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Home My WebLink About23A - PROJ - BRISTOL ST REHABREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE: APPROVE A BUDGET REALLOCATION AND AWARD A CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY IN THE AMOUNT OF $615,550, FOR THE BRISTOL STREET REHABILITATION FROM 17TH STREET TO SANTA CLARA AVENUE PROJECT ESTIMATED PROJECT COST: $769,438 (PROJECT NO. 18-6909) {STRATEGIC PLAN NOS. 6, 1C & 1G) /s/ Kristine Ridae CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For 10101kqIIIto] ADire] FILE NUMBER 1. Authorize the reallocation of $75,438 in unspent Transportation System Improvement Area F Funds carried over from FY 18 & 19, from Bristol Street Widening from Washington Avenue to 17th Street Project (Project No. 11-6740) to the Bristol Street Rehabilitation from 17th Street to Santa Clara Avenue Project (Project No. 18-6909). 2. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $615,550, for construction of the Bristol Street Rehabilitation from 17th Street to Santa Clara Avenue Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $769,438, which includes $615,550 for the construction contract; $92,333 for contract administration, inspection and testing; and a $61,555 project contingency (approximately 10% of the construction contract amount), paid with Measure M2 Local Fairshare and Transportation System Improvement Area F Funds. 23A-1 Award Contract to R.J. Noble Company for Bristol Street Rehabilitation from 17th Street to Santa Clara Avenue Project October 1, 2019 Page 2 DISCUSSION The City's Pavement Management Program identified Bristol Street from 17th Street to Santa Clara Avenue as a high priority for street rehabilitation (Exhibit 1). Based on the adopted Pavement Management Program, the pavement has deteriorated due to weather, age, wear -and -tear from heavy usage vehicles. The improvements included the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curb, gutters, sidewalks, 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 Disability standards. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 21 and 28 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on July 9, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 201 vendors, including 8 located in the City of Santa Ana, were notified of the project via PlanetBids. 32 vendors requested bidding documents and 5 bids were received. None of the bids received were from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 R.J. Noble Company Orange $615,550 2 All American Asphalt Corona $660,660 3 Hardy & Harper, Inc. Lake Forest $673,244 4 Excel Paving Co Long Beach $691,436 5 EBS GENERAL ENGINEERING INC Corona $937,388 All five bids were responsive and R.J. Noble Company submitted the lowest responsive bid, in the amount of $615,550 (Exhibit 2). 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 bid (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes 23A-2 Award Contract to R.J. Noble Company for Bristol Street Rehabilitation from 17th Street to Santa Clara Avenue Project October 1, 2019 Page 3 construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $769,438. Purpose Cost Construction Contract $615,550 Construction Administration, Inspection, and Testing $92,333 Contingencies $61,555 ESTIMATED CONSTRUCTION DELIVERY COST $769,438 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. 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 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-53 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $769,438, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted to deliver construction of this project: 23A-3 Award Contract to R.J. Noble Company for Bristol Street Rehabilitation from 17th Street to Santa Clara Avenue Project October 1, 2019 Page 4 Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account # Account Description FY 2019-20 03217662-66220 Measure M-Street Measure M2 Local Fairshare, Improvement $694,000 July -June (Proj. 18-6909) Construction Other Than Building New Transportation New Transportation FY 2019-20 03517660-66220 System System Improvement $75,438 July -June (Proj. 18-6909) Improvement Area F Area F, Improvement Other Than Building Total $769,438 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23A-4 Exhibit 1 SANTA ANA Project No. 18-6909: P�� BRISTOL STREET REHABILITATION �J FROM 17TH STREET TO SANTA CLARA PUBLICWRKSMENff AV E N U E 23A-5 City of Santa Ana Bristol Street Rehabilitation from 17th St to Santa Clara Ave (18-6909), bidding on July 9, 2019 2:00 PM (Pacific) Bid Results Bidder Details Vendor Name R.J. Noble Company Address 