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HomeMy WebLinkAbout20A - AA - AGMT - REHAB EUCLID STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE REIMBURSEMENT AGREEMENT WITH GARDEN GROVE AND APPROVE RELATED APPROPRIATION ADJUSTMENT AND FUND REALLOCATION TO AWARD A $985,301 CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY FOR THE EUCLID STREET REHABILITATION PROJECT (PROJECT NO. 18-6915) {STRATEGIC PLAN NO. 6, 113; 1C; 1G} �—;� A===� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements within the Garden Grove jurisdiction from Hazard Avenue to Westminster Avenue, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $315,148 in cost reimbursement from the City of Garden Grove into the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account for the Euclid Street Rehabilitation Project. 3. Award a contract to R.J. Noble, the lowest responsible bidder, in accordance with the base bid in the amount of $985,301, for construction of the Euclid Street Rehabilitation Project from Hazard Avenue to Westminster Avenue, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 4. Authorize the reallocation of $239,319 in unspent Fiscal Year 2017-18 Select Street Construction Road Maintenance and Rehabilitation Account fund from projects 18-6916 and 18-6917 to the Euclid Street Rehabilitation Project. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,208,892, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $98,530. 20A-1 Award Contract to R.J. Noble Company for the Euclid Street Rehabilitation Project March 19, 2019 Page 2 DISCUSSION The City's Pavement Management Program identified Euclid Street from Hazard Avenue to Westminster Avenue as high priority for street rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The proposed improvements include the removal and replacement of failed asphalt pavement; the replacement of damaged concrete curb, gutters, sidewalks, and curb ramps; and installation of traffic loops, traffic stripes, and pavement markings. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disabilities (ADA) standards. The City of Garden Grove shares the right-of-way within the project area; therefore, a Cooperative Cost Reimbursement Agreement is required for the City of Garden Grove to finance their portion of the improvements (Exhibit 2). The Cooperative Cost Reimbursement Agreement between the City of Santa Ana and City of Garden Grove identifies the roles and responsibilities of each party and estimates each city's share of the project costs. City of Garden Grove's cost reimbursement of $315,148 includes $23,344 for their share of the Design Engineering Cost. The City of Garden Grove's total cost reimbursement will be funded by their Gas Tax allocation. A Notice Inviting Bids was advertised on December 14 and December 20, 2018, and bids were opened on January 15, 2019. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 25 Contractors requesting bidding documents 13 Bids received 5 Bids received from Santa Ana contractors 1 Outreach To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 25 qualified local vendors were notified of the opportunity to bid on this project. 20A-2 Award Contract to R.J March 19, 2019 Page 3 Bid Results Summary Noble Company for the Euclid Street Rehabilitation Project RANK BIDDER'S NAME LOCATION BASE BID 1 R.J. Noble Company Orange $985,301 2 All American Asphalt Corona $1,111,000 3 Hardy & Harper, Inc. Santa Ana $1,120,000 4 Excel Paving Co. Long Beach $1,128,800 5 Sequel Contractors, Inc. Santa Fe Springs $1,197,050 A total of five bids were received and all were deemed responsive. R.J. Noble Company submitted the lowest responsive bid in the amount of $985,301 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to R.J. Noble Company in the amount of the bid (Exhibit 4). 