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HomeMy WebLinkAboutR. J. NOBLE COMPANY (3)REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 7, 2010 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 14 (PROJECT NO.106730) AND COOPERATIVE AGREEMENT CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED q- l-/D, 23 A X As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $5,047,312 for construction of Residential Street Repair Phase 14. 2. Approve a Funding Analysis with a total estimated construction cost of $6,052,100. 3. Authorize the City Manager and the Clerk of the Council to execute the attached Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) in the amount of $351,100, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION This is last phase of the City's Residential Street Repair program to rebuild neighborhood streets throughout the City. Segments of local streets located in citywide neighborhoods have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, cross gutters and curb ramps are in various states of disrepair and require replacement. The project utilizes the most cost-effective, innovative, and environmentally sound technologies, including recycling of existing asphalt pavement with Cold-In-Place recycle (CIR) and Cold Central Plan Recycling (CCPR) process, and cement treated base (CTB) reconstruction process. The project provides for reconstruction asphalt pavement and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the neighborhoods. Contract Award For Residential Street Repair Phase 14 and Cooperative Agreement September 7, 2010 Page 2 The Notice Inviting Bids was advertised on July 7 and 9, 2010, and bids were opened on July 28, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 1 Contractors requesting bidding documents: 12 Bids received: 4 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. R.J. Noble Company Orange $5,047,312 2. All American Asphalt Corona $5,069,069 3. Excel Paving Company Long Beach $5,179,402 4. Hardy & Harper, Inc. Santa Ana $5,333,000 A total of four bids were received and all were responsive. The lowest bid was submitted by R.J. Noble Company, for $5,047,312, which is below the Engineer's estimate of $5,624,800. The cooperative agreement provides for the Redevelopment Agency to fund a portion of the costs for the construction and rehabilitation of public improvements within the Merged Project Area. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010-73 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $6,052,100 for the project (Exhibit 2). Funds are available in the Public Works Account for Residential Street Repair (accounting unit 05817661-66220) and in the South Main Tax Allocation Bond Series 2003A Capital Projects (accounting unit 55218830-66220). APPROVED AS TO FUNDS AND ACCOUNTS: pop Raul Godin II Executive Director Public Works Agency ? ?, Z ?k\ qt, . ?, %!x A, ?\ ?? - Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Contract Award For Residential Street Repair Phase 14 and Cooperative Agreement September 7, 2010 Page 3 Cynthi J. Nelso Deputy City Manager for Development Services Community Development Agency RG/ET Exhibits: 1. Project Location Map 2. Funding Analysis 3. Cooperative Agreement FUNDING ANALYSIS PROJECT NO. 106730 RESIDENTIAL STREET REPAIR PHASE 14 Construction Contract $5,047,312 Contract Administration $135,975 Inspection and Testing $249,895 Survey Staking $114,187 Contingencies $504,731 TOTAL ESTIMATED CONSTRUCTION COSTS $6,052,100 Exhibit 2 m ?("//ME?MOORY LLNN? ?q'S'(??y 7? UUG 4 1 ?1Y I ?l Um ??O 4T ? oo?® ?? FADDEN AV ?E e O G i .ur ? d s 'a © _ a i R ® S 17TH ST ? f j V .r d? K wnr n SCHOOL Ftlv g ? E (FAODEN AV ( ?. ?nnr r ?? A?AW'?71 LEGEND PROPOSED IMPROVEMENTS S/0 MCFADDEN AV. E/0 BRISTOL ST yACARTHUR BLVD EXHIBIT 1 `. SANTA ANA CITY COUNCIL CONTRACT AWARD FOR ¦ p WA AGENDA DATE: RESIDENTIAL STREET REPAIR SEPTEMBER 7. 2010 PHASE 14 KaI[ WORKS AGENCY (PROJECT NO. 106730) Y 10 FUNDING ANALYSIS PROJECT NO. 106730 RESIDENTIAL STREET REPAIR PHASE 14 Construction Contract $5,047,312 Contract Administration $135,975 Inspection and Testing $249,895 Survey Staking $114,187 Contingencies $504,731 TOTAL ESTIMATED CONSTRUCTION COSTS 16,052,100 Exhibit 2 COOPERATIVE AGREEMENT FOR STREET REHABILITATION PROJECT (PHASE 14) THIS COOPERATIVE AGREEMENT is entered into this _ day of September, 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNESSETH A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The Agency desires to contract with the City for the City to provide for the construction and rehabilitation of public improvements projects which, in this case, will consist of the street resurfacing and curb, gutter and/or sidewalk rehabilitation of the following streets within the Merged Project Area: 3rd Street from Garfield Street to Breeden Street and Breeden Street from 3"d Street to 4d' Street, as well as Hutton Centre Drive from Sandpointe Avenue to Hutton Centre Drive (included within Phase 14) Street Improvements (Project No. 106730). Such work will be referred to hereinafter as "Publicly Owned Improvements" in connection with the Agency's redevelopment activities within the Merged Project Area C. The Agency is willing in connection with the provision of such Publicly Owned Improvements by the City, to pay for a portion of the total rehabilitation costs of such Publicly Owned Improvements. D. The City has initially paid or will initially pay for said Publicly Owned improvements on the condition that the Agency contribute to the costs of such rehabilitation work on the Publicly Owned Improvements. NOW, THEREFORE, the parties hereto do mutually agree as follows: SCOPE OF WORK The City will be contracting with the lowest and best bidder to perform Phase 14 of the Street Improvements pursuant to plans and specifications to be prepared by the City. Phase 14 of Project 106730 includes reconstruction of asphalt pavement and replacement of damaged concrete 1 curbs, gutter, sidewalks, cross gutters, and curb ramps on Streets referenced above in Recital B (the Publicly Owned Improvements). The Agency shall contribute to the rehabilitation of the Publicly Owned Improvements in an amount not to exceed Three Hundred Fifty One Thousand One Hundred Dollars ($351,100.00), with the breakdown of project costs as shown in Exhibit A attached hereto and incorporated herein. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned Improvement rehabilitation work set forth in Section 1. The amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the city. 3. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the City as set forth in Section 1 hereto. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA By David N. Ream City Manager ATTEST: Maria D. Huizar Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By: Cynthia J. Nelson Executive Director By: Lisa E. Storck Assistant City Attorney/Assistant Counsel ORANGE COUNTY REPORTER - SINCE 1921 - 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Residential Street Repair Ph 14 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 07/07/2010, 07/09/2010 Executed on: i At Los Anciel Ca I certify (or declare) under penalty correct. / This space for filing stamp only OR #: 1895253 NOTICE INVITING BIDS 7/7,7/9/10 OR-1895253# NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works A enc Fourth Floor Rlion ece on or a ore the hour of 200 p.m. on lfednesday July 28, 2010 sealed bids andror proposals for RESIDENTIAL STREET REPAIR RECONSTRUCTION - PHASE 14 PROJECT NO. 106730 (Work includes excavation, asphalt concrete pavement, replacement of damaged curb, gutter, and sidewalks, installation of traffic detector loops, root shaving of existing trees, utility adjustments, signing, and striping.) Notice is hereby given BIDDERS that in accordance with the provisions of the California Labor Code, not less than the prevailing rate of per diem wages for each craft or type of worker and mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workers employed. Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. The signature of the BIDDER on the bid bond MUST be notarized. The City Council reserves the fight to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class A Contractor's license prior to the scheduled award date of this contract. The time for completion of this contract is 100 working days for all projects in this contract. Liquidated damages of $5,000.00 per calendar day for construction not completed within 100 working days from the effective date of Notice to Proceed. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. Corn fete sets of the Plans and f oeci'cations will be furnished upon a lication to the Public Works A enc the regoi is true and First Floor 20 ivic Center Plaza Santa Ana alifornia 92701 hone 714 647- 5680. There is a 24.53 charge (non- reTundable) for these Specifications, plus a $14.42 additional fee if mailed. Make checks payable to the City of Santa Ana. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. II?IInAIVIAIIIIVVIIII11nVIIIIIN?IYIYVIN?IIAR r Ts-I J O co N O Q U 0 X Q 01z O 0 Z z N Q UN ?x? Q Q N_ - U? IL o m o Z Z Z z d a wzv U < 0Q ?W zQ _Ul - _ > z Wo y -a? U! _ Z J U N . LL1 N O N Q cc z aQ w Z a W N O w O N Ln l0 Q J 0 Z O 0 W Z - 00 N W cc cr- a LLJ cr D Lw w Q H cl Q p v a m CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-36) SANTA ANA, CA 92701 EMAIL TRANSMITTAL COVER SFIEET DATE: July 27, 2010 i = :ALED PROJECT SUBJECT: ADDENDUM NO.: 1 NO.: 106730 CITYWIDE PROJECT RESIDENTIAL STREET REMARKS: PAGES ATTACHED: 4 NAME: REPAIR`- PHASE 14 UPON RECEIPT OF ADDENDUM, SCAM RLINGA@ NTA- PL€ASE REPLY VIA EMAIL TO: ANA.ORG NOTE: Please Include the following information In the email. I HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: 1 PROJECT NO.: 106730 (CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 COMPANY: R.J. NOBLE COMPANY PRINT NAME: CHRIS PAGE DATE: JULY 27, 2010 TITLE: ASSISTANT SECRETARY MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCII_MEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero July 25, 2010 ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana. California 92702 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL. Maria D. Huizar SUBJECT: PROJECT 10-6730: CITYWIDE RESIDENTIAL STREET REPAIR PHASE 14 The following changes have been made to specifications of the subject project: Specifications 1. Page BP 1 of 15, BP 2 of 15, and BP 3 of 15 have changed. Please replace with the attached pages BP 1 of 15, BP 2 of 15, and BP 3 of 15. 2. Page 3 of 3 of Appendix H "AC Improvement Tables and Typical Sections" has changed. Please revise with the attached Page 3 of 3. All other terms and conditions including the bid opening date and time remain the same. FOR THE CI OF SANTA ANA George Alvarez City Engineer Attachment (4 pages) ADDENDUM NO. I CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO. 10-6730 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, 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), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation* CY 7,000 $ .gyp $ z ., 2 Remove Excess Pulverized CY 16,000 $ -1. 9U $ 1-2 6 4,Co . °a Material* t 3. AC Pavement* TN 44,000 m? $ 5'N5-. $-2 L 5- 0? 