15505 E. Lincoln Ave Orange, CA 92865 United States Respondee Jennifer De longh Respondee Title Contract Administrator Phone 714-637-1550 Ext. 311 Email stevemendoza@rjnoblecompany.com Vendor Type License # 782908 CA DIR Bid Detail Bid Format Electronic Submitted July 9, 2019 1:48:14 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 184041 Ranking 0 Respondee Comment Buyer Comment Attachments File Title 18-6909 Bristol General coos Ownership Affidavit Bristol Bristol Bid Bond non collusion affidavit Line Items File Name 18-6909 Bristol Rehab General docs07092019134522.pdf 18-6909 Bristol Ownership Affidavit 7-9- 1907092019104340.pdf 18-6909 Bristol bid bond 7-9-1907092019104631.pdf 18-6909 Bristol Non Collusion Affidavit 7-9- 1907092019104747.pdf Type Item Code uoM City Base Bid Items 1 Unclassified Excavation CY 230 2 AC Pavement Unit Price Page 1 Printed 08126/2019 EXHIBIT 2 File Type General Attachments Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Total Comment $125.00 $28,750.00 TN 900 $85.00 $76,500.00 Pl23 tea I_8 _.._ City of Santa Ana Page 2 Bristol Street Rehabilitation from 17th St to Santa Clara Ave (18-6909), bidding on July 9, 2019 2:00 PM (Pacific) Printed 08/26/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 3 Cold Mill (2") SF 8600 $0.35 $3,010.00 4 Cold Mill (3") SF 114000 $0.25 $28,500.00 5 Asphalt Rubber Hot Mix (ARHM) TN 1400 $85.00 $119,000.00 6 Asphalt Rubber Aggregate Membrane (ARAM) SY 13800 $7.50 $103,500.00 7 FCC Sidewalk (4") SF 600 $6.40 $3,840.00 8 PCC Curb Ramp SF 4100 $11.50 $47,150.00 9 PCC Curb and Gutter (Type A-2-8) SF 100 $38.00 $3,800.00 _ 10 Cross -Gutter (Arterial Street) _ LF 2200 $11.50 $25,300.00 11 Concrete Bus Pad SF 1100 $15.00 $16,500.00 -- - _ - 12--- Adjust Water Valve Frame and Cover to Finished Grade SF 10 $1,000.00 $10,000.00 13 Adjust Sewer and Drainage Manhole to Finished Grade EA 7 $1,000.00 $7,000.00 14 Furnish and Install #6 Pullbox EA 12 $700.00 $8,400.00 15 Adjust Survey Monument to Finished Grade EA 3 $1,000.00 $3,000.00 16 Furnish and Install Traffic Loops Dt EA 12 $240.00 $2,880.00 17 Furnish and Install Traffic Loops Et EA 31 $220.00 $6,820.00 18 Construction Sign EA 2 $800.00 $1,600.00 City of Santa Ana Page 3 Bristol Street Rehabilitation from 17th St to Santa Clara Ave (18-6909), bidding on July 9, 2019 2:00 PM (Pacific) Printed 08126/2019 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 19 Signing and Striping LS 1 $105,000.00 $105,000.00 20 Labor Agreement Oversight LS 1 $15,000.00 $15,000.00 Subtotal $615,550.00 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 21 * = The quantity for this bid Item Is shown for bid comparison only. This bid Item shall not be subject to the "25W limit as stated In Section 3-2 of the Standard Specifications. 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 quantitiy used, and the Agency reserves the right to increase or decrease the quantity of this Item accordingly. as 0 0 0 22 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. as o a 0 Subtotal 0 Total $615,550.00 Pl�ji�iciii, I_t$ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TM ST TO SANTA CLARA AVE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY 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 1 Unclassified Excavation 230 CY S S 125.00 1-8 750.00 2 AC Pavement 900 TN S $ 85.00 76,500.00 3 Cold Mill (2") 8,600 SF $ S 0.35 3,010.00 4 Cold Mill (3") 114,000 SF S S 0.25 2&500.00 5 Asphalt Rubber Hot Mix (ARHM) 1,400 TN S S 85.00 119,000.00 6 Asphalt Rubber Aggregate Membrane 13,900 SY $ E (ARAM) 7.50 103,500.00 7 PCC Sidewalk (4") 600 SF S $ 6.40 3,840.00 8 PCC Curb Ramp 4,100 SF S $ 11.50 47,150.00 9 PCC Curb and Gutter (Type A-2-8) 100 LF $ E 38.00 3,800.00 10 Cross -Gutter (Arterial Street) 2,200 SF $ S 11.50 25,300.00 11 Concrete Bus Pad 1,100 SF $ S 15.00 16,500.00 12 Adjust Water Valve Frame and Cover to 10 EA $ S Finished Grade 1,000.00 10,000.00 13 AdjustSewer and DrainageManhole to 7 EA $ $ Finished Grade Furnish and Install #6 Pullbox 1,000.00 7,000.00 14 12 EA $ $ 700.00 8,400.00 P-1 of P-16 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA AVE Item Description Qty Unit Unit Price Amount I5 Adjust Survey Monument to Finished 3 EA S $ Grade I.000.00 3.000.00 16 Furnish and Install Traffic Loops D t 12 EA S S 240.00 2,880.00 17 Fumish and Install Traffic Loops E t 31 EA $ $ 1_20.00 6,820.00 18 Construction Sign 2 EA $ S 800.00 I,600.00 19 Signing and Striping 1 LS $ S 105,0000 105.000.00 20 Labor Agreement Oversight I LS $ 15,000 S 15,000 TOTAL BASE BID 1 S 615.550.