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), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), 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 No. ER -2019-01 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of the project is $1,208,892, which includes construction, contract administration, inspection, testing, design engineering, and $98,530 in authorized contingencies. A cost reimbursement agreement with Garden Grove resulting in $315,148 reimbursed to Santa Ana will require an appropriation adjustment recognizing that amount into the Select Street Construction revenue account (No. 05917002-57000) and appropriated into the Select Street Construction expenditure account (No. 05917660-66220). Also, project funding requires 20A-3 Award Contract to R.J. Noble Company for the Euclid Street Rehabilitation Project March 19, 2019 Page 4 reallocation of unexpended funds in the amount of $239,319 from the Select Street Construction Account fund (No. 05917665-66220; Projects 18-6916 and 18-6917). The table below summarizes the project funding available for expenditure in Fiscal Year 2018-19: Project 18-6916 Project 18-6917 City of Garden Grove Totals: 0 Fuad Sweiss, PE, PLS Execute Director Public orks Agency FUNDS/ACCOUNTS TOTALS Select Street Maintenance Select Street Construction 05917665-66220 05917660-66220 $654,425 $654,425 $79,143 $79,143 $160,176 $160,176 $315,148 $315,148 $893,744 $315,148 $1,208,892 APPROVED AS TO FUNDS AND ACCOUNTS: A��'��-r.+- 4, Kathryn Dowr's, CPAs Executive Director Finance and Management Services Agency Exhibits: 1. Location Map 2. Cooperative Cost Reimbursement Agreement with Garden Grove 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 20A-4 SANTA ANA Project No. 18-6915: p�1 Euclid Street Rehabilitation from Hazard It Avenue to Westminster Avenue PUBLIC WORKS AGENCY I J 20A-6 Exhibit 2 COOPERATIVE COST REIMBURSEMENT AGREEMENT EUCLID STREET REHABILITATION PROJECT FROM HAZARD AVENUE TO WESTMINSTER AVENUE COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement'), is made and entered into this _ day of 2019, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF GARDEN GROVE, a California municipal corporation ("Garden Grove"). In this Agreement, Santa Ana and Garden Grove may each be individually referred to as a "Party" and collectively referred to as the 'Parties." RECITALS: WHEREAS, Santa Ana has initiated a street rehabilitation project (the 'Project') to improve the pavement condition of Euclid Street from Hazard Avenue to Westminster Avenue and WHEREAS, Euclid Street within the Project limits contain a portion of property within Santa Ana and a portion of the street within the boundary of Garden Grove; and WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to improve the portion of Euclid Street within its boundary at the same time the Santa Ana Euclid Street Project is conducted; and WHEREAS, the Parties desire to repave Euclid Street, within their respective boundaries, as part of the "Project'. NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. The City of Santa Ana will advertise for bids, hire a contractor, approve the work and administer the contract for street rehabilitation. 2. Garden Grove is responsible for: (a) Garden Grove shall pay Santa Ana for the actual cost of the work within the Garden Grove portion based upon unit prices bid of the Successful Contractor and quantities actually used on the Garden Grove portion as set forth in the Project Location Map (Exhibit A) and the City Cost Sharing (Exhibit B), attached hereto and incorporated by this reference. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. (b) Garden Grove shall pay Santa Ana for the actual cost of design engineering and construction engineering services provided for the work within the Garden Grove portion based upon the time spent by Santa Ana staff. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. 3. Garden Grove will coordinate the relocation of all affected utility company facilities within the City limits of Garden Grove in a timely manner. 20A-7 4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under this Agreement in good faith to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Garden Grove, such approval shall not be unreasonably withheld. 5. Garden Grove will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Garden Grove will be invited to attend pre -construction, Project status, and final walk through meetings. 