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HomeMy WebLinkAboutELECNOR BELCO ELECTRIC, INC. (2) 45 Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, n, Clerk-Recorder Santa Ana,CA 92702 I NO F E E illll$ 11 I IIII II I IIII II III I II II IIIII III I I I I III R 0 0 1 3 4 9 3 0 0 2 $ 2022000034284 9:57 am 01/26/22 93 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 r NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation,with the address of City Hall,20 Civic Center Plaza, Santa Ana,California, 92701, is the owner of the property hereinafter described, that said owner has caused construction a of Flower Street Bikeway [HSIPL-5063(187)1 under contract entered into on Au ug_st w 18, 2020 with Elecnor Belco Electric. Inc. , on which contract Fidelity and Deposit M UCompany of Maryland-is surety. The property on which such work improvement was placed is in O the City of Santa Ana, County of Orange, State of California, and described as Project no.17-6897 o z located on: Flower Street Bikeway HISPL (IEj The work improvement on said property was aaccepted as completed on December 15, 2021. o � 0 CITY OF SANTA ANA,A MUNICIPAL CORPORATION by Dated: 19/2Z— Principal Civil Engineer-Jason Gabriel TITLE O � ------------------------------------------------------------------------------------------- ex VERIFICATION 1, the undersigned, say: I am the Acting City Engineer - Zdenek Kekula of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on f , at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION I o_ PUJ4(CZ) C)� � SEP 0 n 2020 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 17-6897_, FLOWER STREET BIKEWAY FEDERAL NUMBER [HSIPL-5063(187)] This CONSTRUCTION CONTRACT is made and entered into this 18`h day of August, 2020 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 " Belco Electric, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Flower Street Bikeway 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 Seven,:Hundred.Eleven Thousand Six Hundred Eighty -Two Dollars and No. Cents ($711,68200), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. mv. 09/01/2017 Page I of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Afk 6-1-f 2 DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 791, TV�L J FUNK Assistant City Attorney FOR APPROVAL: kl "'y a IL SABA, PE xtive Director c Works Agency CITY OF SANTA ANA K bg NE RIDG City Manager CONTRACTOR: Elecnor Belco Electric, Inc. wi3_ or k,11-1 l ' • Page 3 of 3 City of Santa Ana Page 2 Flower Street Bkoway (17-6897 (HSIPL 5063(187))), bidding on May 27, 2020 2:00 PM (Pacific) Printed 06/0912020 Bid Results EXHIBIT A Type Item Code UOM City Unit Price Line Total Comment 4 GTT Cpticom EVP System at Edinger &Flower LS 1 $10,689,00 $10,689.00 5 Instal 2" PVC per plan LF 470 $32.00 $15,040.00 6 Instal 3" PVC per plan LF 225 $40.00 $9,000.00 7 Instal 4" PVC per plan LF 580 $60.00 $34,800.00 8 No. 8Pullbox EA 10 $692.00 $6,920.00 9 No. 6E Pullbox EA 2 $868.00 $1,736.00 10 Instal Video Detection System at Edinger Ave & Flower St LS 1 $33,337.00 $33,337.00 11 Instal Video Detection System atMcFadden Ave & Flower St IS 1 $33,337.00 $33,337.00 12 24 Strand SMFO Cable LF 3150 $2.20 $6,930.00 13 Fusion Splice 1 Strand SMFO EA 48 $35.00 $1,680.00 14 IP Communication System at McFadden Ave & Flower St LS 1 $16,000.00 $16,000.00 15 Construct ADA Curb Ramp Per Plan S F 300 $47.00 $14,100.00 16 Pothole For Utility Not Shown on Plan EA 10 $1,115.00 $11,150.00 17 Pothole For Utility for Traffic Signal Pole Locations EA 8 $875.00 $7,000.00 18 Unclassified Excavation CY 10 $1,116.00 $11,160.00 19 Temporary Overhead Wiring at Edinger Ave & Flower St LS 1 $7,600.00 $7,600.00 PlanetBids, Inc. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6997 EXHIBIT A FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (80) 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 $400.00 per calendar day. Name of Finn Signature of BIDDER TitlePreqt (If an individual, so state. UaTirm. or diampazwErship, 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.) Alberto Garcia de Ins Angeles - President Pedro End le - Secretary P-3 of P-52 John Wong - Vice President Jeroni Gervilla - Treasurer CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Elecnor Belco Electric. Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Mobilization I LS Nr" Cb' � $, r ` V� I 2 Traffic Signal Modification at Edinger Ave and Flower St I LS$ ICI U' OcU $ Iti GI Goo 3 Traffic Signal Modification at Ave and Flower St 1 LS $ O $ 6COMcFadden (� I, 0 4 GTT Opticom EVP System at Edinger & Flower 1 LS $ �l') 1 bq $ 1Gl C-Lkej 5 Install 2" PVC per plan 470 LF $ $ I S 6 Install 3" PVC per plan 225 LF $ $ 01 I OQC% 7 Install 4"PVC per plan 580 LF $ $'N eOO l 8 No. 6 Pullbox 10 EA $ (p�j Z $ l 9 No. 6E Pullbox 2 EA $�' $ 10 Install Video Detection System at Edinger Ave & Flower St I LS $ ?�7j i3 �� _ $ -3'2'1 33 I I Install Video Detection System at McFadden Ave & Flower St 1 LS $ 33133-Z 12 24 Strand SMFO Cable 3,150 LF $ '%-ZC% $(D C00 13 Fusion Splice 1 Strand SMFO 48 EA $ `�.-�`7 $ 7 P-I ofP-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) Item Description Qty Unit Unit Price Amount 14 IP Communication System at McFadden Ave & Flower St 1 LS $'(qo U $ [(pt �)GU 15 Construct ADA Curb Ramp Per Plan 300 SF $ q -f- $'w 16 Pothole For Utility Not Shown on Plan 10 EA $ I r � 17 Pothole For Utility for Traffic Signal Pole Locations 8 EA $ 18 Unclassified Excavation 10 CY I' $ I' (� ty $ (1(� 19 Temporary Overhead Wiring at Edinger Ave & Flower 1 LS $�-(C'f) $�- �•60 St 1 20 Temporary Overhead Wiring at McFadden Ave & Flower St 1 LS $ 51 j 00 $ sl �O O 21 Install Type " Bike Loop 13 EA 6 0 22 Install Type "E" & Type "D" Bike Loop 120 EA $ T5 � $ . I N'c 23 Signing and Striping 1 LS $I 1315T3 1 24 Labor Agreement Oversight 1 LS $10,000 $10,000 TOTAL BASE B I 11�,L0�2 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 P-2 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (80) 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 $400.00 per calendar day. Name of Firm Signature of BIDDER John Title Vie President (If an individual, so state. firm or - rship, 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.) Alberto Garcia de los Angeles - President John Wong - Vice President Pedro Enrile - Secretary Jeroni Gervilla - Treasurer P-3 of P-52 UNANIMOUS WRITTEN CONSENT IN LIEU OF 2019 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF ELECNOR BELCO ELECTRIC, INC. January 1, 2019 The undersigned, being all of the members of the Board of Directors (the `Board") of Eleenor Belco Electric, Inc., a California corporation (the "Company"), in lieu of holding a meeting of the Board, hereby take the following actions and adopt the following resolutions by unanimous written consent: WHEREAS, the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to the offices set forth opposite their respective names, to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board, or until their earlier respective deaths, resignations or removals: President and Chief Executive Officer Alberto Garcia De Los Angeles Chief Financial Officer Jeroni Gervilla Senior Vice President, General Counsel Roger DeVito and Assistant Secretary Vice President for Construction John Wong Secretary Pedro Emile FURTHER RESOLVED, that Alberto Garcia De Los Angeles, Jeroni Gervilla, Alberto Garcia and Roger DeVito in their respective capacities (listed above) subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office; shall have authority to execute in the name of the Company contracts, leases and other written instruments to be executed by the Company; and, shall perform such other duties as the Board of Directors may from time to time determine. FURTHER RESOLVED, that the President and Chief Executive Officer may delegate authority to any Chief Financial Officer or Chief Operating Officer or Senior Vice President or Vice President as and within their authority levels as set forth in the Company's Bylaws, as the same may be amended from time to time; FURTHER RESOLVED, that Roger DeVito, in his capacity of Senior Vice President, is hereby authorized and directed to: 1. Negotiate, sign, amend and terminate agreements in connection with the purpose of the Company, for all contracts up to $250,000.00, and acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all contracts in amounts greater than $250,000.00. 2. Execute, amend and finalize bid proposals in connection with the propose of the Company, for all proposals up to $1,000,000.00, and acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all proposals in amounts greater than $1,000,000.00. 3. Acting jointly with Alberto Garcia Do Los Angeles or Jeroni Gervilla, execute, amend and finalize purchase orders for materials and equipment in connection with the purpose ofthe Company. 4. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute, amend and terminate agreements for the lease of real estate to be used as offices or job related temporary yards. S. Acting jointly with Alberto Garcia Do Los Angeles or Jeroni Gervilla, execute, amend and terminate insurance and/or bid bonds arrangements in connection with the purpose of the Company. 6. Acting jointly with Alberto Garcia Do Los Angeles or Jeroni Gervilla, hire, suspend, impose sanctions and dismiss the administrative personnel of the Company, setting forth their employment terms and conditions, obligations and remuneration. 7. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, settle and claims on behalf of the Company. AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects, approved, ratified and affirmed, as of the date taken, done or omitted, respectively. The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors, duly called and constituted pursuant to the Bylaws of the Company and the laws of the State of California. This Board Consent may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors of Eleanor Belie Electric, Inc., have executed these actions by written consent as of the date first written above. Luis Alcibar, Director Alexander Arola, Director CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Elecnor Belco nutric, Inc. / Signature of BIDDER Title (If an individual, so state. irm or -p ership, state the Fi m name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Alberto Garcia de Ins Angeles - President John Wong - Vice President Pedro Enrile - Secretary Jeroni Gervilla - Treasurer P-4 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Elecnor Belco Electric. Inc. Business Address: 14320 Albers Way, Chino, CA 91710 Business E-Mail Address: iwonea,c1cenor.com Telephone: 909-993-5470 State Contractor's License No. and Class: 738518 A, B,C-I0 License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: 1000004804 State Dept. of Industrial Relations (DIR) Registration Expirati ate: 6/30/22 Signed: ,John Title: Vice President P-5 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Finn Elecnor Signature of BIDDER Title (if an individual, so state) John P-6 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANFA ANA ) John Wong , being duly swom, 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. [RCORPORATION That he is of'. Vice President a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as ajoint 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/fpr hirri4elf or any other person. gom to before me this I'll" day of _M20 V 16119q 00�) USIA of officer Administering Oath (Notary Public) A notary p it or other officer completing this carllficatverifies only the identity of the Individuall who signed the document to which this cerlifkate is attached, and not the truthfulness, aauracy, or validity of that document. a.... ELISA BETH LiM ComNo. 