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f 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 number 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 $2,000 per calendar day. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER x Tide STEVE MENDOZA. SFCR TARP (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA 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 R.J. NOBLE 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.) PLEASE SEE ATTACHED P-3 of P-16 23A-11 I ASPHALT PAVING • ENGINEERING CONTRACTORS LIC. A-782908 R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 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 GONZALEZ, VICE PRESIDENT OF MARKETING STEVE MENDOZA, SECRETARY JAMES N. DUCOTE, TREASURER JACOB BREEDLOVE, ASSISTANT SECRETARY ORANGE: 15505 E. LINCOLN AVE • P.O.BOX 620. OPEC ll fRNIA 92856-6620 • (714) 637-1550 • FAX (714) 921-3347 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17Tn ST TO SANTA CLARA 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: R.J. NOBLE COMPANY Business Address: 15505 E. LBVCOLN AVENUE, ORANGE, CA 92865 Business E-Mail Address: stevemendoza@rjnoblecompany.com Telephone: 714-637-1550 State Contractor's License No. and Class: 782908 CLASS A & C- 12 License Expiration Date: 08/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: 1o00ooa235 State Dept. of Industrial Relations (DIR) 06/30/2022 Registration Expiration Date: Signed: Title: STEVE SECRETARY P-4 of P-16 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA 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 STEVE MENDOZA, SECRETARY (if an individual, so state) P-5 of P-16 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TH ST TO SANTA CLARA AVE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) STEVE MENDOZA being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. (:3CORPORATION That he is of. SECRETARY OF R.J. NOBLE COMPANY a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of., one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. X a' Signature =%Bidder STEVE MENDOZA, SECRETARY Subscribed and sw ptt : ore me this 9TH day of JULY 2019 X Signature of office,( Administering Oath (Notary Public) J. DE IONGH I) J. DE IONGH + Commission # 21 sc04 Notary Public Cahrainia i�e�i Orange County My Comm. Expires Oct 28, 20" P-6 of P-16 23A-15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TH ST TO SANTA CLARA AVE KNOW ALL PRESENT that, R.I. NOBLF?. COMPANY , as BIDDER, and Western Surety Company _, as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of — ten percent of amount bid----------- Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 24th day of June 2019 R. J. NOBLE COMPANY, 15505 E. Lincoln Avenue, Orange, Ca 92865 714-637-1550 BIDDER* SECRET SURETY* Western Surety-Company,.2020 Main Street, Suite 750, Irvine, CA 92614 949-486-7917 Subscribed and sworn to before me ,20_ Signature: Attorney -in -fact Notary Public in and for the County of ___ , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23A-16 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document. State of California i County of ORAN(,F 1} On 06/25/19 before me, J. DE IONGH, NOTARY PUBLIC Date ere Insert Name and Title oft the Officer STEVEMENDOZA personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/" subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hi;merin;vir authorized capacity(ies), and that by his/her4hair signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. .! DE IONGH ion 2! �n Place Notary Seal ondror Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General O Individual O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: [ - elrisB97srta@I�aBBBIPiIs) C2018 National Notary Association 23A-17 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 Orange ) On JUN 2 4 2019 before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Nec subscribed to the within instrument and acknowledged to me that he/ow" executed the same in hIS/ke1 *9k authorized capacity(i*, and that by his/harftek signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Seal. MICHELE A. FEDDRUK Hutary Public - California Orange County $_ Commission A 22JE0<2 My Comm. Expires Apr 14, 2022 Signature (Seal) IF 23A-18 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know AIL Men By Thew Presents, That WESTERN SURETY COMPANY, a South Dakota carporstian, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Anorncy(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby u fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Altoruey, pursuant to the authority hereby given, are hereby ratified and confumed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Wher f, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of