CIVIC CENTER RE -CAULKING EXPANSION JOINTS AT PLAZA OF THE FOUNTAINS AND PLAZA OF THE FLAGS Item Description Qty Unit Unit Price Amount 1 Sikaflex 2C SL Joint Sealant (Limestone color) & Backer Rod 10,900 LF Y $$ � .37 36,733. 2 Sikaflex Primer 429 10,900 IF $ ?J $ L51) 3 Temporary Construction Sign 6 EA $ $ 4 PCC Plaza Repair (4"W 7")* 1,000 SF $ I o / o 0 0 a 5 Unclassified Excavation* 30 CY $ S® O $ 100 e TOTAL BASE BID $ 61 837 00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (30) working days after the commencement date stated in the Notice to Proceed. - - The liquidated damages amount, in lieu of the XMount specified i Subsection 6-9 of the Standard Specifications, shall be $300 minimum p r calendar day. Name of Finn y) i _ `- Signature of BIDDER Title / re'5; e4f (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 ofP-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 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 Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of th _Calife undersigned certifies under penalty of rlury that the Name of Firm / & /' ' —/711 Signature of BIDDER and Professions Code, the true and correct. Title Qf!e qe/) t' (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-3 of P-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 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E -Mail Address: Telephone: y y%) Z_ % J State Contractor's License No. and Class: 2 5 7 e2:7 :7 A £� License Expiration Date: Ob � 2-m 1 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Registration E: Signed: Title: P-4 of P-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 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 1.6,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true pl d correct. Name of Firm ly Signature of BIDDER Title Ifii�lCel (if an individual, so state) P-5 of P-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 10]1DI0 li��Y STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF 9SANA ANA ) /� k 1 V(.� P if ���/ , 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: 9 - 7rP-w5ft&hjTz a corporation which is maVng the foregoin p posal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/sire has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who we: that such a bV is genuine and opt collusive or sham, and has not in any manner sought by collusiop to s cure any advantag against the City of Santa Ana or any person interested in the prop ed cont ct, for himself, any other person. Subscribed and sworn to before me this — 4� *. day of 1(// 20 Signature of officer Administering Oath (Notary Public) P-6 of P-16 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 KNOW ALL PRESENT that, are held Dollars of the total amount bid by BIDDER to AGENCY which sum, BIDDER and SURETY agree to be presents. Q1ir✓z®chj Z4, as BIDDER, and as SURETY, 1. ANA, as AGENCY, in the penal sum of _ 1, which is ten percent (10%) for the above -stated project, for the payment of bound, jointly and severally, firmly by these THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of 20^. BIDDER* SURETY* Subscribed and sworn to before me 120—. Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 WMA Western Surety Company BID BOND (Percentage) Bond Number: 71796229 KNOW ALL PERSONS BY THESE PRESENTS, That we Naka Encrineerina & Construction Inc of 26081 Merit Cir., #114, Laguna Hills, CA 92653 ,hereinafter referred to as the Principal, and western Suretv Company as Surety, are held and firmly bound unto city of Santa Ana of 20 Civic Center Plaza, Santa Ana, CA 92701 hereinafter referred to as the Obligee, in the sum of `ren ( to %) 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 Expansion Joints Re -Caulking, Civic Center Plaza, Santa 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 21st day of NakaE. gineering & Con (Principal) Western Surety Company Surety) By i,��/ K B RLY A,NN FARRSS Attorney-In-I�U§ETL Form F6876 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71796229 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized mid existing wider the laws of the State of South Dakota, and having its principal office in Sieux Palls, South Dakota (the "Company"), does by these presents make, constitute and appoint KIMBERLY ANN FARRIS its true mid lawful attorney(s)-fmfact, with full power and authority hereby conferred, to execute, acknowledge and deliver 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 firlly and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and 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 mid by authority of the following bylaw of Western Surety Company which remains in full force 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 officers as the Board of Directors may authorize. The President, any Vice President, Secretazy, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The siemdone of any such officer and the corporate seal mai' be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 21 2016 , but witil such time shall be irrevocable and in full force and effect. eis-4 as Surety Company has caused these presents to be signed by its Vice President, Paul T. Brutlat, and its cor{%gal'td'be. '-this 21st day of June 2016 WEST R SURE. Y COMPANY BOA STilrf[,�F SUU'1'T3-f3'A 1 Paul T. ruflat, Vice President Co 'SHA op On this 21St day of June , in the year 2016 , before me, a notary public, personally appeared Paul T. Bruflat who being to me drily sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +SSaSaaws�,eaasay�.hyr,yroawa + s J. MOHR s SE L NOTARY PUBLIC a SEAL .f Notary Public - Soubh Dakota� SOUTH DAKOTA�s, +m*+5dy*e.tiydawasr9wsaaa.a5 + My Commission Expires June 23, 2021 T the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set nay hand and sea] of Western Surety Company this 21--t day of June 2016 WEll STrR/G SURF Y COMPANY Paul T. t ruflat, Vice President To validate bond antbenticity, go to www.cnas'uretv.eom > Owner/Obligee Services > Validate Bond Coverage. Form F6306-1-2016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 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. SARAH M. MARINELLI WITNESS my hand and official seal. Commission # 1987480 Notary Public - California z Sacramento County n i r�My Comm. Expires Sep 5, 2916 Signature (Seal) 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, Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/14/16 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer—Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top of It here Xl Attorney in Fact L] Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General CI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i 0 Top of thumb here J 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: %z% of the bid or $10,000, whichever is greater pe/Buildings, parks, or other projects: Y2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontra$peftam portions of the work to the firms listed below: Name �,� j� Cny we/ , i�aJC Name License #/Exp.License #/Exp. DIR Reg. #/Exp. _ DIR Reg. #Bxp. Location X160SrJJ - iiC , Location Phone -I' C Phone Type Of Work �r jm Vn OrA Type Of Work Amount $ ' 1014 000Amount $ Name License #/Exp. DIR Reg. #Bxp. License # Location Phone Type Of Work Amount $ License #/Exp. DIR Reg. #Bxp. License # _ Location _ phone Name License #/Exp. DIR Reg. 4/Exp. License # Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-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 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 2. 