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HomeMy WebLinkAbout23B - PROJ - EASTSIDE NEIGHBORHOODREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT TO HARRY H. JOH CONSTRUCTION, INC., FOR CONSTRUCTION OF ALLEY IMPROVEMENTS IN THE EASTSIDE NEIGHBORHOOD (PROJECT NOS. 17-6891, 16-6865, AND 15-6842) (STRATEGIC PLAN NO. 6, 1B & 11G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I/ 4e-ItE FILE NUMBER CITY A AGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Harry H. Joh Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $377,621.30, for the term beginning upon execution of the contract and ending upon project completion, for construction of the FY 2014-15, 2015-16, and 2016-17 Alley Improvement Program projects, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $472,028, which includes the contract base bid, administration, inspection, testing, and a $56,644 contingency. 3. Authorize the reallocation of $45,307 in unspent FY 2013-14 Gas Tax Funds and $114,162 in unspent FY 2014-15 Measure M2 Local Fairshare Funds from various completed projects to the Alley Improvement Program projects for FY 2014-15 (Project No. 15-6842, $77,097), FY 2015-16 (Project No. 16-6865, $24,830), and FY 2016-17 (Project No. 17-6891, $57,542). DISCUSSION The City's Pavement Management System has identified alleys in segments of the Eastside Neighborhood as high-priority alleys in need of rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, wear -and -tear from trash collection operations, and heavy usage. The improvements include construction of new Portland cement concrete pavement and alley approaches. Once completed, the modifications will enhance the safety, surface drainage, and appearance of the surrounding neighborhood. 2313-1 Award Contract for Alley Improvements September 5, 2017 Page 2 Each year, funding is identified for the Alley Improvement Program in the City's Capital Improvement Program (CIP). To complete the high-priority alley projects in the Eastside Neighborhood, an additional $159,469 is needed over and above what was approved for the Alley Improvement Program in the FY 2014-15, FY 2015-16, and FY 2016-17 CIPs. Council approval is requested to reallocate $45,307 in Gas Tax Funds and $114,162 in Measure M2 Local Fairshare Funds that remain unspent after closing out various prior year projects. A Notice Inviting Bids was advertised on June 9 and June 14, 2017, and bids were opened on June 28, 2017. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 13 Contractors requesting biddingdocuments 11 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Harry H. Joh Construction, Inc. Paramount $377,621.30 2 Hardy & Harper, Inc. Santa Ana $475,000.00 3 Kalban, Inc. Santa Clarita $475,040.00 4 Horizons Construction Company International, Inc. Orange $607,028.00 A total of four bids were received and all were considered responsive. Harry H. Joh Construction, Inc., submitted the lowest responsive bid in the amount of $377,621.30 (Exhibit 2). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to Harry H. Joh 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan — e.g., neighborhood streets, traffic improvements, etc.). 23B-2 Award Contract for Alley Improvements September 5, 2017 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2017-47 has been filed for these projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $472,028, which includes construction, contract administration, inspection, testing, and contingencies. Upon approval of the requested reallocation of unspent Gas Tax and M2 Local Fairshare Funds, $334,121 will be available in the Measure M2 Local Fairshare Fund (Account No. 03217662-66220) and $137,907 will be available in the Select Street Construction Fund (Account No. 05917663-66220) for expenditure in FY 2017-18 as follows: M2 Local Project No. Fairshare Funds Select Street Construction Gas Tax Funds Project Totals 15-6842 $31,790 $137,907 $169,697 16-6865 $130,427 $130,427 17-6891 $171,904 $171,904 TOTAL $334,121 $137,907 $472,028 >r'�. red 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: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 FEST sr I.: I �. � -111, ��t��� 11■UI ����� 1 ■■ I IIIIII■—III_II_ I_�--_ —�-� __�' � EASTSIDE NEIGHBORHOOD -WARD 2 SANTA ANA CITY COUNCIL PAGENDA DATE: V-1 PROJECT NOS. 17891, 16-6865,15-6842 u SEPT. 5, 2017 ALLEY IMPROVEMENTS hILIC .UsaS -M"N 23B-5 PAGE 1 OF 1 23B-6 CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: HARRY H. JOH CONSTRUCTION, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the Gfollowing schedule: Item Description Qty Unit Unit Price Amount l Unclassified Excavation 963 CY $114.20 $109,974.60 2 PCC Alley (T=8") with (3 -day) cure 870 CY $193.01 S 167,918.70 3 PCC (Portland Cement Concrete) 1,200 SF $ 20.80 $ 24,960.00 Sidewalk (T=4') 4 PCC Alley Apron (T=8") with (3 -day) 2,800. SF $ 18.68 $ 52,304.00 cure 5 Furnish and Install %" Thick by 16" wide 117 LF $192.00 $ 22,464.00 Polyfoam Continued on next page. 2P316 P� 6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS TOTAL BASE BID $ ;rlq r b2', �� 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-altemate bid items (if any). TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Forty (40) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm HARRY H. JOH CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all, required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the put -pose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. NameofFirm HARRY H.10H CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (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.) r - • CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS 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: HARRY H. JOH CONSTRUCTION, INC. Business Address: 7303 SOMERSET BLVD., PARAMOUNT, CA 90723 Business E -Mail Address: pchoung@hjconst.com / harry@hjconst.com Telephone: 562-630-3348 State Contractor's License No. and Class: A, B, C16, C20, C33, C36, C10, & C39 License Expiration Date: 04/30/2019 State Dept. of Industrial Relations (DIR) Registration No.: #1000001675 State Dept. of Industrial Relations (DIR) Registration Expiration Date: / Signed: 7i�_ Title: PRSIDENT 06/30/2017 P-4 of P-16 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as'part of an applicable "public works" or "maintenance' project; as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify. and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm HARRY H. JOH CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (if an individual, so state) t3-Bf11� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA (�,C COUNTY OF �r�' Gof �h�{�rss: CITY OF S,"�mr+ir/ni' vri fe.A Wu11T CE Ha • / Joh -,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. T4CORPORATION That he� j - OY u . T0f_ e i e�� O'r r I Y' (,py�s'pYi� rft a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of.. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this 28TH day of JUNE 20 17 SLK;�� yerajJ ,,v�u40LIc- Signature of officer Administering Oath (Notlic) u Comm.#.#a110606 _ 2<3 e Notary Public. California Lot Angeles Cauuy Cant espiret Apr. 10, 2019 P-6 of P-16 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS KNOW ALL PRESENT that, Harry H. Joh Construction Inc. , as BIDDER, and Old Republic Surety. Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($ 109 ), 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 io be bound, jointly and severally, furnly 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 21ST day of JUNE , 2017 BIDDER* Harry H. Joh Construction Inc. 562-630-3348 7303 Somerset Blvd., Paramount, CA 90723 Harry Joh, President SURETY* Old Republic Surety Company 626-859-1000 Subscribed and sworn to before me ,20—. Signature: Notary Public in and for the County of , State of Us' 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 23B-13 * * ULDREPUBLIC SURETY COMPANY POWER4 ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance, corporation, doe's make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA. CA its we and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding 550,000,000, for and on behalf of ire company as surety, to execute arid deliver and affix the seal .orthe company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds guaramces of installment paper and note guaranty bondszsetf--insurance workers compensation bonds. guaranteeing payment of benefits, asbestos abatement contract fonds, waste management bonds, hazardous waste reniedmlion bonds or black lung bonds), as follows, ALL WRITTEN INSTRUMENTS 1N AN AMOUNT NOTTO EXCEED FIFTY MILLION DOLLARS (S50,000,000) ------------------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact,: pursuant to these prescnls, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authorityy of the hoard of directors -.at a special. meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority ohthe following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. - - RESOLVED that, the president, any vice-president, or assistant vice president. in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the: company to bonds, undertakings, recognizances, and suretyship,obligations of all kinds; and said oRiceis mayremove ' any such altomcy-in-fact or agent and revoke any Power of Attomey