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VASILJ, INC.
Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza, P.O. Box 1988 Huh Nu en, Clerk- Recorder Santa Ana, CA 92702 NO FEE 20!4 AUG -4 Pm t4: 3 * $R 000685 8261 $ 201400029970211:38 am 07128114 CITY OF SANTA ANA 48414 N12 F13 1 .EPM 0 !:;{?llad�';!i < 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0TIN NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused a construction of WESTMINISTER AVENUE SEWER IMPROVEMENTS under contract g entered into on JUNE 17, 2013 with VASILJ, INC., on which contract FIDELITY AND w DEPOSIT COMPANY OF MARYLAND is surety. The property on which such work W4o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No. 12 -6605 located at: WESTMINISTER AVENUE. The work Aw improvement on said property was accepted as completed on JUNE 27, 2014. �w p CITY OF SANT - Q, A, MUNICIPAL CORPORATION wF b3 % �— ��dlq F��, trans) 4k x / C Dated: ` City Engineer q TITLE ----------------------------------------------------------- a-------------------------------- 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 of the City Council of the City of Santa Ana; I have read said notice and lmow the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on Z/ l at Santa Ana, California (Signature of individual sweating that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION z') REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER IMPROVEMENTS (PROJECT 126605) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to the lowest responsible bidder, Vasilj, Inc., in accordance with the Base Bid, totaling $1,006,281.50 for the construction of Westminster Avenue Sewer Improvements Project. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $1,286,219.50. 3. Approve the Westminster Avenue Sewer Project Construction and Reimbursement Agreement with the Garden Grove Sanitary District (Exhibit 2), subject to non - substantive changes approved by the City Manager and City Attorney. This project consists of replacing approximately 3,300 linear feet of sewer main on Westminster Avenue between Harbor Boulevard and Roxy Road (Exhibit 3). The scope of work consists of replacing the existing, undersized 12" vitrified clay pipe (VCP) with a new 15" VCP. The City of Santa Ana and the Garden Grove Sanitary District jointly use the sewer main. Both agencies have determined that a larger sewer main is needed to provide adequate peak sewer flow capacity and prevent the risk of sanitary sewer overflows. In addition, Santa Ana and the Garden Grove Sanitary District have determined that a new cooperative agreement is necessary to determine each party's share of the construction costs. As detailed in the agreement, the City of Santa Ana will be responsible for approximately 32% of final construction costs and the Garden Grove Sanitary District will be responsible for the remainder. Staff recommends approvals of the agreement to continue the City's partnership with the Garden Grove Sanitary District and confirm the construction financing. Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Page 2 The Notice Inviting Bids was advertised on March 24 & 26, 2013, and bids were opened on May 14, 2013. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana Contractors receiving notices 6 Contractors requesting bidding documents 21 Bids received 8 Bids received from Santa Ana Contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BASE BID 1 Vasilj, Inc. Irwindale $1,006,281.50 2 Paulus Engineering, Inc. Anaheim $1,047,155.00 3 Kana Pipeline, Inc. Placentia $1,083,000.00 4 Ramona, Inc. Arcadia $1,229,988.00 5 Andrew Papac and Sons South El Monte $1,264,455.00 6 Dominguez General Engineering, Inc. Rosemead $1,465,112.00 7 KEC Engineering Corona $1,466,466.50 F8 Mike Ruffalo Co, Inc. Baldwin Park $2,080,475.00 A total of 8 bids were received and deemed responsive. Vasilj, Inc., submitted the lowest responsive bid. Their $1,006,281.50 bid is 27 percent under the Engineer's Estimate of $1,390,182. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemptions Environmental Review No. 2013 -8 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Page 3 FISCAL IMPACT The estimated total construction cost of this project is $1,286,219.50, which includes construction administration, inspection, testing, survey, and contingencies (Exhibit 1). Funding is available to cover costs in the Sewer Connection Project Fund (account 05517660 - 66220). Raul Godinez fl .E. Executive Director Public Works Agency RG /TC Exhibits APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency,° 1. Cost Analysis 2. Westminster Avenue Sewer Project Construction and Reimbursement Agreement with Garden Grove Sanitary District Project Location Map - Westminster Avenue Sewer Improvements Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 COST ANALYSIS PROJECT 126605 WESTMINSTER AVENUE SEWER IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 1 $1,006,282.50 $28,595.00 $91,322.00 $20,020.00 $140,000,00 $1,286,219.50 ATTACHMENT Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Exhibit 2 WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND REIMBURSEMENT AGREEMENT This WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND REIMBURSEMENT AGREEMENT (this "Agreement ") is made and entered into by and between the Garden Grove Sanitary District, a subsidiary district of the City of Garden Grove ( "District "), and the City of Santa Ana, a municipal corporation ( "City "). District and City are sometimes individually referred to as each "Party" and collectively referred to as the "Parties" RECITALS A. City and District jointly use and share capacity rights in certain sewerage facilities located in Westminster Avenue, which shared sewerage facilities are owned, operated and maintained by each Party within its respective territorial jurisdiction, all in accordance with that certain Agreement for Joint Use of Sewerage Facilities in effect between the Parties. B. In order to mitigate the risk of sanitary sewer overflows and to provide adequate peak flow capacity in these shared sewers, the Parties have determined that it is necessary to construct new sewerage facilities in Westminster Avenue between Harbor Boulevard and Nancy Lane to transport wastewater at the estimated ultimate capacity of both the City and District. The design and construction of these new shared sewerage facilities is referred to in this Agreement as the "Westminster Avenue Sewer Project " C. The new shared sewerage facilities to be constructed pursuant to the Westminster Avenue Sewer Project will be located in portions of both City's and District's territorial jurisdictions. Notwithstanding the provisions of the for Joint Use of Sewerage Facilities providing for each Party to be responsible for the design and construction of new and replacement shared sewer facilities within each Party's respective jurisdiction, City and District have determined it is in the best interests of both parties for City to design and construct the entire Westminster Avenue Sewer Project and for District