June, 2015. yraarr.e WESTERN SURETY COMPANY �owFo�o Oran �XPaul T. Bruflat. Vice President State of South Dakota ss County of Minnehahe On this Min day of June, 2015, before me personally came Paul T. Bmfbu, to me known, who, being by me duly mom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires S. EICH February 12, 2C21 •� NOTARY PUBLIC 1 %� _ -IrSl SOOTM DAKOfA�I �VV` jr,�Y'�f S. Eich, Notary Public CERTIFICATE I, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -taw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the scal of the said corporation this _ day of J U N 2 4 2019. eTy WESTERN SURETY COMPANY £Reif ` r s£Pv od Tr L. Nelson. Assistant Secretary Form P4280-7-2012 23A-19 Ait9hacldn9 By -Law ADOPTED BY THE SHAREHOLDERS -OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursnmrt fo and by authority of the following By-law duly adopted by 1he shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shell be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President,'or by such other officers; as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys m Fact or agents who shall have authority to issue bonds, policies, or undertakings m the name of the Company. The corporate seat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TH ST TO SANTA CLARA AVE 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: ''/a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: V2"/a 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 AMERICAN PAVEMENT SYSTEMS Name CL SURVEY License #/Exp. 943792 02/29!2020License #/Exp. 8231 NO EXP DIR Reg.#/Exp. 1000000207 06/30/22 DIR Reg.#/Exp. 1000007166 6/30/20 Location 1012 1 ITH ST STE 1000, MODESTO, CA 95354 Location 1269 POMONA RD STE 1087, CORONA, CA 92882 Phone 209-522-2277 Phone 909-484-4200 Type Of Work ARAM Type Of Work SURVEY Amount $ $99,912.00 Amount $ $7,500.00 Name NOBESTINC Name SMITHSON ELECTRIC License #/Exp. 359622 07131/20 License #/Exp. 614518 03/31/21 DIR Reg.#/Exp. 1000011529 6/30/20 DIR Reg.#/Exp. 1000001610 06/30/20 License # 359622 License # 614518 Location 7600 ACACIA AVE.. GARDEN GROVE, CA 92841 Location 1938 E. KATELLA AVE., ORANGE, CA 92867 Phone 714-892-5583 Phone 77T- Type Of Work CONCRETE Type Of Work LOOPS Amount $ $126,300.00 Amount $ $9,115.00 Name SUPERIOR PAVEMENT Name License #/Exp. License #/Exp. DIR Reg. #/Exp. D[R Reg. #/Exp. License # 776306 License # Location 5312 CYPRES ST., CYPRESS, CA 90630 Location Phone 714-995-9100 Phone Type Of Work STRIPING Type Of Work Amount $ $24,388.00 Amount $ X Signature Bid r STEVE MENDOZA. SECRETARY P-8 of P-16 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM If" ST TO SANTA CLARA AVE The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 CITY OF LAKE FOREST, 25550 COMMERCENTRE DRIVE STE. 100, LAKE FOREST, CA 92630 Name and Address of Owner. DOUG ERDMAN 949-282-5233 Name and Telephone Number of person familiar with project. $1,443,200.00 RESURFACING PROJECT Contract Amount Type of Work 2. CITY OF RIVERSIDE, 3900 MAIN STREET, RIVERSIDE, CA 92522 Name and Address of owner. STEVE HOWARD 951-826-5567 0812017 Date Completed Name and Telephone Number of person familiar with project. $5,872,373.05 STREET WIDENING 062017 Contract Amount Type of Work Date Completed 3 CITY OF TUSTIN, 300 CENTENNIAL WAY, TUSTIN, CA Name and Address of owner. EDDY JAN 714-573-3157 Name and Telephone Number of person familiar with project. $1,629,018.86 STREET REHABILITATION Contract Amount Type of Work 10/2018 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 AND INSURANCE SERVICES 2415 CAMPUS DR SUITE 200, IRVINE, CA 92612 SCOTT SALANDI 949-486-7917 LAURIE SYLVESTER 949-486-7900 P-9 of P-16 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TM ST TO SANTA CLARA 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 TUSIN, 300 CENTENNIAL WAY, TUSTIN, CA 92780 Name and Address of Owner. BENNY TENKE.AN 714-573-3161 Name and Telephone Number of person familiar with project. $22.6 MILLION TUSTIN RANCH ROAD RECONSTRUCTION 04/2014 Contract Amount Type of Work Date Completed 2, CITY OF ORANGE, 300 E. CHAPMAN AVE., ORANGE, CA 92866 Name and Address of owner. ALANTRUONG 714-744-5573 Name and Telephone Number of person familiar with project. $1,559,443.59 ROAD REHABILITATION 03/2014 Contract Amount Type of Work Date Completed 3 CITY OF MISSION VIEJO, 200 CIVIC CENTER DRIVE, MISSION VIEJO, CA 92691 Name and Address of owner. JOE AMES 949-470-8419 Name and Telephone Number of person familiar with project. $1,504,975.00 PAVEMENT REHABILITATION 08/2013 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 AND INSURANCE SERVICES 2415 CAMPUS DR. SUITE 200, IRVINE, CA 92612 SCOTT SALANDI 949-486-7917 BONDS LAURIE SLYVESTER 949-486-7900 INSURANCE P-10 of P-16 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17Tx ST TO SANTA CLARA AVE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed X State of California" County of ORANGE Subscribed and sworn to (or affirmed) before me on this 9TH day of JULY 2019 by STEVE MENDOZA , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me x Notary Public Si n• t e Notary Public Seal I. DE IONGH -y J.OEIONGH s ?, Commission # 21 Notary Pu0hc Cali9oi nit Ora,iBe Coulty My Comm. Expires Oct 28. 