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HomeMy WebLinkAbout23C - PROJ - THORNTON PARKREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC., FOR CONSTRUCTION OF THORNTON PARK SECURITY LIGHTING (PROJECT 16-2655) (STRATEGIC PLAN NO. 6, 1B & 19) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY M AGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $94,500, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Thornton Park Security Lighting Project, 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 $127,575, which includes the contract base bid, administration, inspection, testing, and an $18,900 contingency. DISCUSSION The existing security lighting at Thornton Park was installed over 29 years ago. The light poles have deteriorated and require replacement to enhance public safety. This project will replace all existing poles with new poles and foundations, and will install new energy efficient LED light fixtures to enhance security lighting at Thornton Park (Exhibit 1). The improvements will also include vandal -resistant security light concrete poles, and will further expand and increase the lighting levels of the parking lot. A Notice Inviting Bids was advertised on May 16 and May 23, 2017, and bids were opened on June 6, 2017. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 8 Contractors requesting bidding documents 14 Bids received 9 Bids received from Santa Ana contractors 1 23C-1 Award Contract for Thornton Park Lighting Project September 5, 2017 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 California Professional Engineering, Inc. La Puente $94,500.00 2 Delta Electric Santa Clarita $108,926.00 3 Foddrill Chino $110,076.48 4 Aegis ITS, Inc. Anaheim $113,081.68 5 ND Construction Co., Inc. Anaheim $114,489.00 6 Calpromax Engineering, Inc. Placentia $116,900.00 7 Comet Electric Chatsworth $137,813.00 8 Baker Electric Escondido $139,100.00 9 AJN Electric, Inc. Santa Ana $162,712.00 A total of nine bids were received and all were considered responsive. California Professional Engineering, Inc., submitted the lowest responsive bid in the amount of $94,500 (Exhibit 2). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to California Professional Engineering, 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.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2017-39 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $127,575, which includes construction, contract administration, inspection, testing and contingencies. Funds in the amount of $127,575 are budgeted and available for expenditure in Fiscal Year 2017-18 as follows: 23C-2 Award Contract for Thornton Park Lighting Project September 5, 2017 Page 3 $37,703 is available in the Capital Outlay available in Residential Development District 4 Fund (Account red Mousavipour Executive Director Public Works Agency No. 05113263-66220), and $89,872 is Fund (Account No. 31413260-66220). Gerardo Mouet Executive Direc or Parks, Recreation & Community Services 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 *6 Executive Director Finance & Management Services Agency 23C-3 23C-4 ® PROJECT LOCATION SANTA ANA CITY PWA - September 5, 101 run �� .Dia3 .cc.c. ADAMS ST :C SEGERSTORM AV H WRMEDR N Z EXHIBIT 1 THORNTON PARK SECURITY LIGHTING (PROJECT 16-2555) 23C-5 PAGE 1 OF 1 23C-6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering, 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 following schedule: BASE BID: Item Description Qty Unit Unit Price Amount 1 THORNTON PARK SECURITY LIGHTING I LS $ %SDOa $ b 2 ADDITIONAL LIGHT POLE ASSEMBLY* 1* EA $ $ 3 ADDITIONAL WIRING* 100* LF $ $ 4 ADDITIONAL CONDUIT* 100* LF $ 3� $� 5� TOTAL BASE BID $ of 4 ,f 00 -0) 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. 236—T CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within THIRTY (30) 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 Califronia Professionhi &=neerine,-In3 Signature of BIDDER Title Van Nguyen, President Sur0oN.