to reimburse City for District's fair share proportionate cost of such design and construction, D. City has prepared, and District has reviewed and approved, the plans and specifications for construction of the Westminster Avenue Sewer Project (referred to internally by City as "Project No. 12 -6605 Westminster Avenue Sewer Main Improvements "), which plans and specifications incorporated into this Agreement by reference ( "the Plans and Specifications "), E. The Parties' respective fair share proportion of the cost of the Westminster Avenue Sewer Project is based on the Parties' respective estimated ultimate average flows from the areas tributary to the segments of the shared sewers to be constructed as part of the Westminster Avenue Sewer Project, which tributary areas are depicted on Exhibit "A" attached hereto, and which flows are prorated as calculated and shown on Exhibit "B" attached hereto. The estimated total final cost of the Westminster Avenue Sewer Project, including engineering and construction costs is One Million Five Hundred Twenty Thousand 912756.1 Exhibit 2 Dollars and 001100 cents ($1,520,000.00) (the "Estimated Project Cost "). City's fait share proportion of the Estimated Project Cost is Four Hundred Ninety Thousand 'twenty Seven Dollars and 001100 cents ($490,027.00). District's fair share proportion of the Estimated Project Cost is One Million Twenty Nine Thousand Nine Hundred Seventy Three Dollars and 00 /100 cents ($1,029,973.00). The calculation of the Estimated Project Cost and City's and District's respective fair share proportion of the Estimated Project Cost is set Forth in Exhibit "C," attached hereto and incorporated herein by reference. G. The Parties desire to enter into this Agreement to specify the terms pursuant to which City will construct, and District will reimburse City for District's fair share proportionate cost of, the Westminster Avenue Sewer Project. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, it is hereby agreed by and between the City and the District, as follows: AGREEMENT 1. Ecpjqct Construction LI.City shall be responsible, at City's sole cost and expense, for bidding, awarding, and administering a contract for the construction of the Westminster Avenue Sewer Project, in conformance with the Plans and Specifications approved by the District and in accordance with all applicable laws governing construction of public works by either City and /or District, including, but not limited to, laws governing public bidding and the payment of prevailing wages. District shall be responsible for its own Project administration costs, including review of contract change orders, District inspection of the Project and District project coordinator activities. The contractor selected by City to construct the Westminster Avenue Sewer Project shall be hereafter referred to in this Agreement as the "Project Contractor," and the contract between City and the Project Contractor shall hereafter be referred to as the "Project Construction Contract," In the event the projected actual cost of the Westminster Avenue Sewer Project, as reflected in the bid of the lowest responsible bidder to which City intends to award the Project Construction Contract, exceeds the Estimated Project Cost by twenty percent (20 %), City shall not award the Project Construction Contract without prior approval of District's Board of Directors. 1,2. City shall ensure that the Project Construction Contract requires the Project Contractor to provide insurance acceptable to District, to name District and the City of Garden Grove as additional insureds, and to indemnify, defend, and hold harmless District and the City of Garden Grove in a manner approved in writing by District prior to award of the Project Construction Contract. City shall not permit construction of any portion of die Westminster Avenue Sewer Project to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by District. 1 912756.1 13.City shall be responsible for ensuring that the Project Contractor constructs the Westminster Avenue Sewer Project in a timely manner. The estimated schedule of construction of the Westminster Avenue Sewer Project is attached hereto at Exhibit "D." 1.4. City shall be responsible for processing all contract change orders ( "CCOs ") that are necessary for the completion of the Westminster Avenue Sewer Project and shall obtain District's approval for those CCOs affecting District sewerage facilities and /or District's fair share proportion of the Actual Final Project Cost (as defined in Section 2.2) in accordance with this Section prior to instructing the Project Contractor to proceed in accordance with a CCO. District shall provide either concurrence with or comments on CCOs within five (5) business days of City's submittal of CCOs to District. Should District fail to provide either timely comments on or concurrence with any CCO submitted by City within five (5) business days of such submittal, such CCO shall be deemed approved by District. Delay costs resulting from District's review of change orders shall be charged to District, 1.4.1.District shall designate a project coordinator to facilitate District inspection and approvals. Said project coordinator shall have authority to approve change orders required 1.5. City shall require and ensure that the Project Contractor warrants and guarantees all work related to the Westminster Avenue Sewer Project, and all parts thereof, including that performed and constructed by subcontractors, sub subcontractors, and others employed directly or indirectly on and for such work, against faulty or defective materials, equipment, or workmanship for a period of at least one year from the date of the City's written final acceptance of the work or such longer period of time as may be prescribed by law or by the terms of any special guarantee or warranty required by the Project Construction Contract. City shall and hereby does assign to District all contractor and manufacturer warranties and guarantees required by the Project Construction Contract or otherwise for those sewerage facilities and appurtenances which will belong to District. 1.6. District shall be entitled to inspect all portions of the Westminster Avenue Sewer Project within District's territorial jurisdiction, and City shall not approve a Notice of Completion for any sewerage facilities and related improvements that will be owned and maintained by District until such facilities kind improvements are approved and accepted by District. Notwithstanding the foregoing, District's failure to approve and accept, or provide written notice to City of unaccepted work, within thirty (30) days of notice by City, shall constitute District's approval of the Project and a waiver of District's objections. 