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Home My WebLink AboutBANNAOUN ENGINEERS CONSTRUCTORS CORP. (2)Recording Requested Bg Aod Whm Recorded Mail To; Gerk o[IheCowGl, Qry o[Swk Ana 20 LSvia Center Recorded P.O. Box 1999 gs�gz s�� n�, en Recorded in Official Records, Orange County �V1 Tom Daly, Clerk-Recorder III�II�IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIWIIIIIIIIIAIIIIIIIII�III NO FEE 20110004493061,28 pm 09112111 143413N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 ZT <� THIS SPACE FOR COUNTY RECORDERS USE ONLY Z7 u C� �' - �•� NO'fICEORCOMPI,E'fION NOTICE 13 HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Half 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owns has caused eonsWdion of FIRST STREET REHABILITATION wrier contract entered into on IANUARY 42011 whh BANNAOUN ENGINEERS CONSTRUCTION CORP , on which rontradFIRSTNATfONALINSURANCECOMPANY OFAMERICA is surety, The property w which sod work improvement was placed E N the City of Swta Ana, Cowty of Orange, Stateof Califomia, wd described ss Project No. 11 411C located at: CRAND AVENUE TO I -S FREEWAY. The work improvement on said property was accepted es completed on SEPTEMBER 2 2011. CITY SANTAAN AMUNIC�ALCORPORATION 91t2�2011 Dar¢d: CiN Eneiueer rirEn VERIFICATION I, the undersigned, say I am the City Engineer of the Cily of Santa Ana, California; I ea¢cuI¢d the tbregoing Notice of Completion ailing on behalf oFthe owner oFthe properly therein desceib¢d; I make this verification on behalf of said wrporation by authonzationofthe Ci[y Counraloffhe Cify ofSwtaMa; I haveread said notice wd know [he ronfents thereof; wd I declare wrier penalty of perjury that the facts (herein stated arefine. Eaecut¢d on a � , at Ssofs Aoa, California (Si®aNreofindlvidual sweviugl�l A¢ mm¢nLvarNdiceofComplelionarehue) THIS NOTICEOP COMPLETION MUST BERECOMFA WITHINTENQO) DAYS APTER WMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED JAN 0 4 Z011 CONTRACT AWARD FOR FIRST As Recommended STREET REHABILITATION BETWEEN ❑ As Amended GRAND AVENUE AND 1 -5 PROJECT El Ordinance on 1ST Reading ❑Ordinance on 2 "d Reading NO. 116735) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO & vi r,/ ., CITY A • RECOMMENDED ACTION FILE NUMBER Relieve United Paving Company of their bid in the amount of $944,436.50. 2. Award a contract to Bannaoun Engineers Constructors Corporation, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,005,870.50 for construction of First Street Rehabilitation between Grand Avenue and 1 -5. 3. Approve a funding analysis with a total estimated construction cost of $1,257,079. DISCUSSION First Street between Grand Avenue and the 1 -5 freeway has been identified as a high priority in the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, sidewalks, driveway approaches, and curb ramps are also in various states of disrepair and require replacement. This project provides for construction of new street pavement and replacement of damaged concrete curbs, gutters, sidewalks, driveway approaches, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the street. The Notice Inviting Bids was advertised on November 17 and 19, 2010, and bids were opened on December 6, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 16 Contractors requesting bidding documents: 14 Bids received: Bids received from Santa Ana Contractors: While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only one of the 16 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper. Contract Award For First Street Rehabilitation January 4, 2011 Page 2 The other 15 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work, unable to obtain insurance because the project is too large, or they work as a subcontractor to certain prime contractors. NAME OF RESPONSIVE BIDDER Bannaoun Engineers Construction Corp 2. Hardy & Harper 3. Elite Bobcat Service, Inc. 4. R. J. Noble Company 5. All American Asphalt 6. Excel Paving Company 7. Silvia Construction, Inc. CITY BID AMOUNT Chatsworth Santa Ana Corona Orange Corona Long Beach Rancho Cucamonga $1,005,870.50 $1,033,000.00 $1,041,889.00 $1,043,609.60 $1,047,047.00 $1,114,085.10 $1,263,359.20 A total of eight bids were received and all but one were responsive. Three days after the bid opening, United Paving Company requested to be relieved of their bid, stating that they had made a clerical error in filling out the bid. After examining United Paving Company's bid and other documents, staff has found sufficient grounds for the relief, and therefore recommends that United Paving Company's request be granted. The lowest bid was submitted by Bannaoun Engineers Constructors Corporation for $1,055,870.50, which is above the Engineer's estimate of $1,026,060. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010 -132 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,257,079 for the project (Exhibit 2). Funds are available in the Proposition 1 B Fund (accounting unit 03017660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: ,Ra odi z II Francisco Gutierrez Executive i ector Executive Director Public Wor 5 Agency Finance & Management Services Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis FUNDING ANALYSIS PROJECT NO. 116735 FIRST STREET REHABILITATION BETWEEN GRAND AVENUE AND 1 -5 Construction Contract $1,005,871 Contract Administration $30,270 Inspection and Testing $79,879 Survey Staking $40,472 Contingencies $100,587 TOTAL ESTIMATED CONSTRUCTION COSTS $1.257,079 Exhibit 2 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: First St Rehab: Grand tol -5 Fwy 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. 1 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: 11/17/2010, 11/19/2010 Executed on: 11/19/2010 At Los Anaeles.Baliforni2 I certify (or declare) under penalty�Kip fj ya) fore /ing is true and correct. �, J / This space for filing stamp only OR #: 1988477 NOTICE INVITING BIDS 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 Receptionist- on or before the hour of 2:00 p.m. on December 6, 2010 sealed bids and /or proposals for PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO 1.5 (Work includes excavation, asphalt concrete, coldmilling, pavement fabric, replacement of damaged concrete curb, gutter, sidewalks, drive approaches, construction of concrete cross - gutters, 8, curb ramps, adjust utility frames and covers to grade, signing & striping, installation of traffic detector loops.) 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 dam wages for hdiday 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, m ate sets of the Plans and oecmfications era ava+aha ase I th Il rk A n nR rFl r Ann x x mv' nt r z 9 nt n Im rni 27 1 n 714 7- tare is a $24.53 charge (non -re undable) for these Plans and Specifications, plus a minimum 5/4.42 additional fee if mailed. Make checks payable to the City of Santa Ana. Contractors may have the option to pick UP a CD of the electronic plans and specifications at the Public Works Agency for free of charge if not buying the full set of plans and specifications. The Plans and Specification set comes with a free CO. All contractors purchasing plan set or obtaining free CD from the City are required to provide a valid email address for addendum notification via emails. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 11/17,11/19/10 OR- 1988477# ��VaInIVIWVIIIMI 1II9�IVIINWII 1 �W�VY e CJ c E GJ CL ' O Q O � N N O VA C ev c i _ rz cn Ln � Y 0 0 E aci w u m s *' u 3 c m o u +r c a N u cn t a� L a; ice+ N D U. ? ON - V V 3 d, � e CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 2,400 0 $ 4& s $ 116,400' 2. • AC Pavement TN 5,410 $ 65 pis $ 3 5 64 78`?6�O 3. Asphalt Rubber Hot Mix (ARHM) TN 2,980 7s $-78— o0 $ a34,, 6 75 " 4. Cold Mill 2 " -3" SF 150,700 re $ O "' �_ $ a7, /a6 5. Cold Mill 5 %" up to PCC pavement SF 44,000 30 ob $ /3, a CO 6. Pavement Fabric SY 26,420 $ is _� oe $30,,38-3 7. PCC Bus Pad SF 930 0 $ g s $ 7, 9 0577" 8. Reconstruc Median Nose EA 2 � $1000 eo $ 9. PCC Curb and Gutter LF 1,430 $ R-5 s� $ 3 3, 60S �^ 10. PCC Sidewalk (T =4 ") SF 2,670 $ 4 ro $ !04 6147 11. PCC Curb Ramp SF 2,590 $ S sa $ X46 — 12. PCC Driveway Approach (T =8 ") SF 