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HomeMy WebLinkAbout23A - TRAFFIC SIGNAL MODIFICATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2018 TITLE: AWARD CONTRACT TO BELCO ELECTRIC, INC., FOR INSTALLATION OF GRANT -FUNDED TRAFFIC SIGNAL MODIFICATIONS AT WARNER AVENUE AND FLOWER STREET (PROJECT NO. 176893) {STRATEGIC PLAN NOS. 6, 113 & 1G} CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Reject all bids received on December 4, 2017, for construction of the Warner Avenue and Flower Street Traffic Signal Modification project. 2. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $77,752, for the term beginning upon execution of the contract and ending upon project completion, for the Warner Avenue and Flower Street Traffic Signal Modification project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $116,250 which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $26,835. As a result of the of the Warner Avenue Improvement Project mitigation measures were required from Main Street to Grand Avenue (Exhibit 1). The improvements include reconfiguring striping and modifying traffic signal equipment to add a westbound dedicated right tum lane at the intersection of Warner Avenue and Flower Street. Once completed, the improvements will increase safety and mobility in the area. The first notice inviting bids was advertised on November 10, 2017 and November 15, 2017; the bids were opened on December 4, 2017. The lowest bid exceeded the grant funds available. Staff therefore revised scope of work by deleting the video detection system equipment. The revised scope maintains grant eligibility. 23A-1 Contract Award For Warner Avenue and Flower Street Traffic Signal Modification project April 3, 2018 Page 2 A Notice Inviting Bids for the revised plans and specifications was advertised on January 3, 2018, and January 8, 2018. Bids were opened on February 7, 2018. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 12 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 BELCO ELECTRIC, INC. CHINO $77,752 2 CALIFORNIA PROFESSIONAL ENGINEERING, INC. LA PUENTE $85,670 3 TRAFFIC LOOPS CRACKFILLING, INC. ANAHEIM $86,100 4 SIEMENS INDUSTRY, INC. RIVERSIDE $99,995 5 PTM GENERAL ENGINEERING SERVICES, INC. RIVERSIDE $119,996 6 CALPROMAX ENGINEERING, INC. PLACENTIA $144,100 A total of five bids were received and considered responsive. Contractor Belco Electric, Inc., submitted the lowest responsive bid in the amount of $77,752 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Belco Electric, Inc., in the amount of $77,752 (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 and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Environmental Impact Report (SCH# 2012101004) was prepared and approved by City Council on September 1, 2018. 23A-2 Contract Award For Warner Avenue and Flower Street Traffic Signal Modification project April 3, 2018 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $116,250, which includes construction, contract administration, inspection, testing, and an authorized contingency of $26,835. Funding is available in the Measure M2 Street Construction Fund for $87,187 (Account No. 03217663-66220, Project 176893) and Gas Tax SB1 State Loan Fund for $29,063 (Account No. 05917667-66220, Project 176893) for expenditure in Fiscal Year 2017-18. ZEdiwWitilliam" Gal ez, P.E. Acting�Executive Director Public Works Agency Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: 'E ncn�isr� 11��� Francisco Gutierrez,.� Executive Director Finance & Management Services Agency 23A-3 23A-4 SANTA ANA City Council Agenda Date Project No. 17-6893: Warner Avenue at Flower Street PWA Traffic Signal Modification April 03, 2018 MBOCWORUAGUCY 23A-6 Exhibit 2 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Elecnor Belco Electric, 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: Item Description Qty. Unit Unit Price Amount I Remove and Discard Existing Pole, 2 EA S $ Vehicle Heads, Ped Heads and Push r^ 't W O� Z�� Button. Remove Foundation Complete. 1 2 Install New or Replace Existing Pull box With New No.6 or 6E pull box 3 EA $ 400 $ 3 29-5-100 WAT LUM. M.A. and - Foundation 2 EA $ Iq 110 $ 4 12" Vehicle I lead (L.E.D.) 6 EA $ 1�5 $ u iso 5 Countdown Pedestrian Head Assembly 2 EA $ 6 A.D.A. Type "B" P.P.D. Assembly 2 EA $ZDV S 7 Luminair(400W IIPSV) 2 EA S $ 8 Sign Install On Mast Arm 2 EA SII , 5� 5213 V 9 Rewiring Entire Intersection LS LS S� 1 Ut,V S 10 Install GTT Opticom Model 711 EVP Detector (3M EVP 1-2 Direction) LS LS Sp p �V S g t 11 Relocate Existing CCTV Camera LS LS $ 2t000 $ 12 Temporary Overhead Wiring LS LS $ -S 13 Pothole For Utility Not Shown 2 EA $ rn r10 REBID Project 17-6893 - December 20, 2017 23A-7 Item Description Qty Unit Unit Pricc Amount TOTAL BASE BID S ,.