2. District's Reimbursemernt- City 2.1. Following award of the Project Construction Contract, City and District shall meet and confer to determine the actual anticipated total cost of the Westminster Avenue Sewer 3 912756.1 Project based on the Project Contractor's bid (the "Actual Projected Project Cost ") and each Party's respective fair share proportion of the Actual Project Cost in accordance with the Exhibits "C-1" and "C -2," respectively. Prior the commencement of construction of the Westminster Avenue Sewer Project, City shall invoice District for, and District shall pay City one -half (1 /2) of District's fair share proportion of the Actual Projected Project Cost. 2.2. Following completion of the Westminster Avenue Sewer Project, City and District shall determine the actual final total cost of the Westminster Avenue Sewer Project, including any additional costs attributable to approved CCOs, (the "Actual Final Project Cost ") and each Party's respective fair share proportion of the Actual Final Project Cost in accordance with Exhibit "C." Upon the later to occur of (i) one year from the date of District's first payment to City pursuant to Section 2. 1, or (ii) thirty (30) days following approval of a Notice of Completion for the Westminster Avenue Sewer Project, City shall invoice District for, and District shall pay City, the difference between District's fair share proportion of the Actual Final Project Cost and the amount of District's first payment made pursuant to Section 2.1. 3. Ownership and Future Maintenance of Facilities Following Completion of Project. The ownership and responsibility for future operation and maintenance of the share sewerage facilities constructed pursuant to the Westminster Avenue Sewer Project shall be governed by the Agreement for Joint Use of Sewerage Facilities in effect between the Parties. Any and all improvements within the territorial jurisdiction of the District and designated as District owned improvements pursuant to the Agreement for Joint Use of Sewerage Facilities shall become the sole property of the District when finally approved and accepted by District. Any and all improvements within the territorial jurisdiction of the City and designated as City owned improvements pursuant to the Agreement for Joint Use of Sewerage Facilities shall become the sole property of the City when finally approved and accepted by City. 4. Indemnity. Each Party hereby agrees to indemnify, defend, protect and hold harmless the other Party, and its elected and appointed officials, officers, employees, representatives, volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers' compensation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the Project, or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of or failure to perform, any provisions or this Agreement. Neither Party assumes liability for the acts or omissions of persons other than each Party's respective officers, agents, or employees. In the event judgment is entered against both Parties because of joint or concurrent negligence of both Parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of 4 912756.1 the Parties Pursuant to this Section shall survive expiration or earlier termination of this Agreement. S. Alteration of Terms. This Agreement fully expresses all understanding of the City and District with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by the parties. 6. Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsintile or other telegraphic communication in the manner provided in this Section, to the following persons: CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M30) P.O. Box 1988 Santa Ana, CA 92702 Fax No.: 714- 647 -6956 With courtesy copy to: Santa Ana Public Works Agency Water Resources Division 220 South Daisy Ave., Bldg A Santa Ana, CA 92703 Fax No.: 714 -647 -3345 DISTRICT: Garden Grove Sanitary District Attention: General Manager 11222 Acacia Parkway P. O. Box 3070 Garden Grove, CA 92842 Fax No.: (714) 741 -5044 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. if sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, tedenrl, state, County or City holidays shall be excluded. 7, Term of Agrecnnent. This Agreement shall become effective upon full execution by both City and District and shall continue in full force and effect until all obligations of the District 912756.1 to the City are satisfied in full accordance with the terms of this Agreement. The provisions of Section 3 ( "Ownership and Future Maintenance of Facilities Following Completion of Project ") of this Agreement shall continue to remain in full force and effect following expiration or earlier termination of this Agreement 8. Severability. If any term, provision, covenant, or condition set forth in this Agreement is hold by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants, and conditions shall continue in full force and effect to the extent that the basic intent of the Parties as expressed herein can be accomplished, In addition, in such event the Parties shall cooperate in good faith in an effort to amend or modify this Agreement in a manner such that the purpose of the invalidated or voided provision, covenant, and condition can be accomplished to the maximum extent legally permissible; provided, however, that in no event shall either party be required to agree to an amendment or modification of this Agreement that materially adversely impacts its rights or materially increases its obligations or risks as set forth herein. 9. Waiver of Default or Breach Waiver of any default by either party shall not be considered a waiver of any subsequent default. Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a modification of the terns of this Agreement. 10. No Thirtl-Party Beneficiaries. Nothing in this Agreement is intended to create any third -party beneficiaries to the Agreement, and no person or entity other than the City and District, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. 11. Assienment. The District may not assign its interest in this Agreement without the prior written consent of City, which consent will not be unreasonably withheld. 12. Further Assurances. District and the City agree to execute, acknowledge and deliver any and all additional papers, documents and other assurances and to perform any and all acts and things reasonably necessary in connection with the performance of the obligations hereunder and to carry out the intent of the Parties. 13. ree gat rte o i le . The text of this Agreement is the product of negotiation among the parties and their counsel and is not to be construed as having been prepared by one party or the other. 14. GoveBi ng Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument, 9iz-rse.r 16. Recitals, The Recitals above are hereby incorporated into this section as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers as of the dates set forth below. CITY OF SANTA ANA Kevin O'Rourke Interim City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney 912756.1 GARDEN GROVE SANITARY DISTRICT at he J. Fertal General Manager Date: � T 13 ATTEST: I eat ,ee) a9d 4 Board Secretary APPROVED AS TO FORM: "iomas F. Nixon Attorney for District EXHIBIT "A" TRIBUTARY AREAS TO WESTMINSTER AVENUE SHARED SEWER SEGMENTS 912756,1 4�-,W ..,_ \ © :� ;4 2\ §� i� !!! ; f �k { ){ ■ �!! � / ,!,!