previously granted to such person. RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company' - (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a am] be required) by any secretary or assistant sccrctiry'; or - . . -.. - (ii) when. signed by the president. any vice president or assistant vice' president, secretary or assistant secretary, and countersigned andscaled (if a am[ be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (it's seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance; or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 16TH day of MAY,2017. OLD REPUBLIC SURETY COMPANY aune t e 1 e ni.suni sol: SEAL ii, /.4t e STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ~'"`�•.:,�,�•«�"`.` President On this 16TH day of MAY, 2017 , personally came before me, Alan Pavlic and ]ane icy ', to me known to be the individuals and officers of the. OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did,sevcrally depose and say; that they aro the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures ns such officers were duly alfixed and subscribed to the said instrument by the authority of the board ordireclors of said corporation. - � HS.Y„� �;..�,i2 tit. sem_ F `QYaap.,Y i nwo�,S{ Notary Public �,. aa1.� R`. y:.., My commission expires: 9/28/2018 Oi H'h4 CERTIFICATE (Expiration of notary commission does not Invalidate this Instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY (hal the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, [hat the Resolutions of the board of directors set forth in the Power of Attorney, am noiv in force. 7 74-0061 Signed and sealed at the City of Brookfield, WI this x'`/57 day of NI -e AOr1 , ¢g! SEALto V t o� ,,,, is ; _-- rz..r •% �ccr_.4.�. C & D BONDING & INSURANCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LOS ANGELES On JUN 21 2017 before me, KEVIN EDWARD VEGA NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. KEVIN EDWARD VEGA UB Notary Public • CaliforniaLos Angeles Counly commission # 2151113 My Comm. Expires Apr 29.2020' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature fgnafure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator fl Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator f-1 Other: Signer Is Representing: �c^.sic^�ersc.�ses�sc_:wry-r�«-.�c^se^€eo.�-mosses�e<_e^rxsye^sesti^�c^r�-Ensu.^�s�eK�ww�^�Kus�e<sz�K:;eer�ei ©2014 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-15 California All Purpose Acknowledgement 2015 Government Code 1189 compliant 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 Los Angeles On 06/27/17 personally appeared Harry Joh before me, Dale Jung, Notary Public, who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/efe subscribed to the within instrument and acknowledged to me that he/6hekhey executed the same in his/hePkheir authorized capacily(tee), and that by his/her/their signature($) on the instrument the persontd), or the entity upon' behalf of which the personal 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. WITNESS my hand and official seal. Dale Jung, Notary Public Signature 23B-16 ti Dale Jung Coven #2106343 Notary Public - California .'.. los Anow camty Comm aspires Apr. 10, 2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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: V2% of the bid or S 10,000, whichever is greater o Buildings, parks, or other projects: %:% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name IV l License #/Exp. DIR Reg.#/Exp. Location Phone Type Of Work Amount $ Name IV /A License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of P Amount $ Name N 14 License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ -AL <X - Signature of Bidder Name NIA License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name 141h License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name jgm- License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 239f 1�% I Y CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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. 