20119 P-11 ofP-16 23A-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TH ST TO SANTA CLARA AVE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 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. P-12 of P-16 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA 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 Title: STEVE MdNDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 07/09/2019 P-13 of P-16 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA 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: 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: STENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 07/09/2019 P-14 of P-16 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17T" ST TO SANTA CLARA 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, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: X Title: STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 07/09/2019 P-15 of P-16 23A-28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6909 BRISTOL REHABILITATION FROM 17TH ST TO SANTA CLARA AVE 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 If the answer is yes, explain the circumstances in the following space. P-16ofP-16 23A-29 DESIGNATION/CERTIFICATION OF ASPHALT -RUBBER BINDER APPLICATOR(S) BIDDER proposes to have Asphalt -Rubber BINDER for ARAM (application) applied by: American Pavement Systems 1012 11th Street Suite 1000 Modesto, CA 95354 Name/Address This section shall be completed even if the bidder plans to apply Asphalt -Rubber binder with its own equipment and labor forces. Name above must be the actual company applying the Asphalt -Rubber binder on the roadway. Bidder shall attach to this form copies of all required local air pollution control district or air quality management district final permit to operate (PTO) documents (not temporary, experimental, research, and/or authority to construct (ATC)) which allow the operation of the specific equipment to be used to control emissions during the application of Asphalt -Rubber binder on the roadway (the Application). The Application, in a manner conforming with these project specifications, has been indisputably determined to be in non-compliance with California air quality regulations limiting opacity of emissions, unless a permitted emission control device is used during the Application to directly remove emissions occurring during the Application. It is for that device, which may be described as an air filter, custom air pollution control system, portable air pollution control, opacity control unit, emission control unit consisting of collection hood and 3-stage oil mist filter system, or other similar description for which a copy of a final PTO must be provided from the local air pollution control district or air quality management district. If the bidder fails to fully complete this portion of the bid and provide the foregoing documentation, the bid is non -responsive and shall be rejected. CERTIFICATION UNDER PENALTY OF PERJURY I certify under penalty of perjury under the laws of the State of California that I have read and understand the requirements contained in this form. I further certify that all information provided in response to this form is true and accurate to the best of my knowledge and belief. David Pimley, Chip Seal Division Print Name, Title Signature of Bidder 7/3/2019 Uate 23A-30 9,2011 DESIGNATION/CERTIFICATION OF ASPHALT -RUBBER AND AGGREGATE MEMBRANE CONTRACTOR AND/OR SUBCONTRACTOR(S) Bidder proposes to have the ARAM installed by: American Pavement Systems 1012 11th Street Suite 1000 Modesto, CA 95354 This section shall be completed even if the apparent low bidder plans to produce and install ARAM with its own forces. Name of Contractor and/or Subcontractor(s) shall be the actual company(ies) applying the binder and aggregate. For any bid to be considered responsive, performance criteria must be demonstrated on five separate projects performed by the same contractor or subcontractor(s) designated above, and with equivalent