■a §$! /f G ■s ))))f8eP92 /\ IIi00 §\ & \� f !!! EXHIBIT "B" PROPORTIONATE FLOWS FROM TRIBUTARY AREAS TO WESTMINSTER AVENUE SHARED SEWER SEGMENTS 912756.1 Ili L gE a S NN B� x g " ®r -�n�2 °i'k�'k3 g_ g °p'S5 �&4 Magi k�M H H" IMI 4 �� k'6 E G6 E P k�F3 H H y 4 4 -4gP' 8m $apEH d pps °3 � w 8 3H E $84R E eGi 1�Ag] >u y Dw3 aa'PP9g9 k u�fi a g a p qp d m Cpg 4 q g= C i a�e ; ag e w g w�$ w@ 4 � w y gg E 8 $ X16 8 �� " & NJ" °w...ti tl m &tlLM'Ell. u., IC9w a Sm um8ww I t9 p eQy iEb •. $$$II$e fiv qSa a N 4xAirm $i$ q 'Q _' ,. pp•3�3 1y�1m_p @ Bo rUyyd' "n °.y us8 m y� a PA9P OPPPePw MOANN PO6A�P Pboe age P6 a gPeePOPPPPPP00. o i 111 Ed Istl m° off) u °� tlo be Zv P P�Iri�Ra V y u Y ✓- pp�j P P a P P P P P P P P P P $ tl Y A m Ci Q 4 et � 6 EXHIBIT "C-I" ESTIMATED PROPORTIONATE SHARE OF PROJECT DESIGN COSTS 912736.1 TETRATECH BADS Von Karmen, none 500, Irvine, CA 92914 Tat 94B.ADD.60DP Fee, 949.809.6010 Client: City of Santa Ann Shoot Na. i of I projeot: WasiadnsterAvaSmvermain Improvements Job No.; 134.1100547- 0084 -04 CostSh"off esion Computed by: MBJ Checked by: MWB Date: 2/4/2013 pll.s .nov -umv sDaO oWunuuiGnxlurcomaga I �;i M 13�:Y 1iliib3ii ESTIMATED PROPORTIONATE SHARE OR PROJECT CONSTRUCTION COSTS 912756.1 TETRATHCH 17883von Knrmaa,saila Methne, C 92814 TO 9400094000 Fax; 949.009.5910 Client City of Santa Ana Shoet No. I of I Project Westminster Ave Sewer Main Improvements Job No. 134- P00599- 0086.04 Cost Sharing Cost Estimate Computed by: MID Checked by MW& Date: 2 /42013 A.nampotees. 1. Percentage of cost assigned to Santa Ana and Qarden Grove equ9ls the percentage of flow each City contributes between each manhole. See ruched spreadshccrfor percar tn6as. 2. Peromeago of lump sum items in each reach is calculated as the porecntago ofpipoline connected in each reach divided by the total amount ofpip l no. See Table A below. 1, J}W59NABGV'nyioaenngtl 10.lanmmwlCbn CnlmloCOn st ad.r TETRA. TECH 17809 van Kaman, 5ulIe 500. Irvine. CA 92014 TO 949.009.6000 Fm: 949,09.5010 f".NWS'P'di841[ ginmrindtl]K1u�GnimYglCwl Gs'ingm2oa51nl�np TETRA TECH 1]8W V00 K.mm9,90 a 90q lrvin., CA 02614 TO 949.9991999 FB ..949109.9919 P:V' SO5 R4T,inouAi,S%MNI nst lwt o,l B,fi ,Ca swd, TETRA TECH 11885 Von Kawon.8Ne 500 Irvine, CA 02819 IN A 646:800.5000 FV: 049.809.5010 P:NN59]ICOg6V?ngueunngbl'4Svll �inmrslCml &IlmneLmi5lnryng EXHIBIT `°D" ESTIMATED SCHEDULE OR PROJECT CONSTRUCTION 912756.1 FO� TO: Rudy Rosas, P.E., City of Santa Ana FROM: Mark Bush, P.E., Tetra Tech JOB TITLE: Westminster Avenue Sewer Improvement Project PROJECT NO: 134- P00597- 0086.04 (300) SUBJECT: Estimated Schedule for Construction DATE: February 19, 2013 WIAM%Mfl� 011 The Estimated Schedule for Construction is based on Tetra Tech's experience with similar projects of nature, size, and knowledge of the City's existing system. The following permits are to be obtained by the Contractor prior to construction: City of Santa Ana Encroachment Permit City of Garden Grove Engineering Permit In order to obtain these permits, the Contractor is responsible to prepare traffic control plans and submit to the agencies listed above and obtain approval. Traffic control plans shall be submitted to the City for approval no later than four (4) weeks after the award of the contract. The Contractor's activities shall be confined to the following hours: I. From 9:00 a.m. to 3:00 p.m., Monday through Friday, except as otherwise noted. 2. Construction activities within the intersection of Harbor Boulevard and Westminster Avenue shall be performed from 9 p.m. to 5 a.m., Monday through Friday. 3. All direct tap lateral connections to the existing sewer laterals, including installation of cloan -outs, shall be performed from 9 p.m. to 5 a.m., Monday through Friday. 4. The work at the intersection of Clinton that requires the upstream manhole (South Clinton) to be plugged in order to install the new 8 -inch sewer pipe shall be performed from 9 p.m. to 5 a.m., Monday through Friday. The aforementioned hours impact when the work can be performed and the Contractor's production rates. The Contractor will also be responsible to obtain the following permits, but these are not believed to be critical path items: Business Liceme, Each Prime Contractor and Subcontractor shall obtain and pay for a Santa Ana Business License and a City of Garden Grove Business License. Detailed information concerning business license may be obtained from the Finance and Management Services Agency, (714) 647 -5447, City Hall. P; \P00597 \0086\WordPro \04 \Corn pondeneelrno02- 2013- 02- 19- mv.doc(300) February 19, 2013 Page 2 2. Construction Water Permit. Each Prime Contractor or Subcontractor which desires to obtain water from AGENCY -owned fire hydrants for construction or any other purpose shall first obtain and pay for a permit from the Corporate Yard of the City of Santa Ana at 220 South Daisy Avenue. Information concerning costs and conditions may be obtained from the AGENCY by calling (714) 647 -3320. Use of private water from a hose bib Is not allowed. 3. Disposal Permit. In accordance with the procedures of the Orange County General Services Administration (GSA), the cost for the disposal of all materials at County landfill sites shall be home by the Contractor. 4. OSHA Excavation Permit. Contractor shall obtain an OSHA excavation permit, including an inquiry number from "Underground Service Alerr'. Summarized herein is suggested phasing for construction activities: 1. Submit shop drawings and obtain permits; 2. Phase I: Construct 15 -inch and 8 -inch sewer main and manholes from connection at Harbor Boulevard to Roxey Drive and test main and manholes. Do not divert flow into new main. Construct new manholes over existing 8 -inch laterals and maintain lateral through manhole. Construct service laterals partially across the street to the limits of the traffic control. Install inflatable plugs and temporary caps in service laterals at Sta. 924-20, Sta. 93 +67, Sta. 94 +32, and Sta. 95 +68. 1 Phase II: Starting from Harbor Boulevard and working east to Sta. 88 +50, continue constructing service laterals and clean-outs and connect new service lateral to existing service lateral. Break and remove the existing laterals constructed through manholes, divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. 4, Phase IIF. Break and remove the existing lateral constructed through new manhole Sta. 89 +26.3 (Sta. 9 +86.5 Clinton) and divert flow into new 15 -inch sewer main, Maintain flow from South Clinton into existing 12 -inch sewer. Construct new 8 -inch sewer to the south within limits of the traffic control. S. Phase IV: Break and remove the existing lateral constructed through manhole Sta. 92 +78.4, divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. Break and remove the existing lateral constructed through manhole Sta. 96 +18.5 (Stu. 9 +86.5 Roxey) and divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. Re- channel the manhole base at existing manhole Sta. 96 +18.5 and divert upstream flow at Roxey Drive into new 15 -inch sewer, and construct a brick and mortar plug in the outlet no longer being used. 6. Phase V: Working east to west from Ste. 96 +18.5, construct laterals and clean -nuts and connect new service laterals to existing service laterals at Sta. 92 +20, Sta. 93.1.67, Sta. 94 +32, and Sta. 95 +68 (Typo B laterals) and connect now service laterals to existing service laterals. 