-tpQttMmr, tAprzw (If an individual, so state. If a firm 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.) � 11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 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 the California Business and Professions Code, the undersigned certifies tinder penalty of perjury that the foregoing is true and correct. Name of Firm California Professionaj,�ngineerina.ilnc. Signature of BIDDER Title Van Nguyen, President (If an individual, so state. If a firm or co -partnership, state the m 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.) CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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: California Professional Engineering, Inc. Business Address: 929 Otterbein Ave, Unit E La Puente, CA 91748 Business E -Mail Address: van@cpengineeringinc.com Telephone: 626 810 1338 State Contractor's License No. and Class: 793907 Class A, C-10, C-20 License Expiration Date: 4/30/2019 State Dept. of Industrial Relations (DIR) Registration No.: 1000001980 State Dept. of Industrial Relations (DIR) Registration Expiration Date: , Signed: Title: 2p3dirPh CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 California Professional Engin n , kc. i' / Signature of BIDDER Title Van Nguyen, Presi (if an individual, so state) 2 aC 1 J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Van Nguyen 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 CALIFORNIA PROFFQCIONAI ENGINEERINGING, INC 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 tite City of Santa Ana or any person interested in the proposed cont ac , e f or any other person. /i Signature of Bidder Subscribed and sworn to bef re me this 6 day of JUNE 90 17 Signature of officer Administering Oath (Notary Public) JURAT State of California County of Los Angeles I SS. Subscribed and sworn to (or affirmed) before me on this 6th day of June , 2017 , by Van Nguyen , proved to me on the basis of satisfactory evidence to be the person(O who appeared before me. DIEM ! 2042311 . ��c NOGc!1U -CALIFORNIA t LOSANGRESCOUNTY rNp �1 * 4(!E 1.ir fn9}. ETP SEP. 21.1017 i NOTARY'SSIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. PLACE NOTARY SEAL IN ABOVESPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUNIENT INDIVIDUAL CORPORATE OFFICER President, SecretaryTreasurer, Manager TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLES) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: BIGHT 4 NAME OFPERSON(S)ORENTITY(IES) THUMBPRINT ® California Professional Engineering, Inc. OF 4 SIGNER 4 4 4 4 4 4 4 4 4 4 ®ow®o®o®o♦o.r000m.0000®000000m000.a�mo.oas00000..o.cooP.° I BV2aBS NOTARYBONDS, SUPPLIES AND FORMS ATHTTPaMM1VN.VALLEXSIERRA.CONI t)2065.260SVALLEY-SIERRAINSURANCF. 23C-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT KNOW ALL PRESENT that, California Professional Engineering Inc. as BIDDER, and Allied World Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten percent of the total bid amount Dollars ($ 10% ), which is ten percent (100/6) 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, finely 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 2nd day of June 120 1� BIDDER* California Professional Engineering Inc. 929 Otterbein Avenue, Ste. E, La Pueiite A SURETY* Allied World Insurance Company 550 S. Hope Street, Suite 1825Ao, Subscribed and Signature: to before me ,20—. Notary Public in and for the County of 626-810-1338 CA 9007 , State of this 213-416-1453 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 23C-14 ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Los Angeles j SS. On June 6, 2017 DATE personally appeared Van Nguyen before me, Diem Chu Notary Public, who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/xVq subscribed to the within instrument and acknowledged to me that heLsholfrhely executed the same in hishbori.thxir authorized capacity(ies), and that by his/lseaaltheir, signature(&) on the instrument the person(}i�, or the entity upon behalf of which the person(Ae 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. DIEM CHU WITNESS my hand and official seal. N�Y.,�rr:�;,.. I:� 0 COli i. # 2042313 '' £Rfm E�• NCT.AXI PUBLIC CALIFOANIA05 ANGELES N UNY I.B1' CJLA EXP. SEP 21, 2017' NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv. or validity of that document. PLACE NOTARY SEAT. INAnOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIM EU BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER President, Secretary Treasurer, Manager TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME 01' PERSONS) OR EN'i'll'WES) California Professional Engineering, Inc. APA UM12 NUMBER OF PAGES DATE OF DOWNIENI' RIGHT THUMBPRINT OF SIGNER OTHER 6 F NO VARY BONDS. SUPPLIES AND FORhIS AT HTII':IIWN'N',VAI.LF.I'-SIERRA.CO]1 C2005 -200S %,V ALET-SIERRA INSIIItANBL 23C-15 ~ � �NCALIFORNIAALL-PURPOSE 