3. Namgan (Address of Owner. r Iy Name and Telephone Number of person familiar with project. Contract Amount Type of'Work Date Completed Name and Telephone Nun Contra Amount Type of Work Date Completed ujq 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. rD(I 2�� D P-9 of P-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 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. rQ 3. Name and Address of O er. ! / f+l f er7 1'U1nv1S�i,r; '`ff�) N e and Telephone Number of person,familiar with project. l B7 end , C"itieJ' C no�tract Ae ®f�mount ype o rk 0r r Dak Completed Namgjand/4ddress of owner Name,and Telephone Number Contract Amount Name and Telephone Number of person familiar with project. —2I7,-�M G-7ewf�� QW �?/D 1 'a 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 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 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 n Affidavit is of the Proposal. Signing this Proposal on the signature portion ft ereof shall also c stitute signature of this Non -collusion Affidavit. BIDI�WRS are cautioned that ma mg a false certification may subject the certifier to criminal nros6cution. Signed State of California County of _00_gqe __T Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-11 of P-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 NON-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. 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 farther 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 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 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 creee color, nationa rigin, ancestry, physical handicaps, mental condition, marital status, or ex of such persons, sept as provided in Section 1420, and any contractor of publi work violating this Section s subject to all the penalties imposed for a violation of the apter. Signed: Title:�('4 Firm: 1-44pc2 i�4g1'11ee(-it1q Date: P-13 ofP-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 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: 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 ch craft or 4ya e in which he/she employs journeymen or apprentices on the public work, 'n 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 amoun o the Califo nia Apprenticeship contractors Signed: Title: Firm: Date: P-14 of P-16 0 jn G 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 Labor regulatioiis (9 CPR Part 3). This act provides that each contractor or subcontractor shal e prohibited fro inducing, by any means, any person employed in the constructl 9w or repa. of public work, to ve up any part of the compensation to which he/she is otherwis entitled. Signed: Title: Firm: 2 -RC, Date: — 0 � — 2011 t,0 P-15 of P-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 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No �z If the answer is yes, explain the circumstances in the following space. P-16 of P-16 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal TlnaJero June 14, 2016 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 M-36 Santa Ana, California 92702 (714)647-5013 www.santa-ana.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria 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 Appendix A - Definition of Bid Items • Replace with attached revised Definition of Bid Items All other terms and conditions remain the same. CITY OF SANTA -el dwin "Williar City Engineer SANTA ANA CITY COUNCIL Miguel A Pulido Vicerte Sarmiento Michele Mar inez Angelica Amezcua P maid Belleville. Roman Reyna Sal Tinefew Mayor May. P. Tem, WahlI Ward Wahl3 Ward Ward Wew6 mRuJA'0OZ68n1adna.eN MOMW9dr1 a.a0a.;tm mraft[L2Gb8ant-aO&_gas a82Clta((I�6aald-Maar d08aaNd86((a6enlWana e(0 lreynaftsonla-ana em filmBq anllla sill CITY OF SANTA ANA Addendum One DEFINITION OF BID ITEMS 617}/16 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 place, in accordance with the details shown on the Plans, as specified herein, and as directed by the Engineer. All incidental work which is neither shown on the Plans nor otherwise specified, and which is necessary to complete the improvements as shown on the Plans and as specified in the Contract Documents (defined in the Contract/Agreement), shall be furnished and installed as though such work were shown on the Plans or specified 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 - Sikaflex 2C SL Joint Sealant (Limestone color) & Backer Rod Payment for Siladlex 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 material in joints, 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 - Sikaflex Primer 429 Payment for Sikaflex 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 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Senavides Michele Martinez Roman Reyna Sal Tinajero June 20, 2016 ADDENDUM No. Two CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 M-36 Santa Ana, California 92702 (714)647-5013 www.santa-ana.ora CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria 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: 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 (Edwin "William" City Engineer SANTA ANA CITY COUNCIL Miguel A. Pulido VicenteSarmienlo Michele Martinez Angelics Amezcua P. David eenavidea Roman Reyna Sal Prepare Mayor Mayor Pro Tem, Ward I Word 2 Wed 3 Ward 4 Ward 5 Ward 6 uli rreyue/Aasnlaane.arg' m s na-u oJg MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero June 29, 2016 ADDENDUM No. Three CITY OF SANTA ANA 20 Civic Center Plaza e P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 wv✓yv.santa-ana.org 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 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 Appendix A - Definition of Bid Items • REPLACE with attached revised Definition of Bid Items —Addendum Three Appendix C — Bonds (Warranty Performance and Payment Bond) • REPLACE with attached revised Warranty Performance and Payment Bond form Appendix E — Construction Signage and Notices • ADD attached 'Buildings Open During Construction" sign. SANTA ANA CITY COUNCIL Miguel A. Palitlo Vicente Sarmiento Midnele Martinez Angelica Mazcua P. David Benavides Roman Reyna Sat Tinajero Mayor Mayor Pro Tem, Ward 1 Ward Word Ward Wards Ward muulidor®santa-ana.om vsannianloralsanla-ana ora mmarlln�a-a a.or (aZ� l-- dbenav'desralsantaanaorg MUde@ t stinaieropsanlaana.o�q