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ELITE BOBCAT SERVICE, INC.
Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council, City of Santa Ana Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllll NO FEE 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, cA 92702 201 1000269940 8:50 am 06/01/1 1 143 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY .�'c�ai� z., NOTICE OF COMPLETION ;, NOTICE IS HEREBY GIVEN that the undersigned City of Santa Aria, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza; "' San£a Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of CHESTNUT AVENUE REHABILITATION FROM STANDARD AVENUE � TO ELK LANE under contract entered into on JANUARY 18. 2011, with ELITE BOBCAT SERVICE INC., on which contract SURETEC INSURANCE COMPANY is surety. The wproperty on which such work improvement was placed is in the City of Santa Ana, County of w c Orange, State of California, and described as Project No.l 1 -6734 located at: CHESTNUT m � AVENUE. The work improvement on said property was accepted as completed on MAY 27. z w 2011. A � o� CITY OF SAN�j ANA, A MUNICIPAL CO PORATION � by � �- '�--- C -�L-1 � � Dated: � � � � Z � � � City n�ineer � F C7 � TITLF. QZ_ _ CV] ____________________________________________________________ _______________________________ O � VERIFICATION 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 � l � � ZQ < < , at Santa Ana, California o - (Signature o individual swearing [hat the contents of NO[iCC of Completion are [rue.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION ��� u� 11� 1�--� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: CONTRACT AWARD FOR CHESTNUT AVENUE REHABILITATION BETWEEN STANDARD AVENUE AND ELK LANE (PROJECT NO. 116734) / l� �7�- o'r""'�- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED JAN 1 8 2011 �- As Recommended) �3 /4- 0 As Amended � Ordinance on Esc Reading 0 Ordinance on 2 "d Reading � Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $713,763 for construction of Chestnut Avenue from Standard Avenue to Elk Lane. 2. Approve a funding analysis with a total estimated construction cost of $856,500. DISCUSSION Chestnut Avenue from Standard Avenue to Elk Lane has been identified as a high priority on 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 and driveway approaches 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 visual appearance of the streets_ The Notice Inviting Bids was advertised on December 3 and 6, 2010, and bids were opened on December 22, 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: 13 Bids received: 6 Bids received from Santa Ana contractors: 1 Contract Award For Chestnut Avenue Rehabilitation January 18, 2011 Page 2 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. 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. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1 . Elite Bobcat Service, Inc. Corona $713,763.00 2. Sully - Miller Contracting Company Brea $721 ,327.50 3. Hardy &Harper Santa Ana $722,000.00 4. R.J_ Noble Company Orange $728,537.84 5. All American Asphalt Corona $747,747.00 6. Excel Paving Company Long Beach $788,983.00 A total of six bids were received and all were responsive_ The lowest bid was submitted by Elite Bobcat Service for $71 3,763, which is below the Engineer's estimate of $740,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No_ 2010 -133 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $856,500 for the project (Exhibit 2). Funds are available in the Proposition 42 Fund (accounting unit 02817660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: r' Raul odinez I Francisco Gutierrez f-� Executive Direc r Executive Director Public Works Agency Finance &Management Services Agency RG /ET Exhibit 1 : Project Location Map 2: Funding Analysis W i J` D Q D z Q V1 N W nP 'P �`� GHtJINUI Avtrvut a r z a N // /� � � . SANTA ANA T I TLE � � P�A E DA DATiE: CHESTNUT AVENUE REHABILITATION ��^�' �° � °�� BETWEEN STANDARD AVE. AND ELK LN. _ """°'° "�' (PROJECT NO. 116734) W Q O 2 1c� a 5 d' J L7 W N FUNDING ANALYSIS PROJECT NO. 116734 CHESTNUT AVENUE REHABILITATION FROM STANDARD AVENUE TO ELK LANE Construction Contract $713,763 Contract Administration $18,874 Inspection and Testing $35,830 Survey Staking $16,657 Contingencies $71 ,376 TOTAL ESTIMATED CONSTRUCTION COSTS $856.500 Exhibit 2 ORANGE COUNTY R E P O R T E R -SINCE 1927 - 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 54.3 -2027 / Faz (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: Chestnut St Rehab: Standard -Elk I am a citizen of the United States and a resident of the State of Califomia; 1 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 Califomia, under date 06/20/7 922, 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: 12/03/2010, 12/06/2010 Executed on: 1 A[ Los Angeles I certify (or declare) under penalty Oririit�{ that ego�Ig is true and correct. ,� /J , / TMs space f« nling stamp only OR #: 2000149 NOTICE IN Vfi1N0 BIDS NOTICE IS HEREBY GIVEN that the Qty of Santa Ane, Celi /omie will receive et Ciy Hall -Ross Annex, (M -43). 