-7 I 1 S7 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 LIOUIDATED 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 $1,000 per calendar day. Name of Firm Elecnor Belqo Electric, Inc. Signature of BIDDER Title Vice Presider (If an individual, so state. I rm or co- artn hip, 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.) REBID Project 17-6893 - December 20, 2017 23A-8 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 under penalty of perjury that the foregoing is true and correct. Name of Firm Elecnor B_e_lco Electric, Inc. Signature of BIDDER Title vice Presi�entl: \ ) (If an individual, so state. um 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.) REBID Project 17-6893 - December 20, 2017 23A-9 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: Elecnor Belco Electric, Inc. Business Address: 14320 Albers Way, Chino, CA 91710 Business E -Mail Address: jwong@elecnor.com Telephone: 909-993-5470 State Contractor's License No. and Class: 738518 A, B, C-10 License Expiration Date: 7/31/19 State Dept. of Industrial Relations (DIR) Registration No.: 1000004804 State Dept. of Industrial Relations (DIR) RegistratiotjExrationDate: � 6/30/18 Signed: Z � 'J x , John Wong Title: REBID Project 17-6893 - December 20, 2017 23A-10 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 Finn Elecnc Signature of BIDDER _ Title Vice Presic (if an individual, so state) REBID Project 17-6893 - December 20, 2017 23A-11 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) John Wong , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP nut he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ® CORPORATION That he is of. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is oC one of the parties making the foregoing proposalasa 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 cq9tract, for, himself or any other person. before me this aD day of 20 L of offer Administering Oath (Notary Public) .: Anotary pub8c or other offlcercompleling 3.? OLIVIACHEA thiaeertiGcateveriFlasonlytheldentityot <" R?;; the Individual who signed the document to Commission No.2107474 which this certificate is attached, and not NOTARY PUBLIC -CALIFORNIA n the truthfulness. accuracy, or validity of „a. SAN BERNARDINO COUNTY that document ...._..... MY Comm. Expires APRIL 18.2018 REBID Project 17-6893 - December 20, 2017 23A-12 il� KNOW ALL PRESENT that, Gip., nnr Relco Fl ctrl In , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Tan Percent of Amount Bid Dollars ($ 10% , which is ten percent (100/0) 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 17th day of January ,2018 . BIDDER: Tel No: (909) SURETY* Los Angeles, CA 90017, Tel Subscribed and sworn to before me this day of , 20_. Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. REBID Project 17-6893 - December 20, 2017 23A-13 ALL- PURPOSE CERTIFICATE OF 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 San Bernardino } Ort iUVOt/l/ 22 2Q before me, Olivia Chea, Notary Public en,neea name an eel Ne oNeo m�� personally appeared John Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that (Qshe/they executed the same in jUs er/their authorized capacity(iss), and that by Is er/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. �T q:... Mmy ha d and official seal. i•",e i ac.. OLIVIA CHEA Commission No. 2107474 NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY r' My Comm. Expires APRIL 18. 2019 ................. ary PubIc signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OFTHEATTACHEDDOCUMENT Th,—tocomplies with current Californiastatutes regarding notarywording and. iifneeded, should be completed and atrachedlo the document. AcMohredgents from other states may be co npletedfor documents beingsent to that state so long as the u wording does not require the California notary to violate California notary law. (rifle or desaipdcrl of attached document) • State and County information must be the State and County where the document sign r(s) personally appeared before the notary public for acknowledgment • Dale of notarization must be the date that the signer(s) personally appeared which (Title ordescrip6m of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages_ Document Date commission followed by a comma and then your title (notary public) • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fortes (i.e. ❑ Individual (s) helshehkey, is tare) or circling the correct forms. Failure Incorrectly indicate this information may lead to rejection of document recording. I] Corporate Officer • The notary seal impression must be clear and phulogmphically reproducible. Vice President Impression must not cover text or lines If seal impression smudges• re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact 8 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other v Indicate title or type of attached document. number ol'pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary), 2015 Ver,,,, IN Securely attach this document to the signed document with a staple. 