7. Phase VI: After all flows upstream of existing manhole at Sta. 9+71.8 (Clinton) have been transferred to the new 15 -inch sewer, make final connection of 8 -inch sewer picking up flows from South Clinton. Temporarily plug upstream manhole on 8 -inch sewer, remove manhole, and make final connection. P; \P00597\ 0086 \WordPm \04\Corre pondence\mo02- 2013 -02- 19- rev.doc(300) lei �Li)�n'It`t�! February 19, 2013 Page 8. Phase VII: Abandon existing 12 -inch and 8 -inch sewer mains and manholes. 9. Phase VIII. Construct grind and cap. This is only an estimated schedule; the actual schedule and phasing may vary due to field conditions and performance /production rates of the Contractor. Notwithstanding, the Contractor shall complete all work under the contract within 140 working days from the date of the Notice to Proceed issued by the City of Santa Ana. Construction on the project shall begin within one (1) month from the award of the contract. Once work has begun on the project, the Contractor shall work continuously on the project until work is substantially complete. MWB /mn P; \P00597\ 0086 \WordPro \04 \ConespondenceWo02 - 2013- 02- I9- rev.doc(300) Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 TRASK AVENUE i sANTA ANA Tft WESTMINSTER AVENUE F� WA ■ SEWER "N IMPROVEMENTS A..Mf Misr PROJECT NO, 12 -6865 Exhibit 3 HUCKLEBERRY RD STRAWBERRY LP Z THIN T g AVENUE PROJECT 16TH S" LQCAT1CPl = WASHENGTON AVE W VTH ST HAZARD AVE VICINITY MAP NOT TO SCALE sANTA ANA Tft WESTMINSTER AVENUE F� WA ■ SEWER "N IMPROVEMENTS A..Mf Misr PROJECT NO, 12 -6865 Exhibit 3 THE REGISTER This space for filing stamp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6059 CNS #: 2475752 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall -Ross Annex, (M -36), 20 - Civic Center Plaza, Santa Ana, California 92701, the Public Works Agency, Third Floor Receptionist, on or be- fore the hour of 2:00 p.m. on PROOF OF PUBLICATION Tuesday, May ,4, 20,3 201 sealed bids ay 1 , propos- als . PROJECT NO. 12 -6605: (2015.5 C.C.P.) Westminster Avenue Sewer Main Improvements This work includes the con- struction of approximately State of California ) 3,314 (LF) of 15" VCP sewer Count of ORANGE ) ss County main and appurtenances, in- cluding manholes and sewer laterals. Notice is hereby given BID - Notice Type'. BID - NOTICE INVITING BIDS DERS that in accordance with the provisions of the California Labor Code, not less than the prevailing rate Ad Description: P of per diem wages for each craft or type of worker and Proj: 12 -6605 Westminster Ave Sewer Improv mechanic needed to execute the contract in the locality in which the work is to be per- formed, and not less than the general prevailing rate of per them wages for holiday I am a citizen of the United States and a resident of the State of California; I am and overtime work as deter- mined by the Director of In- over the age of eighteen years, and not a party to or interested in the above dustrial Relations of the State California entitled matter. I am the principal clerk of the printer and publisher of the THE of shall be paid to all workers employed. REGISTER, a newspaper published in the English language in the city of Each bid shall be accompa- SANTA ANA, county of ORANGE, and adjudged a newspaper of general nied by cash, a cashier's or certified check payable to circulation as defined b the laws of the State of California by the Superior y the City of Santa Ana, or bid bond issued by a corporate Court of the County of ORANGE, State of California, under date 11/19/1905, surety, for an amount not Case No. A21046. That the notice, of which the annexed is a printed copy, has less than ten percent (10 %) of the aggregate of the bid, been published in each regular and entire issue of said newspaper and not in as a guarantee that the bid. any supplement thereof on the following dates, to -Wit: der, will enter Into the pro- posed contract if the same is awarded to him. The signa- ture 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 04/24/2013, 04/26/2013 valid California Class A or C34 Contractor's license pri- or 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 Executed on: 04/26/2013 accordance with the Public At SANTA ANA, California Contract Code. Complete electronic sets of I certify (or declare) under penalty of perjury that the foregoing is true and the Plans and Specifications. will be furnished upon appli- cation at the Public Works correct. Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, Califomia 92701.Plans and Specifica- tions are available in porta- ble document format (PDD on a compact disk (CD) on- oy. There is no charge for the Plans Specifications and on CD. PWA Counter Business Hours are 9:00am to 4.00pm, Monday thru Thurs- day. Call the PWA Projects Signature Information Line at 714 -647- SM for availability of CDs. To request a CD by mail, the Contractor must submit an email request to r DUI p the 1 IIIIIII IIII pill VIII pill VIII VIII pill IIII IIII ull n9 sy� name, 11IIf VIII VIII * A 0 0 0 0 0 3 0 5 1 1 2 4 * number, FedEx account, and email Subiect heading: ' f:n Ran„m1 SneD A IFP`T PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Proj: 12 -6605 Westminster Ave Sewer Improv 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 THE REGISTER, 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 11119/1905, Case No. A21046. 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: 04/24/2013, 04/26/2013 Executed on: 0412612013 At SANTA ANA, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature o�w NOTICE IS�HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall -Ross Annex, (11 20 Civic Center Plaza, Santa Ana, _ California 92701, the Public Works Agency, Third Floor Receptionist, on or be- fore the hour of 2:00 p.m. on Tuesday May 14, 2013 sealed bids and /or propos- als. PROJECT NO. 12 -6605: Westminster Avenue Sewer Main Improvements This work includes the con- struction of approximately 3,314 (LF) of 15" VCP sewer main and appurtenances, in- cluding manholes and sewer laterals. Notice is hereby given BID- DERS 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 per- formed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as deter- mined by the Director of In- dustrial Relations of the State of California shall be paid to all workers employed. Each bid shall be accompa- nied 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 bid- der. will enter into the pro- posed contract rf the same is awarded to him. The signa- ture 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 or C34 Contractor's license pri- or 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 electronic sets of the Plans and Specifications. will be furnished upon appli- cation