2281637 NOTARY PuatIC.CALIFORNIA sAN eERNARgpO COUNTY my Cam'. Ev'i .MARCH 21, 2023 P-7 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) KNOW ALL PRESENT that, Elecnor Belco as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ 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 19th day of Mav 12020 BIDDER* J:2Donna M. Planets Attorney -in -Fact Subscribed and sworn to before me ,20 Signature: 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-8 of P-52 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. ♦♦eeee�ee�eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeee�e State of _ N*bVMtC4 County of CSGIh bP•goA) py On _" 2-9. t?p2e before me, ✓tom WA JAt-) Notary Public Dete NenM anE Tale o(Ndery personally appeared bhb_hIQV197 Name Who proved to me on the basis of satisfactory evidence to be the persorl(3f whose nam,) is/o subscribed to the within instrument and acknowledged to me that help lilpfy xecuted the same in his/ r/Weir authorized capaci es), and that by his/�4r/ Ir signatureXon the instrument the persorg , or the entity upon behalf of which the persorfWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Witness my han ELISA BETH LIM No. 228/937 .tom •Commission NOTARY PUBLIC-MIFORNIA SAN BERNARDWO COUNTY j My Comm. Ewires IMRCH 21, 2023 Signature Notary Public Signature Place Notery Public Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document U "C Document Date Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Guardian or Conservator Top of lhumb ❑ Attorney -in -Fact ❑ Trustee ❑ Other: Signer is representing Number of Pages: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Guardian or Conservator Top of ibanb ❑ Attorney -in -Fact ❑ Trustee ❑ Other. Signer is representing 0000eeoe000eeee000ee000eeeeoe00000e000eee0000eoeeoee000eeeee000eeoo 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 validitv of that document. State of 6aidori9ax County of Hartford On May 19, 2020 before me, Brendan Fletcher, Notary Public (insert name and title of the officer) personally appeared Donna M. Planets who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Public (Seal) BRENDAN FLETCHER NOTARY PUBLIC- CT 180835 My Commission Expires Feb. 28, 2025 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which we set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON, Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURECAMO and Tanya NGUYEN, all of Hartford, Connecticut, EACH, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of October, A.D. 2019. s ` "s o: *S"a\ rocs fi;ri in. ,ti � 7 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By., Dawn E. Brown Secretary State of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Do., Notary Public . � " My Commission Expires: July 9, 2023 ,;' EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this tern day of May 2020 �ayy cytr tasv'°* ggq,,,'''���ss+� � �'h :•St:.W'°W�i� i•,-y'Y/ry,.ayo Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reaoctsfclaims@,4z irichna.com 800-626-4577 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 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: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/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 5YA'isto R�C ac Name License #/Exp. b I L1510 3 1� 11171 License DIR Reg. #/Exp. IWOOON 0 1 C DIR Re€ Location AYIG to Locatior Phone _",SS(n Phone Type Of Work 0 5 Type Of Amount $ 7�?�� SOD Amount Name C11VA' License #/Exp. DIR Reg. #/Exp. �1 License # Location AU Phone Q61- Type Of Work Amount $ 41 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ L�Vn nos Name License #/Exp. 0CCVC030(o 4I;o 70 DIR Reg.#/Exp. A License # N iA Location Phone MG `mil nh Type Of Work S Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 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. City of Victoiville 14343 Civic Center Dr. Victorville, CA 92392 Name and Address of Owner. Greg Heldreth 760-243-6360 Name and Telephone Number of person familiar with project. $445,220 Traffic Signals & Fiber Optics March 2018 Contract Amount Type of Work Date Completed 2• City of Diamond Bar 21810 Copley Dr. Diamond Bar, Ca 91765 Name and Address of owner. Christian Malpica 909-839-7042 Name and Telephone Number of person familiar with project. $389,928 Traffic Signals & Fiber Optics September 2018 Contract Amount Type of Work 3• City of Mission Vieio 200 Civic Center, Mission Vieio, CA 92691 Name and Address of owner. Phillip Nitollama 949470-3068 Name and Telephone Number of person familiar with project. $357.100 Contract Amount Tragic Signals Type of Work Date Completed September 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. Willis Towers Watson 10 State House Square, Floor I I Hartford, CT 06103 Erin Kieman 860-843-5404 Zurich American Insurance Company 777 S. Figueroa St, Suite 3900 Los Angeles, CA 90017 Margaret Hentz 213-270-0757 P-10 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1 • City of Glendale 633 E. Broadway, Glendale, CA 91206 Name and Address of Owner. Sarkis Oeanesvan 818-548-3945 Name and Telephone Number of person familiar with project. $600,000 Traffic Signals, Fiber & Interconnect March 2018 Contract Amount Type of Work 2. 013y of La Mirada 15515 Phoebe Ave - La Mirada _ CA 9063 Name and Address of owner. Date Completed Eric Villagarcia 562-902-2385 Name and Telephone Number of person familiar with project. $299,490 Traffic Signal Installation September 2017 Contract Amount Type of Work Date Completed City of Azusa 213 E. Foothill Blvd, Azusa, CA 91710 Name and Address of owner. _ Cody I -lowing 909-594-9702 Name and Telephone Number of person familiar with project. $352,269 Traffic Signals & Fiber Optics December 2017 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Willis Towers Watson Zurich American Insurance Company 10 State House Square, Floor 1 I Hartford, CT 06103 Erin Kiernan 860-843-5404 777 S. Figueroa St, Suite 3900 Los Angeles, CA 90017 Margaret Hentz 213-270-0757 P-11 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 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-collu on Affidavit is part of the Proposal. BIDDERS are cautioned rgg that makia falslcrtification may subject the certifier to criminal prosecution. Signed State of C� County of Subscribed and sworn to (or affirmed) before me on this HM day of MaH 2(2_, by cl *y%INOVt9X proved to me on the basis of satisfactory evidence to 8e the person(s) who appearedVf6re me �luu ary Public Signature Mublic or other officer completing ate verifies only the Identity of ual who signed the document to certificate is attached, and not ness, accuracyor validity of ent. Notary Public Seal .,, ELISA BETH LIM Commission No. 2281g �1® NOTARY PUBLIC-CALIFORNIA ti SAN BERNARDINO COUNTY My Comm. Expires AVMH 21, 202B P-12 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 7. 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. 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 Signed: Title: Firm: Date: May 19, 2020 P-14 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 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 c tractors, except contractors not signatory to the trust agreement shall pay a like amount t� Califoynia Apprenticeship Council. Signed: John Wong Title: i 1 Vice President Firm: `,� Elecnor Belco Electric. Inc. Date: Mav 19, 2020 P-15 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) 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 cntiitled. Signed: Title: Firm: Elecnor Belco Electric, Inc. Date: May 19, 2020 P-16 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-17 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA-1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the attached required Federal Contract Provision (Form FHWA-1273) . /1 Signed Title Firm Date , John We Vice President Elecnor Belco Electric, Inc. May 19, 2020 P-18 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) REQUIRED CONTRACT PROVISIONS FEDERAL4 W CONSTRUCTION CONTRACTS I. General It Nondiscrimination Ill. Nonsegregated Facilities IV Davis-Sation and Related Ad Provisions V. CortmctWork Hours and SatelySsndards Ad Provisions Vt. Subletting a Assigning the Contract VII. Safety: Accident Prevention MIL False Statements Concerning flghway Projects IX. Implementation of peen AhrAct and Federal Water Pollution Control Ad X. Compliance with Govemmantwide Suspension and DebarmentRegulremants XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Pmfwmw for Appalachian Development Highway System or Appalachian Local Access Road Contacts {included in Appalachian contracts only) I. GENERAL 1. Form FHWA•1273 nest be physically incorporated in each construction cortradfunded underrrtla 23 (excluding emergency contracts eddy Intended fordebds removal). The Contractor (" subcontractor) must insert the form in each subcontract and further moire its inclusion it all lower tier subcontracts (excluding purchase orders, rental agreements and other agmemerts for supplies orsemces). The applicable requkemens of Farm FHWA-1273 am Incorporated by reference forworkdone under any purchase order, rental agreement oragmamenl f"other services. The prime contractor shall be responsible for compliance by ary subco nkacbr, lower4ler subcontract" "service provider. Fam FH WA-1273 must be included In at Federal-eid design. Wlid contracts, In of subcontracts, and in lower tier subconiads(excludirg subcontracts for design services, purchase orders, rental agreements and otheragreementsfor supplies or services). The design -builder shag be responsible for compliance by any subcontmdw, bwardiersubcorlracta orservice provider. Contracting agencies may reference Farm FHWA-1273 in bid proposal or request for propose] documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) In all contacts, subcontracts and laver-Oer subcontracts (excluding purchase orders, rental agreements and other agreements for supples or services related to a construction contract). 2. Subject to the applicability aleda noted In the following sections, these contract provisions shot apply b all work performed on the contract by the contractors own organization and with the assistance of workers under the contractor's Immediate superintendence and to all walk performed on the contract bypiwemrk, station work or by subco bect FMA-1273 -- Revised May 1, 2012 3. A breach of any d the elipulaftf contained in these Requked Contract Provisions maybe sufliiclert grounds for wfialdilg of pmgess paymants, wilhhoking of fiat Payment, tennnatlon of the contract, suspension Idebarment or any other action dde"Ined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. Dudng the pedomince d this contract the codrectorshal I not use convict labor for any purpose within the Wnds of a construction project on a Federal -aid highway unless It Is labor performed by convicts who am on parde, supervised release,"probation. The temp Faderai-aid highway does not Include roadways functionally classified as local mads a rural minor collectors. The povisions of this section related to 23 CFR Part 230 are applicable to al Fedaol-aid instruction contracts and to al misled consimdbn mbcmbacts of 51QODo" more. The povisbm of 23 CFR Pad 230 are rot applicable to materiel supply. engineering, "architectural service contracts. In addition, the contradw and al suboontmdws must comply with the following policies. Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Tile 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the CM Rights Act of 1964, as amended, and related . regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200. 230, and 633. The contract"and all subconbadors mustoomply with: the mqukemanls of the Equal O{porturly pause In 41 CFR 60- 1.4(b) and for al constriction cortmets emc dhg $10,000, the Standard Federal Equal Employment Opportunity Corsirudion Contact Spedtcalos in 41 CFR 60.4.3. Note: The U.S. Department of tabor has exclusive authority to delermine complance with Execut Order 11246 and Ire policies of the Secretary of labor Including 41 CFR 60, and 29 CFR 1625-1627. The contracting agencyand the FHWAhave the authority andthe responsibility b ensure carnplance with Tile 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the CINI Rights Ad d 1964, as amended, and related regulations including 49 CFR Pas 21, 26 and 27; and 23 CFR Pads 2D0, 23D, and 633 The following pmvisim is adopted from 23 CFR 230, Append% A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Equal employment oppmtmity (EEO) requiemeds notto discriminate and to take aS.mative action to assure equal opportunity as set forth under Ism, executive orders, rates, regulations (26 CFR 35, 29 CFR 1630, 29 CFR 1625.1627.41 CFR60 and 49 CFR27) and orders of the Secretary of labor as modified by the Provisions prescribed herein, arid Imposed pursuant to 23 US.C. 140 shelf constitute the EEO and specific affirmative aclon standards for the contractors project actkiles under P-19 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) this contract. The provisions of it* Americans with Disabilities Ad of 1990 (42 U.S.C. 121g1 at sail.) safforlh under 2$ CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. in the execution of this contract the contractor agrees to comply with the falbw3ng mninum specdc requirement actmt as of EEO. a. The contmdorwl work with the contracting agency and the Federal Government to ensure that it has made every goodlaign effort toprovide equal opportunity with respect to all of its locos and conditions of employment and in their review of activities under the contract. b. The contractor will accept as is operating poleythe following statement: It is the policy of this Company b assure that applicants we employed, and that employees are treated during employment, without rage to their race, religion, sax, color, national origin, age a disablity. Such action shag Include: employment, upgrading, demotion, or transfer, recruitment or recrritrnentadvertfsing; layoff a termination; rates d pay or other forms of compensation; and selection fa training, including apprenticeship, pmsppmnWeshp, andloron4he. job training.' 