aggregate and binder proposed for the ARAM in this bid. Two years shall have elapsed since completion of the ARAM surface on each project and the projects shall be located in Southern California. To be considered a valid representative project, bidder must submit the name of the project, owner agency, agency representative's name and phone number, and a list of streets with limits totaling at least 1 mile (based on full width) in length for each project and the date the project was actually performed. A project will be considered a valid representative project if an asphalt emulsion spray application was originally placed with or without an application of sand, within 15 calendar days of the application of ARAM. Any other cover coat or course on the ARAM will cause the ARAM to be considered invalid as a representative project. ARAM on all projects must show insignificant raveling (loss of rock) and insignificant flushing (binder migration to the surface) at time of inspection by the Agency. Bidder shall verify any proposed representative projects prior to listing a subcontractor with such projects, or the bid will be considered non -responsive. If the Bidder cannot list in the space provided five projects that meet the criteria specified herein that were performed by the proposed ARAM contractor or subcontractor(s), the bid shall be considered non -responsive. 23A-31 Representative ARAM Projects Name of Project No. 1 Caltrans 11-2M4404 - Route 111 Agency Caltrans Date Completed 2015 Agency contact Daniel Hernandez Phone 760-355-8666 Approx. Length of ARAM (Full width) 2.4 miles Name of Project No. 2 Caltrans 11-2M7804 -Route 8 Date Completed 2016 Agency Caltrans Agency contact Daniel Hernandez Phone 760-355-8666 Approx. Length of ARAM (Full width) 12.9 miles Name of Project No. 3 Caltrans 11-2M6504 - Route 86 Dace Completed 2016 Agency Caltrans Agency Contact Daniel Hernandez Phone 760-355-8666 Approx. Length of ARAM (Full width) 24 7 miles Name of Project No.4 Caltrans 11-2M8604 - Route 78 Date Completed 2016 Agency Caltrans Agency Contact Daniel Hernandez Phone 760-355-8666 Approx. Length of ARAM (Full width) 30.7 miles Name of Project No. s Caltrans 11-2M9604 - Route 78 Agency Caltrans Date Completed 2017 Agency contact Daniel Hernandez Phone 760-355-8666 Approx. Length of ARAM (Full width) 26.7 miles 7Dav ced 66yr� Chip Seal Division Manager 7/3/2019 Signature of Bidder Title i END OF CONTRACTOR'S CERTIFICATION OF QUALIFICATION 23A-32 South Coast Air Quality Management District • , 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.agmd.gov EQUIPMENT LOCATED AT: VARIOUS LOCATIONS IN SCAQMD CORONA,CA 92979 LEGAL OWNER CO. ID: 173474 OR OPERATOR AMERICAN PAVEMENT SYSTEMS, INC. 1012 11TH ST SUITE 1000 a MODESTO,CA,95354 PERMIT/APPLICATION RENEWAL PERMIT/ EQUIPMENT DESCRIPTION APPL NBR BILLING YEAR: 2018 G24559 Asphalt -Rubber Spraying G24560 Asphalt -Rubber Spraying G41967 ASPHALT BLENDING G41968 HEATER/FURNACE (<5 MMBTU/HR) GAS -LPG DATE: 07/17/2018 NEXT RENEWAL DATE 07/16/2019 07/16/2019 07/16/2019 07/16/2019 23A-33 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Page I 21865 Copley Drive, Diamond Bar. CA 91765 Permit %o Flb G 24;D evi PERMIT TO OPERATE .y 54W2 -- — This initial permitmust be reneged ANNUALLY unless the equipment is maven, or changes ox%wrship. If the billing for the annual rcnewal fee (Rule 301,I7), is not received by the expiration date, contact the Distinct. Legal OSsner or Operator: Equipment Location Equipment Description: AMERICAN PAVEMENT SYSTEMS, INC. 1012 I ITH ST. SUITE. 1000 MODESTO. CA 95354 VARIOUS LOCATIONS IN SCAQMD PORTABLE RUBBERIZED ASPHALT SPREADER NO 2 CONSISTING OF: ID 173474 HOLDING TANK, RUBBERIZED ASPHALT- BINDER, 3,100 GALLON CAPACITY. WITH THREE TURBINE MIXERS, 20 H.P. EACH. A HYDRAULIC METERING PLRN/P, 20 H.P., AND TWO PROPANE FIRED RANSOME BURNERS, MODEL B4. 800.000 BTU PER HOUR TOTAL. 2. RUBBERIZED ASPHALT BINDER SPRAY BAR, I2'-0" W ASPHALT SPREADER FILTRATION ENCLOSURE, 9%0" W. X 7'-0" L. X 6'-0" FL, WI IH 24 FILTER CARTRIDGES, EACH 2'-0'* W. X 2'-0" L. X 0'-4" D., AND 12 FILTER CARTRIDGES. EACH 2'-0" W X 2'-0" L. X 1'-0" D., 3,000 SQ, FT TOTAL FILTER AREA, TWO IS -HP TUBE.AXIAL FANS, AND A CAPTURE HOOD, 8' 0" W. X 0'-10" L. Conditions; 1. OPERATION OF THIS EQUIPMENT SHALL BE CONDUCTED IN ACCORDANCE WITH ALL DATA AND SPECIFICATIONS SUBMITTED WITH THE APPLICATION UNDER WHICH THIS PFRMI I IS ISSUED UNLESS OTHERWISE NOTED BELOW. 2. 1 HIS EQUIPMENT SHALL BE PROPERLY MAINTAINED AND KEPT IN GOOD OPERA I IAG CONDITION AT Ali. TIMES. ;. IHIS EQUIPMENT SHALL BE OPERATED tN A MANNER TO MINIMIZE. EMISSIONS INTO THE ATMOSPHERE 1'0 LHE MAXIMUM EXTENT POSSIBLE. 