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 c that document. STATE OF CALIFORNIA County of Orange On June 2, 2017 -- before me, — Robyn R. Kargari Notary Public, Data Inset Name of Notary exactly an it appears an the official seal personally appeared Yung T. Mullick _ Names) of 9ignar(s} 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 BYN RGARI person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. y °�R R, iCA�� a ° ` COMM. # 2115276 Ur g � tfOTMYPUOUGCAtIFOM'IA� I certify under PENALTY OF PERJURY under the laws of ,`@ fig~+ %• . ' ORANGE COUhlTY the State of California that the foregoing paragraph is true °«rte. MYCOMM.EXP.JUllE13,2ot9 and correct. Witness my han - it Signature ;ZR�a-rg-arl Placs Notary Sail Above slam ofN 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: __-- I — Number of Pages: Signer(s) Other Than Named Above: I Capacity(les) Claimed by Signer(s) Signer's Name: _ _ Signer's Name: i❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): —__W ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General j ❑ Attorney in FactElAttorney - in Fact - ❑ Trustee a -- •- E] Trustee ® ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 23C-16 r I , r ! _IN_WITNESS WHEREOF, ALLIEDWORLD_INSURANCE C duly authorized and empowered toexecule on the Company's Thfs23rd dao(Felxuary, 2017- 4 -� f _ I - f I State of Pennsylvania - ) County of Philadelphia )ss. On this 23rd: day ofFebrvary, 2017, before me came the abov ..nan = _ALLIED WORLD INSURANCE COMPANY,tomepetsonally known to be, t T ,arid-offimr;described herein, and acknowledged that he executed'' instrumentand afr red the seals of said corporation thereto by au office. Emeipt.of Resolution adopted by the Board of Dimolors of the ALLIED WORL RESOLVED, that the p W officers of the CaPoratim, tie head of the surety busirr Olfi=lbe; and each hereby is, autr&ed to appoint we arroars Aborrzysi Fact ' _`_. -(Imtleritre oammon sealof(hoCapaafon ifeppmW.tam)fgbs�adedaFings,mmg RESOLVED, that in oxneUm Y4 the CappreWS tramicbm of study business P,, ie of Aermcv m h am onr F " n .rnn fhr ,h by fr.gmin aryl am.6'F OMPANY has caused these:presents to be, executed by the officer named below, behalf. EaMb7 SALT116t'Pir11NE�lW`1HHlA , ;/ry1 T- femnity, ; remain' h Issue m ' a'Authormed.Okes'and wkdr ly, the'Autra¢ed nmionofthe CanpalyssumNbusinmtoemcuto _ ilhenaWre (hereof. -_ - _ e seal of Ole:Coryo2Sm may be alRred to rare/ suili.>, _. or basimie seal shall be vac and bssdrg upon the I , RESOLVED, Nat in mnnefiah vdN to Corpombm's tansacxn o(surety bsinass;:te facstrde or medhancallyreproduced sgnat re -of any Autaizac! Olficer,wheUarmade terebbre a hereaten I vAemaappeadng uponempyofany PaazrofAt(hmeyoflhe Caporhtorl, vnN sipdaWres affizedaeexlabm2 ,shat bavedadundagupmme CoryaaOonwei the same form axleteaas^ _ - .teughnianuafiyaifixai.. -- RESOLVM that in mmec4an wih tSe Capomkn's traaac!iar of su2N busnm. my wdh Attar.eyln-Fatdehaing asaoetadal aolhaoecfifcation Natu a belg*g nsdubm sbl ba bieRectmay. Insedh suchoe cation the da',e(hereof, said dale to be mllaterNanthedateofdelivery0xiedbysch Alomeyia-Fact. - RESOLVED,NatN°ANJssized afimrs befall each hate5y"s; auNa¢od to exeA (t*thecamranseal o(Na Copaaton ifappopnate),make, file arddefrmrm Nenameard mbehaRofihe . ,. - -: CorPustioham airy e0 axsents ceN5z!es.egreemenU, arreidments, supp�erilens, Instumenis aldWrer doaunerAsivhasaeeer, and doerry and ail oNa lliugs wihasoerer in wimednn ItiN tlfe.: Calcration's tansadiih of snaN btmnms as such Auboi¢ed Officer shad 41'fils or her ateaiutedsoefion deem otdefmnhe app oprb!e and ary of tie faegcing resok&m.(he hmacwmn. i, Dan1el 2harkovky, Seorelary of (ha AUBD WORLD INSURANCE COMPANY, do hereby Miry that the' bing.excerpts of f - .