2. EEO Officer. The wntractorwill designate and make known to the contracting offcas an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate author ty and responsibly to do SO. 3. Ol ssamination of Policy: AI members of the contractors staff who am authorized to hin s, supervise, proma1e, and discharge employees, a who recommendsuch action, or who am substantially Involved in suchaction will be made fully cognizant of, and will implement, the contractors EEO policy and contractual responsibilities to provide EEO in each grade and dassificagon of employment. To ensure that the above agreanent will be met, the following actions will be taken as a minimum a. Periodic meetings of superviwry and personnel office employees will be conducted before the start of work and then rot less often than once every six months, at which lime the contractors EEO policy and its implementation Will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Office, covering all majoraspects of the contractors EEO obligations within dudydays following the'rrepatng for duty with the contractor. c. Al personnel who are engaged in direct recruitment for the project wit be Instructed by the EEO Officer in the cortracbr's pmoaclums for locating and hiring minorities and women. d. Notices and posters selling faith the contracct's EEO policy will be placed in areas madly accessible to employees, applicants fo r employment and potential employs". e. The contractors EEO policy and the procedures to Implement such policy wit be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment When advertising for employees, the conbacltt will include in al advertisements for employees the notation: "An Equal Opportunity Employer' AI such advemsornenB will be placed in publications having a large cicalaion among minadfies and woman in the area from which the prcjwtwork force would namlly be derived. a. Thecontractorvrl,unlesspredudedbya"id bargaining agreement. conduct systematic and direct mcrutment through public and private employee referral sources Ikey to yueldgmlifled mincriies and women. To meet this requirement the contractor will identify wuroes of potential mnonty, gap employees, and establish win such identiled sources procedures whereby minority and women applicants may be referred to the wntractorfor employment consideration, to In the event theconfractor has a valid bargaining agreement providing (of exclusive hiring hall referrals, the contractor is expected to abserve the previsions of that agreement to the extent that the system meets the contractors canplancewith EEOwntract pmvisors. Where Implementation of such an agreement has the died of discriminating against minorities orwomen, a obligates the contractor to do the same, such Implamentalionviolales Federal nondiscrimination provisions. c. The contractorwil encourage its present employees to refer minorlims and women as applicants fa employment. Inbrmation and procedures with regard to referring such applicants will be dmarssed with employees. 6. Parsorrnd Actions: Wages. working conditions, and empbyee benefits shall be established and administered, and personnel actions of every type, nduding tiring, upgrading promotion, bans(', demotion, layoff, and termination shell be taken without regard to race, cola, religion, sex, national odgin,ageordsablly. Thefolowingtorocedunesshallbe followed: a The contractor wfl conduct periodic Inspections of project sibs to nsum that waalrng conditions and employee facilities do not indicate discriminatory treatment of project site personnel. to, The contractor will periodically evaluate the spread of wages pad within each classification to determine any evidence ofdisoini natory wage practices. c. The contractor wif periodically neviewselected personnel actions in depth to determine whether them is evkferceof dlscrinination. Whom evidenceis found, the cohtraclorwill prompty, take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such co ecltve action shal include all affected persons. d. The contractor will promptly investigate all comgairls of staged discrimination made to the contractor in connection with is obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. l the investigation indicates that the discrimination may affectpersons of herthan the complainant, such caredive action stet include such other persons. Upon completion of each investigation the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. Thecontradorwil assistinlowling, qumlfying, and Increasing the skills of minorities and woman who am P-20 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) applicants fa employment or anent employees. Such elons should be amed at developingful journey lewd stabs employees in the "a of trade a job classification involved. b. Consistent with the contractor's work face requirements and as permissible under Federal and State regulations, she contractor shall make full use of Ira" programs. I.e., apprenticeship, and on-11he4orb training programs for the geographical area of contract performance. In the event a special provWon for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency mayreserve traintg positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a), c. The contractor wiladvise enployaes and applicants for ecpiuyment of available training programs and entrance reguimmenls foreach. d The contactor will periodicalyreview the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions lithe contractor relies in whale of in pan upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and woman Actions by the contactor, either directly a trough a contredoes association acting as agent, will include the procedures set forth below: a The contractor will use good faith Worts to develop, in cooperation with the unions, Joint training programs aimed toward qualifying more miwdties and women for membership in tre unions and increasing the shills of minorities and women so thal they may qualify for higher paying employment. b. The baltraclorwht use good kith efforts loincorpaate an EEO douse into each union agreement to the and that such union will be contractually band to rcter applicants without rapid to their race, Dolor, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of she laborun»on and such labor union refuses to furnish such information to the contractor, she contractor ahel So car* to she canbading agency and shal sal faith whet atforts hewer been made to obtain such infonmation d In the event the union is unable to provide the contractor with a masonable low of referrals within the time Imit set forth in dhe collective bargaining agreement the corlrador will, though independent recruitment efforts, fir the employment vacancies without regard to race, cdor, religion, sex, national origin, age of disability. making full effals to obtain 4haified and/or qualiroble mihorises and women. The faium d a union to provide sufficient referrals (even though it is ci frgated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the regJiemeds olthis paragraph. In the evert the union referral practice prowls the contractor from meeting the oblgations pursuant b Exewtive Order 11246. as amended, and these special provfsims, such eontrada shall immediately rotly the contracting agency. IL Reasonable Accommodation for Applicants t Employees with Disabilities: The contractor must be farm err with the requirements for and campy with the Americans with Disabilities Act and as rules and regulations established there under. Errybyersmust provide reasonable accommodation in at employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractons,Pfocurament of Materials and Leasing of Equipment: The contractorshall not discriminate on the gmunds of fees, cdor, religion, sex, nalionalodgrt age ordaabitdy in he selected and retention of subcontractors, including procurement ofmaterials and lease4 d equipment. The Contraeler that fake all necessary and reasonable steps to ensure nordisainirmhon in the administration d this contract. a. The contractor shall nosy allpotential subcodractorsand suppliers andlessom of their EEO obligations under this contract. It. The contractor will use good faith efforts to ensure suboontractorci mpsance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(by. a The requirements of 49 CFR Part 26 and the State DOf's US DOT,appraed DBE program am incorporated by referent. b. The contractororsubmntractorshall not dnxoirrirete on the bass d race, color, national origin or sex in the performance of this contract. The contractor sell carry out applicable requirements of 49 CFR Part 26 in the award and administration dDOTassisled contracts. Failure by the contractorloeany out these requirements is a material breach of this contract, which prey resua in the terminason of this contract or such other remedy as the contracting agency deems appropriate it. Records and Reports: The contractor shall keep such records as necessaiyto dacumem cenpsancs with the EEO requirements. Such records shall be retained fora period of three years fc lowing the date of the foal payment to the contractor for at contract work and shel be available at reasonable lines and places for inspection by authorized representatves of the redtactig agency and the FIAVA a. The records kept by the contractor shall dxxtmonl the folowfng: (1) The number and work tours of minority and non - minority group members and women employed in each work dasslcation on the project (2) The progress and efforts being made in cooperation wile unions, wired applicable, to increase employment opport nd es fa minorities and women; and (3) The progress and efforts being made in locating hiring, training, qualifying, and upgrading minorities and wanes h The contractors and subcontractorswtl submit "annual report to the contracting agency each July for the duration of the project, Indicating the number of dinorfty, women, and nonminonty gmup employees currently engaged in each work dassyncabon required by the contend work. The inormation a to be reported on Form FHWA-1391. The staling data should represent the project work face on board in all many part of the last payroll period preceding IM and o(July. If onths4ob training is being required by special provision, the contractor P-21 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) VA be required n collect and mpori training data. The employment data should reflect he work farce on board during at or any pat of the last paymd period precedig the end of July. IN. NONSEGREGATED FACILITIES This prmvWm is applicable to el Federal -aid construction contracts and to an related ounsbuctionsubcocractsof $10,000 or more. The contractor must insure that fad Mies provided lor employees are provided in wcb a manner that segregation on he basis of mce, color, m➢gien, sex, or national origin cannot resin. The contractor may nether require such segregated use by written or oral policies nor tolerate such use by employee custom The cantmcofs obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where thefad'iies are segregated. The ten 'fadMles' includes waiting nonce, work areas, restaurants and other using areas, lime clocks, resbooms, washrooms, locker roams, and other storage or dressing areas, parking lots, drinking fomtans. recreation or entertainment areas, transportation, and housing provided for employees. The contractor shell provide separate orsingle-user mshooms and necessary dressing a sleeping areas loassum privacy between sexes. IV. DAVIS-DACON AND RELATED ACT PROVISIONS Thffi section is oppgcade to at Fedam4ed construction projects exceeding $2,000 and to at related subcontracts and lower-tiersubconlmcts(regardlossofsubcontract size). The requirements apply to a projects located within the dgh4d. vary of roadway that is funclmaly classified as Federal -aid highway. This excludes roadways functionally classified as local mad$ or rural minorco➢eclors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from he U.S. Deportnent of Labor regulations 11129 CFR 6.5 tontaet can ivls(ms and related matters' with minor revisions le eonformto the FIiWA- 1273 formal and FHWA program requirements. 1. Minimum wages a. AM laborers and mechanics employed or working upon the site of the work wil be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as am pernitted by regulations issued by the Secretary of Label under the Copeland Ad (29 CFR pail 3)), the full amount of wages and bona We fringe benefits (or cash equivalents thereof) due at time of payment computed at miss not less than those contained in the wage determnitim of he Secretary of Labor which is attached hereto and made a part fiereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fde fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers wmechanics am considered wages paid to such laborers a mechanics, subject to he provisions of paragraph 1.d. of this secliorx also, regular contributions made orcosts incurred for more than a meldy period (but not Ism often than quarlary) under plans, funds, or programs which cover the particular moldy period, are deemed to be constructively made orircurred during such weekly period. Such labomm and mechanics shag be paid the appropriate wage rate and fringe benefits on the wage determination for he dassihicafwn of work actually performed, w ODul regard to skill, except as provided in 29 CFR 5.5(ax4). Laborers or mechanics performing work in more rian one classification may be compensated at he rate specified for each classification for the time actually worked thamin: Provided, That the employa's payroll records accurately sot forth he time spent in each dassiication lnwhidn work is parfonned. The wage daterninalion pnduding any additional classification and wage rates conformed under pamgraph 1.b. of this saet'on)and the Davis -Eaton poster (WH-1321) shag be posted at at lines by the contractor and its subcontracbrs at the silo of the walk in a prominent and accessible place where 4 can be easily seen by the workers, b.