4 Cement Treated Base (CTB) SF 080,000 mV- 1 $. (1 r 9 r f $Gb • tf (Condition 1) * , 5 Cement Treated Base (CTB) * SF 720,000 $ 0,3 7 $ 2 ?o Sc?. co (Condition 2) 6. Portland Cement* CY 2,000 $ I I P• 7 0 $ 2Z I4C0,00 7 Crush Miscellaneous Base CMB * TN 2,000 $15,00 $ ob ? ?• ) ( r 8. Cold Milling 2.5" * SF 300,000 $ $ siZ , 66 8a. Cold Milling Variable (0"-1")* SF 100,000 $ ()'36 $ , 3 r 9. Pavement Fabric* SF 300,000 $ $-???" ' 10. 2" Cold In Place Recycling (CIR)/ Cold Central Plant Recycling SY 15,000 $ a . 3 2 00 . 04160 (CCPR) *t 11. 3" Cold In Place Recycling (CIR)/ Cold Central Plant Recycling SY 22,000 $ $? ??Z . ?u (CCPR) *t TO BE INCLUDED IN BID PACKAGE BP 1 of 15 ADDENDUM NO. 1 CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO. 10-6730 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 12. Remove 6" Failed Pavement Section* SF 30,000 $ • 3 00 $?. 13. Remove and Replace PCC Curb Ramp SF 3,000 $ 11-:21 $ ea (T=4") * 14. Remove and Replace PCC Driveway " * SF 2,000 $7, 01 66 (T=6 ) 15. Remove )* and Replace PCC Sidewalk SF 10,000 $? $? . 16. Remove and Replace PCC Cross SF 2,000 $ . y $22, Q . Gutter 17 Remove and Replace PCC Curb & LF 2,000 $ y,7. S? $ 9 -(gyp, bd ? Gutter (A-2-6) * ? 18. Remove and Replace PCC Curb (B-1) * LF 1,000 $ o? B, 90 $kX, 19. Remove and Replace Local Depression* SF 500 $ 1l, 90 $ 5 - T_ 20. Grind PCC* LF 1,000 $ / t 3 S $.-/1,?0 21. Brick Pavement*j SF 1,400 $ 3G?, ?D 60 $ ?f? 8. 22 Adjust Manhole Frame and Cover to EA 24? $ ?`.??'. $10 Z * Grade _ - ,? 23 Furnish and Install Water Valve Frame EA 330 $ 25-O . so $ Ok and Cover to Grade* _ 24. Root Shave* EA 150 s-153" db $ o?t qS-0• oG 25. Furnish and Install Traffic Loops*t EA 106 $ 177. $ lZ 7U. ?b 26. Signing and Stripingt LS 1 $ $? Go 27. Tie-Out and Reestablish Survey M * EA 150 $ 2(1 $`_-D D , " onuments 28. Railroad Track Removal' LS 1 $ b? TOTAL BID--------------------------------------------------------------------------------- $_57 Oq7 312, TO BE INCLUDED IN BID PACKAGE BP2of15 ADDENDUM NO. 1 CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO. 10-6730 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. PROJECT NO. 10-6730 CITYWIDE RESIDENTIAL STREET Firm REPAIR - PHASE 14 BIDDER R.J. NOBLE COMPANY Address 15505 E. LINCOLN AVE ORANGE, CA 92865 Phone(s) 714-637-1550 BIDDER Signature CIS PAGE, ASSITANT SECRETARY TO BE INCLUDED IN BID PACKAGE BP3of15 CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE, 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; %2% of the bid or $ 10,000, whichever is greater - Buildings, parks, or other projects: '2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: _??35 I nC NAME-: ?%V NAME LOCATION 01pnq,T [? LOC,ATION /11/l.•rG. CA PHONE PHONE 011??'??_:?- 1 TYPE OF WORK 1 $ (77,3 . TYPE OF WORK .Z-.S_? 6CO t. NAME p rof, ?,t1 AME LOCATION -4h f Un k ? OCATION PIIONE w6(r - _ - S PHONE - TYPE OF WORK $ 7 9, iff7 "'TYPI; OF WORK NAME S DLO JurVel NAME LOC'A'TION LOCA"PION PHONE C 71 $ `1 PHONE TYPE OF WORK W_131?t _ ?Z, 21- ,0, "'TYPE, OF WORK NAME n 1 NAME LOCATION LOCATION PHONE /yam PHONE - TYPE OF WORT{ _ lr-n.a- TYPE OF WORK J? NAMT: 1 -l G? NAME 44? ((Z LOCATION i PHONE. 7 TYPE OF WO R.J. NOBLE C( Name of Fir X ..1 Urr1.Z? - __ ? ANY C? Qn nitting 13id Si _ur? of BIDDER MICHAEL J. CARVER, PRESIDENT LOCATION _ PHONE '. 60 TYPE OF WORK TO BF. INC'LUM"D IN I3fD PACKAGI- BP 4 of 15 CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projec ts: !/?/o of the bid or $ 10 000 whichever is greater , , - Buildings, parks, or other projects_ 1-'2°/0 o f the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK - --- - - $- - TYPE OF WORK $ NAME NAME LOCATION LOCATION PI IONE PHONE TYPE OF WORK ---- - S- - TYPE OF WORK NAME NAME LOCATION LOCATION _ PHONE PHONE TYPE OF WORK _--------_--_- $_-- TYPE OF WORK $ N A M I NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE: OF ?k ORK $ NAME: NAME LOCATION LOCATION PHONE PHONE - -- TYPE OF WORK ---.___ -__ $-__----- -- TYPE OF WORK $ R.J. NOBLE CO ANY ----- ------ Namc of Fir itting Bid X Sir tire of BIDDER MICHAEL J. CARVER, PRESIDENT BP4 of 1 5 TO 131 ; INCLUDED [N I3ID PACKAGI-: CITY OF SANTA ANA CITYWIDE RESIDENTIAI. STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 tier signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his 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) days (excluding Saturdays. Sundays and AGENCY'S legal holidays), 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, that 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. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of 'VI rm R.J. NOBLE COMPANY Sigmaturc of 131 DD1=.R X Title MICHAEL-J..-CAR' PRESIDENT (if an individual, so state) TO BE INCLUDED IN HID PACKA(IF BP5of15 CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (if a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President. Secretary, Treasurer and Manager, thereof.) R.J. NOBLE COMPANY, A CALIFORNIA CORPORATION MICHAEL J. CARVER, PRESIDENT; CRAIG PORTER, VICE PRESIDENT; STEVE MENDOZA, SECRETARY; JAMES N. DUCOTE, TREASURER Awarded torl All on the basis of lowest responsible and m3ponsive bidder in the amount of $ ACTION OF COUNCIL: Date" ?,G 20 ?. ATTEST: ------------------ ` = - CLFRK OF THE COUNCIL APPROVED AS 1'O FORM: CITY ATTORNEY ACCEPTED FOR THE CITY OF SANTA ANA: EXEC "TINVSF PUBLIC WO(C Y TO BE INCL UDED IN RII) PACKAGE BP6of17, CITY OF SANTA ANA CITYWIDE. RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL. AND CONTRACT AGREEMEN"T CERT11-1CATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifics as follows: I . 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 arc 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 ctnployment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed b_v or on b,,half 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%shc 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 11216 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 anc the Secretary of Labor for purposes of' investigation, to ascertain compliance with such rules, regulatfjons, 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 riles, regulations, or orders, the contract may be canceled, tenninatod, or suspended in whole or in part and the Contractor may be declared ineligible for further Govcmjj'nent contracts or federally assisted construction contracts in accordance with procedures authoriz9?1J 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 rder of'thc Secretary of Labor, or as otherwise provided by law. !?I k F TO BE INCLUDED IN BID PACKAG .; 13P7of' I ll CITY OF SANTA ANA CITYWIDE, RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 7. The Contractor shall include the portion of the sentence immediately preceding paragrap ) (1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase- order unless ex0 opted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Exec, rtive 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, inchl ding sanctions for noncompliance; provided, however, that in the event the Contractor becomes involv?d in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering,: agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, aid 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 stattrs, or sex of such persons, except as provided in Section 1420, and any contractor of public works violjiting this Section is subject to all t4p penalties imposed for a violation of the Chapter. Signed }( ? "I'itle MICHAEL J. CAR PRESIDENT Firm R.J. NOBLE COMPANY Date JULY 28, 2010 TO 13F. IN(-LtJDI.D IN I311) PACKA(d, BP8of15 CITY OF SANTA ANA CITYWIDE RESIDENTIAL. STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL, AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CER'fIFICA7'ION As required by California Labor Code Section 1860 and 1861, the Contractor certifics as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employe to be insured against liability for worker's compensation or to undertake self-insurance in accordance w th the provisions of the Code, and I will comply with such provisions before commencing the performa ice of the work of this contract. If 1, as the Contractor, now or at any time during the course of this agreement, quality as an em Moyer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons exclu ?d by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my wc, rkers' compensation insurance carrier certifying that I carry such insurance and that the policy shall of be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed Title MICHAEL J. CARVER. PRESIDENT Firm R_I_ NORI,F. COMPANY Datc JULY 28, 2010 BP 9 of 15 TO BE: INCLUDED IN 131D PACK,V._'jt; CITY OF SANTA ANA CITYWIDE RESIDENTIAL. STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers tier three public agencies for which BIDDER has performed similar work within the past two years. 1. CITY OF HUNTINGTON BEACH, P.O. BOX 784, HUNTINGTON BEACH, CA 92648 Name and Address of Owner. DAVE VERONE (714) 536-5221 Name and Telephone Number of person familiar with project. $33,875.549.75 _ 2006-07 ARTERIAL REHAB. _ 12/07 - 06/09 Contract Amount Type of Work Date Corriplcted 2. CITY OF MURRIETA, ONE TOWN SQUARE, MURRIETA, CA 92562 Name and Address of owner. TOM NOWAK (951) 304-2489 Name and Telephone Number of person familiar with project. $1,298,906.95 _ STREET IMPROVEMENTS 12/07 - 06/09 _ Contract Amount Type of Work Date Completed J- COUNTY OF RIVERSIDE, P.O. BOX 1090, RIVERSIDE, CA 92502 Name and Address of owner. STAN DERY (951) 955-6742 Name and Telephone Number of person familiar with project. $4,628,247.70 STREET IMPROVEMENTS 02/08 -_10/08 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. STONG SURETY INSURANCE SERVICES, MIKE STONG (951) 343-0382 / (951) 343-1219 4850 ARLINGTON AVE.. STE B. RIVERSIDE. CA 92504 TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, (909) 612-3000 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765-8512 VIII TO BF. INCL.UDF-:D IN fill) PACKAGI? BP IOofl? ', CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL. AND CONTRACT" AGREEMENT BIDDER'S 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: I 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 affec' ed. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated 41 the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeyme I or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprentices ip Council. Signed X I'itle MICHAEL J. CARV Firm R.J. NOBLE COMP Datc TT It v')R 101 n BP I I of 15 TO B>; tNCLIJI)L D IN BID PACKAGE: CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC. WORKS In accordance with Title 23 United States Code Section 1 12 and Public Contract Code 7106 the BID ?)F,R 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! ham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or an one else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any ma lncr, directly or indirectly; sought by agreement, communication, or conference with anyone to fix the bid )rice of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of treat 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 tnze; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, oi- the contents thereof" or divulged information or data relative thereto, or paid, and will not pay, any fee to, any corporation, partnership, company association, organization. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non--collusion Affidavit. BIDDERS are cautioned that r iking a false certification may subject the certifier to criminal prosecution. Signed X State of California County of ORANGE MICHAEL J. CARVER, PRESIDENT Subscribed and sworn to (or affirmed) before me rnn this 28 clay of JULY 2010, by MICHAEL J. CARVER proved to Inc on the basis of satisfactory evidence to be the person(s) who appeared before me. 1 a Aai?y Pr`tl ]c Signature ? f Jennif r De Iongh N ?ENIEER DE IONGH Commission # 1771186 -oso Notary Public - California Z Orange County ¦7 t+!ry '_ Of m. Expires Oct 28, 2011 Notary Public Seal TO 13F. INCLUDED IN 1311) PACKAG I3P 12 of 15 CITY OF SANTA ANA CITYWIDE RESIDENTIAI, STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL, AND CONTRACT AGREEMENT BIDDER'S STATEMENT_RFGARDING "ANTI-KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by the documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as stipplemen the Department of Labor regulations (29 (-'F'R, Part 3). This act provides that each contras subcontractor shall be prohibited from inducing, by any means, any person employed in the constri or repair of public work, to ive up any part of the compensation to which he/she is otherwise entitl Signed X( e f- - Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date JULY 28 2010 BP 13 of 15 TO BE INCLUDED IN BID PACKAU CITY OF SANTA ANA CITYWIDE RESIDENTIAL STREET REPAIR - PHASE 14 PROJECT NO 10-6730 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the follow true and correct. Contractor's Name: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORA Telephone: X14 637-1550 Statc Contractor's License No. and Class: Expiration Date: Signed: Title: MICHAEL CA 92865 2010 A-782908, CLASS A PRESIDENT TO BE INCLUDED IN BID PACKAGE 13 P 14 of 15 Pp TO 13E INCLUDF,D IN fill) P BP 15 o± 15 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF Hartford, Connecticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, R. J. NOBLE COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surely, I called the Surety, are held and firmly bound unto CITY OF SANTA ANA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 107 OF BID ), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by i presents. WHEREAS, the Principal has submitted a bid for RESIDENTIAL STREET REPAIR RECONSTRUCTION PH 14 (106730) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddir Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to ei such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good, contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, other to remain in full force and effect. Signed and sealed this 22nd day of JULY ,2010 . R.J. NOBLE COMPANY (witness) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) _B4 I f MIC AEL D. STON (Alto tr4n-1 !4 Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. &I#CQ C. (tl7A7) of or CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 07/26/2010 before me, Date personally appeared JENNIFER DE IONGH, NOTARY PUBLIC MICHAEL J. CARVER Yr?,??tP- - - - s ,;ENNIFER DE IONGH Commission # 1771186 & ; ?0Tr' f Not^ry Public - California z z Orange County It x t xnm. Expires Oct 28, 2011 --- - - - - - - - - - - - Place Notary Seal Above WITNESS my hand and oficial seal. who proved to me on the basis of satisfactory evidence be the persono) whose name,(a) is/a;& subscribed to tl within instrument and acknowledged to me th he/she4hey executed the same in his/l kleir authoriz( capacity(ie?, and that by his/hor4haip signature;(K on tl instrument the personA, or the entity upon behalf which the person(,$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the la, of the State of California that the foregoing paragraph true and correct. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to perso 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer - Title(s): O Corporate Officer - Title(s): ? Partner - ? Limited ? General _ _ ? Partner - ? Limited CI General Attorney in Fact • ? Attorney in Fact Top of thumb here ? Trustee Ll Trustee Top of thumb here CI Guardian or Conservator El Guardian or Conservator F3 Other: ? Other. Signer Is Representing: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402- www.NationalNOtaryorg Item N5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On before me. R. NAPPI "NOTARY PUBLIC" (Here insert name and title orthe officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persola(,g'f whose name(ofislam subs ribed to the within instrument and acknowledged to me that he/sheA4jey executed the same in his/4eri44tek authorized capacityfie4 and that by hisAwxAboir signature(on the instrument the persons or the entity upon ehalf of which the person(sracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing aragrt is true and correct. R. NAPP WITNESS my hand and official seal. 63 COMM, #1791,916 NOTARY PUBLIC -C IFORMA RIVERSIDE COU TY My Comm. Expires J 7, 2012 Signs ure of Notary Pub/ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ? Individual (s) ? Corporate Officer (Title) ? Partner(s) ? Attorney-in-Fact ? Trustee(s) ? Other INSTRUCTIONS FOR COMPLETING THIS FORM And, acknowledgment completed in California must contain verbi a esaclh as appears above in the notary section or a separate acknowledgment omt must be properly completed and attached to that document. The onh, exc ption is if a document is to be recorded outside of California. In such insances. try alternatire acknowledgment verbiage as mar be printed on such a document long as the verbiage does not require die notary to do something dot is illegal r a notaq, in California (i.e. certihnng the authi rfzed capacity of site signer). P! a check the document carefully for proper notarial wording and anach this form t quired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowle gment. • Date of notarization must be the dale that the signet(s) personally peared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears wi in his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e tae/sheAhey is /are ) or circling the correct forms. Failure to correct) indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudg s, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file wi the office of the county clerk. Additional information is not required but could help t ensure this acknowledgment is not misused or attached to a different document } Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i,e. CEO, CFO, Secre ). • Securely attach this document to the signed document 2008 Version CA PA v12,10.07 800-873-9865 «-%vw.NotaryClasses.com TRAVELERS G: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company o America United States Fidelity and Guaranty Company Attorney-In Fact No. 222079 Certificate No. 003677922 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul ercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the S ate of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Bivereide , State of califomial , their true and lawful A omey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company (f America United States Fidelity and Guaranty Company C?SUq y?FE 6 STN INS •." SNg?A,'w„t PTV ANO C? p ?,oo'PaM1"i Ci $ w?OnPDRAirD a' .'Nip` (,tpPP?RA?i;?m lv``GOaPORgTE?R,? u ?'a? ? 1 9 8 2 O ` 19]7 } 9 z --- . n : a XARrFORD, < XARfFOR0. r1 Z cECT ; 1951 ?' SEAL,io: SEAL,'a° CoXN. o° >oow+e Y ?a ?` \\ bey ' ?? ,? ?ro'u ?m:,mF tS .MN? r..........'a bt •p State of Connecticut City of Hartford ss. By: Thompson, On this the 20th day of May 2010 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized office S#A% In Witness Whereof, I hereunto set my hand and official seal. 7 My Commission expires the 30th day of June, 2011. Mane C. Tetreault, Notary 58440-4-09 Printed in U.S.A. THE RED BORDER MAYOR ' Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS AL P. David Benavides Carlos Bustamante Michele Martinez Vincent Sarmiento CITY OF SANTA ANA Sal Tinaje ro PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 (714) 667-2700 - Fax (714) 973-1461 www.santa-ana.org NOTICE OF EXEMPTION CITY M ANAGER David 1 4. Ream CITY AT TORNEY Joseph W. Fletcher CLERK F THE COUNCIL Maria D. Huizar From the Requirements of the California Environmental Quality Act ( TO: COUNTY CLERK/County of Orange FROM: City of Santa Ana P.O. Box 238 Planning & Building Agency Santa Ana, CA 92702 20 Civic Center Plaza Santa Ana, CA 92702 PROJECT TITLE: Residential Street Repair DATE OF DECISION: August 2, 2010 PROJECT NUMBER(S): 10-6730 ER NUMBER: ER-2010-73 PROJECT LOCATION: East of Bristol Street CITY: Santa Ana COUNTY: Orange DESCRIPTION OF THE PROJECT: Local Street pavement rehabilitation for existing local streets east of Bristol Street. Project will involve asphalt concrete, coldmilling, sidewalk, curb ramps, cross curb and gutter. NAME & ADDRESS OF APPLICANT: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 5 NAME OF PUBLIC AGENCY APPROVING PROJECT: City Council NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Public Works Agency EXEMPT STATUS: ? Ministerial (Sec. 15268) ? Declared Emergency (Sec. 15269 (a) ) ? Emergency Project (Sec. 15269(a)&(b) ) ? General Rule (Sec. 15061(b)(3) ) ? Statutory Exemption: State Code number ® Categorical Exemption: State class and section number: 15301 REASON(S) WHY PROJECT IS EXEMPT FROM CEQA: Project involves improvements and 1 existing right of way street facilities. CITY CONTACT PERSON: Hally Soboleske TELEPHONE NO: (714) 647 SIGNATURE: DATE: TITLE: Associate Planner the vicinity butters, and Ibilitation of MEMORANDUM Paul Walters To: Interim City Manager uBrc: October 3, 2011 Raul Godinez II, Executive Director From: Public Works Agency REQUEST FOR APPROVAL OF CHANGE ORDER N0.1, Subj¢¢f: PROJECT N0.10.6130 15505E.OincalnAvenue Orange, CA 92856 Project Description: Residential Sheet Repair-Phase 14 Change0rderNumber, 1 Amourd: $97,790 Axount Un?0561766f Account: 66710 Activity: 10673001028 OriginalConhactCosl $5,041,312 Contractor RJ, Noble Company Wo of Original AmounloiThe Change Ortler: $91,790 1.9°h Previously Ap?oved -0• A• Change Orders TotalChange0rders: $97,790 1.9°k REASON FOR CHANGES The contract documents require the replacement of damaged bricks of roadway entrances on Santiago Street south of 201h Street and Edgawood Slrael east of Main Street in the Park Santiago neighborhood. At the reques! of the neighborhood, the entire roadway entrances were reconstructed with colored concrete. Prior approval for this change order was granted on May 25, 2011. Project 10130 RFA Change Order No.1 Odober3, 2011 Paget r w Raul GodioeZ, II Executive Director PublicWodCSAgency APPROVED AS TO FUNDSAND ACCOUNTS, I Frarwisce Guliemez ?0 Exenutive Director Finance and Management Services Agency PflOJ ECi51C01697371 RFh C01 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONiPPCTCHRNGEGRGER Pioj2of NumN[ PROJECT N0,10.6130; RESIDENTIAL STREET ChaqeOde[Num6a[ REPAIR-PHASE 14 To RJ Noble Company CooNat[ You are h¢iahy tl1?1¢tl la m?