23A-14 ACKNOWLEDGEMENT OF SURETY STATE OF Connecticut COUNTY OF Hartford On this 17'h day of January, 2018, before me personally came Danielle D. Johnson, to me known, who, by me duly sworn, did depose and say that he/she is the attorney-in-fact of the Fidelity and Deposit Company of Maryland that he/she knows the seal of the corporation; that the seal affixed to the said instrument is such company seal; that it was so affixed by order of the Board of Directors of said company and that he/she signed his/her name thereto by like order. /� / t n AfNdEIE PEROidD1iVE M� COMMISSION EXPIRES MAY 31,4145 2022 Notary Public, Aimee Perondine 23A-15 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomcy and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "that the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN -TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate scats of the said Companies, this day off antr,c3 20J5�. �a otror�' S`'GN r!s°tVSL n i �' 3 o ay Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 23A-16 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: %x% 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 firms listed below: Name N Oi U Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ REBID Project 17-6893 - December 20, 2017 License 4/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 $ 23A-17 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. L City of Victorville 14343 Civic Dr. Victorville CA Name and Address of Owner. Greg Heldreth 760-243-6360 Name and Telephone Number of person familiar with project. $1,278,432 Traffic Signals, Fiber Optic May 2014 Contract Amount Type of Work Date Completed 2. City of Glendale 633 Broadway Suite 215, Glendale, CA Name and Address of owner. Sarkis Oaanesvan 818-548-3945 Name and Telephone Number of person familiar with project. $316,285 Traffic Signal Sept. 2015 Contract Amount Type of Work Date Completed 3. City of Orange 300 E. Chapman Ave, Orange, CA Name and Address of owner. Medel Llanes 714-744-5535 Name and Telephone Number of person familiar with project. $322,096 Traffic Signal Sept. 2015 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. Willis Towers Watson - Joyce Duhr Short Hills, NJ 07078 973-401-7420 REBID Project 17-6893 - December 20, 2017 23A-18 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. 1. City of Culver City 9700 Culver Blvd., Culver City, CA Name and Address of Owner. 310-253-5604 Name and Telephone Number of person familiar with project. $1,000,080 Traffic Signals June 2017 Contract Amount Type of Work Date Completed 2. City of Corona 400 S. Vicentia Ave, Corona, CA Name and Address of owner. Dennis Ralls 951-817-5708 Name and Telephone Number of person familiar with project. $278,916 Traffic Signal May 2017 Contract Amount Type of Work Date Completed 3. City of Diamond Bar 21810 Copley Drive, Diamond Bar., CA Name and Address of owner. Christian Mal "C -a 909-839-7042 Name and Telephone Number of person familiar with project. $449,772 Fiber Optics October 2017 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. Willis Towers Watson - Joyce Duhr 150 John F. Kennedy Parkway, Suite 520 Short Hills, NJ 07078 973-401-7420 REBID Project 17-6893 - December 20, 2017 23A-19 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 Signed State of Countyt Sus bed and s orn to (or affirmed) before me on this 014day of')'111I�1A1I 20A by RI'Z O proved to me on the basis of satisfactory evidence to be the person(s) who app ared before me OLIVIA CHEA commission No.2107474 z NOTARY PUBLIC•CAIIFORNIA ;! jr SAN BERNARDINO COUNTY f My Comm. Eipites APRIL 19, 2019 Notary Public Signature otaryu 'c e 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 REBID Project 17-6893 - December 20. 