4. THE APPLICATION TEMPERAILTRI- t d fill. RUBBERIZED ASPHALT BINDER SHALL NOT EXCEED 400 DEGREES FAHRE.NHEIT. COMPLIANCE W I ILI THIS CONDITION MAY BE DEMONST'RAT ED BY MONITORING THE TEMPFRA I URE OITHE RUBBERIZED ASPHALT IN TTIE HOLDING TANK OR AT THE METERING PUMP. 5. 1HE OPERATOR SMALL INS ALL AND MAINTAIN A TEMPERATCRE %lom rORING DEVICE TO DEMONSTRATE COMPLIANCE WITH THE TEMPERATURE LIMIT IN CONDITION NO, 4. 0Itl(J\AL 23A-34 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 Copley Drive, Diamond Bar, CA 91765 PERMIT TO OPERATE Pq, 2 Pamir "II. 62J5$7 6 THE AMOUNT OF RUBBERIZED ASPHALT BINDER PROCESSED BY THIS EQUIPMENT SHALL NOT EXCEED 125 TONS IN ANYONE OPERATING DAY 7 THE AMOUNT OF PROPANE USED TO FIRE THE BURNERS IN T HIS EQUIPMENT SHALL NOT EXCEED 5,080 GALLONS IN ANY ONE CALENDAR MONTH PURCHASE RECORDS SHALL BE USED TO DEMONSTRATE COMPLIANCE WITH THIS CONDITION. 8 THE HOLDING TANK COVER(S) SHALL REMAIN CLOSED FOR ALL OPERATIONS EXCEPT DURING CHARGING 9 1"HE OPERATOR SHALL CEASE OPERA] 10\ OF THIS EQUIPMENT IF THE VISIBLE EMISSIONS EXCEED THE LIMIT IN RULE 401. 10. A MECHANICAL GAUGE SHALL BE INSTALLED AND MAINTAINED TO INDICATE. IN INCHES OF WATER COLUMN, THE STATIC PRESSURE DIITERENIIAL ACROSS THE. FILTER CARTRIDGES. IL WHENEVER THIS EQUIPMENT IS IN OPERATION. T HE STATIC PRESSURE DIFFERENTIAL ACROSS THE FILTER CARTRIDGES SHALT. NOT EXCEED 3A INCITES OF WATER COLUMN. 12. RECORDS SHALL BE MAINTAINED TO DEMONS] R.A IL C(AlPLIANCE WITH TIIE ABOVE PERMIT CONDITIONS THE RECORDS SHALL. BE KEPT IN THE ASPHALT SPREADER VEHICLE FOR .AT LEAST THE LAST TWO YEARS AND SHALL BE MADE AVAILABLE TO DISTRICT PERSONNEL UPON REQUEST. 13. UPON THE FIFTH DAY AFTER PLACEMENT OF THIS EQUIPMENT IN1'0OPERATION AT A SITE. THE DISTRIC-T SHALL. BE NOTIFIED VIA TELEPHONE AT 1.877-810-6995 OF THE EXACT NATURE OF 1HE PROJECT AS FOLLOWS: A THE PERMIT NUMBER OF THE. PORTABLE EQUIPMENT-. B. 'I HE NAME. AND PHONE NUMBER OF A CONTACT PERSON, C. TNLLOCAHONWHERE IHEPORIAB[ LFQIIIPMFNTISOPERATED. D THE ESTIMATED I IMF. I"HE PORTABLE EQUIPMENTWILL BE LOCATED AT TIIE SITE, E. DESCRIPTION OF THE PROJECI, AND 1'. IF LOCATED W'11HIN LESS THAN I/4 MILE OP THE NEAREST SENSITIVE RECEPTOR DEFINED AS I OSG TERM HEALIH CARE FACILITIES, REHABILI I Al ION CENTERS, CONVAI 1 ,i I I I I I I RS, RETIREMENT HOMES, RESIDENCES, SCHOOLS. PI A1'ciRo t 1. fti 1 1 ill ICC ARE CENTERS,AND ATHLETIC FACILI"TIES. ORIGINAL 23A-35 ff-j-- SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 Copley Drive. Diamond Bar, CA 91765 PERMIT TO OPERATE NOTICE YaEe 3 Prrmil An. G:J35Y IN ACCORDANCE WITH RULE 206. THIS PERMIT TO OPERATE OR COPY SHALL BE POSTED ON OR WITHIN & METERS OF THE EQUIPMENT. THIS PERMIT DOES NOT AUTHORIZE THE EMISSION OF AIR CONTAMINANTS IN EXCESS OF THOSE ALLOWED BY DIVISION 26 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA OR THE RULES OF THE AIR QUALITY MANAGEMENT DISTRICT. THIS PERMIT CANNOT BE CONSIDERED AS PERMISSION TO VIOLATE EXISTING LAWS, ORDINANCES, REGULATION'S OR STATUTES OF OTHER GOVERNMENT AGENCIES. EXECUTIVE OFFICER By Dorris M.Bailey%MP03 5,2312013 ORIGINAL 23A-36 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Page I Lh-1 2I865 Copley Drive, Diamond Bar, CA 91765 Permh So. Gz4W PERMIT TO OPERATE AA-gwt rhis initial permit must be renewed ANNUALLY unless the equipment is moved, or changes ownership. If the billing for the annual renewal fee (Rule 301.0 is not received by the expiration date. contact the District. ID 173474 Legal Owner or Operator. Equipment Location: Equipment Description: AMERICAN PAVEMENT SYSTEMS, INC 1012 11 TH ST. SUITE 1000 MODESTO, CA 95354 VARIOUS LOCATIONS IN SCAQMD PORTABLE RUBBERIZED ASPHALT SPREADER NO. I CONSISTING OF: HOLDING TANK, RUBBERIZED ASPHALT BINDER, 3.100 GALLON CAPACITY, WITH THREE TURBINE MIXERS, 20 H.P. EACH, A HYDRAULIC METERING PUMP, 20 H.P., AND TWO PROPANE FIRED RANSONfE BURNERS. MODEL B4, 800,000 BTU PER HOUR TOTAL. 2. RUBBERIZED ASPHALT BINDER SPRAY BAR 12'-0" W. 3. ASPHALT SPREADER FILTRATION ENCLOSURE, 8'-0" W. X 7-0" L. X 6'-0" H- WITH 24 FILTER CARTRIDGES, EACH 2'-0" W. X 2'.0" L. X 0'-4" D., AND 12 FILTER CARTRIDGES. EACH 2'-0" W. X 2'-0" L. X V-0" D., 3,000 % FT. TOTAL FILI"ER AREA. TWO 15-II.P. TUBEAXIAL FANS, AND A CAPTURE HOOD, 8'-0" W. X 0'-10" L Conditions: 1. OPERATION OF THIS EQUIPMENT SHALL BE CONDUCTED IN ACCORDANCE WITH ALL DATA AND SPECIFICATIONS SUBMITTED WITH THE APPLICATION UNDER WHICH THIS PERMIT IS ISSUED UNLESS OTHERWISE NOTED BELOW. 2. THIS EQUIPMENT SHALL BE PROPERLY MAINTAINED AND KEPT IN GOOD OPERATING CONDITION AT ALL TIMES. 