6. Change orders for work within Garden Grove Works Department Engineering Manager of implementation. Garden Grove is responsible respective boundaries. must receive the written approval of the Public Garden Grove or his/her designee prior to for change order cost within Garden Grove 7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or the Public Works Department Engineering Manager of Garden Grove, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Edwin "William" Galvez, PE City Engineer Public Works Agency Santa Ana, CA 92701 20 Civic Center Plaza, M-21 Phone: (714) 647-5653 E -Mail: wegaivez@santa-ana.org City of Garden Grove: ATTN: Dan Candelaria, PETE City Engineer Public Works Department 11222 Acacia Parkway Garden Grove, CA 92840 Phone: (714) 741-5185 E -Mail: danc@ci.garden-grove.ca.us 8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the Garden Grove improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. 9. The City of Santa Ana shall have its contractor provide insurance as follows: 9.1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of this Agreement: (a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A - Class VII or better, as approved by the City. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 20A-8 An Additional Insured Endorsement, ongoing and completed operations, for the policy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (b) Automobile liability in the amount of $1,000,000 combined single limit, including mobile equipment if applicable; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A-, Class VII or better, as approved by the City. An Additional Insured Endorsement for the policy shall designate the City of Garden Grove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (c) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, Contractor and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the City of Garden Grove, the City of Santa Ana, their officers, officials, agents, employees, and volunteers. 9.3. CONTRACTOR shall not commence work until all certificates and endorsements have been received and approved by Santa Ana. All insurance required shall contain a Statement of Obligation on the part of the carrier to notify City of any material change, cancellation, or termination at least thirty (30) days in advance. 10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 20A-9 13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 16. This Agreement is to be governed by the laws of the State of California, in Orange County California. 17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's own performance under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other party's negligence or willful misconduct. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF SANTA ANA CITY OF GARDEN GROVE STEVEN A. MENDOZA Acting City Manager ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney J D !w. J(j)/riN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD S. SWEISS, PE, PLS Public Works Agency Executive Director SCOTT C. STILES City Manager ATTEST: TERESA POMEROY City Clerk • • • r _ �C�77�7:7(�IA OMAR SANDOVAL City Attorney 20A-10 Exhibit A Location Map Euclid Street Rehabilitation Project From Hazard Avenue to Westminster Avenue 20A-11 SANTA ANA ■PWA■ EXHIBIT A PROJECT 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. LOCATION MAP PAGE 1 OF 1 EXHIBIT B City Cost Sharing Euclid Street Rehabilitation Project From Hazard Avenue to Westminster Avenue City of Garden Grove Cost 20A-13 PROJECT NO. 18-6915 EUCLID REHABILITATION: FROM HAZARD TO WESTMINSTER City of Garden Grove and Santa Ana Cooperative Agreement QUANTITIES NO. ' DESCRIPTIONS I,NFTl G.G. QUANTTTY U91T, _ COST + GARDEN GROVE 1 Unclassified Ex. CY 1,000 $ 38.00$ 38,000.00 2 Cold Milling (3") SF 0 $ 0.28 $ - 3 Cold Milling IV) SF 0 $ 0.65 $ - 4 Crush Miscellaneous Base (CMB) TN 610 $ 29.00 $ 17,690.00 5 lAsphalt Concrete (AC) TN 950 $ 75.00 $ 71,250.00 6 Asphalt Rubber FIot Mix (ARITM) TN 320 $ 92.00 $ 29,440.00 7 PCC Curb Ramps SF 1,000 $ 8.50 $ 8,500.00 8 PCC Sidewalk (4") SF 1,660 $ 5.30 $ 8,798.00 9 PCC Cross Gutter SF 860 $ 16.00 $ 13,760.00 10 PCC Driveway per GG standard plan SF 350 $ 10.50 $ 3,675.00 11 PCC Curb Type A-8 LF 80 $ 21.00 $ 1,680.00 