¢ the h¢rei? ah?g¢s Imm ih¢ earls and sp?N'uafmns a do ih¢ iNhviog tl¢?hbed work oof IoNu?tl to N¢ plans ?d sgedfCtioosooNlsmofre?, NOiE,iNISCIWNGEOR?ERISNOiEffECiIVEUNTIIPPPROVEnBYTHEGIVCOUNCIIORCIiYMpNNGER, Unless oNa?isa slal¢d, ialas lo??aofal of apu?maol mu¢i only such Ilma assquipmaof?sa?uallyosaharN ooaOaNaocewBl6¢mada(w ICaVma. Chaaga reiuas?e? by Puauc WoaKS Ar,FUrv EXTRA WORKATAGREED PRKE Remove eaisfing brink and Consfru?f Lilhoolefe ooloretl oooorefe on Santiago Avenue antl Edgewootl Road per PCO #4. AGREED PRICE _ $97,790 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANCE ORDER PnopctNumdar PROJECT NO 10.6130', RESIDENTIAL STREET ChangeOiderNoxi t REPAIR-PHASE 14 To RJ Noble Company Camrauor NOTE,iNISCHANGE ORDER ISN01EffECiNEUNidPPPROVECBVTHECITY 000NCIICRCITYMANAGER. Uolassothamiseslated,ateslo???lalofaquipmaNmve?oolysud?tlmaasa?uipmaotlsalual[yucedandoaalloaaocewill6ama?lorldlafima, CharOamquaslad6y PUBLICWORKSAGENCY You ue hemhy d'um1¢tl to make Iha herein ohangos ham He plans and spedhoallaoa m da Na lollmuiog dasmiixd woM col lodud2d to Iha bans and sxddops on His Vile, The compensation both Time and cost set (odh 'm this foal change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work By signing this final change order, the Contractor acknowledges and agrees on behalf of hlmseff, all Subcontractors, and all Suppliers, that the stipulated rAmpensafion includes payment for all work contained In this final change order, plus all payment for'mterruption of schedules, ezientled field ouerhead, home office ouerhead, profit, delay, and all impact, fipple effect or cumulative Impact on all other work under this Contract. The sigdmg of this foal change order constitutes full mutual accord and satisfaction (or all changes and work performed on this project, and that the time and cost paid per this foal change order constitutes the total equitable adjustments owed the Contactor, all Subcontractors, and all Suppliers for all work performed on this project. The Contactor on behalf of himself, all Subcontractors, and all Suppliers agrees tc waive all rights, without exception or reservation of any whatsoever fo file any (unher claim related to this project. totAtaosrrHisrHaaor?oaa, ?caEase $ ..... maaeasE $ 97790 ByreasoaofthlsordarihaCONTRACiTIMEcomplehoowilldeadjusladasfollows; None. Wathauodarsbo?mohacfoihavegiveoaaieNlmoaidaralloololhaohaogep?cposelacdha26yagrea,aNlsprap?INappmud,malw¢uAlpmuidaN[ aquipmaol,fumiahallmalartats,ecceplasmayolharAsaheoolada6cvgaodpsdoimalts?viceoares?rylo?NawoiNawaspaoHl?,aodwi0xrzplasNlf pay?ltha?e<oimepd?showoabcve. ooaaama RJ Noble Company dale Appouad 6y CINMPNNGER Data Q ? ' ?? Page2oi 2 Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder III IIII 11111111111111111111 III ?1111 ?1111 11111111111111 III III NO FEE *$ R 0 0 0 4 9 1 9 6 3 4$* 2012000359844 9:11 am 06/26112 10 414 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a F 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 of CITYWIDE RESIDENTIAL STREET REPAIR PHASE W° 14 under contract entered into on SEPTEMBER 7, 2010, with R.J. NOBLE COMPANY, on c7 o which contract TRAVELERS CASUALTY AND SURETY COMPANY is surety. The property NO on which such work improvement was placed is in the City of Santa Ana, County of Orange, U o State of California, and described as Project No. 10-6730 located at: VARIOUS LOCATIONS. M F The work improvement on said property was accepted as completed on JUNE 15, 2012. oW z A Z CITY G ANTA A' , A MUNICIPAL CORPORA'T'ION o by 7 xo v v Dated: Y Interim City Engineer Wo TITLE F- Z Q ------------------------------------------------------------------------------------------- C as °a VERIFICATION W x I, the undersigned, say: I am the Interim City Engineer 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 y , at Santa Ana, California L/ ( IAUMA-k-?- (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 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR - PHASE 12 (PROJECT NO. 10-6718) ,r~ //fj CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED 02/01/2010 BAs Recommended X3,8 ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add- on alternate one in the estimated amount of $2,929,195 for construction of Residential Street Repair - Phase 12. 2. Approve a Funding Analysis with a total estimated construction cost of $3,515,000. 3. Approve an Appropriation Adjustment recognizing unanticipated revenues and reimbursements from tenants at the Santa Ana Regional Transportation Center in the amount of $76,950 in various revenue accounts and appropriating $76,950 to pay for parking lot surface repairs (accounting unit 06718870-62320). DISCUSSION This project is part of the City's ongoing commitment to rebuild neighborhood streets throughout the City. Segments of local streets located in neighborhoods north of McFadden Avenue and east of Flower Street have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, cross gutters, and curb ramps are in various states of disrepair and require replacement. This neighborhood project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Bid alternate one provides for re-establishing the survey monuments. Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the neighborhoods. • . Contract Award For Residential Street Repair - Phase 12 February 1, 2010 Page 2 Included in the project is parking lot pavement repair at the Santa Ana Regional Transportation Center (Exhibit 2) To obtain the lowest possible price, this repair was included in the scope of this project at a cost of $76,950. To allocate funds for this repair, an Appropriation Adjustment (AA) is needed. The AA recognizes $73,450 from unanticipated rent revenues at the Transportation Center and $3,500 in reimbursement from A White and Yellow Cab Company for their portion of the repair costs. The Transportation Center pavement is deteriorating due to weather, age, and heavy usage of taxi and buses. This portion of the project provides for construction of new asphalt pavement at two entrances/exits. The Notice Inviting Bids was advertised on November 23 and 25, 2009, and bids were opened on December 17, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 15 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY TOTAL BASE BID PLUS ADD ON ALTERNATE ONE 1. All American Asphalt Corona $2,929,195.00 2. Hardy & Harper, Inc. Santa Ana $2,967,375.00 3. R. J. Noble Company Orange $3,097,880.50 4. Elite Bobcat Service, Inc. Corona $3,106,957.00 5. Imperial Paving Co., Inc. Santa Fe Springs $3,171,670.00 6. Excel Paving Company Long Beach $3,339,395.00 A total of six bids were received and all were responsive. The lowest base bid plus add-on alternate one was submitted by All American Asphalt, for $2,929,195, which is below the Engineer's estimate of $3,142,240. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009-181 will be filed for the project. • Contract Award For Residential Street Repair - Phase 12 February 1, 2010 Page 3 FISCAL IMPACT The appropriation adjustment will enhance The Depot's Operations revenue accounts (accounting units 06718002-53802, 06718002-53809, 06718002- 53820, 06718002-53819, and 06718002-57990) by $76,950 and increase the appropriation account for M & R Building and Grounds (accounting unit 06718870-62320) to pay for the Transportation Center repair. The funding analysis shows a total estimated construction cost of $3,515,000 for the project (Exhibit 3) The remaining funds are available in the Public Works Account for Project Restore (accounting unit 05817661-66220), and the Proposition 42 Fund (accounting unit 02817660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Executive Director Public Works Agency /O' ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency K:\construction\RFCA-draft\10-6718 100WD ~;~ i 3 z a L F 119 E PM% IN S ~ ~I I' ^ I' 01OVENBNT ST I ~ ~ ~I d ~J $ RV ~ ` IELIOTRBPE ON (n Illful''~ Ill~u\III I11ullll ^ IUI ®ii ~ ~~Y B~.J~ TN RMB( eLVO A ~ © ~ p sr eEE 7 ~ BT ~ eo~, ~ o ~ s"NTR awa "v I I ~ ^ O J SANTA CLARA AV L v BMIT9 awu 9V ' ` ~ °1FifJ1L0 c o Rv c " Rv Rv RY~a Rv ~ Rv a N s ~ ~ ~ ~_a Nv~ pp~ ~ Y ~ ~ S Z 'S~ T IIL9 "v FONTa" "v N " _ r"Liwi Si GTRLI " LN 21ST BT 21ST 8 L 24TH BT ~ ~j TN ST _ ~ EMIT" T f 1' S 19TH ST S Q j TN Si ' ®~ ® Z ` t9TN z 19TH S ~ 6 TN ~J J a i 1 N 9T x N Yijf 1 7THp ST ~ ~ ~ i)TN sT ®m ~ S.. 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B ®~ o ~ ~ fE9 ~ ~mm~nmmr~Ql~ ~~ ~~®~~ DEBT WI T EL G E N D ] ~ YMEN BT ~ PROPOSED IMPROVEMENTS ln® HUNTER RY ® SANTA ANA REGIONAL TRANSPORTATION CENTER EXHIBIT 1 SANTA ANA CITY COUNCIL CONTRACT AWARD FOR P W A AGENDA DATE RESIDENTIAL sTREET REPAIR u FEBRUARY 1, 2010 RECONSTRUCTION PHASE 12 PUBLIE BaES R~IET (PROJECT NO. 106718) <NT51 • (NTS7 LEGEND - PROPOSED IMPROVEMEPfTS SANTA ANA P^ CITY COUNCIL V AGENDA DATE FEBRUARY 1, 2010 PUBLIC MUMS AGENCY EXHIBIT 2 CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR RECONSTRUCTION PHASE 12 (PROJECT NO. 106718) • FUNDING ANALYSIS PROJECT NO. 10-6718 RESIDENTIAL STREET REPAIR - PHASE 12 Construction Contract $2,929,195 Contract Administration $52,885 Inspection and Testing $150,000 Survey Staking $90,000 Contingencies $292, 920 TOTAL ESTIMATED CONSTRUCTION COSTS X3,515,000 Exhibit 3 ORANGE COUNTY REPORTER -SINCE 1921 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 /Fax (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: Mid-City Neighbrhd Impr & Edinger Ave Imprv I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of Califomia, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, t0-Wit: 12/14/2009, 12/16/2009 Executed on: 12/16/2009 At Los Angeles, California I certify (or declare) under penalty ofiperjury that the foregoing is true and correct. ~ J ~-~ • This space far filing stamp only OR #:1756367 NOTICE INVRING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at Ciry Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, Califomia 92701, the Public Works A enc Fourth Floor Reece tlonl~at on or a ore t e our of 2 00 p.m. on Wednesday, January 6, 2010 sealed bids and/or proposals for PROJECT NO. 10-7554; Mid-Ciry Neighborhood Improvements (west of Bristol St.) 07-7577; Edinger Ave Improvement from Mohawk St. to 400' e/o Mohawk St. Notice is hereby given BIDDERS that this project is funded with CDBG-R and CDBG money, and that the rate of wages for each craft or type of work or mechanic employed under this contract shall be as specified under the current determinations of the De rtment of Labor as r wired under t avts- con ct. ere a lscrepancy ewsts etween ederal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. Fach bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an anaunt not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. The algnature of the BIDDER on the bid bond must be notarized. The Ciry Council reserves the dght to reject any or all bids. The successful BIDDER must possess or obtain a valid Califomia Class A Contractors prior to the scheduled award date of this contract. The Disadvantage Business Enterprise (DBE) goal for this project is 1.67%. The Underutilized Disadvantage Business Enterprise (UDBE) goal for this project is 2.22%. These percentages shall apply to the cost of the entire project. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or the third low bidder, it must be submitted and received by the administering agency no later than the time specified in the Federal Requirement Appendix F. The time for completion of this contract is 75 working days. Liquidated damages of $2,100 per working day shall begin following the completion of the first 75 working days after Notice to Proceed is issued. Substitution of secudties for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. refundable) for these Plans and Specifications, plus a minimum $14.42 additional fee if mailed. Make checks payable to the City of Santa Ana. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 12/14, 12/16/09 OR-175fi3671i Com lete sets of the Plans and Decifications will be furnished upon application to the Public Works Aaencv First Floor Ross Annex Com lex 20 ivic enter Plaza M-93. anta Ana California 92701. phone (714) 647-5660. There is a $24.53 charge (non- u~uid~iuiaiiiuiiiuiii~umuuruuuuiuuii . ... CITY OF SANTA ANA • Addendum No. 1 RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All (~mPVi cuv~ Solna(-~- REQUIREMENT: The undersigned declares that he/she has carefully exa mined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, 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), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation* CY 700 $ ~~.LSi0 $ al-{q o~l~ 2. Remove Excess Pulverized Material CY " 10 100 $ o~G` $ Z (~C~J (1.5 )* , , 3. AC Pavement* TN 21,000 $ ~~ $~+Q(`~~- 4. Pulverized Material and Cement * SF 2,173,000 $ . ~ $~(~~ (j- Treated Base (CTB) _ _ , 5. Cold Milling* SF 9,000 $ ~ • ~~ $ l~ ~j~ 6. Remove and Replace PCC Curb Ramp SF " 530 $ ~1 e ~~ $ ~j~ (.Q~J~ (T=4 ) 7. Remove and Repla* e PCC Driveway SF 290 $ ~ . 02 ~ $ ~- ~~~~ Approach (T = 6 ) 8. (~ ,~ ove and Replace PCC Sidewalk SF 7 400 $ • ~ ~ $ ~q ~ ~ }~ , 9. Remove and Replace PCC Cross SF * 1 600 $ l a. ~ U $ (~ ~~ (~ Gutter ' 10. Remove and Replace PCC Curb and LF 1 700 $ ~ ~. 3G $ ~ ~ ~ !C) Gutter (Type A-2-8)* ' TO BE INCLUDED IN BID PACKAGE BPlof14 • • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 Addendum No. 1 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 11. Remove and Replace PCC Curb LF 20 $ ~ ~9 $ ~ ~ l~ (Type B-1)* 12. PCC Bus Pad* SF 1,400 $ ~ U. ~~ $ ~~~ oZJ~ 13. PCC Grinding* LF 200 $ ~, ~y $ ~ ~yy- 14. Adjust Manhole Frame and Cover to EA 192 $ ~C~~ $ q ~~~ Finished Grade* 15. Furnish and Install Water Valve EA 284 $ ~~ $ (~.~ Frame and Cover* 16. Adjust Traffic Pull Box to Finished EA 2 $ ~{ ~~~ $ ~(.~ Grade* 17. Furnish and Install Traffic Loop* EA 54 $ ~ ~~ $ ~ 1 ~U~ 18. Root Shave* EA 57 $ a~~ $ ~~~~ 19. Signing and Striping' LS 1 $ ~~~ $ ~5O0~ 20. Remove and Replace PCC Pavement* SF 400 $ ~ ~ $ ~ a (~(.~ 21. Pavement Fabric* SF 9,000 $,~~ $ ~~~-1C~ TOTAL BID------------------------------------------ ----------- ---------------- ------------ $C~a~.C~ ADD ALTERNATE I 22. Tie-Out and Reestablish Survey EA Monuments TOTAL ADD ALTERNATE IBID------------- TOTAL BASE BID + ADD ALTERNATE IBID------- ---=--------------------------- $ ~ ~ 5 ~~ ------------------------------- $ ~. ~ t ~f ~ . ~'~ TO BE INCLUDED IN BID PACKAGE BP2of14 ~J • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 The lowest responsible bidder shall be selected based on the low Total Base Bid. The AGENCY reserves the right to award the Base Bid, and any, all or none of the alternate Bid Items. * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the " 25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the AGENCY reserves the right to increase or decrease the quantity of this item accordingly. ~ This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. PROPOSAL & CONTRACT AGREEMENT PROJECT NO. 106718 BIDDER RESIDENTIAL STREET REPAIR Firm ~ ~ c~ oVn (-~- RECONSTRUCTION - ~`~ ~~~ ~ ~~-~ • PHASE 12 Address P,p, [~~~aaq C~r,~.~_q~7 ~ - a 2L~Pi Phone(s) ~q 5 ~ -J 3 to-~ locxj BIDDER y Signature ~~~~~~ ~~i ~ d\ E/1-~- ©b~-+ 3r~. eyi~V-~~e d • TO BE INCLUDED IN BID PACKAGE BP3of14 • • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; `/z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: '/z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME ~~~, S'~Y t ~ ~ ~ NAME LOCATION ~'`~2t. LOCATION PHONE ~~ ~~ (~~ -- ~5~ PHONE . TYPE OF WORK :~tYi $ 'YS ~ C~ ~ • TYPE OF WORK $ NAME V ~- ~ -~f'.~.e ~ ry~ t:~- NAME LOCATION pra, _ LOCATION PHONE ~-( a `~ ~ - ~C 3 PHONE TYPE OF WORK i'l }~-Shli u~- $ j ~~~ TYPE OF WORK $ NAME ~,C(~ - ,p1~J ~~ - NAME LOCATION S : .Q. % E~ ~.!-e, LOCATION PHONE ~~ 2.(y)~sa - ~ ~ PHONE TYPE OF WORK ~(',-~P~.(~~n'~C $ IU,S~r3~- TYPE OF WORK $ NAME ~Gl1~.t2~'~' ~ ( ~~' S' S. NAME LOCATION ~ , ~ ~,~ LOCATION PHONE ~ 1 ~- ~t~'1 / PHONE TYPE OF WORK ~ U f ~ ~~z~-e $ (~1 /`1 ~~- TYPE OF WORK $ aC G¢9-~t~..'H-~ ~~".~ ~ NAME NAME LOCATION PHONE TYPE OF WORK A v' s -~- Na~,of Firm Sub ' ting Bid ~ i~/~ - ~ ~ . Signature of BIDDER ~" Ro~a°v~r ~xadle~, Vick c LOCATION PHONE TYPE OF WORK TO BE INCLUDED 1N BID PACKAGE BP4of14 • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 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) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), 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 lbond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that 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. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm Prl\ Am,ovi ~~n Asnlnao.l-~- Signature of BIDDER Title ~(i C ~P ~~~;i r~~Vl~ (if an individual, so state) • TO BE INCLUDED IN BID PACKAGE BPSof14 • CITY OF SANTA ANA • RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Hl~ ~mc°vi r-~'1 ~SP~'L2~'~- CorPt~rct~-ID~ 11Z4h T). ~vi5PYY1~ Pr~i~Ei/l~F- ~1 t-u T~~~r~Y ~~~ ~ Awarded to~~y~~~ ~ ~ baS18 ~ IOweSt ~~~~ ~ ~ ~~ ACTION OF COUNCIL: bidder in the amour-t of a ~. • ~ '1 ~~ Date ,-r~'`\~:,~ ~> ~ ,;~ 20 /(~ ~_, ,, ATTEST: ~:., CLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPTED FOR THE CITY OF SANTA ANA: ~, - ~ / / ~_ ITY ATTORNEY EXECUTIVE DI CTOR PUBLIC WORKS AGENCY • BP6of14 TO BE INCLUDED IN BID PACKAGE • • CITY OF SANTA ANA • RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. • 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies ® invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. TO BE INCLUDED IN BID PACKAGE BP7of14 • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 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. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. ~' .-~ ~ ~'_~'~' Signed ,/~~-~r~, ~_% D1 R~v~- ~'rQd l ~ ~/ Title ~/ 1 C ~P P~ , p~.{- Firm A"`~ Am~v~ ccrt~ AS~yv~ ~+ Date Dp~~~joy ~ 5~ ~ /gOq r~ TO BE INCLUDED iN BID PACKAGE BP8of14 • • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. /~//ice ~/ /_ f Signed ~/ 1~L~~ ~~~~.•~~~ _ `./K4bc~v+ 3r~l~~l Title ~(j G~ Qr~° 5 i dFi/t-I- ,! Firm A11 AwtFl~i ran ~A-~~1~1~ l~ Date ~~°GPrytb~v I S,~,Lc1.C`L~i • TO BE INCLUDED IN BID PACKAGE BP9ofl4 • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. Sep A-~admd Pa~~S. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount 2. Type of Work Name and Address of owner. Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3. Name and Address of owner. Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. F~ l ~'-}-cl.~ v~cL P~ ~-'-1- c~~~~,~~-~ m o-~-1 ~v~l S~Dl ,~9rar~-~y, T~ r«~1~- G1 ~n ~t1~('~ q ~ a.~~ . ~' n ~- l 8 ~ ~~~, rat - a S~(~~ r~fi-crl ~~ ~~ (Yl . ~rr~ ~ Y1 ~ n 5 ta.r~~~~~ ~~Ll~ 1a-~~ccZ~ Or~_, l~v i yl~°, C~ 9 ~a~ , IPh ~- (G~~1~ tQ~~t- ~7lys (/'~rt`~1r.~r~ ~d~e~npd- (~a,-~I1n~~rS ~n~~.r~~~ C~/l~ar~ Cwt ~~+y -~,1~c~., ~u.~~~ -?C~~ 6 r~. ~, ~~a ~ a~ ~ S , ~ ~~ C.~c ~ ~~ a ~~ - ~ a~ o C~~ s~,~~,vt~ ~ Can, ~~. `^-~ ~ ~) TO BE INCLUDED IN BID PACKAGE BP 10 of 14 " 2008„ PAST WORK REFERENCES City of Irvine One Civic Center Plaza P.O. Box 19575 Irvine, CA 92606-5268 Contract: Kal Lambaz, (949) 724-7555 City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Contact: Sean Razmy, (714) 765-5069 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount: $3,445,289.40 Start: 1 /2008 Completed: 6/2008 Anaheim Blvd. Improvements Contract Amount: $278,391.00 Start: 4/2008 Completed: 6/2008 Superior Avenue Improvements Contract Amount: $862,862.00 Start: 1 /2008 Completed: 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Contact: Luis Estevez, (949) 461-3485 Street Resurfacing & Slurry Seal Contract Amount: $1,638,523.00 Start: 2/2008 Completed: 4/2008 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ed Torres, (714) 647-5018 Santa Clara Avenue Improvements Contract Amount: $2,219,523.00 Start: 11 /2007 Completed: 3/2008 "2009" PAST WORK REFERENCES i City of Costa Mesa 77 Fair Drive P.O. BOX 1200 Costa Mesa, CA 92628-1200 Contact: Tom Banks, (714) 536-5431 City of Dana Point 33282 Golden Lantern Dana Point, CA 92628 Contact: Archie Rempher, (949) 248-3500 City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 County of San Bernardino 825 East Third Street San Bernardino, CA 92415-0835 Contact: Sri Srirajan, (909)387-7935 City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Contact: Javier Urista, (310) 318-0661 City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact: Roxanne Hughes, (805) 653-6597 Department of Transportation 12975 Culver Blvd. Los Angeles, CA 90066 Contact: Sixto Ramin, (213) 216-4406 City of Rialto 150 South Palm Avenue Rialto, CA 92376 Contact: Eddie Chan, (909) 820-2651 Prop 1 B Street Maintenance Contract Amount: $993,993.00 Start: 7/2009 On-going -not completed yet Armual Roadway Resurfacing Project Contract Amount: $3,982,982.00 Start: 4/2009 On-going -not completed yet 2008-09 Street Resurfacing Contract Amount: $4,085,000.00 Start: 1/2009 Completed: 8/2009 Arrow Route Contract Amount: $1,980,000.00 Start: 2/2009 Completed: 7/2009 Public Improvement Package Contract Amount: $1,678,000.00 Start: 1 /2009 Completed: 9/2009 Joint Cities Pavement Rehab. Project Contract Amount: $1,242,241.11 Start: 6/2009 Completed: 9/2009 Route 27, Contract No. 07-2Y4904 Contract Amount: $915,511.00 Start: 6/2009 Completed: 9/2009 Route 210 Detour Contract Amount: $1,983,548.00 Start: 6/2009 Completed: 9/2009 • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as • the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. ~~ /~/~ ~ Signed' ~ ~ ;- i ~!--~-----~.-f`~~" -~'~ , gobe~t l3~Qa~y Title yiL~ PrP~i c~GV1-i- Firm A11 ~mPri rmh A50~~ Date ~~P m~p~ t 5.~~~ TO BE INCLUDED IN BID PACKAGE BP 11 of 14 • CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone • interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed T ~ - © , ~j rCLd ~°(~~ ~(IC~2 State of California County of ~1Vt_1~hide ` Subscribed and sworn to (or affirmed) before me on this ~~VL day of Qe~Pm 20(x, by -~- ~rQ d l~°~, proved to me on the basis of satisfactory evidence to be the person() who appeared before me. DEBBIE !Y. Mr~TSEN :~" ~- '~- Ccrnmisslon # 1775bII5 z : ~m 6. ~~' Notary Public - California Z Z ~'~ ~ Rlvsrsid~ Counfy ~~ Nh/ CanYn. ~~iras h;ov 2 c, 2~1 i t Notary Public Signature Notary Public Seal BP 12 of 14 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed ~'~l:A ~ ©eew- Gaza -e ~ Title ~I C~2 P(P~! ~r°_V) Firm Date ___~ ('~~1 bar 15, ol,~c~~ • • TO BE INCLUDED 1N BID PACKAGE BP 13 of 14 CITY OF SANTA ANA RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Business Address: j~.