20 Gvle Center Pleld, Sente Ana, r:elNOmle 92]01, the Publle W rk A FI on or ore a our o p m. on mbar 22. 2010 saaletl bids and/or proposals for PROJECT NO. 118]34: CHESTNUT AVE. FROM STANDARD AVE. TO ELK W. (Work includes esavetlon, aephah concrete, edtlnYlling, Pavement fabric, repaeertaxn a aarrreyetl concrete euro, putter, aldewalka, drive aPproechea. construction of concrete eroea- gunera. 8 euro ramps, adjust ullllty frames and eovere to vretie. algMng 6 atdping, inatellation of traffip detect« loops.) Notice la herepy given BIDDERS that in ecc «tlanee with the provisions q the CaNlomla Labor Code, rxN less then the prevelNng rata q per tliem wages for each erek or type q worker and mechanic needed ro execute the conbaq h the locality in which nre work la to be Perlormetl, one nq less than the general pprevailing rate q per diem wages for haidey and oveNrre work as detemanatl by the Director q Intluatrlel Relations d tlta State of Califomia ahan be pall to all workere employed. Each bitl anon be acconpanlad by each, e eaehle�a or oertlfietl check payable to Me Ciy q Santa Ane, or atl bontl issued by e corporate surely. for en ertqunt not lase than ten percent (10° /.) of the ap regale of the lad, as a guarantee Mgat the BIDDER will enter Into Ma propoaatl corxract If the same Is awerdetl b him. The sl9returo o1 the BIDDER on the b1d bprW MUST be rwfensd. The GH Counpil reaervea nIe dpht to rojact any or ell dds. The successful BIDDER moat possess or obtain a valid Califomia Gass A contractors Ibense pd« to Me achetluletl award tlete q this eontreq. Substitution of eacudtiea t« anY rtx)niea withheld by the City q Santa Ana to ensure petlomvinee is allowed In accordance with the Pudic Contract I here Ia a a¢s.aa c arge non- n e) for these Plana antl Speegieatioru, us a minimum E14.42 atlationel lee If melted. Make checks payable to the Gty q Santa Ane. Contractors me have the oplon to pier up a CD of the electronic plena end apeelficationa at the Pudic Works Agency for free a charge 11 nq buyin the full set of wane and epeeifieattons. A�opntraetore purohasing pen set or dNeining Irae CD from the ry are recuired to proNde a velltl small erJdrsas for adtlentlum nglfication Ne smalls. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 12/3, 12/H%O OR- 200g149e 1 1111111 IIII IIIII IIIII IIIII IIIII IIIN 11111 IIIII 1111111111 IIIII III III IIN * A 0 0 0 0 0 1 9 6 3 3 8 1 CITY OF SANTA ANA — PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. PROPOSAL &t CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: � \��� gc��cO� Sever � � Zv�c �, 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 sums) set forth in the following schedule: f Item # Bid Item Unit uantity Unit Price Amount 1. Unclassified Excavation CY 1,950 $ ``iJ� � $ �7 %��.� 2. AC Pavement TN 6,750 $� $ �/�,r. o�,SQ . 3. Cold Mill SF 77,180 $ ..2� $_/ � o2.9S � � 4. Pavement Fabric SY 22,000. $ � . � � � o0 $ � — 5. PCC Sidewalk (T=4 ") SF 480 $� $ ` Q�Q, l 6. PCC Curb and Gutter LF 1,400 $ 2 % . o� $�9. YO�O . 7. PCC Curb Ramp SF 700 $ � � $ � QQ�. � 8. PCC Driveway Approach (T =8'� SF 3,050 $� $ o2�j�Zm 9. PCC Cross Gutter SF 4,790 0 $ %_ �� $�_ 530. °� 10. Median Stamp Concrete SF 2,640 $ �/; �� $/�'�j�SO� o� 11. Adjust Survey Monument EA 5 $ y /a2 . O� $ � OIoO. �� 12. Adjust Manhole to Finished Grade EA 16 °° $ � �8. pi $� of 0�. 13. Furnish and Install Water Valve Box EA 28 $ (o %8. as $ /8i 98y Frame and Cover BP 1 of 13 CITY OF SANTA ANA PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. PROPOSAL 8z. CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 14. Adjust Pull Box to Finished Grade EA 1 $ ��p�_� $�(o�.� 15. Core Curb Drain EA 1 $ ,S�t�_ e o $ ' 7 0th + �, 16. Furnish and Install Traffic Loop EA 52 $ f $$, �� $ 9 % %�, ®� Detector -� 17. Signing and Striping LS 1 00 $ v�$ Q OD. � oio $ �� 00�, — 18. Temporary Construction Sign EA 2 $ �p QQ_ �� $ �a, �Q. eo 19. Railroad Requirements EA 1 $ 1.500 $ 1.500 TOTAL 'j' This d® � ��-- $� 7G3. Section 2 -3.2 of the Standard Specifications. PROPOSAL 8r. CONTRACT AGREEMENT PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. Firm Address Phone Fax Email BIDDER Signature BP2of13 BIDDER ����e. B��o� S�x�1�cR�1 -v�� �9C Ohq � C� �Z�1 . v.5 CITY OF SANTA ANA PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 $1 0,000, whichever is greater - Buildings, parks, or other projects: %% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME E8 S 117`i % 1 "f"� �5 ii � i. s�, ifTey,�/�AME LOCATIO LOCATION PHONE �S/ e2 -y9 —G8'lo ! PHONE