1 Los Angeles County / Department of Public Works (LACo. DPW) 1900 Fremont Ave., Alhambra, Ca 91803 Name and Address of Owner. Mr. Salim Sioufi 626-300-2361 1 Marina Del Rey Parking Lot #11 Rehabilitation / #1526-006000 Name and Telephone Number of person familiar with project. $489,101.79 Remove, Dispose & Construct Earth/Grading, AC Pavement, 06/22/2017 Contract Amount Concrete Curb & Guttefry fagbrWghting Fixtures, Sidewalk Date Completed -2 Los Angeles County / Dept. of Public Works (LACo. DPW) 1900 Fremont Ave., Alhambra, Ca 91803 Name and Address of owner. Mr. Cris Garau 626-300-3277 1 Pathfinder Park Lighting & General Improvements / #1523-004.00 Name and Telephone Number of person familiar with project. $518,426.93 Remove, Dispose & Construct Earth/Grading, AC Pavement, 08/01/2017 Contract Amount Site oncrete, LandscaPirype ors Date Completed 3 Los Angeles County / Dept. of Public Works (LACo. DPW) 1900 Fremont Avenue, Alhambra, Ca 91803 Name and Address f owner. Ms. Hotla EL Sokkay p626-300-2332 1 OVMC Psych Ward - Unit 6C Remodel Project -Site Preparation Name and Telephone Number of person familiar with project. $395,442.69 Remove, Dispose & Construct Earth/Grading, AC Pavement, 06/20/2017 d Utilities ❑-.i,:.,,, i,.. -IIAE-Fete & n,,..:.^I Work 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. Broker: Mr. Britton Christiansen, C&D Bonding & Insurance 1 534 E. Badillo St., Covina, Ca 91723 Surety: Old Republic Surety Company I Southern California Contract 14728 Pipeline Avenue, Suite E, Chino Hills, Ca 91709 1 (Office) 866-611-9509 Main Office - Claims/Contract Bonds I P.O. Box 1635, Milwaukee, WI 53201 (Office) 800-217-1792, Option 2 1 (Fax) 262-797-9495 P-9 of P-16 23B-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I Los Angels County / Dept. of Public Works 1900 Fremont Avenue, Alhambra, Ca 91803 Name and Address of Owner. Mr. William Hayes 1310-965-8614 1 Moor Park Improvement Project Name and Telephone Number of person familiar with project. $1,200,000.00 ADA Upgrade & Gymnasium Refurbishment Dec. 2015 Contract Amount . Type of Work Date Completed 2. n/a Name and Address of owner. Name and Telephone Number of person familiar with prajgct. Contract Amount 3. 'n/a Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Broker: Mr. Britton Christiansen, C&D Bonding & Insurance 1 534 E. Badillo St., Covina, Ca 91723 Surety: Old Republic Surety Company 1 Souther California Contract 14728 Pipeline Avenue, Suite E, Chino Hills, Ca 91709 1 (Office) 866-611-9509 Main Office - Claims/Contracts Bonds I P.O. Box 1635, Milwaukee, WI 53201 (Office) 800-217-1792, Option 2 1 (Fax) 262-797-9495 2of E M-1-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance 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 other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution`. Signed �J �— State of California County of Los Angeles Subscribed and sworn to (or aflinned) before me on this 28th day of June 2017, by Harry H. Joh , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me r– Notary Public Signature i Notary Public Seal P-11 of P-16 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The. Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments 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 put -poses of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: � '--' 7—,( Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION. INC Date: 06/28/2017 P-13 ofP-16 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. _ Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: < _ Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION, INC. Date: 06/28/2017 236-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION, INC. Date: 06/28/2017 P-15 of P-16 23B-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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-16 of P-16 23B-25 23B-26 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 17-6891, 16-6865 AND 15-6842 ALLEY IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 51h day of September, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "CITY"), and Harry H. Joh Construction, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Alley Improvements 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 RvIPROVEMENT the sum total amount not to exceed Three Hundred Seventy -Seven Thousand Six Hundred Twenty -One Dollars and Thirty Cents ($377,621:30), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sums) 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. rev. 12/1011016 23B-27 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF MROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A'D 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 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 23B-28 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:/t- J M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR: Harry H. Joh Construction, Inc. HARRY H. JOH President 23B-29 Page 3 of 3 23B-30 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17-6891,16-6865 & 15-6842: ALLEY IMPROVEMENTS Construction Contract $ 377,621.30 Contract Administration $ 17,762.70 Inspection and Testing $ 20,000.00 Contingencies $ 56,644.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 472,028.00 EXHIBIT 4 23B-31 23B-32