3. THIS EQUIPMEN"I SHALL BE OPERATED IN A MANNER TO MINIMIZE EMISSIONS INTO THE ATMOSPHERE TO THE MAXIMUM EXTENT POSSIBLE. 4. THE APPLICATION IFMPFR.ATTJRF. OF TILE RUBBERIZED ASPHALT BINDER SHALL NOT EXCEED 400 DEGREES FAHRENHEIT. COMPLIANCE WI"IH THIS CONDITION MAY BE DEMONSTRATED BY MONITORING THE TEMPERATURE OF THE RUBBERIZED ASPHALT IN THE HOLDING I ANK OR AT THE METERING PUMP. 5 THE OPERATOR SHALL INSTALL AND MAINTAIN A TEMPERATURE MONITORING DEVICE TO DEMONSTRATE COMPLIANCE WITH THE TEMPERATURE LIMIT IN CONDITION NO. 4. ORIGINAL 23A-37 _ ___ SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 Copley Drive Diamond Bar. CA 91765 PERMIT TO OPERATE Pagr 1 Pamir GW6u A.N 5-46W 6 1HE AMOUNT OF RUBBERIZED ASPHALT BINDER PROCESSED BY THIS EQUIPMENT SHALL NOT EXCEED 125 TONS IN ANY ONE OPERATING DAY. 7. THE AMOUNT OF PROPANE USED TO FIRE THE BURNERS IN THIS EQUIPMENT SHALL NOT EXCEED 5.080 GALLONS IN ANY ONE CALENDAR MONTH. PURCHASE- RECORDS SHALL BE USED TO DEMONSTRATE COMPLIANCE WITH'rHIS CONDITION. 8. THE HOLDING TANK COVER(S) SHALL. REMAIN CI OSED FOR ALL OPERAI IONS EXCEPT DURING CHARGING. 9. THE OPERATOR SHALL CEASE OPERATION OF THIS EQUIPMENT IF THE VISIBLE EMISSIONS EXCEED THE LIMIT IN RULE 401 10 A MECHANICAL GAUGE SHALL. BE INS I AI I 1 D AND MAINTAINED TO INDICATE, IN INCHES OF WATER COLUMN, THE STATIC PRESSURE DIFf'LRENTIAL ACROSS TILE FILTER CARTRIDGES, IL WHENEVER THIS EQUIPMENT IS IN OPERATION, THE STATIC PRESSURE DIFFERENTIAL ACROSS THE FILTER CARTRIDGES SHALT. NOT EXCEED 3.1 INCHES OF WATER COLUMN. 12. RECORDS SHALL BE MAINTAINED TO DEMONSTRATE COMPLIANCE WITH THE ABOVE PERMIT" CONDITIONS. THE RECORDS SHALL BE KEPI IN THE ASPHALT SPREADER VEHICLE FOR AT LEAST THE LAST TWO YEARS AND SHALL BE MADE AVAILABLE TO DISTRICT PERSONNEL UPON REQUEST. 1? UPON THE FIFTH DAY AFTER PLACEMENT OF' THIS EQUIPMENT INTOOPF.R.ATI0, AT .A SITE, THE DISI RICT SHALL BE NOTIFIED VIA TELEPIIONE AT 1-877-810.6995 Or THE EXACT NAI URL OF THE PROJECT AS FOLLOWS: A, TILE PERMIT NUMBER OF 1III: PORTABLE EQUIPMENT, B. 1-HE NAME AND PHONE NUMBER OF A CONI ACT PERSON. C. I'HF LOCAT ION WHERE THE PORTABLE EQUIPMENT IS OPERATED, D. THE ESTIMATED'[ IMF. THE PORT ABLE EQUIPMENT WILL BE LOCATED AT THE SITE. L DFSCRIPTION OF THE PROJECI..AND F. IF LOCATED WITHIN LFSS THAN 14 MILE OF I1IL NLARLS I- SENSI I IVE REC'I:PIOR DEFINED AS LONG TERM HEALTH CART. FACILHIFS, REHABILIT ATION CENTERS. CONVALESCLNT CENTERS, RETIREMENT HOMES. RESIDENCES, SCHOOLS, PLAYGROUNDS, CHILDCARE CENTERS, AND ATHLETIC FACILFHFS. IIIU(;I N.1L 23A-38 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT �.` 21865 Copley Drive. Diamond Bar. CA 917G5 PERMIT TO OPERATE NOTICE Pagt ! Pamir \o. ez4q66 A;k sab"I LN AC'CORDANCE WITH RULE: 206, THIS PERMIT TO OPERATE OR COPY SHALL. BE POSTED ON OR WI IHIN 8 METERS OF THE. EQUIPMENT. THIS PERMIT DOES NOT AUTHORIZE THE EMISSION OF AIR CONTAMINANTS IN EXCESS OF THOSE ALLOWED BY DIVISION 26 OF THE HEALTH AND SAFE"rY CODE OF THE STATE OF CALIFORNIA OR THE RULES OF THE AIR QUALITY MANAGEMENT DISTRICT THIS PERMIT CA\TIOT BE CONSIDF.RLD AS PERMISSION TO VIOLATE EXISTING LAWS. ORDINANCES, REGULATIONS OR STATUTES OF OTHER GOVERNMENT AGENCIES EXECUTIVE OFFICER By Dorris %1 BaiIcT'MP03 i.23/2013 ()itll,lA VI 23A-39 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 18-6909 BRISTOL STREET REHABILITATION FROM 17TH STREET TO SANTA CLARA AVENUE PROJECT This CONSTRUCTION CONTRACT is made and entered into this 1st day of October, 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"). WH`NESSETH: 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 Bristol Street Rehabilitation From 17t' Street to Santa Clara 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 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 Six Hundred Fifteen Thousand Five Hundred Fifty Dollars and No Cents ($615,550.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev.09101/2017 23A- "0 Page 1 of The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. 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 fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 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. // 23A-41 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney WiN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: R.J. Noble Company x NAME• TEV *NDOZA TITLE: SECRETARY 23A-42 Paae 3 oF3 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-6909: BRISTOL STREET REHABILITATION FROM 17th STREET TO SANTA CLARA AVENUE Construction Contract $ 615,550 Contract Administration $ 40,100 Inspection and Testing $ 52,233 Contingencies $ 61,555 TOTAL ESTIMATED CONSTRUCTION COSTS $ 769,438 EXHIBIT 4 23A-43