4,790' 13. PCC Cross Gutter SF 990 ee $ $ ^' e e $ 7,7.,7o -' • 14. Root Shave Tree EA 1 $ 350- $ 3 S-O BP 1 of 14 CITY OF SANTA ANA 0 PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 15. Adjust Survey Monument EA 9 $ 3OD" $ ,x,700 e$ 16. Adjust Manhole to Finished Grade EA 10 $ 5 as $ S a so S 17. Furnish and Install Water Valve Box EA 29 $ 610 $ 17, 6 T00_ Frame and Cover 18. Adjust Pull Box to Finished Grade EA 5 �° $ a3 0 eo $ rdSO 19. Furnish and Install new #6 PB EA 10 $ 3x500 $ 3'-)50 20. Furnish and Install Parkway Culvert EA 5 $ �� / So $ S, 7SV Ob Type `B" • 21. Bore, Furnish & Install 2" PVC with LF 1,140 S2 $ as se $ o?S, ( SD 4" PVC Sleeve (include potholes) 22. Bore, Furnish & Install 2" PVC only LF 1,180 O� $ S _ Ob $ S, 100 23. Furnish and Install Traffic Loop EA 90 � $ �S _ eo $ / 7, S SD Detector t 24. Furnish and Install Red Light EA 4 eo $-3,9-0 ^ 00 $ h 4 Enforcement Loops 25. Traffic Signal Modification (include LS 1 $7/100 $ 7,100- foundation) t 26. Signing and Striping LS 1 $ oQa, Sbo $ a a, S 00 00 0000 27. Temporary Construction Sign EA 5 $ G7000-0 $ a, S Co00 • BP2of14 • • CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued so TOTAL BID - - g- -- - - - -- ---- - - - - -- -- - - - - -- ` /� $ / DDS, 870 f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. PROPOSAL & CONTRACT AGREEMENT PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 BP3of14 BIDDER Firm►�t;�7r� Address CA C-1' 13, I Phone C�1. v3CIy Fax �� I_ 05cl J Email BIDDER Signature Liberty POWER First National Insurance Company of America 1001 4th Avenue MLItUc11� OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 8062 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * * ** *HELEN MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; MATTHEW C. GAYNOR; DEBORAH D. DAVIS; Escondido, its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power- of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 29TH day of NOVEMBER 2010 SEAL 1.1928, ,Vix* R. kj I Dexter R. Legg, Secretary S- 1049/DF 3/09 ♦ s WEB PDF CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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: %z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME Cee,1 1 C C-04,74 Pi n� Svc, NAME LOCATIO/&i-A/, Pix I c'Si • 0r,a r, f ��S6sLOCATION PHONE PHONE TYPE OF WORK $ Z2,sao°° TYPE OF WORK $ • NAME &11 "r--4c-am &E p h.-tu NAME LOCATION �q� /� 7,3L —76�o LOCATION PHONE PHONE TYPE OF WORK 4F S �, $ 616, 3 4 1T' TYPE OF WORK $ /S,A e17 NAME `r'y,ag; C Laws C Qazk ;11t nq NAME LOCATION 67¢,C s, �',,,,er, I�,uil�,ar+1,�q LOCATION PHONE �7l �) '�a o — 4 �L PHONE TYPE OF WORK $ 6 7',q Ab °° TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ • Name of Firm Submitting Bid Signature of BIDDER BP4of14 CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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 r 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 Firm rJ /� �J ti LN i tit er ' c'tLS C AS ¢- � �(i-S CZ, ;,L_e Signature of BIDDER M—Ak.5z,\ `W_, 1 Title f�y S � i CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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.) ACTION OF COUNCIL: A NWded to FJt4v11161 o G h in&.rf uns1ru .twc (b rip. on the b0W (W WOO responsible W Mpon w bW t in the WXW of $ )� bus, g�0.5o ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: ITY ATTORNEY Date `�ghygry �f 20 ACCEPTED FOR THE CITY OF SANTA ANA: EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY BP6of14 CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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. BP7of14 CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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. .1 Signed Title Firm 7 'D 2 S C3(t-- Pcx'p�- i CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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. 