(1) The contracting oficer shot require that any class of labomm or mectimim ind Wing hdpers, which is not fisledin Ifie wage determination and which is to be employed under he contract shag be classified in conformance with the wage determination. The contracting oficer shag approve an additional classification and wage mle and fringe benefits therefore only when the following criteria have been met: p) The work to be performed by the ctassificaim requested is not performed by a classifcation in the wage detemmnation: and (i) The classification is utRzed in he area by the construction ndusby, and (III) The proposed wage rate, inducing any bona fide fringe benells, beam reasonable relationship to the wage rates contained in the wage determination (2) If the contractor and the laborers and mechanics to be employed in the classification (t known), or their representatives, and he contracting officer agree on he dassifk:abon and wag role (ndu ding the amount designated for fringe benefits where appropriate), a report of he action taken stag be sent by he corimdig officer to the Administrator of the Wage and HourOrvision, Employment Standards Adniustmtion, U.S. Department of Labor, Washington, DC 2021Q The Administrator, oran adhorized representative, will approve, mody. or disapprove every additional classification action within 30 days of recept and so advise the contracting officer or wit notify the contracting officer within he 30-day period that additional lime is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting of icer do not agree on he Proposed clawdication and wage role (including the amount designated for fringe benefits, whom appropriate), he contracting office shag refer the questions, including he views of all interested parties and he mcommendatlon of the contracting officer, to the Wage and Hour Adm'idsimbr for determination. The Wage and flourAdmnistmlor, a an ouhonzed representative, YA lssue a defern'ndton within 30 days of receipt and so advise the contracting dicer or P-22 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) will notify the cortracting officer within fee 36day period that additional time Is necessary. (4)The wage into (including fringe benefits whore appropriate) determined pursuant b paragraphs 1.b.(2) or 1 A(3) of this section, shall I be paid to all workers performing work h the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract fora class of laborers or mectrrnics Includes a fringe benefitwhtch is not expressed as an hourly rate, the contactor shall either pay the benefit as sided in iota wage determination or shall pay another bona fide fringe benefit or an lroudy cash equivalent thereof. d If the contractor does not make paymenisto a trustee or Otherthird persorr, the contractor maycoastder as part of the wages of any laborer ormedhanic the amount of any costs reasonably anticipated in providing bona fide fringe benefds under plan or program, Provided, That the Secretary of Labor has found, upon Ire written request of the contractor, that the applicable standards of the DavisBac on Act havo bem cod. The Secretary of Labor may require the contactor to set aside in a separate account assets for the meeting of obligations under the pan or program. 2. Withholding The contracting agency she upon its own action or upon written request of an authorized representative of the Departahenl of Labor, withhold "cause labs withheld from the contractor under this contact, a any other Federal contact with the same prkne contract", orary other federally• assisted contract subject to Davis Bacon prevailing wage requirements, whkh is held by the same prime ountractor, se much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, panes, and helpers, employed by the contractor or my subcontractor the full amount of wages required by the contract in the event of failum to pay my laborer or mechanic, including any apprentice, bakiee, of helper, employed or walking on the site d the work, all or pan of the wages required by the contract, the contracting agency may, aterwrUlen notice to the contractor, take such action as may be necessary b cause the suspension of any further payment, advance, or guarantee of funds unti such vidatiors havecemed. 3. Payrolls and basic records a Payrolls and bask records relating thereto steal be maintained by the contractor during the course of the work and preserved for a period of three yeas thereafter for all laborers and mechanics woddng at the she of the work. Such records shall canton the name, address, and social security number of eachsuch worker, his or her coaedclassifrcaton, hourly miss of wages paid (including miss d contributions or costs anticipated for bona fide fringe benefits "cash equivalents thereof of the types described in section 1(bx2)(B) of the Davis-BaconAcl), daily and weekly numberof hours waked, deductknsmade and actual wages pad Whenever the Secretory of Labor has found under 29 CFR 5.5(axf J(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b(2)(B) of tie Davin Bacon Act. be contractor she maintain rowrds which stow that the commitment to povkla such bmefls is enforceable, that the plan or program is Inandaily responsible, and that the plan m program has been communicated In writing to the laborers or mechanics affected, and records which show the oasis anticipated or the actual cost inaned In providing such benefits. Contractors amploydng apprentices or bameas under approved programs shall maintain written evidence of the registration of appmnfeeship programs and cedlflcation of trainee programs, the registration of the apprentices and trainees, and the miles and wage rates pmscrbed In the applicable programs. le(1)The contactor shag submit weekly for each weak in which any contract work is performed a copy of all payroll to the contracting agency. The payrolls sutmlledshal set out accurately and completely al d the Information required to be maintained under 29 CFR 5.5(ax3XI), exceptthal full social security numbers and homeadd'esses shall not be included in weekly Individually Inetoad the Payrolls seal any need 10 include an kndividualy Identifying number for each employee e.g. , the last four digits of the enpioyee's soda security number). The required weekly payroll Information may be submited in any form dasked. Optional Form WH 347 is avallable for this puposefram the Wage and Hour Division Web site at ht4rMvww.dd.gwksa%vtdtfoamsfwtn3471neU.hln or its successor site. The prime coniracbr is responsible far the submission of copies of payrolls by al shbcmtactors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and sfial provide them upon request to the contracting agency for tansmission to the Stale DOT, the FHWA mthe Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance w➢h prevaNrg wage requirements. It is net a violation of this sacfon for a prime contractor to require a subcontractor b provide addresses and soda securitynumbers lots pine contractor far its worn records, without weekly submission to the contending agency.. (2) Each payroll submhlted shag be accompanied by a 'Statement d Compllarim' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall cedify the following: (I) That the payroll for the payroll period contains the Information required to be provided under §5.5 (ax3)(t) of Regulations, 29 CFR pat 5, the appropriate Information Is being mantained under §5.5 (a)(3)(l) of Regulations, 29 CFR part 5, and that such Information Is oared and complete: (I) That each laborer or mach ic{Including each helper, apprentice, and trainee) errybyed m the contract during the payroll period has been paid the full weekd wages eamed without rebate, either directly orindtrectly, and Ind ro deductions have been made ether directly or indirectly from the ful wages earned, other than permissible deductions as set faith in Regulations, 29 GFR pad 3; (li) That each laborer or mechanic has bem paid not less than the appileablewage rates and fringe benefits or cash equivalents for the classification d wok performed, as specified In the applicable wage delennination Incorporated into Ire contact. P-23 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) (3) The weekly submission of a property executed cortdlcalion set forth on the reverse sideof Optional Form WIi-347 shelf satisfy the mitukement fasr6missim of the 'Statenert of Compliance required by paragraph 3.b,(2) of this section. (4) Thefalsification of any of the above certifications may subject the cmtrador or subcontractor to civil orcriminal prosec rtionundersectian 1001 of title 18 and section 231 of tills 31 of fie United Stales Coda. c. The contractor a subcontractor shall make the records required under paragraph 3.a. ofthis section available for inspect -ion, copying, ortramci ption by authorized representatives of the contracting agency, the Stale DOT, the FNMA, or the Department of Labor, and $half permit such representatives to interview, employees during waking hours on the job. If fie contractor or subcontractor fails to submit the required records orb make then available, to FHWAmay, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to curse the suspension of any fatter payment advance, a guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debammenl action pursuant to 29 CFR 5. 12. 4. Apprentices and trainees a. Apprentices (program U the USDOL). Apprentices will be permitted to wok at less than the predetermined rate for the work hey performed when they as employed pursuant to and Individually registered in a bore fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administralort Office of Apprmloestip Training, Employer and Labor Services, awth a State Apprenticeship Agenoyrecognized by the Office, orif a person is employed In his a her first 90 days of pobalion rry employment as an apprertice In such an apprenticeship program, who Is not hdvidual%registereditn the program, but who has bean cedfie l by the fficeof ApprenticesHp Tralnhhg, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary erploynent as an apprentice. The alowablo ratio of apprentices to journeymen of the job site in any eat classification shell not be greater that the ratio permitted to the contractor as to the enilre wok face viler the registered program Any worker fisted on a payroll at an apprentice wage mte, who is not registered or otherwise employed as staled above, shelf be paid not loss hen the applicable wage rate on the wage determination for the classfcalon o(wode ahoy performed. In addition, any appmrtice performing wads on the job site in ehcess of the ratio permitted under the registered program shell be pad not loss than the applicable wage rate on the wage demorninaton for the work aclualfy, performed Whom a contractor is pefurmag cmetnlcUM on apmjed h e locally otter than flat In which its program is registered, the rates and "go rates (a+pressed In percentages of the joumeyrron's teurty, rate) spelled in the corirador's or abcontractofs registered program shelf be dbwrrved, Every apprentice rural be paid at not less than the rate spaded In the registered program for he apprembe's love] of Progress, expressed as a percentage of the journeymen homy rate specified in the apptc able wage delamiinatbn. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe bonalits, apprentices must be paid the full amount of gringo benefits Iistod on the wage determination for to applicabto dassfcr tm If the Adrninistrala determines that a different practice prevails for the applicable apprentice classification, binges shot be paid in accordance with that determination, In the eveatlho Office of Apprenticeship Training Employer and Labor Services, or a Stale Apprenticeship Agency reoogn¢edby the office, withdraws approval of an apprentice" program, the contractor wlI no longer to e permitted to ultiae apprentices at less the nthe appficade prodeiemired rate for the work performed until an acceptable program Is atpfwod. b. Trainees (programs of the USDOL) Except as provided in 29 C FR 5.16, trainees will not be permitted o wak at less than the predslarnined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Depormentof tabor, Employment and Training Administration. The ratio of trainees to journeyman on the job site "]not be greater than permitted uMerthe plan approved by the Employmenland Training Admhistrmton Every trainee nest be paid at net less than the rate specified In he approved program fa the trainee's lavell ofprogress, expressedas a percentage Ofthojourrsyman hourly rate specified in the applicable wage determination. Trainees shall be paid singe benefits in accordance win the prabions of the trainee program, If the trainee program does not merlon fdnge benefits, trainees stag be pad the fit amoumtof (rigs benefits (sled on the wage dolemninaton urioss the Administrator of he Wage and Hour Division determines that them is an apprenticeship program associated with the caesponding )oumeyman wogs rate an the wage determination which provides ter less than hill !rage benefits for apprentices. Any employee listed on the payroll ale traroe rate who Is not registered and participating in a tmlrft plan approved by the Employment and Training Administration shot be paid not lass than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any Wines pedorrming work ah he job site 1n excess of to ratio permitted under the registered program shelf be paid net less than tie applicable wage rate m the wage determination for the wok actually performed. In the event the Employment and Training Adminisaa/on wilhdraws approval of (mining program, the contractor" no longer be pemutted to uUbe trainees at loss than the applicable predetermined rate for the work performed will an acceptable program is approved. c. Equal employment oppodWy. The tt67ation of apprentices, trainees aid )ovreymen under fib pat stet be in conformity with the equal employment opportunity mqui ame its of Execttive Order 11246, ss amended, and 29 CFR part 30. P-24 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) d. Apprentces and Trainees (programs of the U.S. DDT). Apprentices and trainees wafting under apprenticeship and sill training programs which have been cert]ed by he Secretary or Transportation as promoting EEO in correction with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section N. The stmight time hourly wage fates for apprentices and trainees under such programs will be established by the particular programs. The ratio dapprentices and trainees to journeymen she] not be greater ton permitted by the teams of the particular pmgmm. S. Compliance with Copeland Act requirements. The contractorsha0 comply with the requirements of 29 CFR pad 3, which are Incorporated by reference in this cortmct &Subcontracts. The coriractororsuhmntracta shaildnsen Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in mylower ter subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor a lower gar subcontractor with all the contract douses In 29 CFR 65. 7.Contractlennlna6cn:dobarmont Abreschofhe corlrad douses in 29 CFR 5.5 maybe grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8. Compliance with Davis -bacon and Related Act require mords At rulings and Interpretations of the Davis. 6awn and Related Ads contained in 29 CFR pans 1, 3, and 5 are herein Incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes adsrg cut of the labor standards prwslons of the contract shal not besubject to the genemi capdes dause of 9uscortract. Such disputes shall be resolved in accordance with he procedures of the Department of Labor set lath in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (a any of its subcontractors) and the contacting agency, the U.S. Department of Labor, athe enpbyees or their representatives. 10. Cort19callm of eligibility. a By entering Into this contend, the contmdorcortirms that neither it (nor he or she) nor ary person or firm who has an Interest in he contractors farm is a person or Firm Ineligibhe to be awarded Goverment contracts by virtue of section 3(a) o1 live Davis -Bean Act or 29 CFR 5.12(aXl). b. No pad ofths contract shag be subcontracted to any person organ ineligible for award of a Goverrmantcontmd by virtue of section 3(a) of theDavis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for mailing false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACTWORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Fedaal-aid construction contract In an amount in excess of 5700,000 and shib)ect to the overtime provisions of the Contract Work Hours and Safety Standards Act These clauses shall be kusented in addition to the douses required by 29 CFR 5.5(a) a 29 CFR 4$ As used Infhts paragraph, the terns laborers and mecMrncs include watchman and guards. 1.0vortimorequlremoms. Nocontractororsubconhada contending for any pad of he contact work which may require or involve the employmert of laborers or mechanics shed] require or pean8 my such laborer or mochadc In any workweek in which he or ate Is employed on such work to work In excess of forty tours in such wadowak uriess such laborer of mechanic receives compensation at a mfo not less than one and onahalf tines the basic rate of pay for all haws waked in excess of forty ham in such wodmoek. 2. Violation, liability for unpodd wagon liquidated damages. In he event of any violation of the dause set forth in paragraph (1.)of this section, he comractorand any submNmctor rmponskie themfor shad be gable fathe unpaid wages. In addfon, such contmcta and subcodmolm shall be liable to the Linked Stales (n the case of work done under contract for the District of Columbia at a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shag be computed with respect to each Individual laborer or mechanic, including watchman and guards, employed In violation of the clause set forth in paragraph (1.) of this section, in the sum of S10 for each calendar day an which such individual was required or permitted to work in excess of the standard m*week of bay hours without payment of the overfina wages required by the deice set forth in paragraph (1.) of this section. 3. Withhok9 rig for unpaid wages and Iquidated damages. The FHWA a the cortacting agency shelf rpm It awn action or upon written request of an authorized representative of the Department of Labor wifmokl acause to be withheld, from any moneys payable on account of wok pafamed by the cortractoror subcontractor under and such contract or any other Federal contract with fine same prime contractor, or any other fedemlfy-assslad contract subject to the Corlied Work Fours and Safety Standards Ad, winch Is had by the same prime contractor, such suns as may be detennned to be necessary to satisfy any liabilities of such contractor a subcontractor fa unpaid wages and liquidated damages as provided In he clause set bath in paragraph (2.) of this section. 4.6ulocmtracts. The cmtmctor or subcontractor shag insert in mysubcontactstheciausm set fah in pemgmph (1.) through (4.) of this section and also a clause requiring the aubcontmctors to include these clauses in any lower flor subcantrects. The prime contractor shall be responsible for conp0arce by any subcontractor orlower la subcontractor with the clauses setfmh in paragraphs (t.) through (4.) of this section. P-25 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to at Faderal-aid construction cortracts on this Nalioral Highway System, 1. The contractor she] perfomi with its own organization contract work amounting b not loss than 30 percent (or a greater percentage A specified elsewhere In the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be pwil rmsd by subcontract and the amount of cry such specialty items performed may be deducted from the total original contract price before conpuing the amount ofwork required to be performed by the contractors awn organization (23 CFR 635.116). a. The term peffarm wOhk wi0h its arm organlzatiorr refire to workers employed or based by he prime contractor, and ogLip mart owned or rented by Ire prime contractor, with or wilhautaparators. Such term does not include employees or equipment d a suboontmcbror lower Oersuboonhactor, agents of the prime contractor, or any other assignees. The term my induct psymeris far the costs of hiring Wand employees from an employee leasing form mealing all relevant Federal and State regulatory requirements. Leased employees may only, be included in this tam if he prime contractor meats all of the fogowing conditions: (1)theprime contradormaintalre control overthe supervision of the day -today activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains as power b accept or exclude Individual employees from work on the project; and (4) if* prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, slatemants of compliance and all other Federal regulatory regulmmant& b.'Spaciatly dome shall becorstrued to be halted to work That requires highly specialized knowledge, aHlities, or equipment not ordnarly available in the type of contracting organizations qualified and expected to bid or prapossonlhe contract as s wNdk+and in general am to be Ilnlad to minor components of the ovemll contract. 2. The contract amount upon which the requirements set ford In pamgmph (1) of Section VI is computed Includes he cast of material and manufactured products which are to be purchased or produced by the contractor underthe contract provisions. 3. The contractorshal furnish (a) a competent superintendent or supervisor who is employed by fie firm, has fug authority to direct performance of the work in accordace wife he contract requirements, and is in large of all construction operations (regardless of who pedorms the work) and (b) such other of it worn organizational resoumes (supervision, management, and engineering services) as the contracting officer determines is necessay, to assure he performance ofthe contract 4, No portion of the contract shag be srblet, assigned a otherwise disposed of eocapt with to written consent of the coAracft officer. or sufdrized representative, ad such consent when given site" not be construed to relieve he contractor of any responsibility for the fulgtiment of he contract Written consent will be given only after the contracting agency has assured fiat each subcontract Is evidenced in writing and that it oamams all pertinent provisions and rewimments of Ire prime contract. 5. The 30% self -performance requirement of paragraph (1) Is not applicable to design-buld contracts; however, contracting agencies may establish their own seH-perormance requirements. VA. SAFETY: ACCIDENT PREVENTION This provision is applicable toall Fedaralke d croslruction contracts and In at related subcontracts. 1. In the porormance d ttiscontract the cortracta shell comply with all applicable Federal, Stale, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide an safeguards, safetydevicas and protective equipment a nd take anyolher needed actions as it datarmnes, or as the contracting of iGer may debmrine, to be reasonably necessary to proled the fire and health of employees on the job and the safely of the public and to protect property in conmclim with the pabrmance of fie work covered by he contract 2, it is a condition of this contract, and shay be made condAlan of each subcontract, which he contractor orders into pursuant to his cairact, that the contractor and any subcontractor shag nil permit any employee, in performance of the contract to work In surroundings or under conditions which we unsanitary, hazardous or dangerous to hisfher health or safety, as determined underconsbucilon safety and health standards (29 CFR 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Fours and Safety Standards Act (40 U.S.C. 3704} 3, Pursuant to 29 CFR 19263, it Is a corndtion of this contract that the Secretaryof Labor or authorized representative thereof, shag lave right of entry to my sate of contract parlor mance to inspector investigate the matter of compliance with the construction safely and heath standards and to carry out gar duties of he Secretary most Secgon 107 of the Contract Work Hours and Safety Stands ds Act(40 U.S.C.3704). VIA. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v I s i o n i s applicable to all Faderal•ad construction contracts and to all related subcontracts. In orderto assure high quality and durable construction in conformity with approved plans and specifications and ahigh degree of reliability on statements and represmtagors made by engineers, contractors, suppliers, and workers on Federal. ad highway protects, It is essential that at personsooncemed with the project perform their functions as carefully, thoroughly, and honestly as possible. Wilful falsification, distortion, or misrepresentation with respect In any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding he seriousness of these and similar acts, Farm FHWA-1022 shag be posted on each Federabaid highway proect (23CFR 635)in am ormo s places where it Is madly available to at poisons coneerrod with the project 16 U.S.C. 1020 reads as folaws: P-26 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) "Whoever, being an officer, agent, aemployee of the Urited States, or of any State or Territory, a whoever, whether a person, association. In. orcorponat on, knowkgty makes any false statement, false representation, "false report as to the character, quality. quantity, or cost o the material used a to be used, or the quantity or qua8yof thework performed or to be pefored, or be cost thereof in conredion with the silxn'sslon of plans, maps, specifications, contacts, or costs of earxilmdion on any highway or mlaled pro)ecl submitted for approval to he Secretary of Transportation: or Whoever knowngy makes any false statement. false representation, false report or false dam with reaped to the chamder, quality, it entily, err cost of any work performed a to to performed, or materials furnished or to be furnished, in connection with the corehs:tion of any highway or related prejad approved by the Secretary of Transportation; a Whoever knowingly makes any false slaiamenl afalse repiesentatlon as to maleral fad in any statement, cerfficate, or ration submitted pursuant to provision of the Federdaid Roads Ad approved July 1, 1916, (39 Slat. 355� as amended and supplemented; Shari be fined under this OW aimprisoned not more ban 5 years or bah.' IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and b all related subcontracts. By submission of this bWiereposal or he execution of this contract or subcontract, as appropriate, the bidder, proposer Federal -aid construction corhuactor, or subcontractor, m apprapnate, will be deemed to have stipulated as follows 1. Than any person who is or will be utilized in the performance of In* contract is not prohibited from mceiong an award due to a violation of Setlon 5D8 of he Clean Water Ad or Section 306 of he Clean Air Ad. 2. That he contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every sulacontrad, and further agrees to take such action as he contracting agency may direct as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to as Federal aid construction contends, design -build contracts, subcontracts, lowerntier subcontracts. purchase orders, dace agreements, consultant contracts or any other covered laeacfon requiring FHWA approval a that is eslimatedto coal $25,000 or more — as defined h 2 CFR Pads 180and 1200. 