2017 23A-20 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-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. REBID Project 17-6893 - December 20, 2017 23A-21 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 Cifavter. Signed: Title: Firm: Elencr Belco Electric, Inc. Date: 1/22/18 REBID Projed 17-6893 - December 20, 2017 23A-22 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 amouryYtQ the Caljfgmla Apprenticeship Council. Signed: Title: John Firm: Eli- nor Belco Electric, Inc. Date: 1/22/18 REBID Project 17-8893 - December20, 2017 23A-23 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 otherwiA entitled. Signed: Title: EE1 e x Finn: e n Date: 1/22/18 REBID Project 17-6893 - December 20, 2017 23A-24 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. REBID Project 17-6893 - December 20, 2017 23A-25 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Soloria Sal Tinajero Juan Villegas January 8, 2018 ADDENDUM No. ONE gel CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Boz 1998 Santa Ana. California 92702 vnvw.santa-ana.ora CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 17.6893: Warner Avenue and Flower Street Traffic Signal Modification The following changes have been made to Specifications for the subject project: Specifications o Page iv in NOTICE INVITING BIDS: Remove: The sentence "In addition, video detection for all 4 approaches will be installed as part of this project." In the Scope of Work paragraph was removed. CITY OF SANTA ANA City Engineer SANTA ANA CITY COUNCIL Mild A. Pu dd Mmil MaMlm Vkenle5amneno Jose sol PU."d eenavices J.va m Sa Te em Rlaycr Mayor Pm Tem. Ward 2 Wa1d1 Wmd3 Wada Wa s W d6 In[YIidO3`Sanld.aRl Otn Plimdnl�rez4`Sa�ldand Ml v5dl111RIIIdI.?Sdnlddnd nla SOIO,iCA15dl11hdnd 9n CCPMTddddTSdnld2nd IXe MI?edi J4A�Id2nd 0.V $Ma,C'..J LN�aIIU OIO 23A-26 CITY OF SANTA ANA ADVERTISEMENT PROJECT NO.: 17-6893 WARNER AVENUE AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids on or before the hour of 2:00:59 pin, January 24, 2018 by the Public Works Agency Receptionist, Third Floor (see attached map), located at City Hall - Ross Annex, 20 Civic Center Plaza, M-22, Santa Ana, California 92701 for: PROJECT NO. 17-6893 WARNER AVENUE. AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION Bids Proposals shall be enclosed in a sealed envelope clearly marked on the outside with the above identified project number and name, and also marked "SEALED BID — DO NOT OPEN WITH REGULAR MAIL" Scope of Work includes upgrading the current eastbound and westbound left turn phasing by replacing the two mast amts traffic signal poles. It is the BIDDER'S responsibility to ensure delivery of the Proposal prior to the bid opening hour. Contractors will be required to comply with the City's new security policy and sign -in with the receptionist on the first floor. Contractors will sign -in under Bid opening for Project 17-6893 to receive elevator access to the 3rd floor lobby. Contractors should allow themselves additional time to register in order to avoid missing the time -stamp deadline. Each bid shall be accompanied by a Bid Proposal Guaranty in the form of a cashier's or certified check payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in an amount not less than ten percent (10%) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized. The City of Santa Ana reserves the right to reject any and all bids and to waive any minor or non- substantive irregularities in the bid documents. Prior to bid opening, Bidders must possess or obtain a valid California Class "A" or Class "C-10" Contractor's license. Addenda issued during the time the bid is advertised will be posted on the City of Santa Ana website. BIDDERs are responsible to become self -informed as to whether or not addenda have been issued. REBID Project 17-6893 - December 20, 2017 IV 23A-27 MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmlento Jose Solodo Sol Trnalero Juan Villegas January 24, 2018 ADDENDUM No. TWO CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.sonta-ana.ora CITY MANAGER Raul Godinez II CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Made D. Hulzar SUBJECT: PROJECT NO. 17-6893: Warner Avenue and Flower Street Traffic Signal. Modification The following changes have been made to Specifications for the subject project: Specifications • Page Iv in NOTICE INVITING BIDS: Bid date was changed to February 7, 2018. CITY OF SANTA ANA Edwin "William" Ga v. , P.E. City Engineer SANTA ANA CITY COUNCIL Lfguelk Purslo mchele Martinez Yxmle Sarmlenlo Jose S"lorio - ' _ - . P. David Benavides ' _ - Jwn VX gas. _ - - Maym MayorPm Tem,Wwd2 Ward1 Ward? - WAN 4. --- -== Ward5 _- msNido48aslaana.om mimarfinexb)sanla-ana.me vsarmienlordsantaana.or" isaloria5lsantaana'w"e'-` -28 CITY OF SANTA ANA ADVERTISEMENT PROJECT NO.: 17-6893 WARNER AVENUE AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION NOTICF INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids on or before the hour of 2:00:59 pin, February 