0 Signed Title Q Lim-- Wh-c�,DF P� SID S Firm IJ Z� CDN3 5 -q a-�JL-'7 Di- S C;30 TL)X-P 1 Date 2 Cj ICJ c`M 20 I a BP9of14 CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO 1 -5 PROPOSAL AND CONTRACT AGREEMENT • i REFERENCE 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. "or WS A-tjr Name and Address of Owner. J ��h1--)o NQ-, 3 (�J- Nam e and Telephone Number -P 1, 6,2, 0 4 S SD Contract Amount of person familiar with project. ft��r C:AL I� (,)Q'rT->-vL, Type of Work Date Completed 2. Name and Address of owner. r1. C I pvr.-, 31o. S33 Name and Telephone Number of erson familiar with project. 4 000 Contract Amount Type of Work 3. C r Ly OP Dc"n 'eY 1111i Name and Address of owne . tz c =,kW.�, �0v, _S (s6a — 13166 Name and Telephone Number of person familiar with project. Date Completed c4 6� aa4l 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. G R�P ,4 r J J CA CDO2 `? la G . `� S 1010 - P Ho , BP 10 of 14 CITY OF SANTA ANA • PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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 . - Title U- Wt(L / Firm (`)A 1JtJ moo Sj &J C- I ri S 6 o ,j31 ¢- oL�J(`S Date ? c "t NZ) J2M r3,Lt Zoe c, • BP 11 of 14 • • CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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. r Signed State of California County of Lc)-'S Subscribed and sworn to (or affirmed) before me on this Z c1 day of � 3'� 20_1S by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �C /� _TVNC-'H 3D Notary Public Signature Notary Public Seal BP 12 of 14 ACKNOWLEDGMENT State of California County of _ Los Angeles ) On 29 November 2010 before me, Michele Etyemezian, Notary Public (insert name and title of the officer) personally appeared Omar Maloof who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELE ENEMEZIAN WITNESS my hand and offic I seal. Commission * 1790&36 NO" ►ubllc - Colltomlo A 4 _ Los Angeles County _ Signature % X�- (Seal) • • • CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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 Title 0 WV_— / M_ I D �r\J i F • ' CITY OF SANTA ANA PROJECT NO. 116735: FIRST STREET FROM GRAND AVE. TO I -5 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: �i�lr�lf�,J ��)��I�i`rLS L�a�S7�J� l�E �� Coif Business Address: 61 lt7 W �,�-�yL� ��F �� C. I IA ;Sy�➢Jt��i1 I� CA Q IS i Telephone: 6 1• u 3 fi y State Contractor's License No. and r� Class: Expiration Date: 2-CM Signed: Title: OHM, N1 A �--y3r- BP 14 of 14 BANNAOUN ENGINTMCONSTRUCTORS Corporation GQVERAL ENGe�QVG CONTRA.GTORs GmER BuLOwGCONmR oRs CoNsuLTr4G ENCGNE ERs License #: A, B, 827829 29 November 2010 City of Santa Ana 20 Civic Center Plaza City Hall - Ross Annex Santa Ana, CA 92701 ,AG elw'r+nMw A Tradition of Excellence in Design and Construction 9614 Cozycroft Avenue Chatsworth, CA 91311 Tel: 818.999.0394 Fax: 818.999.0395 RE: First Street Rehabilitation from Grand Avenue to I - 5 - Project Number 116735 To Whom It May Concern: In accordance with this proposal for the above mentioned project, Bannaoun Engineers Constructors Corporation, is driven to stand by and willing in a good faith effort to offer and to utilize Disadvantaged /Underutilized Minority Business Enterprises not just to meet but even exceed business standards and local and federal goals as well as the incorporation of any new qualified colleagues that fall under Section 3 criteria. Also, Bannaoun Engineers Constructors Corporation is a qualified Small Business and is certified with the State of California. Please be aware that any additional required documentation and information, for subcontractors as well as our company will be provided as soon as requested. Please feel free to contact us as soon as the apparent lowest bidder is established in order to complete the needed and necessary documentation to follow through with the award process. As always, Bannaoun Engineers Constructors Corporation is looking forward to work with your agency very soon with the above mentioned project or any project in the near future. Sincerely, Omar Maloof Bannaoun Engineers Constructors Corporation BANNAOUN ETIGINEFRS CONMUCTORS CorVoration dUZRAL EN� CONTRACTORS GBNERAL BuLmr, CONTRACroRs CONSULnNG ENG NE 9:?s License #: A, B, 827829 24 November 2010 G A Tradition of Excellence in