1. Instructions fa Certi ication —First Tier Participants: a By signing and submitting this proposal, the prospective first tierparticipars is providing the certification set out below. b. The inability of a person In provide fro centTmcaem set out below will net necessarly result in denial of participation in this covered Varmaction. The prospective first tiff participant shag submit an explanation of why it cannot provide the certFication set oil below. The certification or explanafon will be considered in connection with the department oragencys determination whether to enter into this transaction. However, failure of the prospective first her tatlicipant b furnish a certification or an explanation shall disqualify awh a person from participation in this transaction. e. The certification in this dance is a matedalrepresedation d fad upon which reliance was placed when the contracting agarcy determined to enter into his transaction. If it is later determined that be prospective participant knowingly rendered an emmierius certification, in addAion b other remedies available to be Federal Govermnent, he contracting agency may terminate this transaction for cause of default d. The prospective first tier Participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier paniripant looms that ils certification was erroncous when submitted or has become erroneons by mason of changed circumstances. e. The tam;'covered traeadiaL"debarred,` 'smpendetl"indigt*,""padicipad,"persal' 'principal,' and -voluntarily excluded,' as used in this clause, am defned in 2 CFR Parts 180 and 120D. 'Find Tier Covered Tennsactlons'ralen to any covered transaction between a grantee a subgrantee of Federal funds and a participant (such as fie prme or general contrite. 'Lower Tier Covead Transedlorn refers to arrycovered transaction under a First Tier Covered Transaction (such all subeorarads). 'Fist Tier PaNcpanY refers to the participant who has entered into a covered transaction wih agrant" or subgrantee of Federal funds (such as the prime or general catiractor). "Laver Tier ParfcparI* min any participant wild has entered Mo a covered transaction will) a First Tier Participant or other Lower T iar Participants (such as subcontractors and stppiers). f. The prospective first fie participant agrees by submitting this proposal that. should the proposed covered transaction be entered into. it 9nati not knowingly anlor kilo any tower her covered transaction wlb a person who is debarred, suspended, declared iridgbte, or vofun adly exluded Ian participation in this covemd transaction, udess authorized by the deparlment or agency entering into this transaction g. The prospective fret tier participant further agrees by sulbrrttiing this proposal that it will include the clause tiled 'Certification Regarding Deleamient. Suspension, Ineligibility and Voluntary FxctusbnLower Tier Covered Tmnsadims," provided by the department a contracting agency, entering into this covered transaction, withal modification, in all lower tier covered transactions and in all sdidla8ors for lower tier covered Van sacforx exceeding the E25.000 Brres od. h. A participant in a covered transaction may rely µnon a certiicatbn of a prospective, partiipard in a lower tier covered tmnsacfen bat is net debarred, suspended. ineligible, or voluntarily occluded from the covered transactlort unless it knows that lhecertificafon is erraeous. Aperfiipantis responsible for ensuring flat its principals we not suspended, debarred, orodierwise Ineligible to participate in covered laeactions. To verify the eligbity of is principals, as wall as the eligibility of any lower tier prospective participants. each participentmay, but is not required In, check he Excluded Palties List System websile LtpsJfwww. opts oowt which is compiled by the Generei Services Administration. P-27 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) i. Nothing contained in the foregoing shall be const rued to require the establishment of a system of records in order to render in good faith the certification regakedby this clause. The knowledge and idorrretion of the prospective participant is not required to exceed that which is normly possessed by a prudent person in the ordinary terse of business dealings. j. Except for uansadions sulhodzed under paragraph m of These InWu diorss, if a padlcpanl in a covered transaction knowingly enters into a lower tier covered transaction with a person who is auspended, debarred, indigble, or vduraarity excluded from participation in this transaction, in addition to other remedies available to the Federal Govemmed. the department or agency may terminate this transaction forcame a default. 2. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion —Firs) Tier Participants: a. The prospective twat her participant certifies to the best of is knowledge and belief, that and its principals: (1) Ant nel presently debarred, suspended, proposed for debarmmu, declared neigble, orvolunlarly excluded from padicipaang in cowed Imnsaetols by an/ Federal department or agency; (2) Fiwe rot wihn a three -yea period preceding tus Proposal beenconvicled of or had a cM judgment rendered against them forcommission of fraud ora criminal offense in connection with obtalring, a0empfog to obWn.w perfwmng apubic(FedemLStalewbal)tramaclonorc ItWunder a pubic transaction; violation of Federal orState antitrust statutes a commission of embezzlement thall, forgery, bribery, fastcation ordestmction of records,making false statements, orreceiving stolen property: (3) Are net presently indicted for or oMnwise criminally or citify charged by a govemmentai ertty (Federal, State or local) with commission of any of the offenses enumefaled in paragraph (a)(2) of this unification; and (4) flaw rid within a three yew period preceding this appialioNpmposal had we a more pubic transactions (Fedaai, State orlocal) temhnated ter cause or deati t. b. Where the prospective participant is unable to cedi fy to any of he statements n the ceNiatbn, such prospective participant shall attach an explanation to this puoposet, 2. Instructions for Certifution • Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactors regwmg prior FHWA approval or estimated to cost 525,000 ormore - 2 CFR Pars 180 and 1200) e Sy signing and submitting this Proposal, he prospective lower tier is providing the cerffation sel out below. b. The canilcelion in this clause is a material representation effect upon which reliance was pieced when this transaction was entered into. I If is later determined that the prospective lower bar participant knowingly rendered an erroneous carffiaim. n addition to other remedies available to the Federal Govemmert, be deparlmad. or agency with which ths transaction ongnaled may pumm available remedies. ipludng suspension and/or debarment. C. The prospective lower ber participant shall provide imnediatewritten notice to the person to which this Proposal is submitted if at any fare the prospective lower tier paricipa t learns thdb cefOfcabm was erroneousby reasoner changed circumstances. d. The tans 'covered transaction :'debarred: 'sueperdel: 'neigble. 'parfapenl,"'person: 'primipal,' ard'voludsrily extluded,' as used in this clause, ore defned h 2 CFR parts 180and 1200. You may conlecithe person to which thispmposal is submitted for assistance in chtaining a copy of those regulations. First Tier Covered Transactions' niters to airy covered transaction between a grantee a subgranee of Federal funds and a participant (such as 0e prime or gma al cardracp. lower Tier Covered Transactions' refers to any covered transaction under a FM Tier Covered Transaction (such as aAcadracts). First TierPar0clpad' refers to the partippad who has entered into a covered transaction with agrantee or subgrantee or Federal funds (such as the prime %general centacor). 'Lower Tier Participal' filters any participant who has entered Into a covered transaction with a Fast Tier Participant or ether Lower Tier Participants (such as subcontractors and suppliers) e The prospective lower her pargdpenlagran by submtticg that prcposel that. shoud the proposed covered transaction be entered into. it shall net knowingly enter into any lower tier covered transaction with a pawn who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department a agency with which this trmsactionwginated. f. The Prospective lover liar participant father agrees by submilting this proposal that it will ndude this clause titled 'Certification Regarcing Debarment, Suspension, ineligibility and Volurtary Exclusion -Lower Tier Covered Transaction' without rta0ifcalion, in all fower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the S25,f100 threshold g. A participant in a covered transaction my rely upon a cedtiafon of a prospective participant In a lower tiercovered transaction theirs not debarred, suspended, neigbfe, or voluntarily excluded from the covered transaction mien it knows that the rarlifpation is emon rcus. A perliolpart is responsible for ensuring Iner its principal; as not suspended, dabs med, a otherwlw ineligible to participate in covered transectiaa. To verify the eligibility of its pdndpah, as was as the eligibility of any lower fief prospective participants, each participant may. but is not required to, daclt the Excluded Parties List System websle rifles:/hvww.ads.00v/b which is compiled by the General Services Administration. h. No" contained In the foregoing shaf be construed to remare establishment of a system of scans in order to render in good faith the cedreafon required by fus clause. The knewiedge and irfometion of participant is not "ked to exceed that which is nwmaay possessed by a prudent person In M ordinary course of business, doings. i. Except for transactions authorized under paragraph a of these isttctorm, if a participant in a covered transaction krowYtgy, enters into a lower her covered transaction with a person who is suspended, debanad. inefgicle, or voluntady excluded frown parlidpafm in this transaction, in addition to other remedies available to the Federal Govemmed, the P-28 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) dapadment oragoncy with which this transactor, A inafed may pursue available remedus, including suspension andta debarment. CargNcatlon Regarding Debarment, Suspension, Noligibility and Voluntary Exclusion -Lower Tier Participants: 1. The prospectvo lower gorpadicipari coripos, by submission of this proposal, that refhari merits pdrelpals Is prosentty debanod, suspended, proposed for debarment. declared oelgUlo a voluntarily excluded from participating in covered transactions; by any Federal department a agency. 2. Where the prospective borer gar participant is unable to carlfy b any of the statements In this radtication, such prospectba participant shal attach an expianatlen to M pmposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is sppgmbo Just]Fademlaid construction contracts ardto all misled subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective porWicant certifies, by signing and submitting this bid or proposal, to the best of He or her knowledge andbele4 that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to cry parson for Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or ar poyee of Congress, or an employee of a Member of Congress in canedon wish the avadig of any Federal contract, the ma" of any Federal grart, the molding of any Federml Iron, the entering ido of any cooperative agrearnenl. and One extension, continuation, renewal, anencmenb or modifkationof any Federal contract, grant, loan, or cooperagvealimemart. b. f any funds other than Federal appropriated funds have been paid or vA be paid to any person for influencing a attempting to influence an officer a employee of any Federal agency, a Member of Cbngmss, an offices a employee of Congress, or as employee of a Merrbar of Congress in connection with this Federal contact, grant, kiss, or cooperative agmemort, the undersigned shal complete acl submit Standard FOmnLLL, 'Disclosure Fomn to Report Lobbying.' in accordaree With its iuhuctms. 