at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701.Plans and Specifica- tions are available in porta- ble document format (PDF) on a compact disk (CD) on- 1y. There is no charge for the Plans and Specifications on CD. PWA Counter Business Hours are 9:00am to 4:00pm, Monday thru Thurs- I day. Call the PWA projects Information Line at 714-647 - 5680 for availability of CDs. To request a CD by mail, the Contractor must submit an email request to sarmour @santa- ana.org and provide the following infor- mation: Company name, mailing address, phone number, FedEx account, and email Subject heading CD Request forPROJECT NO. 12 -6605: WESTMIN- STER AVENUE SEWER MAIN IMPROVEMENTS Checks are no longer ac- cepted. Addenda will be is- sued by email to those who received CDs directly from the Public Works Agency. DO NOT CALL PURCHAS- ING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 4/24, 4/26/13 CHS- 2475752Ar THE REGISTER R- 631 9618260 ABSTAINED Martinez (1) AND NOT PRESENT: ABSENT: Tinajero (1) PROJECTS /CHANGE ORDERS 23A 23B CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER IMPROVEMENTS (PROJECT 126605) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Vasilj, Inc., in accordance with the Base Bid, totaling $1,006,281.50 for the construction of Westminster Avenue Sewer Improvements Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,286,219.50. 3. AGMT NO. 2013 -098 - Approve the Westminster Avenue Sewer Project Construction and Reimbursement Agreement, subject to non - substantive changes approved by the City Manager and City Attorney with the Garden Grove Sanitary District. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Reyna, CONTRACT AWARD FOR MAPLE STREET BIKE TRAIL STORM DRAIN CDS PROJECT (PROJECT NO. 136793) - Public Works Agency MOTION: CITY COUNCIL MINUTES 13 JUNE 17, 2013 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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, 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. Sheeting, Shoring and Trench Protection LS LS _ $ ` 126,"60 2. Construct 15" VCP Sewer Main LF 3314 BB E�LjS $ /ft) $ 52 6 3. Construct 8" VCP Sewer Main LS LS $ !�� $ / 4. Construct Concrete Manholes EA 12 $ +76D $ 7Z•� O 5. Modify Existing Sewer Manhole (at EA 2 $ > $ S -bZ� Harbor Boulevard and Roxey Drive) 6. Construct 6" Sewer Laterals and Clean- EA 25 $ 70 $ l% outs 7. Remove and Replace Concrete Bus Pad SF 1050 $ IS $ /S-7W 8. Remove and Replace Concrete Driveways SF 2400 $ $ 02t50 9. Remove and Replace Concrete Curb SF 320 $ $ Return 10. CCTV Inspection of New Sewer Main LF 3341 $ $ { 1 11. CCTV Inspection of New Sewer Laterals EA 25 $ $ TO BE INCLUDED IN BID PACKAGE BPIof14 Item # Bid Item Unit Quantity Unit Price Amount 12. Excavation of Unsuitable Materials and CY 120 Installation of Rock Stabilization* $ 13. Excavation of Unsuitable Materials and CY 300 $ $..� Import Trench Backfill* 14. Abandon Existing 12" and 8" Sewer Main LS LS j $ / 2 7 $ F 15. Abandon Exist Manholes EA 10 $ PaTo $ l' 16. Remove and Dispose Exist Manhole at LS LS LS $22(50 Clinton 17. Remove and Replace Damaged Traffic EA 12 $ ✓ w $ {L L (J Loops, Detectors and Wiring 18. Prepare Traffic Control Plans and Provide �j Traffic Control, Striping and Pavement LS LS $F n -&D Markings TOTALBID-------------------------------------------------------------- -- -- --------- - - - - -- $, J 0) 1 . 4r'D The lowest responsible bidder shall be selected based on the lowest Total Bid. * 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, TO BE INCLUDED IN BID PACKAGE BP2of14 WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued PROJECT NO„ TITLE & LIMITS 11 ' Firm VA511 -1� INC. Address IS531 �1�c "u-, u C4A 9e -40c, Phone ((¢ ) Lj�0 " yqa Fax 2 (e) Y30 —1 & 10 Email �/ 1/✓-ISIL_TINC pGPMe CO(n BIDDER f Signature TO BE INCLUDED IN BID PACKAGE BP3of14 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS Iva Vasilj, President of Vasi1j, ;Inc„ a California corporation, hereinafter referred to as PRINCIPAL, in the County of Los Angeles, State of California, does hereby appoint Tanja Raspudic as Vitt true and lawful ahurney, in principal's runna, and for ill use am.i benefit, said attorney is authorized hereby, on behalf of Principal and Vasilj, Inc., to do the following: (1) To demand, sue for, collect, and receive all money, debts, accounts, legacies, bequests, uueiesi, dividuuds, annuities, and dtallso is as rue now or shall hereafter become due, payable, or belonging to principal, and take all lawful means, for the recovery thereof and to compromise the same and give discharges for the same; (2) To execute contracts, bids, and any other written instrument in the ordinary course of business operations, ally interest iilewin or tiro posarbsioa dtereuf and to take possession and exeroise control over the use thereof; (3) To buy, sell, mortgage, hypothecate, assign, transfer, and in any rnatmol deal with goods, waves laid rneriUmrdise, chows in action, certificates or shares of capital stock, and other property in possession or in action, mid to make, do, and transact all and every kind of business of whatever nature; (4) To execute, acknowledge, and deliver contracts of sale, escrow insiractiuns, deeds, Erases ,including lenses for mhreads and hydrousabou substances and assignments of leases, covenants, agreements and assignments of agreements, mortgages and assignments of mortgages, couveyumus in hmi, to secur'o induutuduess of other obllgutous, and assign the beneficial interest thereunder, subordination of liens or erteu nbrances, bills of lading, receipts, evidences of debt, releases, bonds, rwies, bins, requests to re000vey deeds in partial or frdi judgmetats, satisfactions of mortgages, and other debts, and other written itsb a tents of whatever kind and nahuc, all upon sueh lerurs turd conditions as said attorney shall approve. Giving and granting to said attorney fall power and authority to do all turd every act and thing whatsoever requisite arul neccasary to be done relative to any of the foregoing as fully to all intents and purposes as principal might or could do if personalty present. All alai said atioiucy shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved. Dated: An gust 3, 2012 Iva Vasil] STAT17 OF CALIFORNIA. COUNTY OF LOS ANGELES On August__, 2012, before me, 7A" rt'_`s!