12 PCC Curb and Gauer Type C-8 LF 10 $ 32.00 $ 320.00 13 Adjust OCSD Manhole Frame & Cover to Finish Grade EA 0 $ 11800.00 $ - 14 Adjust Manhole Frame & Cover to Finish Grade EA 1 $ 11000.00 $ 1,000.00 15 Adjust Water Valve Frame & Cover to Finish Grade (S.A.) EA 0 $ 1,000.00 $ - 16 Adjust Water Valve Frame & Cover to Finish Grade (G.G.) EA 17 $ 1,000.00 $ 17,000.00 17 18" Dowels EA 8 $ 80.00 $ 640.00 18 Root Shave EA 10 $ 260.00 $ 2,600.00 19 Furnish and Install New #6 Pullbox EA 5 $ 315.00 $ 1,575.00 20 Temporary Construction Sign EA 5 $ 315.00 $ 1,575.00 21 Project advertisement sign EA 0 $ 800.00 $ - 22 Furnish and Install Ytaffe Loops Type D t EA 4 $ 240.00 $ 960.00 23 Furnish and Install Traffic Loops TypeE t EA 8 $ 210.00 $ 1,680.00 24 Signing and Striping LS 0.10 $ 123,000.00 $ 12,300.00 25 Labor Agreement Oversight LS 0.10 $ 10,000.00 $ 1,000.00 S,UJ3TOTAL CONSTRUGTIOA' COST �. $ 233,443.00 Design Engineering Contingency Construction Engineering 10% 10% 15% $ $ $ 23,344.30 23,344.30 35,016.40 TOTAL PROJECT COST $ 315,148.00 ZOABIT4B City of Santa Ana Page 1 Euclid St. Rehabilitation from Hazard Ave. to WestminsterAve. (18.6915), bidding on January 16, 2019 2:00 PM Printed 02/1412019 Bid Results EXHIBIT 3 Bidder Details File Name Vendor Name R.J. Noble Company Address 15505 E. Lincoln Ave Ownership Affidavit Orange, CA 92865 Ownership Affidavit (Notary United States Respondee Jennifer De longh Respondee Title Contract Administrator Phone 714-637-1550 Ext. 311 Email stevemendoza@dnoblecompanycom Vendor Type Bid Bond Euclid S1reetQQ1.pdf License # 782908 CA DIR Public)- REQ Original Bid Detail Bid Format Electronic Submitted January 16, 2019 1:41:41 PM (Pacific) Delivery Method Non Collusion Affidavit001.pdf Bid Responsive Bid Status Submitted Confirmation # 103592 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms Euclid Street General docs001.pdf General Forms Ownership Affidavit Ownership Affidavit001.pdf Ownership Affidavit (Notary Public)- REQ Original Hard Copy Submittal in Addition Bid Band Euclid Street Bid Bond Euclid S1reetQQ1.pdf Bid Bond Guaranty (Notary Public)- REQ Original Hard Copy Submittal In Addition Non Collusion Affidavit Non Collusion Affidavit001.pdf Non-Colluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code u0M Qty Unit Price Line Total Comment Base Bid Proposal 1 Unclasslfled Ex* Cy 2340 $38,00 $88,920.00 2 Cold Milling IN')' 8F 122000 $0.28 $34,160.00 P20A,11- 5 City of Santa Ana Page 2 Euclid St. Rehabilitation from Hazard Ave. to Westminster Ave, (18-6915), bidding on January 16, 2019 2:00 PM Printed 02/1412019 Bid Results Type Item Code UCIN Qty Unit Price Lino Total Comment 3 Cold Milling (6") SF 9100 $0.85 $6,915.00 4 Crush Miscellaneous Base (GMB)* TN 010 $29.00 $17,690.00 5 Asphalt Concrete (AC)* TN 4070 $75.00 $305,250,00 6 Asphalt Rubber Hot Mix (ARHM)* TN 2700 $92.00 $248,400.00 7 PCC Curb Ramps SF 3100 $8,60 $26,360.00 8 PCC Sidewalk (T-4") SF 3320 $6.30 $17,596.00 9 PCC Cross Gutter SF 1910 $16.00 $30,600.00 10 PCC Driveway (T=8") SF 350 $10.50 $3,676.00 11 PCC Curb (Type A-8) LF 80 $21.00 $1,680.00 12 PCC Curb & Gutter (Type C-8) LF 10 $32,00 $320.00 13 Adjust OCSD Manhole Frame & Cover to Finish Grade EA 5 $1,800.00 $9,000.00 14 Adjust Manhole Frame & Cover to Finish Grade EA 8 $1,000.00 $8,000.00 15 Adjust Water Valve Frame & Cover to Finish Grade (S.A.) EA 10 $1,000.00 $10,000.00 16 Adjust Water Valve Frame & Cover to Fomosj Grade (G.G.) EA 17 $1,000.00 $17,000.00 17 15" Dowel bars (epoxy coated and corrosion free) EA 8 $80.00 $640.00 18 Root Shave EA 10 $260.60 $2,600.00 City of Santa Ana Page 3 Euclid St. Rehabilltatlon from Hazard Ave. to Westminster Ave. (180815), bidding on January 16, 2019 2:00 PM Printed 02/14/2019 Bid Results Type Item Code UOM qty Unit Price Line Total Comment 19 Furnish and Install New 46 Pull box EA 15 $315.00 $4,725,00 20 Temporary Constructlon Sign EA 6 $315.00 $1,890.00 21 Project advertisement sign Fes, 4 $800.00 $3,200.00 22 Furnish and Install Traffic Loops Type D t EA 22 $240.00 $5,280.00 23 Furnish and Install Traffic Loops Type E t EA 45 $210.00 $9,450.00 24 Signing and Striping LS 1 $123,000.00 $123,000.00 25 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $985,301.00 Total $985,301.00 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. TOTAL BASE BID $ 985,301.