2. This cerlTiralbn is a material representation of fad upon which refanco was placed when this transaction was made a artenadirto. Submissbnofthi3ca0fmgonisapremgtisbe for matting or entering into this transaction imposed by 31 U.S.C. 1352 Any prim whofails to No the requited wdlgcaton shal be sujact to a rid penalty of not less than $%000 and net mora than $100.000 for each such failure. 3. The pmspective participant also agmes by submitting its bid or proposal list the padoy:ari shall mquie that the Language of this certification be included in all borer her subcontracts, which exceed $100,000 and that all such reciports shal cerfrfy ant disclose accordingly. P-29 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Fedeml-aid projects funded under the Appalachian Regional Development Act of 1965. 1. owing the performance of this contract, the contractor undeda'king to do work which Is, or reasonably may be, done as on,sile wok, stag gkre preference to qualified persons who regularly reside h to lab" am as designated by the DOL whmain the contract worli is situated, "the subregion, "the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly malting in the anon am not availatile. b For the reasonable reeds of the Contractor to employ supewisory or specially experienced personnel necessary to assure an efficient execution of to contract work. c. For the obligation of the contractor to off" employment to pissed or former employees as he result of a lawful collective bargaining contract, provided that the number of rimrssidert priors employed under this subparagraph (1c) shall not exceed 2D percent of lie total number ofemployees employed by the contractor on Ihecontmctwork, except as provided in subparagraph(4) below. 2. The contractor shall place a job order with the Stale Employment SerWoe indicating (a) the classifications of 60 laborers, madanics and other employees required to porform the contract work, (b) the number o1 employees required in each dossllmbon, (c) the dale on which the participant estimates such amp'cyees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job Order foram. Tie jab order may be placad with the State Employment Service in wrift a by tolaphone, d dunng the couse Of the cmbact wok, he Infonnatim snbmilted by the contractor in the original job order is substantially modified, the participant shag promptly notify the State Employment Service. 3. The contract" shag give fug consideration lo all qualified job applicants referred to him by the State Enpoymant Service. The contracts is not required to grant employment to any job applicants who, in his opinion, we not qualidied to perform the classification ofwork required. 4. If, within one week following he placing of ajob orderby the contract"with the State Employment Service, the Stale Employment Service is unable to refer any qualified job applicants to or less than the number requested the State Employment Service will forward a certificate to the contractorindsating he unavailability of applicants. Such certificate shag be made a pert of the contradoespermanert poled racords. Upon receipt of this certificate, the contractor may employpersms who do not namely reside in the lab" am to fill positions oovemd by the cerfitcate, notwithstanding he provisions of subparagraph (1c) above. 5. The provisions of 23 CFR633.207(e) alaw he contracting agency to Provide a contractual preference for the use of mineral msoume materials native to the Appalachian region. 6. The contractor shall irekxle the pradskms of Sectors 1 through of this AtfachmentA In every suboerbact for worin which is, "reasonably maybe, done as on-sile wok. P-30 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Elecnor Belco Electric, Inc. proposed subcontractor hereby certifies that he has X , has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signed Title Firm Date Vice President Elecnor Belco Electric. Inc. May 19, 2020 P-31 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not x been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title Vice President Firm Elecnor Belco Electric, Inc. Date P-32 ofP-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signec Title Firm Date Elecnor Belco Electric, Inc. May 19, 2020 P-33 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) TITLE 49, CODE OF FEDERAL REGULATION, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signed Title Firm Date Vice President Elecnor Belco Electric, Inc. May 19, 2020 P-34 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,OOAand that all such sub -recipients shall certify and disclose accordingly. Signed Title Firm Date , John We Vice President Fleenor Belco Electric, Inc. May 19, 2020 • Standard Form LLL may be obtained from Caltrans and FHWA offices. P-35 ofP-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) DISCLOSURE OF LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES Afpe by oue Campy, this Porn to dmdose lobbying activities pursuant to 31 U_S.C. 1352 ik3aeaaua See reverse for pubnfic burden disdowre_ .Type of Federal Action- 2 Say.. of Federa4 Action: 3- Report Type: a_ corrtract �a- Udtotfer,'applica6om a. irW.1 filing b_ gram b. initial award b. manorial charge c. operatmre agreement c. pcstaward For Material Change Only: d- year qumEer e_ ban arantee dam of last report f I.,race 4. Name and Add s of Reporting Entity: 5_ M Reporting Entity in No_ 4 n a Sub , Erder Name ❑ prloo simanmare and Address of Prime: T ffknawn: C Sio w Dist, ifAwww: concovessi.1 Distract, ifk ww- b. Federal De!parft nUAgency: i_ Federal Program N crfption- CFdA. N¢mober, W fir"e: 8. Federal Action Number, tirknown- 9_ ward Arwu if knoum- S 10 a_ Name and Address of Lobbying Entity b_ Indav- Performing Services (vrcfudaag address i3 (rfind vdUall, fast name, orstnarsae. MJ)_ t Nc. 10ay name. name. A,}t"A' !cram coanm !+J/� �4 +APrsre a I1_ Amount of Payr ent gcheck aN duts appPy): 13. Type of Payment (check ! drat apply9: S ❑ aeetiul ❑ p ❑> wvftww ❑ Rorw-ilme tee ❑ c-coum,�,cm 12 Form of Payment 4.dreak aP that _ ❑ %ew+n ❑ deontlrvganttmr Elib_ 1—M spewity: na0H2 El9. dateri -j Ydwne Elt_ en:0 , ao?c : 11_ Brief Description of Se " s Pealorned ar to be Performed and Dates) of Service, vrdudmg officers employee(sj, or Mem sl conbcted, fo Payment Indicated m ftem 11: gram Cmoamuotra M!22j.^. F4 AX 15. ConS .l SF4LLLA attached: Lj You 5 nbure: sum ,.tio.�gr!Ka.r we.. wr.!n. e.waw. nor Pdnt Mame' .I011n AoriA �Y brwabf M tiCraq�✓♦'snl Y �if6 b TitJe' Vice Pr rat Telephone No_ 909-993-5470 Dam: 5/19/2020 Federal Use Only: at�mrtaca fx�r°dcum 7�11 P-36 ofP-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (I 87) INSTRUCTIONS FOR COMPLETION OF SF-LL, DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES TIME . maeae Ttnmslap Ge apn ,.lEdo'1u1e.rsmmng eni meal Fet)_waIneapanC.at 111E InA�mcr reaelp<Ramxaed me Palm,mam)alAmh9-1m,dpm_eYaaning,mI:fSILLmL ml aae 31U:.C_6edlm 13eliy Min gAaArmBIegG2dT«each payment«ayememiaeff pallmgl[b aly'IvmyNgetmty?a InI6lmarlg«al�mQmgT mml�nlYs 3nioAcer«empimyeE4adyaa ZF aillamR+ral l]mgTE66, am mlir�rpr emplayeem f_.el ace«anew,-IslralAfamt pele 6dm =t appy amw_meIrlu l Virg n. 0�111E ^.l W.1g led, Reldl M T,e Mptemalalbmlalme Te_ rl an Te lamn le!raW_g1a alxl BEM al' tans tl1a[ apply ivr txNM me Initlal Virg 31d maEtal GlalyE a�adm R.et fo nre rnplementlrng gunantP ptdla11ed hp Te:bllire mf M81ar}wrelR aA Fftkget farad Wfaral inhenallm. 1.':11mmy mle gWal meemd F¢mef.M alum wNllm l=,vying activity N armlet hm near cW'EdIDImmIrE°ece Ive a1.rlCprlle o1 a mh3 Fweli mart 2. :U&My tile al' 111E amrsea Federa atAan: 3. 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C11eck Ae appgpdGetaxle6/_ CAredt all bmte5ba[apply_ m paynnartis maa� tladltjl arz-• 11'MMd aalnMdWla't6pwyh Te natveand ualuespfiE tl9lif] pafnflei'n. 13f led mle app pmam b ee). Cl1erS all taxes Tan apply. R dltlar, spmq ratlE. 14. FYmltlea GPE all delak'tlmesalptlm'191me well Tal Me Mb)=tab peRamo<], w%fl., be E¢;xla,1l petm)mr4 Te d3"s6l Wang aerokg6 12AM901nnalwe all prEp3abyy alm le adNny. met 11 mne 641E In a'>mlMi C JX4 NAM Fe am M. liil I "NE Fem¢f•J Ap .:W,l « .p lyee;sl mllaitl-'a gar 11¢ TYSlxrjsl. enp(ap_elfil. or MemtleN61 ml Conye+,s fiat Mere oartaalel 15. Ciaxk N112VIer «lroA d �FiiLACmauaman Sileetl;EJ 53mdalrel. 16. TM1e [9tllylrkJ PAlya 6Ri1 Wtjl 8M die Ne famlt. pN'R M&TK ISarle, I aXD fek�ikxre nwnd3. AmL YgtOfie PaperYalYBiedadlonAG, 331 0MnopE45pA3mVeglQedlamspw,,M amlLCnm[R IdNdll3tld110nq_5fi idWpld15avalm{»�LG14a l9Nrmer. Tire veld 9M& mlhd mamba ror ihffi brlalalalTa nalleahm la 4JM6 @&k 63C8-%LW5. Pudn repnllig LvmlFrl ice Wtls WYeCJkSa 9f Inrollmabn 06 estlmaR*mia avawe m mnlfee per renpm6 Imiang tlme fir f ealmJ In6'6ad , woo" ea1611ng mina au . gia , 1'LJ altm Inanm ning the Vau aloaciem drlm mirp ourn ma f le.N11g 91e 4YEOA'YE 4R INarINOdt. .smut mrRIBIM oegaltII%f Vie WmkSl eGmale W arty dNEd aqp W TW m'M ^EtJcR Yr ArfpinlaTcn. dcAlmrg stygeGlpS Af 2NG11J MM bvlkaRtla Vie (X3Ce ff Matlg�tand Erl hpL PaFlalwwJr[ iLaITICUat PRtjE IP]3.V}gp95J. lYalklgb k ]M 2Cd13- P-37 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 25 k Installation of bikeway and traffic signal modifications on Edinger Avenue at Flower Street and Mcfaciden Avenue at Flower 3. Project Description: Street 4. Project Location: Flower Street 5. Bidders Name: Fleenor Belco Electric, Inc. 6. Prime Certified DBE: ❑ 7. Bid Amount: $711, 682.00 8. Total Dollar Amount for ALL Subcontractors: $203, 037. 00 9, Total Number of ALL Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials - Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount Furnish Traffic Signal Poles and 40540 TEK Services LLC Various Equipment 4749 E. Wesley Dr. 178,992.60 Anaheim, CA 92807 60% of $298,321.00 Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION 178,992.60 21. Local Agency Contract Number: ( ) 22. Federal -Aid Project Number: HSIPL 187 5063 23. Bid Opening Date: 25.1 % 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and 25. Award Amount. their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on 'SuWntractort"ed with your bid. Written confirmation of this form is complete and accurate. eac 5/28/2020 26. Local Agency Representative's Signature 27. Date 16 S na re 17. Date 28. Local Agency Representative's Name 29.Phone prearer's hn ne909-99i-5470 18.er's N e113 19. Phone 30. Local Agency Representative's Title Vice President 20. Preparers Title UIS I RIBU I ION: 1. Original - Local Agency 2. Copy- CaBrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. 3. Include additional copy with award package. ADA Notice: Far individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654- 6410 or TDD (916) 654-3880 or write Records and Fortes Management, 1120 N Street, MS-89, Sacramento, CA 95814. P-38 of P-52 5/28/2020 UCP Web Application - List Skip to Main Content Back To —Query -Form (lice nseForm.htm) Search Returned 1 Records Query Criteria Thu May 28 14:43:10 PDT 2020 Certification Types: DBE Firm ID: 40540 Firm ID 40540 DBA Name TEK SERVICES, LLC Firm Name TEK SERVICES, LLC Address Line1 5680 VAN GOGH WAY Address Line2 City YORBA LINDA State CA Zip Code1 92887 Zip Code2 Mailing Address 5680 VAN GOGH WAY Line1 Mailing Address Line2 Mailing City YORBA LINDA Mailing State CA Mailing Zip 92887 Code1 Mailing Zip Code2 Certification DBE Type EMail Contact Name Area Code Phone Number Extension Alt Area Code Alt Phone kim.tekserv@Gmail.com KIM KING 714 336-0536 Number Extension Fax Area Code 714 Fax Phone 694-0116 Number Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) Counties 19; 30; 33; 37; Districts 07; 08; 11; 12, DBE NAICS 423610, 423840; ACDBE NAICS Work Codes C0686 ELECTRICAL & SIGNALS SUPPLIER; C0600 MISC SUPPLIERS; https://ucp.cJot.ca.gov/querySubmit.htm 1 /2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location(s) as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. S. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - S: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Amount'). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE information - Good Faith Efforts of the LAPM). 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal -Aid Project Number - Enter the Federal -Aid Project Number(s). 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Award Amount — Enter the contract award amount as stated in the executed contract. 26. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 28. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 29. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. P-39 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EXHIBIT 15-H DBE INFORMATION — GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. HSIPL 5063 (187) Bid Opening Date May 27, 2020 The City of Santa Ana established a Disadvantaged Business Enterprise (DBE) goal of 25 % for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer's or bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement DBE Goal Met B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation TEK Services LLC 5/14/20 5/20/20, 5/27/20 Email, Phone P-40 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to met or exceed the DBE contract goal. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item (Y/N) Items M Of Contract Furnish Electrical N Various $298,321.00 41.9% D. The names, addresses and phone numbers of rejected DBE finns, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: DBE Goal Met Names, addresses and phone numbers of firms selected for the work above: TEK services LLC 4749 E. Wesley Dr. Anaheim, CA 92807 (714) 336-0536 E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: DEE Goal Met F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: DEE Goal Met P-41 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) H. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Method/Date of Results Agency/Organization Contact DBE Goal Met H. Any additional data to support a demonstration of good faith efforts: DbE Goal Met NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. P-42 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) — PART I PART The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Local Assistance Procedures Manual Bidder's List Exhibit 12-B Exhibit 12-B Bidder's List of Subcontractor (DBE and Non -DBE) Part I As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Pleasemgisterat:https://www.dir.ca.gov/Public-Works/Contractor-Registration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each subcontractor who will perform work amounting to more than one half of one percent (0.50%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: HSIPL-5063(187) Submatractor Name and Location line Item & Description subcontract Amount Percentage of Rid Item Sub- contracted Contractor License Number DBE (Y/N) D9ECen Number Annual Gross Receipts Dill Reg Number 1�^� Name: Sm YISA'1 �WL.L�1G 11 �r ✓ I LI L Z -3 nI - 2,- ���s 33/5co � � I t� sib ❑ <$5"111on ❑ <$5 million cdy, State: cr,11 �,,� 1" ),,-, ltlo ❑ <510 million 515million Ageof Firm: rs. Name: Y 5 ( I b 6Vi Ott `41040 /� /' / G/�� ` L ❑ 1$1 million Cry, State: h�,> L ,L L1hk rr�1)I:rl ❑ <$5 million 100 �'(F million million : yrs. Name C t Cyr Zvi S'�hlN�j 1521534 y �. Z� 3 uIGUO `s,� illion City. State tELJj dlli[c millionmillion : ynName:dilion City. State: ❑ 1$5 million ❑ <$lD million ❑ 4$15 million Age of Firm: yrs. Name: ❑ <$1 million City. state: ❑ <$5 million ❑ <$10 million ❑ <$15m1111on Ageof Firm: _yrs. Name: LJ <$1 million City, state: 45 mullion ❑ <$10 million ❑ 415 million Ageof Firm: Distribution: 1) Original -Local Agency file 2) Copy-DLAE w/Award Package Page I of 2 January 2019 P-43 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND NON -DBE) — PART II PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Local Assistance Procedures Manual Bidder's Exhibit 12-B Exhibit 12-B Bidder's List of Subcontractor (DBE and Non -DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provided a quote or bid but were not selected to participate as a subcontractor on this project Photocopy this form for additional firms. Federal Project Number: HSiPL-5063(187) Subcontractor Name and Location tine Item description subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number OBE (y/N) DBE Cert Number Annual Gross Receipts DIN Reg Number Name: ❑ <$i million ❑ <$5 million City, Statc ❑ <$10 million ❑ <$15 million Ageofnrm: _yrs_ Name: ❑ 4$1 million ❑ <$5 milion ty, State: ❑ <510 million ❑ <$15 million Age of Firm: yrs. Name: ❑ <$1 million c$5 million City, State ❑ <510 million ❑ <$15 million Age of Farm: yrs. Name: Cl <$1 million ❑ <$5 million City, state: ❑ Qto million LJ 615 million Age of Finn: yrs. Name: ❑ <$l million ❑ <$5 million CRY, State: ❑ <$to million ❑ <$15 mi Ilion Agenf Firm: yrs. Name: LJ 1 million — <$5 million City, State: ❑ <$IC million 4$i5 million Age of nme yrs. Distribution: 1) Original -Local Agency File 2) Copy-DLAE w/Award Package Page 2 of 2 January 2019 P-44 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, orjudicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncor Signed Title Firm Date Fleenor Belco Electric. Inc. 19,2020 P-45 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) EXHIBIT 16-B —SUBCONTRACTING REQUEST Local Assistance Procedures Manual Exhibit 16-B CONTRACrORNAME COUNTY ROUTE Fleenor Belco Electric, Inc. San Bernardino BUSWESSADDRESS CONTRACTNUMBER 14320 Albers Way CITY AND STATE ZIPCODE FEDERAL -AID PRO Cr NUMBER Chino, CA 91710 HSIPL-5063(1i87) A. SUBCONTRAC OR B. BID ITEM C. PERCENTAGE OF D. SHE LISTED E. CERTIFIED F. DESCRIBE WORK G. DOLLAR AMOUNT (Name, Business Address, Phone) NUMBER(S) BIDITEM AT BID TIME DBE WHEN LF%THAN BASEDONTHEBID SUBCONTRACTED 100% OF WORK LS AMOUNT SUBCONTRACTED Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ I certify that: • The Standard Provisions for labor set forth in the contract apply to the subcontracted work. • if applicable, Form FHWA-1273 of the Special Provisions has been inserted in the subcontracts and should be incorporated in any lows{ -tier subcontract. Written contracts have been executed for the above noted subcontracted work. n Contractor Signature , John Wone I Date Mav 19.2020 This section is to be colete by thUesdentcn&eer. 1. Total of bid items2. Contractor must perform with (line 1 X contract req. %) 3. Bid items previously subcontracted (taken from previously approved 16-B) 4. Bid items subcontracted (this request) 5. Total bid items subcontracted (line 3 plus 4) 6. Balance of work contractor to perform (line I minus 7 5 Approved RESIDENT ENamEER'9 SIGNATURE D.A I F Copy Distribution: Unginal-Contractor Copy- Resident Engineer Copy- UBEO- smallbusinessadvocateradoot ca. oovv or fax to (916) 324-1949 Page 1 of 2 January 2018 P-46 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) Local Assistance Procedures Manual Exhibit 16-B Subcontracting Request INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All first -tier subcontractors must be included on a subcontractor request. Before subcontracting work starts, the contractor will submit an original CEM-1201 for approval according to the Standard Specifications. After approval, the RE returns the original to the contractor and complete the remaining distribution as listed on the bottom of the form. D. If subcontractor was listed at bid time per the Fair Practices Act, check yes, otherwise check no. E. B subcontractor is a certified DBE contractor, check yes, otherwise check no. F and G. When a portion of an item is subcontracted, describe the portion and show the percentage of the bid item and value. G. When an entire item is subcontracted, show the full bid item value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS OF SUBCONTRACTORS AND UDBE, DVBE OR SMALL BUSINESS ENTITIES. Page 2 of 2 January 2018 P-47 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: Signed Title a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Engineer's Investigation and Decision Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both Vice President Firm Elecnor Belco Electric, Inc. Date May 19, 2020 P-48 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title Firm Date Vice President Elecnor Belco Electric. Inc. P-49 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSTPL 5063 (187) NEPA COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Categorical Exemption/Categorical Exclusion Determination Form including and not limited to the National Environmental Policy Act (NEPA) requirements and environmental commitments found in the appendix of the Contract Documents of this project. Signed Title Firm Date Vice President Elecnor Belco Electric. Inc. May 19, 2020 P-50 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) TMP COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Traffic Management Plan (TMP) commitments found in the appendix of the Contrpetpocuments of this project. Signed Title Firm Date Vice President Elecnor Belco Electric, Inc. May 19, 2020 P-51 of P-52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REOUREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.ot-iz/pwa/documents/CWA.pd The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appeapns Attachment M to the CWA. Signed Title Firm Date Vice President Elecnor Belco Electric, Inc. May 19.2020 P-52 of P-52 Recorded in Official Records, Orange County MAYOR Miguel A. Pulido MAYOR PRO TEM Vincente Sannlenlo COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman A. Rayne Sal Tinaiero Hugh Nguyen, Clerk -Recorder NO FEE a$ R 0 0 0 8 2 8 9 6 3 5 $ 201685000336 8:47 am 04/12/16 323 304 Z01 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 vnvw.santa-ana.org NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: Cityof Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza W20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Flower Street Bicycle Lanes Date of Approval: 07/05/2016 Project Number(s): PWA-2016-371-CITY Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER-2016-40 Project Description: Construction to install bicycle lanes along Flower Street from Civic Center Drive to Warner Avenue with bicycle detection. Installation of protected, left turn arrows will be included along Flower Street at McFadden Avenue and at Edinger Avenue. Applicant Name: Zdenek Kekula, City of Santa Ana Public Works Agency Applicant Address: 20 Civic Center Plaza M-43 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Kekula, Zdenek `i ff Exempt Status: P ❑ Ministerial (Sec. 15268) F � L E ty..e (+) S T E ❑ Declared Emergency (Sec. 15269 (a)) • ❑ Emergency Project (Sec. 15269 (b through e)) APR 2016 APR 12 2016 ❑ General Rule (Sec. 15061(b)(3)/(5)) 1 2 ❑ Statutory Exemption: ORANeddOUNTYCLERK-RECORDER DEPARTMENT HIIGHNGUYEN,CLERK-RECORDER • Categorical Exemption: 15301(c) BY, (,_DEPUTY BY. �� DEPUTY Reason(s) Why Project is Exempt From CEQA: 15301(c) consists of the operation, repair, maintenance or minor alteration of existing public facilities such as streets, sidewalks, gutters, bicycle and pedestrian trails. City Contact: Zdenek Kekula Telephone: (714)647-5606 ( r Signature: !� f R-v7t...�rr-2 Title: 0-12 -aAa'rnfi�l Date: SANTA ANA CITY COUNCIL Miguel A. Pultdo Vincente Sarmienlo Michele Martinez Angelica Amezcua P David Benavides Raman Reyna Sal Tinalero Mayor Mayor Pro Tem. Ward i Ward Ward Ward Ward Wald MPurdo0sanla-ana.o1e VSannientorndsantaanaorg MMartinezgDsanta-anaomAAmezcuagDsantaanaora DB d lM t RR na ta- SJ, - ,M te- California Newspaper Service Bureau® Daily Journal Corporation Public Notice Advertising Since 1934 Tel 1-800-788-7840- Fox 1-800474-9444 Local ORrn and Re oenetadvee in: Lov Maelee, Sanm.Am San Oiego, Riva.idelsan Berardino, S. Fraaniem, 0ak1aM, San low. Sauamenra Special Senviaee Available in Phoenu DECLARATION I am a resident of Los Angeles County, over the age of eighteen years and not a party to any or interested in the matter noticed. The notice, of which the annexed is a printed copy appeared in the: ORANGE COUNTY REGISTER On the following dates: May 6 & 13, 2020 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Los Angeles, California, this 13th day of May 2020 AI�k Signature Debbie Verkes 3362564 "Die only Public Notice which is justifiable from the standpoint of1rue economy and the public interest, is that which reaches those who are affected by it" Rev. W15Daily loumalCamm>,ion,915R FimSlRe%L sMeeks. A90012 lip11111111111111111111111111111111 p11111111111111p1 * A 0 D 0 0 D 5 4 2 8 2 1 8* CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 17-6897; Change Order Number 1 Flower Street Bikeway [IHSIP 5063(187)] _ To Elecnor Belco Electric Inc, Contractor You are hereby directed to make the herein changes from the plans and specifloatlons or do the following described work not Included In the plans and specifications on this contract. NOTE; THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Revised traffic signal pole at north-west corner of intersection of AGREED PRICE = Edinger Avenue and Flower Street per PCQ#02 $1 5577.76 2. Install additional striping and traffic loops along Flower Street from AGREED PRICE = Warner Avenue to First Street per PCO#04. $48,807.96 TOTAL AGREED PRICE = $60,385.72 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 17-6897, Change Order Number Flower Street Bikeway [HSIP 5063(187)] To Elecnor Belco Electric Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment a actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation set forth in this change order comprises the total amount due to contractor for the scope of work authorized herein based on estimated quantities. The total final amount due for this change order will be based on actual quantities of work performed per the described and itemized listing of work that this change order is based upon. Compensation for work performed by this change order shall cover all costs including work by Contractor, all Subcontractors, and all Suppliers. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 50,385.72 By reason of this order the CONTRACT TIME completion will be adjusted as follows 30 non-compensable working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 7/21/21 Contractor Elecnor Belco Electric Inc. By Title Qe Alberto Garcia, President/CEO tit Approval recommended by 1I V a 17 . Date �'! Z zi ? oZl UBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by (� Date 4 �I CITYMANAGER Page 2 of 2