- Notary Public, personally appeared Iva Vasil], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /arc subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized eapacity(ics), and that by his /her /their signature(s) on the instrument the person(s), or 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: OI KENT Cap TA 1RIOT NOTARY PUOUCCAU.", LOd ANOMT COUNTY MY CONM W. APR 2i• 14 ACTION WITHOUT A MEETING BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF VASILJ, INC. The undersigned, being all of the Directors of VASILJ, INC., a California corporation, pursuant to the authority granted by the bylaws of this corporation and by the laws of the State of California, do hereby unanimously consent in writing to and hereby adopt the following resolutions: ADOPTION OF STANDING RESOLUTION — CONTRACTS RESOLVED, that Iva Vasilj and Ivan Vasilj, President and Secretary of the Corporation, respectively, hereby appoint Tanja Raspudic as their attorney if fact and agent of the Corporation, to execute and deliver on bahalf of this corporation contracts, agreements and other written Instruments ent(-red into in the ordinary course of business of the Corporation; and RESOLVED FURTHER, that the President, or any Vice President, either acting alone or together with the Secretary or any Assistant Secretary of this Corporation be and they hereby are, authorized and empowered to delegate lit writing to any employee or agent of the Corporation authorization and power to execute and deliver on behalf of this Corporation purchase orders, contracts, agreements and other written instrurnei'its entered into in the ordinary course of business of the Corporation. ADOPTION OF STANDING RESOD JTl ION — REAL PROPERTY RESOLVED, that Iva Vasilj and Ivan Vasilj, President and Secretary of the Corporation, respectively, hereby appoint Tanja Raspudic as their attorney if fact arid agent of the Corporation to rnake, execute and deliver deeds, mortgages, trust deeds, conveyances, releases of mortgages, requests for reconveyance of trust deeds, contracts for the sale of real property, assignments or other instruments relating to any real property at any time owned by this Corporation. ADi1PTON OF STANDING RI SOLUTION — SECURITIES RESOLVED, that Iva Vasilj and Ivan Vasilj, President and Secretary of the Corporation, respectively, hereby appoint Tanja Raspudic as their attorney if fact and agent of the Corporation to purchase shares of stock, bonds, debentures, notes evidences of indebtedness or other securities and to sell, assign, transfer, set over, endorse and deliver any and all such securities at any time standing in the narnebf or owned by this Corporation i or Its officers or its directors and to make, execute and deliver any and all written instruments necessary or proper to effectuate the authority hereby conferred. IN WITNESS WHEREOF, the undersigned Directors have executed this written consent as of August 3, 2012. Iva Vasilj Ivan Vasilj f State of California County of _�('LC?_ On t:.5 ¢ �tG t 'Lbefore me, Hare personally appeared y KENT W. 16 Sf CaMff.q 188 5167 LOS NGELES AY CMf EXP Ac&a R22, n xIA N 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 Halloor/their authorized capacivocts), 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 colerect. 'I WITNESS my Signature: u-" Place Nnta,r eeel ¢n[Vn /Slenln Abov¢ � 510 i fNOl Public OPTIONAL — I Though the information below is not required by law, it may prove valuable to persons Belying on the document and could prevent fraudulent removal and reattachment of thts form to another document. Description of Attached Documee° Title or Type of Document: �"r'- u(! =C"Pd toyft' Document Date: ci� o 2. yz t Number of ages: , —. Signal (a) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name:__ Signer's Name: i Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): O Individual ❑ Individual El Partner — ❑Limited J General Tap of murno Here L Partner —1-] Limited 7 General Top of thumb here ❑ Attorney In Fact L Attorney in Fact Trustee L Trustee • Guardian or Conservator ❑ Guardian or Conservator • Other: L Other: Signer Is Representing: Signer Is Representing: )aio N.Wrol NaWUM,n .W•Moe6om CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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: '' /a% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME kACS,, try. NAME `�Y�t tc S C6'CAM101i = LOCATION tT OAu ec _ LOCATION ArY -vvv\ PHONE (9 PHONE `-7ttk X20 4"Z - TYPE OF WORK anhalu $ TYPE OF WORK LtwYs $ 3( NAME X. LOCATION 6y-Ct� PHONE `I tip "I`( Wit) i t) TYPE OF WORK ! ~Ev -tPioo $ (opt -CiO NAME _ LOCATION PHONE 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 NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ VAS1L,:si 4�ac.. Name of Firm Submitting Bid Signature of BIDDER TO BE INCLUDED IN BID PACKAGE BP4of14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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 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 `%51 L SI P C , Signature of —2�, Y( BIDDER 7 ) %` Title �e s lm eaj (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP5of14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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) �l4Sll_:�t�eJC�. �VM�v \� ll.s� �EC'�F."�r✓� A'N�T'R.FWSVK- f:t?.. Awarded ACTION OF COUNCIL: on the basis of lowest r on ible and responsive bidder in the amount of s f, an ATTEST: D CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY •I; ►' Date 0&42% 20 %5 ACCEPTED EQkTHE CITY OF SANTA ANA: ;7za'/4V � (24,(L WWI EXECUtM 161RECTOR PUBLIC WORKS AGENCY TO BE INCLUDED IN BID PACKAGE BP6of14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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 WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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 v' Title �SSIST�MIT Th rNE I�ESrDENC Firm V f - t t, � Date TO BE INCLUDED IN BID PACKAGE. BP8of14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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. Signed Title G , ,s 1 r b QT TO TN E Pg-F— iz� C t�T Firm a<1 SI1 %� 1 PC. Date w✓1 µ}�_l b �'� TO BE INCLUDED IN BID PACKAGE BP9of14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDE�Rp has performed similar work within the past two years. 1. ( .Ifi-i /") F LQC 1411( - it /_F' C I loq 4 Rww /i, i.,. ear / nc Klu �eloc i 2. 3. Name and Address of Owner. Name and Telephone Number S 11 q 3 000, o o Contract Amount of person famili with project. wEle - ��g- Type of Work )U1JE Qla Date Completed 5eAl� e�-T--MLf (`T►y) -+(P5 -50569 Name and Telephone Number of person familiar with project. 11, 23Q,doo.00 sal El?— P-. I CI�a Contract Amount Type of Work Date Completed Name and Address of owner. %kXL. VA0C1i1✓L, (R'SS) L4 LJ — to y N�{ame and Telephone Number of person familiar with project. A/i 57_1(Qb0.o0 __ 10) 00b FT OF � "OPEtJCO- �3OPFII,�20ll 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. SUIZET' R,wvv.kiiv-,lA) i'v��j v-- A- uA"v-m \A1LLs, CVi 9,�2S,OR TO BE INCLUDED IN BID PACKAGE BP 10 of 14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS 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 &�S 51- FAIT TO T 1.4 "E Firm VA51L3 luC. Date 'A 1 161 d 0l 3 TO BE INCLUDED IN BID PACKAGE BP 11 of 14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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, farther, 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 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 person(s) who appeared before me. Notary Public Signature Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 12 of 14 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO. 12 -6605 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 ffl� ant Firm V -�u t Wa. DateNc�1 TO BE INCLUDED IN BID PACKAGE BP 13 of 14 