(~ . ~o ~~~ ~~~ r~Q~~ q~, g~ g - ~ ~~o~ Telephone: Lq 5i~ -~ ?, ~, 7 ta(~ State Contractor's License No. and Class: ~ f~ ~7 D'J ~ ~ ~ C'-1 ~- Expiration Date: ~ -3 ~- ~~ Si ~ "l~ Off" ~r~ed~ c~ Title: ~(j Lip Pr~~i ,a~rn-~ • TO BE INCLUDED IN BID PACKAGE BP 14 of 14 • i o ~ Fidelity and Deposit Company Of Ma land ry ~5~ Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND - , P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Santa Ana as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN-------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Principal has submitted a bid for Residential Street Repair Reconstruction -Phase 12, Project No. 106718 Bid Date: December 15, 2009 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terns of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and rnateria] furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforni the work covered by said bid, then this obligation shall be null and void, otherwise to remain in foil force and effect. Signed and sealed this 10th 6l~itness day of December A.D., 2009 ALL AMERICAN ASPHALT (SEAL) Principal ~ POk~a"'&~!dlt° Tit Vick pre5it~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surely y ~~+tt~ (SEAL) A. Wilkison GI'itness William S rkin ,Attorney-in-Fact Printed in cooperation with the American Institute of Architects (Al.q) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the la~tguage used in AIA Document A-3I0, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange __ On 12-10-09 before me, A. Wilkison, Notary Public Date Here Insert Name and Trtle of the Officer ' personally appeared William Syrkin Name(s) of Signer(s) ..., A. WILKISON Commission ~ 1868283 i `" Notary Public -California = Orange County D M Cnrrim' E"es Se 28, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/afe subscribed to the within instrument and acknowledged to me that he/she~/th~ey executed the same in his/ber~eis authorized capacity(~es), and that by his/'"~~, 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 _ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this /orm to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 12-10-09 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: _ William Svrkin ^ Individual Corporate Officer -Title(s): __ Partner - ^ Limited i-~ General ~ Attorney in Fact u Trustee Guardian or Conservator C: Other: Signer Is Representing:______________ Fidelity and Deposit Company of Maryland .,~ :.... .. Top cf thumb here i I Number of Pages: One (1) Signer's Name: -_ Individual ~' Corporate Officer -Title(s): _ =~ Partner - ^ Limited ~~~ General 7 Attorney in Fact Trustee `Guardian or Conservator Other; Signer Is Representing: . ~ .~ , Top of thumb here I ®2007 National Notary Association • 9350 De Seto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item 115907 Reorder Cali TolbFree 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley Name(pQ of Signer() who proved to me on the basis of satisfactory evidence to be the person(~j whose name() is/are subscribed to the within instrument DEBBIE A, MATSEN and acknowledged to me that he/sf~e~ey executed the same in his/ktefft}~ei~ authorized capacity(tesj, and that by his/6_-~„~„eR„ Commisston # 1775685 signature( on the instrument the person(a'), or the entity upon behalf . ~+ Notory Public - California ~ of which the person(,a') acted, executed the instrument. Riverside County MYComn.E~'~esNov22'~11 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~~ ,/ ~~P ~ . ~rn~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Bid Bond, Department of Transportation Document Date: December 10, 2009 Number of Pages: 1 Pa;?e Signer(~r) Other Than Named Above: Fidelity and Deposit Company Of Mar, Capacity(fesl Claimed by Signer(,a~ Signer's Name: Robert Bradley ^ Individual ~ Corporate Officer - Title(: Vice President ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: All American Asphalt Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: L~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. HURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES an f Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to mak e 'u ~ behalf as surety, and as its act and deed: any and all bonds and undert o ecu ' or undertakings in pursuance of these presents, shall be as binding upon 1 d - 1 ents and purposes, as if they had been duly executed and acknowled ~ y ele ompany at its office in Baltimore, Md., in their own proper persons er rn e on behalf of William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHA d ed April 8, 2008. 'The said Assistant ° s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. ATTEST: '~V 9fPOS~i ~ ~~4 C~ ,. IQ p r wig ~ !~ ? ~. 4 •,,... State of Maryland ss. City of Baltimore FIDELIYY AhID DI`Pt~~l I ~t~I1fi~ANY ~F 11i1A1~1fLAI~fD ~~.~~ ~,l~.L~S Gregory E. Murray Assistant Secretary / ~ By: William J. Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly cammissione an qualified, came WILLIAM J. MILLS, „ ~~~ ~ ,es;de,3t, and GRL~~RY ,_;. ~~.~ .-.ssistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. TN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `,, ~~ r~ ~ `~G ~~ ` i i T ~, ~ ` i h~ ~``\ ,'f~~ t ~ I s 1I Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-0033 L~ CITY OF SANTA ANA ~ PUBLIC WORKS AGENCY t-"~~,~]uc8tlop l.ti(,- ~.~~~ 20 CIVIC CENTER PLAZA (M-36) ^' SANTA ANA, CA 92701 FA_-X TRANSMITTAL, C®VE~ STET DATE: December 10, 2009 SUBJECT: ADDENDUM NO.: oNE PROJECT NO.: 106718 REMARKS: PAGES ATTACHED: g PLEASE FAX THIS PAGE ONLY T0: Stephanie Camorlinga FAX NO.: (714} 647-5635 FROM: Stephanie Camorlinga TELEPHONE NO.: (714) 647-5628 UPON RECEIPT OFADDENDUM, PLEASE SIGN THIS SHEET AND FAX NOTE: IT BACK TO THE CITY OF SANTA ANA, PUBLIC WORKS AGENCY, ATTENTION: Stephanie FAX NO.: (714} 647-5635 Camorlinga I HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: ONE PROJECT NO.: 106718 COMPANY: ~~ -~~ ~s ~~~ SIGNATURE: z,~, PRINT NAME: R obev 8r~ DATE: 'D,e~~rYllc~V L1.T~ TITLE: ~('iCe (~r SirJlq/2+- MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero December 10, 2009 ADDENDUM No. ONE ~~~a s tz=~,~ CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: Project No. 106718: Residential Street Repair Reconstruction - Phase 12 The following changes have been made to the specifications of the subject project: Specifications Page iv, replace with the attached Page iv (REV: 12/10/09). Change Bid Open date from Tuesday, December 15 to Thursday, December 17. 2. Page BP 1 and 2 of 14, replace with the attached BP 1 and 2 of 14. 3. Page ii, replace with the attached Page ii. 4. Page 31, after Section 2.20, add Section 2.21 as the following: 2.21 PAVEMENT FABRIC This section shall conform to Section 213 and 302-7 of the Standard Specifications and these Special Provisions. Pavement fabric shall overlap street reconstruction areas by 6" minimum. 5. Page 25, after the last paragraph of Section 2.13 PORTLAND CEMENT CONCRETE PAVEMENT CONSTRUCTION, add the following: Concrete pavement at the Santa Ana Regional Transportation Center shall be eight (8) inches deep and reinforced with number four (4) rebar spaced twelve (12) inches on center. Payment for the concrete pavement, rebar, and removal and disposal of existing PCC shall be made at the contract unit price for Remove and Replace PCC Pavement and shall include compensation for doing all appurtenant work, including furnishing all materials, labor, equipment, tools and all incidentals as required and no additional compensation will be allowed therefore. 6. Add "Exhibit A" to Appendix H after "Exhibit 12" Page 12 of 12. ~~ December 10, 2009 ADDENDUM NO. ONE SUBJECT: PROJECT NO. 106718 7. Replace "Exhibit 4" Page 4 of 12 in Appendix H. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA George Alvar City Engineer NOTICE INVITING BIDS Addendum No. 1 NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works A~ency Fourth Floor Receptionist, (see attached map), on or before the hour of 2:00 p.m. on Thursday December 17, 2009 sealed bids and/or proposals for RESIDENTIAL STREET REPAIR RECONSTRUCTION -PHASE 12 PROJECT NO. 106718 Notice is hereby given BIDDERS that in accordance with the provisions of the California Labor Code, not less than the prevailing rate of per diem wages for each craft or type of worker and mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workers employed. Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. THE SIGNATURE OF THE BIDDER ON THE BID BOND MUST BE NOTARIZED. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class A Contractor's license prior to the scheduled award date of this contract. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. Complete sets of the Specifications will be furnished upon application to the Public Works A ency First Floor, Ross Annex Complex 20 Civic Center Plaza M-93 Santa Ana California 92701 phone (7141 647-5680. There is a $24.53 charge (non-refundable) for these Plans and Specifications, plus a $14.42 additional fee if mailed. Make checks payable to the City of Santa Ana. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. iv • Addendum No. 1 ITEM PAGE 1.22 Survey ......................................................................................................................................9 1.23 Survey Monument Preservation (Add Alternate I) ................................................................10 1.24 Markup ...................................................................................................................................11 1.25 Temporary Steel Plate Bridging ..............................................................................................12 2.00 SPECIAL PROVISIONS -Construction 2.01 Rock Products .........................................................................................................................14 2.02 Relative Compaction Tests .................................................................................................... .14 2.03 Clearing And Grubbing .......................................................................................................... .14 2.04 Unclassified Excavation ......................................................................................................... .14 2.05 Subgrade Preparation ............................................................................................................. .15 2.06 Asphalt Concrete ................................................................................................................... .15 2.07 Pulverize & Cement-Treat Existing A.C., Base, And Subgrade ............................................. .17 2.08 Cold Milling .......................................................................................................................... .21 2.09 Remove Excess Pulverized Material ...................................................................................... .21 2.10 Portland Cement Concrete ..................................................................................................... .22 2.11 Concrete Curb, Gutter, Walks, Ramps, Driveway Approaches, And Cross Gutters ................ .22 2.12 PCC Grinding .........................................................................................................................24 2.13 Portland Cement Concrete Pavement Construction .................................................................24 2.14 Landscaping And Irrigation Repair .........................................................................................25 2.15 Root Shaving ..........................................................................................................................25 2.16 Adjustment Of Surface Utilities To Grade ..............................................................................25 2.17 Conduit ...................................................................................................................................27 2.18 Communication Cable -Twisted Pair ....................................................................................27 2.19 Loop Detectors And Detector Lead-In Cable .......................................................................... 