7, 2018 by the Public Works Agency Receptionist, Third Floor (see attached map), located at City Hall - Ross. Annex, 20 Civic Center Plaza, M-22, Santa Ann, California 92701 for: PROJECT NO. 17-6893 WARNER AVENUE AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION Bids Proposals shall be enclosed in a sealed envelope clearly marked on the outside with the above identified project number and name, and also marked "SEALED BID = DO NOT OPEN WITH REGULAR MAIL" Scope of Work includes upgrading the .current eastbound and.westbound left turn phasing by replacing the two most arms traffic signal poles. It is the BIDDER'S responsibility to ensure delivery of the Proposal prior to the bid opening hour. Contractors will be reouired to comes with the City's new security policy and sign -in with the receptionist on the first floor. Contractors will sign -in under Bid opening for Project 17-6893 to receive elevator access to the 3rd floor lobby. Contractors should allow themselves additional time to register in order to avoid missing the time -stamp deadline. Each bid shall be accompanied by a Bid Proposal Guaranty in the form of a cashier's or certified check payable to the City of Santa Ann, or Bid Bond issued by a corporate surety, in an amount not less than ten percent (10%) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized. The City of Santa Ann reserves the right to reject any and all bids and to %waive any minor or non- substantive irregularities in the bid documents. Prior to bid opening, Bidders must possess or obtain a valid California Class "A" or Class "C-10" Contractors license. Addenda issued during the time the bid is advertised will be posted on the City of Santa Ana website. BIDDERS are responsible to become self -informed as to whether or not addenda have been issued. _ REBID Projed 17 - December 20, 2017 iv 23A-29 MAYOR Miguel A. Polido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sannlento Jose Solodo Sal TinaJero Juan Vlllegas February 6, 2018 ADDENDUM No. THREE CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 www.sanla-ana.orD CITY MANAGER Raul Godinez If CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar SUBJECT: PROJECT NO. 17.6893: Warner Avenue and Flower Street Traffic Signal Modification The following clarification has been made to Plan sheet 1 of 1 (XA01) for the subject project: Plans: • Sheet 1 of 1 (XA01) Traffic Signal Modification Drawing: Since we removed the video detection component of this project, construction note 8 and construction note 8 call -out are not part of this project. DV01- Y.1►W-1 ILS City Engineer 23A-30 SANTA ANA CITY COUNCIL mguem Pulldo M1UWele Manlne. Vicente Sarmiento JasasNodo P. David BenaMas Juan Vlllegas SnA Tin.jem Mayor Mayor Pm Tem. Ward 2 Wand Ward3 Ward4 Wards Waal6 moulid.e,s.nla-ana.o,g mimadinaz9 anla.aaa.om vs.rnnwtoOD.ntaana wa Nd.ria3wla-aea ore dbeaaades®santaanawo hilleoasesanla-an' oro 9ina1em9Dwntaana am 23A-30 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT 17-6893 WARNER AVENUE AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION This CONSTRUCTION CONTRACT is made and entered into this 3's day of April, 2018 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 Elecnor -Belco Electric, 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 Warner Avenue and Flower Street Traffic Signal Modification 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 • Community Workforce Agreement • 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 Seventy -Seven Thousand Seven Hundred Fifty -Two Dollars and No Cents ($77,752.00), 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. 09/012017 23A-31 Page 1 of 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 INTROVEMENT 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. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF INTROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htti)://www.santa-ana.org/vwa/documents/CWA.T)df 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. 8. 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. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 23A-32 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: AWN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: Elecnor Belco Electric, Inc. NAME: TITLE: 23A-33 Page 3 of 3 23A-34 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO._17-6893: WARNER AVENUE AND FLOWER STREET TRAFFIC SIGNAL MODIFICATION Construction Contract $ 77,752.00 Contract Administration $ 5,163.00 Inspection and Testing $ 6,500.00 Contingencies $ 26,835.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 116,250.00 EXHIBIT 4 23A-35 23A-36