TYPE OF WSRK /YJQn /�. �� TYPE.OF WORK $ �u Brt�sn NAME G'ce�,y �Pi -q�`, s s ie n a. � E/M r. �' . LOCATION ��n,y" /Q n��_ i o /►'rS PHONE{,L 3 Q � /338 TYPE OF�VO %mss � $�— L s S NAME (2i?Gq ng� [�u J`� /T� LOCAT19N O cn4e_ PHONE�7iy� fo�� rj/,s�b TYPE OF WORK S ri�0iino $���� � �� NAME Q.P.0 � � i�- ll�,�� LOCATION [�ro�cL. PHONE TYPE OF O pp �Qbr:L NAME LOCATION PHONE TYPE OF W RK $ Name Subm�ng Bid Signature of BIDDER �os�Q� doh <� NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ BP3of13 CITY OF SANTA ANA PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. PROPOSAL c� 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 fizxnish 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 aze solely for the purpose of compazing 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 Signature of BIDDER Title Q .� ,� S��g.�� (ifan� individual, so state) BP4of13 CITY OF SANTA ANA PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE: TO ELK LN. 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.) Awarded to__��_F5(,�t�'15v��j�ION OF COUNCIL: ort the -basis of lowest • _ay;,ons:o�e and responsive bidder in the ar , � � ^ � u+ ATTEST: L �, ^ �%� ! -� � CLERK OF THE CDUN APPROVED AS TO FORM: I ATTO I � ACCEPTED FOR THE CITY OF SANTA ANA: EXE TIVE DIRE T R PUBLIC WORKS A NCY BPSof13 CITY OF SANTA ANA PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 aze employed, and that employees aze treated during employment without, regazd 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 bazgaining 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 1 1246 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 declazed 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. BP6of13 CITY OF SANTA ANA "- PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 1 1246 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 vendoa 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 Secti�s subject to all the penalties imposed for a violation of the Chapter. Signed Title Qr�s�a.��� Firm ����� $p��q� S�`cV \L� �.`c\� Date ��.«����•( 2� , Z��O BP7of13 CITY OF SANTA ANA PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 awaze 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 employees) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate fi-om 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. Signed Title � .� �, 5�a.�•��c Firm '�� ��� �O� 4� SQ.`C �1 v '�@ Z`n� Date ��«�c�`�sz`C `Z� �� 2��� BP8of13 CITY OF SANTA ANA PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similaz work within the past two years. 1. 2. 3. F� Address of Owner. Name and Telephone Nu ber of person familiar with project. �z ;Z3�,,�.6o s�r�� zhpY o.,��eb�s 4q�-zo�4 Contract Amount Type of ork Date Completed ��ti� o� Los �hq��� ��� 5 �ve�c.�ov� �vQ A�or.��roy �-� Name an Address of owner. \ _�:rn�z B1.iorQho. C�2�) U,S�- 3 \yS Name and Tel hone Number of person familiar with project. � \ ��-\C \ �z�� 5��e��c Zr.��Y4yQ�.�h�s 4q 120 \D Contract Amount Type of Work Date Completed Name and�Telephone Nun Contract Amount of person``familiaz with project. Type of Work Q � � zo�� Date Completed The following aze the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. ``� ` � � � � BP9of13 CITY OF SANTA ANA PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiaz 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 standazds of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standazds for the employment and training of apprentices in the azea or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standazds. 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 Calif iia Apprenticeship Council. Signed Title � cas��.�.�� Firm �����. ���y� S�`C V \�� , Zhu Date ��L�ri�`���C 2� � ^Z��� �, BP 10 of 13 C�1 Y 1►•L�a �Y_ \III II_�i�/_� PROJECT NO. 116734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 declazes 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 awazding the contract of anyone interested in the proposed contract; that all statements contained in the bid aze 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 aze cautioned that making a false certification may subject the certifier to c*�rninal prosecution: Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of 20� by ,proved to me on the basis of satisfactory evidence to be the persons) who appeazed before me. Notary Public Signature Notary Public Seal BP 11 of 13 JURAT State of Cali rnia County of 'w� \���`� } ss. Subscribed and sworn to (or affirmed) before me on this � day of proved to me on the basis of satisfactory evidence to be the person�s,�who appeared before me. JEFF LEE ` "� _ Commisslon # t 771 954 - •_m _= Natory Public - Callfornla _ � � Rlverslde County - MYGomm. Expires Oct 5. 