29 2.20 Storm Water Pollution Prevention Plan (SWPPP) ................................................................. 30 2.21 Pavement Fabric ..................................................................................................................... 31 3.00 SPECIAL PROVISIONS -Signing And Striping 3.01 Scope Of Work ................................................................................. 32 ...................................... 3.02 Striping (Traffic Stripes & Pavement Markings) ..................................................................... 32 3.03 Signs (Roadside Signs) And Markers .................................................. 35 .................................... 3 04 Pa ment . y .................................................................................................................................. 38 4.00 SPECIAL PROVISION -TRAFFIC CONTROL 4.01 General ...................................................................................................................................39 4.02 Payment ..................................................................................................................................40 ii i Af,~ENUUM NU. 1 '~~ , ~- ~. ~. , `;~ ~ ~ a ~. _~ Qr F 2 ~ -~.. , . - ~{ ~ ~ ~' 'i; r x '~ ~~ ~. ` ~' ~ v. i3~ ~ ~ NT.S ~~~~~ ~ ~ ~ - I ~ C , ,~ ww 'J-i~i i. i '.[ Z t f 6 l i' \• ~' Y •... ~ j~ ~. Y 1 ~, ~ `~` `' ~7` 8AN1"A ANA' ~'~ 'TRAI~ROR'T'A110N `, `~ .,, ' ~ ' , ~` ~~ ~ ~ ~ _~ ~ ~` ~>r ~ " by ~ 3, ~ 3 ~.I ~:~) CONSTRUCTION NOTES ~ k ~~ ~ ~ `~, ~-~ ~:. t~{ O CONSTRUCT 9" AC OVER EXISTING 8" A8.' ~ ., ~ ~ ~ ~ O2 CQlO MILL 3" AC AND CONSTRUCT .~ ° ~~ sy''= ~ 2 AC AVER PAVE-ENT FABRIC ~ ~ +~~ ~' ~', . , OVER t LEVELING COURSE OVER U ~-. EXISTING 2" AC. .~ ~ '3 ='"~'_ ~ ~ O3 REPLACE 8" PCC RE INFORCEO rITH a r' ' ° '4' ~ ~ N0. A BARS • t?' O.C.. BOTH MAYS. , ~~'~ £~ ~~, ~ _ ~'` 4 THE CONTRACTOR SHALL COORDINATE '' ~'~+` «~ '- ~ ~ '~- ~:' rITH THE UTILITY COWPANr TO ~/ ~ ,° ~- ~ ~ ~~ ADJUST THE VAULT TO GRADE. ` ,$;;~ LEGEND ~ ~ ~ ~'~ ~ WLL DEPTI-I ' ~ ~ ~ ~ y `:~-~ t: .,..,.$,.m ~ COLD MILL ~ . ~ i c f~ ,, s i f P.C.C. _ ~„_ ;'~~~' K' ~ , . ~ ~,+~ ' ~ E Ana a' ~s`~~ ~~~ ':~ ~.y.'~ GENERAL NOTES f. _ ~~ t. ACCESS TO PARKING STRUCTURE ~ "~-~ } j'" ~. AND PARKING lOT TO REw11N OPEN ._>< AT All TIES. ,~N oRgiyC 2. PARKSONSITEBOURINGRCONSTRUC710N. EXHIBIT A ~~~ ~~ ~co r SANTA ANA ~ ~~ P W A SANTA ANA REGIONAL TRANSPORTATION ~ ,,,~,~ .~_ ,~,~, CENTER IMPROVEMENT DETAIL PACE 1 OF 1 AUL,I.~NUUM NU s 1 f 14TH ST ~ ti N ~-- J 2D H ~ ~ CO 1 T S1~ 1 ~ v7 J ~ /W ~ F- WEST R/W EAST R/W i i ' 12' 3.8' I EXISTING PAVEMENT (PROTECT X ST NG 2' 2' ~ ]N PLACE) SURFACE ~ --CITY ' R/W '~ t ac] 6?; -EXISTING PAVEMENT ~ ~ EXIST, (PROTECT IN PLACE) ' AC 6 1 EXISTING GUTTER (PROTECT IN PLACE) Z,J 3.8' TYPICAL SECTION 12' POINSETTIA STREET WASHINGTON AV END TO WASR ] NGTON AV DETAIL CC 16 H ~ ~ = w w ~ z ~ w w POINSETTIA STREET END TO WASHINGTON AV (N.T.S) ____~ 17 T H S T ~ ~- z o S gNT9 Q ~ q~q DORM ST 1 H T ~ o ~ ~~9y, ,c z v i gIRM J z n ¢ O~ Q T S ~ z ~ T ~ dl T T zo d 14TH ST~~ ~ ~ -~ ~ ~ ~ z ~ ~ .-, ~ i o ~ ' ~ w Q ~ ~~~ ~ ~ WA HINGT N ~V~'~`~ rE~~Ow x SEE DETAIL CC ~ ~r.~~ ~~ r///,{ CEMENT TREATED BASE. (RECONSTRUCTION) ® COLD MILL pINSTALL STOP BAR AND/OR STOP LEGEND, AS NEEDED. O CROSSWALK (WHITE PAINT IF NOT SPECIFIED). O COLD MILL 2' AC AND CONSTRUCT 2' AC OVER PAVEMENT FABRIC PER DETAIL CC. N.T.S ~~ 0 0 0 F-- ~ v7 ~ w 15TH ST ~ a 3 Q O ~ 14TH ST Q = r-`_ SANTA ANA PHASE 12 rP~ EIGHBORHOOD 24, 25 ,62, 98 IMPROVEMENTS rROJECT LIMITS ~ ~ ~--¢ ~N w EXHIBIT 4 PAG1E 4 OF 12 ~~ i AttaChmerxt A Premium charge for this bond Bond No. 7613487 included in Charge for Performance Bond Executed In One (1) Part CONTRACTOR'S P,~.~MENT BOND KNOW AJ.,)r MEN BY THESE PRESENTS, THAT: WHEREAS, the City of Santa Ana, State of California, and All American Asphalt (hereiuaRer designated as "Principal") ]Dave entered into an agreement whereby Principal agrees to install and co~mplete cextaiu. designated public innpravements, which said agreement, dated entitled" Project_No. 1'0-6718; Residential Street Repair Phase XII +~ is hereby refcrrod to and made a part hereof; and VVI~REAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a goad and sufficient Contractor's Payment Hond with the City of Santa Ana to secure the claims W which reference is made in Tice IS, (commencing with Section 3082) of Part 4 of Division 3 of the Civil Cade of the State of California. NOW T1~REl;OItE, said Principal and the uridcrsigned as corporate Surety, arc held firmly bound unto the CITY OF SANTA ANA, and all contractors, subcontractors, laborers, matcrialzrten and other persons employed in the performanco of the aforesaid agreement and referred to in the aforesaid Civil Cado, in the sum of **See Bond Amount Below DO):.I.AILS (52,929195.00 1, for rraaterials furnished or labor thereon of any kind, or far amounts due under the Unemployment Insurance Act with respect to such work or labor or for arty amounts required to be deducted, withheld and paid wer to the Franchise Tax Board from the wages of errrployees of the Principal and his subcontractors .pursuant io section : _... 18806 of the Rcvcnuo and Taxation Code, with iregpect to Such work and labor; drat said Surety will pay the same in an amount not exceeding the amount hereinabovc set forth, and also in case suit is brought upod this Bond, will pay, in additiott to the face amount thereoiy oasts and reasonabte expenses and fees, including reasonable attorney's fees, incurred by the City in succesy-fi>lly enforcing such obligation, to be awarded and &xcd by the court, and to be taxed as costs aztd to be included in the judgm~emt therein rendered, ' lT IS HER>;BY E]Q~'RESSLX STIPULATED AND AGREED that this Band shall inure to the benefit of any and ail persons, companies and corporations entitled to file Claims under Title 15 (wmmcnciag with Section 31)82) of fart 4 ot; Division 3 of the Civil Cade, so as to give a right of action to them or their assigias in auy suit brought upon tl-is Hoed. Should the condition of this bond be fully pcrfarrued, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 **Bond Amount: Two Million, Nine Hundred Twenty Nine Thousand, One Hundred Ninety Five and No/100ths($2,929,195.00) Dollars • The Surety hereby stipulates and agrees that no change, extension of brae, alteration or addition to the terms of the agreement or to the work to be performed thereunder or tltie specifications accotnpaaying the same shat! in anywise affect its obligations on this Bond, amd it does hereby waive notice of any such change, c:cteusion of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN W1T'NESS yVkiEREOF, this instrument has been duly esecvted by the principal and 5usety above named, on February 9th. 2010 kRYNCIPAL: (Type Company Name) All American Asphalt ~~~ i e: RD pmt ti' ~id1t~~Yi ~'-'t` Tide: Nl,e~.rl~ 1-tt,~¢~~ S~ecve~Qr~ SUIt~TX: (Type Company Name) Fidelity and Deposit Company of Maryland, By Title: sy Rebecca Haas-Bates, Attorney-in-.Fact Title: (Attach acknowledgemetats ofbath Principal and Surety signatures) APPROVED A5 TO FORM: ;a v City Attorney 6/02 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 2-26-10 Date before me, A. Wilkison, Notary Public , Here Insert Name and Trtle of the Officer personally appeared Rebecca Haas-Bates Names} of Signers) ,,,~ A. WILK~I~'UN (;, ~ x~" Notary Pubti~ • ~alif0ri~i~ ~;~-~' t]ranga Count p11y Comm. Ex~irng 5~ ~~ EGia OPTIONAL Though the in/ormation below is not required bylaw, it may prove valuable to persons retying 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: Contractor's Document Date: 2-9-10 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that k3elshe/thelr executed the same in his/her/tgeir authorized capacity(ies~), and that by his/her/thctF signatures} on the instrument the person(a}, 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 officia;~seal. Signature Place Notary Seal Above 'rte Signature of Notary Public ment Bond No. 7613487 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates ^ Individual Corporate Officer -Title(s): - Partner - %; Limited ~~~ General ~ Attorney in Fact Trustee '~ Guardian or Conservator i-; Other: Signer Is Representing: __. Fidelity and Deposit Company of Maryland Top of thumb here halt Number of Pages: Two (2) Signer's Name: Individual !-! Corporate Officer -Title(s): _~ Partner - ^ Limited O General 1 Attorney in Fact ~~~ Trustee `Guardian or Conservator u Other: Signer Is Representing .~`~,, Top of thumb here m2007 National Notary Association • 9350 De Soto Ave . P.O Box 2402 • Chatsvrorth, CA 91313-2402 • www.NalionalNutaryorg Item x5907 Reorder. Call Toll-Free 1-800-876-6827 .~ ~ .. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the _ _ person(s) whose name(s) 1~/are subscribed to the within instrument ®_y - ` ~ ` and acknowledged to me that #~efshe/they executed the same in OEBBfE A. MATSEN Commission # 1775685 fer/their authorized capacity(ies), and that by Fitsflaer/their a .'~,~ Notary Public -Calif©rnla = signature(s) on the instrument the person(s), or the entity upon behalf 1~~„ Riverside County ~ of which the person(s) acted, executed the instrument. My Ccxr~m. Expiras Nov 22,2011 '~"`r'o'~°4~ I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature_~~ ~ , ~~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Contractor's Payment Bond, City of Santa Ana Document Date: February 9, 2010 Number of Pages: 2 Pages signer~j Other Than Named Above: Fidelity and Deposit Company of Mar ly and Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ^ Individual Corporate officer - Title(: Vice President ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: All American Asphalt Signer's Name: Mark Luer ^ Individual Corporate Officer - Title(~j: Secretary ^ Partner- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: All American Asphalt • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES an t f Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to mak e 'v ~ behalf as surety, and as its act and deed: any and all bonds and undert o ecu ' or undertakings in pursuance of these presents, shall be as binding upon 1 d - 1 ents and purposes, as if they had been duly executed and acknowled ~ y ele ompany at its office in Baltimore, Md., in their own proper persons ~~er rn e on behalf of William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHA , bedrYard ~ Ced A ril 8, 2008. P The said Assistant es eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. ATTEST: 'gyp DfPOS~i ~ +cP'~Oj~', n _ O P '~ •ww ~a W i rrn ~ 4 "4ni State of Maryland 1 City of Baltimore I ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~~ /~1ti1,~-~- Gregory E. Murray Assistant Secretary ~_- , ,;U (,(~~ By: ~~~ , William J. Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly comrnissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ``~~u~nir~rt~ ~C V:.