Design and Construction Underutilized DBE Women /Minority /Disadvantaged Business Owners 9614 Cozycroft Avenue Chatsworth, CA 91311 Tel: 818.775.0040 Fax: 818.775.0050 RE: City of Santa Ana - First Street Rehabilitation from Grand Avenue to I - 5 Project Number 116735 Business Owners; Bannaoun Engineers Constructors Corporation is bidding the above mentioned project as a Prime Contractor. Being an Underutilized DBE, Women /Minority /Disadvantaged Owned Business, or a DBE, your support in this process is imperative to the overall goals and objectives for this project. Please forward your proposals to our office prior to bid date and time to allow for a proper review and incorporation into the final bid package. We are looking for all areas of expertise, category, trade and product to assist in the completion of this federally funded project. Bannaoun Engineers Constructors will assist as needed. Should you have any questions or concerns, please feel free to contact our office at 818.775.0040 and please fax your proposal to 818.775.0050. Please be aware that Bannaoun Engineers Constructors Corporation is looking forward to working with you on this project as well as other projects in the near future. Sincerely, Bannaoun Engineers Constructors Corporation An Equal Opportunity — Affirmative Action Employer Fa SAFECO' FIRST NATIONAL SURETY BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A -310 SAFECO Insurance Company PO Box 34526 Seattle, WA 98124 -1526 KNOW ALL BY. THESE PRESENTS, That we, BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTN: SURETY CLAIMS DEPARTMENT of 1001 4TH AVENUE, SUITE 1700, SEATTLE, WA 98154 , a corporation duly organized under the laws of the State of Washington , 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 GREATER AMOUNT BID---------------------------------------- - - - - -- Dollars ($ 10% of Bid Amount ) , 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 FIRST STREET REHABILITATION FROM GRAND AVENUE TO 1 -5, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 11/29/2010 personally appeared _ before me, DEBORAH D. DAVIS, NOTARY PUBLIC MARK D. IATAROLA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/ their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \ /t�p ygA40F Th DEBORAH D. DAVIS \, R� EUFEM. FsA N r m o COMM, #1737411 Cf) N NOTARY PUBLIC-CALIFORNIA � SAN DIEGO COUNTY cA4pOP�:�P IvIly Comm Fxp. APRIL 21,2011 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. A--,_bA� Signature of Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL [ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A--,_bA� Signature of Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL [ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE f3l SAFECO' FIRST NATIONAL SURETY BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A -310 SAFECO Insurance Company PO Box 34526 Seattle, WA 98124 -1526 KNOW ALL BY, THESE PRESENTS, That we, BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTN: SURETY CLAIMS DEPARTMENT of 1001 4TH AVENUE, SUITE 1700, SEATTLE, WA 98154 as Principal, hereinafter called the Principal, , a corporation duly organized under the laws of the State of Washington , 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 GREATER AMOUNT BID---------------------------------------- - - - - -- Dollars ($ 10% of Bid Amount ) , 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 FIRST STREET REHABILITATION FROM GRAND AVENUE TO 1 -5 PROJECT NO. 116735 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 terms 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 material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 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 perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. i } Signed and sealed this 29TH day of November 2010 BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION (Seal) ( k Principal Witness 1 OMPdL. Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA II}} ��/ Witness { By / /� CL'(`JCG� MARK D. IATAROLA, Attorney -in -Fact r4irrvtr Iuuu ® A registered trademark of SAFECO Corporation FRP