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid item(s) (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25V? limit as stated in Section 3-2 of the Standard Specifications. Theactual 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. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty j501 woekine dans 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 $1,950 per calendar day. Name of Firm R.1. MOBLE COMPANY Signature of BIDDER X Title STEVE MENDOZA, SECRETARY (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17 20A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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 1U. NOBLE COMPANY Signature of BIDDER X Title STEVE MENDOZA, SECRI1I`ARY `"' (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) I ,1 I a <::A ASPHALT PAVING - ENGINEERING CONTRACTORS LIC. A-782908 R . NOBLE COMPANY A CALIFORNIA CORP -ORATION 15505 E. LINCOLN AVENUE ORANGE, CA 92865 CORPORATE OFFICERS: MICHAEL J. CARVER, PRESIDENT CRAIG PORTER, SENIOR VICE PRESIDENT AUSTIN CARVER, VICE PRESIDENT OF OPERATIONS KASONDRA CARVER, VICE PRESIDENT OF MARKETING STEVE MENDOZA, SECRETARY JAMES N. DUCOTE, TREASURER 15505 E. LINCOLN AVE - P.O.BOX 620 - OWIGF., C�IFORNIA 92856-6620 - (714) 631-155U - t -AX CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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: RJ. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Business E• -Mail Address: $tevemendozar rinoblecompany.com Telephone: 714-637-1550 State Contractor's License No. and Class: License Expiration Date: 08-31-2020 782908 CLASS A & C-12 State Dept. of Industrial Relations (DIR) Registration No.: t000004235 State Dept, of Industrial Relations (DIR) Registration Expiration Date: Signed: X Title: STEVE MYNDOZA, SECRETARY 06.30-2019 CITY OF SANTA -ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST, REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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 R.J. NOBLE COMPANY Signature of BIDDER x Title SIEVE MENDO; (if an individual, so state) Y CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. INF39#1*41111 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: Y201* of the bid or $10,000, whichever is greater n Buildings, parks, or other projects: %z%of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions ofthe work to the firms listed below: Name NOBEST Name SMITHSON ELECTRIC License #/Exp. 359622 07/31/20 License #/Exp. 614518 0313IN9 DIR Reg.#/Exp. 1000011529 DIR Reg.#/Exp. 1000001610 Location 7600 ACACIA aVF -GARDEN GRpvE.Cltocation 1938 E. KATE. LLA AVE.. ORANGE. CA Phone 714-892-5593 Phone 714-997..9556 Type Of Work CONCRETE Type Of Work ELECTRICAL_ Amount $ $103.300.00 Amount $ $13,950.00 Name CL SURVEY License #/Exp. 8231 12131/19 DIR Reg. #/Exp. 10000 6 License # 8231 12/331119 Location 1269 POMONA RD STE 108, CORONA, CA Phone 909-484-4200 Type Of Work SURVEY Amount $ $8,000.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Name ORANGE COUNTY STRIPING License #/Exp. 346095 03/31/20 DIR Reg.#/Exp. 1000005547 License # 346095 03131/20 Location I83 N. PIXLEY; ORANGE. KCA 92868 Phone 714-6394550 Type Of Work STRIPING Amount$ 19,595.00 Is` License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Type Of Work Amount $ _ Amount $ 11 x K Signature of ffid er STEVC MENDOZA. SLCRETAR, P-9 of P-17 20A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER. AVE. 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. I CITY OF 1 tUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Name and Address of Owner. JOHN S. GRIFFIN 714-375-5011 Name and Telephone Number of person familiar with pproject. $2,522,581.07 STREET 1MPROVEMEN'TS MARCH 2017 Contract Amount Type of Work Date Completed Z. CITY OF ORANGE, 300 E. CHAPMAN AVE., ORANGE, CA 92866 Name and Address of owner. RANDY NGYUEN 714-744-5544 Name and Telephone Number ofperson familiar with project. $4,526,071.43 ANNUM.. PAVEMENT MAINTENANCE JANUARY 2018 Contract Amount Type of Work Date Completed 3. CITY OF GARDEN GROVE 1.1222 ACACIA PARKWAY, GARDEN GROVE, CA 92842 Name and Address of owner. NAVIN MARU 714-741-5000 Name and Telephone Number of person familiar with project. $1,869,570.29 STREET REHABILITATION NOVEMBER 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. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DRIVE SUITE 200, IRVINE, CA 92612 SCOTT SAI,ANDI 949-486-7917 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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. ], CITY OF TUSTIN, 300 CENTENNIAL WAY, TUSTIN, CA 92780 Name and Address of Owner. BENNY TENKEAN 714-573-3161 Name and Telephone Number of person familiar with project. $26.281,654.76 ROAD RECONSTUCTION WRIJ STURM DRAIN WRYS DECEMBER 2013 Contract Amount ___._ Type of Work Date Completed 2. CITY OF RIVERSIDE, 3900 MAIN STREET, RIVERSIDE, CA 92522 Name and Address of owner. STEVE HOWARD 951-826-5.567 Name and Telephone Number of person familiar with project. $5,872,373.05 STREET WIDENING JUNE 2017 Contract Amount Type of Work Date Completed 3. CITY OF COSTA MESA, 77 FAIR DRIVE, COSTA MESA, CA Name and Address of owner. IRINA GUROVICH 714-754-5324 Name and Telephone Number of person familiar with project. 54,119,227.00 GRIND & OVERLAY OF VARIOUS STREETS SEPTEMBER 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. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DRIVE SFE 200 IRVINE, CA 92612 SCOTT" SALANDI 949-486-7957 911733w, CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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 helshe 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 fumish 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18.6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: X f r Title: SIEVE M 'DOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 01116/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: X Title: STEVEENDOZA, SECRETARY Firm: R.7. NOBLE COMPANY Date: JANUARY 16, 2019 ro. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. 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, fart 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: x 4Y.Z& Title: STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: JANUARY 16,2019 IP F, ., l • e CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or localgovernment project because of a violation of law or a safety regulation? Yes No XXXX If the answer is yes, explain the circumstances in the following space. P M] CITY OF SANTA ANA EXHIBIT 4 CONSTRUCTION CONTRACT PROJECT 18-6915 EUCLID STREET REHABILITATION FROM HAZARD AVENUE TO WESTMINSTER AVENUE PROJECT This CONSTRUCTION CONTRACT is made and entered into this 191h day of March, 2019 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 R.J. Noble Company (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 Euclid Street Rehabilitation From Hazard Avenue To Westminster Avenue 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 Constriction 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 Nine Hundred Eighty -Five Thousand Three Hundred One Dollars and No Cents ($985,301.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev, 09/01/2017 20A-31 Page 1 of 3 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 amormt of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing constntction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. 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 IMPROVEMENT as more frilly described in the CWA. The CWA may be found on the City's website at: httn://www.santa-ana.ora/nwa/documents/CWA.odf 7. 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. // 20A-32 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: MHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: R.J. Noble Company NAME: TITLE: 20A-33 Page 3 of 3 20A-34 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6915: Euclid Street Rehabilitation from Hazard Avenue to Westminster Avenue Construction Contract $ 985,301.00 Contract Administration $ 47,500.00 Inspection and Testing $ 54,216.70 Design Engineering $ 23,344.30 Contingencies $ 98,530.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,208,892.00 EXHIBIT 5 20A-35 20A-36