201 1 ` `C _ Signature otary {seal) OPT /ONAL /NFORMAT /ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice- President /Secretary /Treasurer Other: Other Information: Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is available. : -'• 2008 Allstate Notary Preparation, Inc. - (80Qi f89 -8456 - vvww.allsta tenota ry.com CITY OF SANTA ANA PROJECT NO. 116734_ CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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 Firm �� \''C Z �O\��a� STZY V \� ��(\� ,� Date BP 12 of 13 CITY OF SANTA ANA - PROJECT NO. 1 16734: CHESTNUT AVE. FROM STANDARD AVE. TO ELK LN. 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: ����� �p�j�p� 5�.� y �`� �'hC ,, Business Address: \3Zp � ��� 5� � \0� � `o�0'�c�0.� �� �"���q Telephone: <�S� -Z�q— ���`\ \ State Contractor's License No. and �Z_0�� Class: Expiration Date: ����� 3 Signed: Title: av��� BP 13 of 13 Bond $ 3 -B Premium: Nil BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Elite Bobcat Service , Inc . as principal, hereinafter called the "Principal,° and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto Cit of Santa Ana as obligee, hereinafter called the Obligee, in the sum of ten percent of amount i ($ 10`s) of the Amount Bid by Principal 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 Chestnut Avenue Rehabilitation #116737 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, 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 pertorm the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contracYshall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover- therentire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 16th day of December . 20 1 O Elite Bobcat Service, Inc. (Principal) BY: DS P O.h<� TITLE: C� � �s ���v�� SureTec Insurance Comoaw Richard A. Coon ,Attorney -in -Fact suretec bid bond flle_doc Rev 1.x.06 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12 -16 -10 Oate before me, Lexie Sherwood Notary Public Here Insert Name and TIHe o1 the Officer personally appeared Richard A. Coon Names) o/ Signers) LEXIE SHERWOOD ` - COMM. #1856389 3 NOTARY PUBLIC � CALIFORNIA � ORANGE COUNTY Comm. Exp. JULY 27, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) 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 signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wgness my Eland and iciest seal.��� Si nature /X /�/ OPT /ONAL SignaWre of Nota�y'PutNic � Though the information be /ow is not required by /a w, it may prove va /uab /e to persons relying on the document and cou /d prevent fraudulent removes/ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name O Individual O Corporate Officer Title(s): � Partner � Limited � General � Attorney in Fact � Trustee O Guardian or Conservator O Other: Signer Is Representing: Number of Pages: Signer's Name: O Individual � Corporate OfficerTitle(s) � Partner O Limited D General � Attorney in Fact � Trustee � Guardian or Conservator � Other Signer Is Representing: ©200 National Notary Association � 9350 De Soto Ave.. P.O. f]ox 2402 - Chatswortll, CA 91313 -2402 - www.Na[ionalNOtary . org Item It5907 Reorder: Gall Toll -Free 1- BOO -8�6 -6827 PoAU: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the Slate of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Richard A. Coon its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00 /'100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until toi3ti2ot2 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -tn -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 201 O. SuFiANCF SURETEC INSU E C PANY �uc'2�..•X cOg Y• 9 B w' w �> John I o Jr., resident State of Texas ss: � ;•. -t�- r ty��t County of Harris - -- ' • m On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �.•`.: ^�'%%:� JAC6lUELYN MALDONADO a �' Notary Public, State of Texas =.. My Commission Expires acq ely aldo ado, Notary Public ,'!o.� ='' May 1 8, 2013 y comm sion ex s May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, [fie resolutions of the Board of Directors, set out in the Power of Attomey are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 16TH day of DECEMBER 2010 A.D. M. Brent Beaty, Assistant Secretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For veriRCation of the authority of this power you may call (713) 8'12 -0800 any business day between 8:00 am and 5:00 pm CST. State of California County of Riverside On December 21. 2010 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. n � q5 O s� Signature �N— (Seal) Q o` o s 2 Q� INC. ELITE BOBCAT SERVICE �' GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 � CORONA, CA 92879 Tel: (951) 279 -6869 � FAX: (951) 279 -6832 City of Santa Ana Public Works Agency Receptionist � 20 Civic Center Plaza, 4TH FLOOR Santa Ana, CA 92701 3� b � � `O �� �• �- �. a `�� 3 . `. SEALED BID FOR Chestnut Avenue Rehabilitation Project No_ '1'16734 Due: 12/22/10 aG� 2 =00 PM