-mtpordonand the Pow�ofAflaneyissueA phvsuantNeretoI are weend cared, and NalhaN the Resdudm and the Pou((eraA��tlane IN WrrNESSWHEREOF, I have here udo setmy hand and affued the feasuitleseel of tlhe oorromtm, Nisi deyof_I rr ' - . Danlel2harkovl -• ,SUR_-.0004600(05/2016)'23C-17 �.C1 7 ie Road of Dmdors of this CL N0.3186.4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of Californig Allied World Insurance Company of New Hampshire, organized under the laws ofNew Hampshire, subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Class, Liability, Workers'•Compensatlon, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Ainnraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State ofCaltfornia, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being In fidl compliance with all, and not in violation ofatty, of the applicable latus and hnvfid requirements made under authority ofthe Iaws afthe State ofCaltfarida as long as such laws or requirements are in effect and applicable, and as such laws and requirements now core, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 22"t day of May, 2013, 1 have hereunto set my hand andcamsed my official seal to be affixed this 22" day of May, 2013, Dave Jones Innuavrrr Comnrtnlarser Al By Susan J. Stapp for Nettle Hoge Chiel'Depiy NOTICE: Qualification with the Secretary of State must be accomplished as required "a Califnmin Corporations Code promptly after. Issuancoofthis Certificate ofAutbority. Failureto do sa will be asiolation of huiumice Codo s e ion7Ot and wlllbegmurdsfor rovoldng this Certificato of Authority pinsuant to the covenants made in the application therefor and the conditions oc amined herein. 23C-18 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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: '/2% of the bid or $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 firs listed below: Name N`q License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ =Llt CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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. 1. Please see attached 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type ofVllork Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. Please see attached Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see 2310 =41 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com Street Lighting -Job References PRaEM: Design — Build High Voltage Streetlight System Rewiring Amount: $547,044.66 Owner: City of Santa Ana Project Manager: Tyrone Chesanek Email: tchesonek@sonta-ano.org Contact Phone #: (714) 647-5690 Fax #: (714) 647-5622 Status: Completed Approximate Start/End Dates: Feb 2015 -March 2016 of Supplies, Equipment, or Services Provided: Convert High Voltage to Low Voltage Wiring, Design/Build, Installation of Lighting Fixtures, and Conduit. Installation of Sport Field Lighting System Amount: $65,501.00 Owner: City of Huntington Park Project Manager:Josette Espinosa Email: jespinosa@hpca.gov Contact Phone M (323) 584-6216 Fax #: (323) 588-4577 Status: Completed Approximate Start/End Dates: Dec 2015 -Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring, Pull Box, Sports Field Lighting Fixtures, and Lighting Poles, Firestone Blvd Improvement Project Amount: $409,305.58 Owner: City of Downey Project Manager: Keith Hoey Page 1 of 3 23C-22 Document Last Updated 41512016 Email: khoey@downeyca.org Contact Phone #: (552) 622-5898 Fax #: (562) 904-7296 Status: Completed Approximate Start/End Dates: April 2014 -August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pull Boxes, Pedestals, LED Fixtures, and Light Poles. Street Light in Lieu Amount: $244,716.35 Owner: City of Ontario Project Manager: Johnson Hua Email: jhua@ci.ontario.co.us Contact Phone #: (909) 395-2131 Fax #: (909) 395-2122 Status: Completed Approximate Start/End Dates: Jan 2014 -April 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pullboxes, Pedestals, LED Fixtures, and Light Poles. Old Towne Street Lighting Improvements Amount: $453,145.00 Owner: City of Orange Project Manager: Medef Llanes Email: mllones@cityoforange.org Contact Phone #: (714) 744-5535 Fax #: (714) 744-5573 Status: Completed Approximate Start/End Dates: Jan 2012 -April 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit Pullboxes, Pedestals, Street Lights w/ Fixtures, and Light Poles. Installation of Street Lighting on Mountain Street from Craig Ave Amount: $335,166.00 Owner: City of Pasadena Project Manager: Chris Hernandez Email. cehernandez@cityofpasadeno.net Contact Phone #: (626) 744-4303 Fax #: (626) 396-7931 Status: Completed Approximate Start/End Dates: Jan 2012 -May 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Street Light Pullboxes, LED lamps, Post Top Concrete Streetlights, Street Light Conductors, and Modify Existing Street light Feed Point. Page 2 of 3 Document Last Updated4/5/2016 23C-23 Street Light Installation —Guinida Lane Amount: $202,345.50 Owner: City of Anaheim Project Manager: Mark Brownrigg Email: mbronwrigg@anaheim.net Contact Phone M (714) 765-4300 Ext. 4596 Fax #: (714) 765-5225 Status: Completed Approximate Start/End Dates: Aug 2011 -March 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduits, Wirings, Service, Foundations, Street Light Poles, and Luminaires. Page 3 of 3 Document Last Updated 41512016 23C-24 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com We intend to procure all bonds from: The Hanover Insurance Company Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949 -461 -7000 -office # 949 -461 -7725 -fax # ymullick@thebond-exchange.com We }I-gprocure all general/access liability/auto liability certificates from: Inc. CA 91730 procure all workers' compensation certificates from: BBSI Magdalena Gilane, Agent 1950 Sunwest Lane, Suite 250 San Bernardino, CA 92408 909 -890 -0100 -office # 909 -890 -0120 -fax # magdalena.gilane@bbsihq.cwm Page 1 of 1 23C-25 Document Last Updated 9.7.2016 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are caytoned that making a false certification may subject the certifier to criminal prosecktidfi.A Signed State of California County of LAS ftiNCrEtkS Spbscribed and sworn to (or affirmed) before me on this 6 day of Tuue- , 20 IT, by VnrJ VhWUN , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal � J1 PA& V JURAT State of California County of Los Angeles I SS. Subscribed and sworn to (or affirmed) before me on this Van Nguyen to be the person(a�who appeared before me. 6th day of June , 2017 by proved to me on the basis of satisfactory evidence I)IEld 042 gy�pp ' CGY PUL 2042313 NO'LOS ANGELES CAUPoRNIA LOS ANGELES COUNTY %O�ig � Rtr Ccaa ExA. S=.A. 21. 2017' NOTARY'SSIONATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. PLACE NOTARY SEAL INABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL 0 CORPORATE OFFICER President Secretary. Treasurer, Manager TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) rin-RS) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: RIGHT @ NAMEOF PERSON(S) OR ENTITY(IES) THUMBPRINT ® California Professional Engineering, Inc. OF SIGNER @ 0 0 0 @ @ 0 @ 1 0 0 0 @ow>omomoo®eosamma000smommomooma.®momos®o®osoowmoos®o®omo@ J D12008 NOTARY BONDS. SUPPLIES AND FORMS ATHTTPYAVNW.V:\LLEY-SIFRRA.00h1 5'1 2005-200 5 VALLEY -SIERRA INSURANCE 23C-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-cotnpliance 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 Chapte . Signed: Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: June 6, 2017 IMMj CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 joumeymen 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 contr tors, except contractors not signatory to the trust agreement shall pay a like amount to t alifo-M renticeship Council. Signed: / Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: June 6, 2017 r% W- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT TATEMENT 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 workyto give up any part of the compensation to which he/she is otherwise en itl�� Signed: Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: lune 6, 2017 23' 04f CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space, i96h CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT This CONSTRUCTION CONTRACT is made and entered into this 5a' day of September, 2017 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 "CITY"), and California Professional Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Thornton Park Security Lighting 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 Ninety -Four Thousand Five Hundred and No Cents ($94,500.00), 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 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. rev. 12/20/2016 23C-33 Pagel of3 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. 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 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. H 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. 230-34 Page 2 of 3 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: JOAN 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: California Professional Engineering, Inc. VAN NGUYEN President 23C-35 Page 3 of 3 23C-36 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2655: THORNTON PARK SECURITY LIGHTING PROJECT Construction Contract $ 94,500.00 Contract Administration $ 6,275.00 Inspection and Testing $ 7,900.00 Contingencies $ 18,900.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 127,575.00 EXHIBIT 4 23C-37 23C-38