~:: 4s ~~ ~~ i ~ ~ pr~~ rin+`~~~`\ i i Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-0033 ^" • • Attachment B Premium: $12,449.00 Bond No. 7613487 Premium subject to adjustment upon completion Executed in One (1) Part BOND FOB FA.IT~FLTL P~~FO~MANCE SNOW ALL MEN $Y THESE P~SENTS THAT: VttHCREAS, The City of Santa Ana, State of California, and All American Asphalt (hereinafter designated as "Principal") have etttcred into an agreement whereby Principal agrees to install and cvmpletc certain desigttatcd public improverttents, which said agreement, dated. , enlitlcd"Project No. 10-6718; Residential_Street Repair Phase XII " is >xereby rc1rrrcd to and made a part hereof; and WHEREAS, said 1rincipal is required under the terms of said agreement to furnish a Bond for Faithful Porformance of said agreement NOW, THCREFORE, we, the 1'rit,,cipal and Fidelity and Deposit Company of Maryland, as Sut'oty, arc held and firmly bound unto the City of Santa. A.na (hereinatcr callcri "City"}, in the penal sum of Two Million, Nine Hundred Twenty Nine Thousand One Hundred Ninety Five & No/100ths ($2 929,195.00)--- DOLLARS ($2,929,195.00 )lawful money of the CJnited States, far the payment of which seat well and t+nily to be made, we bind ourselves, cur heirs, successors, execators and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above baundcd Principal, his or its heirs, executors, administrators, successors ox assigns, shall in ail things stand to and abide by, and well and trrtly keep and perform the covenants, wnditiotrs and pxavisians in the said agreement and arty alteration thereof made as therein provided, on his or their part, to be kept arrd performed at the titre and izt the tnantter therein specified, and in all respects according to tlrcit true intent and meaning, and shall indemnify and save harnrless City, its ofixcers, agonts and employees, as therein stipulated, then this obligation shall become null a,nd void; othstwvise it shall. be and remain in full force and effect. As part of the obligation secured hereby and in addikion to the face amount specified thcrefnr, there shall be included cosh and reasonable e:rpenses and Tres, including reasonable attorney's fees, incurred by City in succesafirlly enforcing such obligation, all to be taxed. as casts and included in arty judgtttent rendered. • . The surety herclry stipulates and agrees that no change, e,~tension OF time, alteration or Addition to the teams of the Agreetttent or to the work to be pezf'ormed thercnuider or the speci~catiotts accompanying the same sha11 in anywise afFect its obligations on this Bond, and it does Hereby waive notice of axty such change, extettsion of time, alteration or Addition I:o the terms of the Agreement or to the work or to the specifiications. IN WITNESS WHEREOF, this instnament has been duly executed bq the Pritcipal and Surety above flamed, on February 9th, 2010 PRINCIPAL: (Type Company Name) All American Asphalt i lay .t~~ 7'itlc: Rob9~r+~~`'reral~Cy~ V~G~p ~e1C~1+ S Tit1c: ~Y1~LU.~- ~~Lr,2-f-Qr~ (Attach acknowledgements of both. Principal and Surety signatures) APPROVER AS 7'O l;'ORM_ '~.~ City Attorney 612 SURETY: ('Ippe Company Name) Fidelity and Deposit Company of Maryland Title: By Rebecca Haas-Bates, Attorney-in-Fact Tit1C_ r .. ~ • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 2-26-10 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(sj of Signer(s) F>K~~ ~. ~~ ~ Commission # 1866283 z c~.~ y a ```~ ~ Notar Public -California z D z ~~~ 3_ ~ Orange County z rwy Comm. Expires Sep 26.2013 J who proved to me on the basis of satisfactory evidence to be the person(a) whose name( islere subscribed to the within instrument and acknowledged to me that kaef'she/theq executed the same in his/herltkteir authorized capacity(ies), and that by f~is/her/thcnt signatures} on the instrument the person(a}, or the entity upon behalf of which the persons} 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 officia~ seal. Signature ~/, Place Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this lorm to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 7613487 Document Date: 2-9-10 Signers} Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Individual Corporate Officer -Title(s): - Partner - ~~ Limited l~ General ~ Attorney in Fact J Trustee Guardian or Conservator =] Other: Signer Is Representing: _____ Fidelity and Deposit Company of Maryland ~- a- Top of thumb here Number of Pages: Two (2) Signer's Name: -' Individual Corporate Officer -Title(s): _ Partner - ~ Limited C General -! Attorney in Fact ~_- Trustee Guardian or Conservator Other: Signer fs Representing Top of tnumb here ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item ri5907 Reorder: Call Toll-Free 1.800-876-6827 ' ~' F • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the _ _ _ _ _ _ _ _ _ _ , person(s) whose name(s) '~/are subscribed to the within instrument DEBBIE A. MATSEN and acknowledged to me that #~e/sfie/they executed the same in Commission # t 775685 #isfF~/their authorized capacity(ies), and that by +risfher~heir -~; :" Notary Public - California signature(s) on the instrument the person(s), or the entity upon behalf Z ~ Riverside County £ of which the person(s) acted, executed the instrument. My Comm. Exoir~ Nov 22, 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,~r LL~L '; /; ~'~~,~Q~1~ Place Notary Seal Above gnature o Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forrn to another document. Description of Attached Document Title or Type of Document Bond for Faithful Performance, City of Santa Ana Document Date: February 9, 2010 Number of Pages: 2 Pages Signer( Other Than Named Above: Fidelity and Deposit Company of Mares Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradlev ^ Individual Corporate Officer - Titlel~: Vice President ^ Partner- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: All American Asphalt Signer's Name: Mark Luer ^ Individual 'Corporate Officer-Title(,g): Secretary ^ Partner- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Other: Signer is Representing: All American Asphalt ,.. MEMORANDUM David Ream To: City Manager Date: October 6, 201 O Raul Godinez It, Executive Director From: Public Works A enc _ REQUEST FOR APPROVAL OF CHANGE ORDER O 1 ; Subject: PROJECT NO. 10-6718 Contractor: Project Description: Change Order Number: Account Unit: 05817661 Original Contract Cost: Amount of The Change Order: Previously Approved Change Orders: Total Change Orders: REASON FOR CHANGE All American Asphalt P.O. Box 2229 Corona, CA 92878 Residential Street Repair -Phase 12 1 Estimated Amount: $233,1 1 O Account: 66220 Activity: 1 0671 801 028 $ 2, 929,195 % of Original $233,1 1 O 8.0% -O- -0- $233,11 O 8.0% A. Pavement reconstruction of Brook Street between Shelton and Olive Streets, Cubbon Street between Shelton and Flower Streets, Olive Street between Cubbon and Brook Streets, and Westwood Avenue between Civic Center Drive and 15`" Street was added to this contract. Since these streets were not included in the original plans, a change order is needed to document the addition of these streets into the project scope. The contractor agreed to do the additional streets at the original unit bid prices. Contractor shall be paid according to the actual quantity of work and the original unit bid prices. ESTIMATED COST = $192,000 Project 10-6718 RFA Change Order No. 1 October 6, 201 O Page 2 B. Under a standing agreement, personnel of the County's material testing laboratory have been providing testing for the City's construction projects for years. They tested sub-grade soil, base material, asphalt concrete pavement, etc. However, due to a reduction in work forces, they were no longer able to provide those tests. The City had a backup testing firm under contract but funds in that contract were mostly expended by previous phases of the residential street repair projects. In order to ensure the work be completed according to the project specifications, City staff requested the contractor to retain the services of the testing firm and this change order is to reimburse the contractor for the costs of these services. AGREED PRICE = $41,1110 APPROVED AS TO FUNDS AND ACCOUNTS: 1 Raul Godinez, I Francisco Gutierrez Executive Dire r Executive Director Public Works Agency Finance and Management Services Agency PROJECTS/C00-6718\ RFA CO 1 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 1t}6718; RESIDENTIAL STREET REPAIR Change Order Number 1 PHASE 12 To ALL American Asphalt Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described vwrk 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 othervvise stated, rates Tor 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 WOr2KS AGENCY A. EXTRA WORK AT CONTRACT UNIT PRICES Reconstruct pavement of Brook, Cubbon, Olive and Westwood per PCO #6 & 7. ESTIMATED COST = $192,000 B. EXTRA WORK AT AGREED PRICE Pay independent laboratory for testing and inspection Services per PCO #1 O. AGREED PRICE _ $41 ,1 1 O Page ? of 2 Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Tom Dal Clerk-Recorder Clerk of the Council, City of Santa Ana I Illll 111111 11111 lllu ?1111I1ia IIIIIIIIII IIIN IIIIIIIIII pllllll NO FE E 20 civic Center Plaza, P.o. Box 19x8 20110001 14658 8:04 am 03/03/11 Santa Ana, CA 92702 9 41 O N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ?,?, TH[S SPACE FOR COUNTY RECORDERS USE ONLY '';?i,s t;?" ?4: NOTICE OF COMPLETION 0 w z° ? a ?, o L77 `? F Z 0 w o ? ?, 0 m o ? ? O z a o a 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 of Residential Street Repair Phase XII under contract entered into on 2/1/2010, with All American_As?halt, on which contract Fidelity and Deposit Company Of Maryland is surety. The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No 10-6718 located at: Various Streets. The work improvement on said property was accepted as completed on 2/18/2011 . CITY OF SAN A, A MLTNIC?AL?RPORATION by ?'?-?l?(" Dated: 3 / 3 / 1 1 VERIFICATION TITLE I, the undersigned, say: I am the City Engineer 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 ofthe 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 March 3 , 201 1 at Santa Ana, California ?? (Signature of " "vidual swearing [hat the contents of once of Completion are true") THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 10-6718; RESIDENTIAL STREET REPAIR Change Order Number 1 PHASE 12 To ALL American Asphalt 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 specficatrons 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 actualy used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, inGuding impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation inGudes payment for all work contained in this final change order, plus all payment for inten'uption 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 final 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 final 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 Gaim related to this project. Estimated TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE $ 233,1 1 O By reason of this order the CONTRACT TIME completion will be adjusted as follows: (35) Thtrty FIVe Working DayS_ We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we wilt 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. Date ?p - .} - i o Contractor ALL AmerlCan ?IHG /1 \ TIC LAYL ?.A ? /? P?prov?l recommended by ? Pueuc w Ks Approved by CITY MANAGER Date !(/ ' ? Date ? d ?Id..p+ / 1 ? Page 2 of 2