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of i,/uz> On — I� / �/ efore me, ai) Here Insert Name and Title of the Oiilcer personally appeared _ e VESNA PERIC Commission # 1972172 9 LWW,MyCornrn Notary Public • California z Los Angeles County rxnlrrr aj ,r; 7mc 6' CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the persons) 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. WITNE S my nd and official seal. Signature: Z v Place Notary OPTIONAL Seal Above g d , re of Notary Public Though the information below is not required by law, it may prove valuable to pe ons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Number of Pages: Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb he 0 2010 National Notary Association - NatlonalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CITY OF SANTA ANA WESTMINSTER AVENUE SEWER MAIN IMPROVEMENTS, PROJECT NO, 12 -6605 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: ybSkLSI 1 g-, Business Address: � Gj I1 )12 y.RDLk) "yiM �)&w 1N 0 P, LI=, C H Telephone: l (P (0p )_/. &Q — l q q r;z State Contractor's License No. and Class: bL-4 O Expiration Date: N3G i a 0 � 2D Title: �1511k�� fZ� TIDE 17RES1'DF TO BE INCLUDED IN BID PACKAGE BP 14 of 14 KNOW ALL B'Y THESE PRRISEh,M, That we,. Inc. of ___`_,_Irwindale, CA (Herelnaftercalled the Principal), asPrineipal, and Fidelity &Deposit Companyof Mar and (hereinafter called the-Surety), as Surety are held and fir my bound until City of Santa Ana (heleiar for called the Oblt'i,ae) in the penal sum of Teri Percent of Amount Bid Dollars ($ 9% of amount bid for tare payment of which the " Principal and the Surety bind theirselves, their heirs, executors,, administrators, successors and assigns, jointly and seve ally, thinly by these presents. THE CONDITION OF 'I "HIS O)31.16ATION IS SUCH, That WI4ERI AS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Westminster Ave. Sewer Main Improvements: NOW, THEREFORE, tf,the said Contract be timely awapided to the Pritcipal acid dte 1 }rlricipal shah,;wirhrn such time as may be 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 FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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& f) hereby nominate, constitute and appoint Frank MORONES, of Anaheim Hills, Californ' a d Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sure a a� �onds and undertakings, and the execution of such bonds or ���uilsu € s, shall be as binding upon said Company, as fully and amply, to all inte ee xecuted and acknowledged by the regularly elected officers of the �� ., Eel own proper persons. The said Assist Section 2, of the I IN WITNESS affixed the Corp A.D. 2011. . ATTEST: QQOevos�. O O W set forth on the reverse side hereof is a true copy of Article VI, ts dais now in force. he said Vice - President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of March, State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this Ilth day of March, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. J- A.lfY�yL.- � 3 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 012 -0114A EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have ,hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of may � 2013 Assistant Secretary r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 5/7/2013 before me, L. Clark NotarV Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Frank Morones , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is /are subscribed to the within instrument and acknowledged to me that he /sey executed the same in his /he ^ ^rTt„� "`�r authorized capacity(ies), and that by his /krer /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. :. CLARK Commission ar 1998834 4.kp e z WITNESS my hand and official seal. P • Notary Public - California z 1 Los Angeles County m My Comm. Expires Nov 28, 2016 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE State of California County of Los N 6 `:s On ( 113 before me,���')f 1 Cx Date Here Insert Name and Title of the Officer personally appeared VESNA ,IC. Comnrlef(a1 tP 4872112 floury PUNIC • Cali9omis Loa ANONes Couoly Ile - - - - - - - M Comm. a Ges Mar 4® 204 COWL CODE § I'129 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signs Place Notary Seal Above pp ¢ Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may pro valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Catsacity(les) Claimed by Signer(a) Signer's Name: Signer's Name: Number of Pages: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary.org •'I- 800 -US NOTARY (7- 800 - 876 -6827) Rein #6907 U Z Q 'S O Q M Ln Ln ko 0 rA r^1 Q U LU J Q Z H ry, r-i is.. a U N C as M N a r CO W .0 O o p ' L u Q O a) c U U U 0 N O U co COc Q m c m MEMORANDUM 'ro: From:: David Cavazos City Manager William Galvez, Interim Executive Director Public Works Agency Date: May 22, 2014 Project Nos. 12 -6605 Westminster Avenue Sewer Main Improvements Subject: Change Order No. 1 CONTRACTOR Vasilj, Inc. 15531 Arrow Hwy Irwindale, CA 91706 PROJECT DESCRIPTION: Project Nos. 12 -6605: Westminster Avenue Sewer Main Improvements CHANGE ORDER NUMBER: 1 CHANGE ORDER AMOUNT: $ 40,884 ACCOUNTING UNIT- ACCOUNT-ACTIVITY NUMBER: 5517660 - 66220 - 12660501028 JUSTIFICATION EXTRA WORK AT TIME & MATERIALS 1. After the start of construction, a detail was issued to the contractor requesting that two information signs be placed within the project limits. (PCO #01) FINAL COST $2,138.51 2. During construction of both the mainline and service laterals, steel and concrete encasement was encountered on the existing pipe. The casing had to be removed to allow proper connections to the existing pipe. (PCO #02) FINAL COST $7,551.60 3. During installation of the 15" V.C.P. sewer mainline, a leaking City water service was encountered which caused flooding of the trench. This compensates the contractor for loss downtime waiting for City crews to repair the leaking pipe. (PCO #03) FINAL COST $2,123.65 4. The contract documents call to grind and pave one foot either side of the trench. This put the pavement seam in the wheel -track of traffic. This location is detrimental to the life of the pavement. The re- pavement area was increased to place the seam on the lane line to increase the longevity of the new pavement. (PCO #04) FINAL COST $29,070.24 Project 12 -6605 Request for Approval of Change Order No. 1 May 22, 2014 Page 2 of 2 CONTRACT COST SUMMARY Amount % of Contract Original Contract Total $1,006,282.50 Previous Change orders $0.00 Increase 0.00% Change Order #1 $40,884.00 Increase 4.06% Total Change Orders to Date $40,884.00 Increase 4.06% Adjusted Contract Total $1,047,166.50 SCHEDULEIMPACT Increase contract time by 20 working days. William Galvez, Interi cutive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: fit,\ Francisco Gutierrez, Executive Director Finance & Management Services Agency ACS Cl i'Y OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -6605: Westminster Ave. Sewer Main Improvements Change Order Number 1 To Vaslli.Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT TIME & MATERIALS ►J 1. Provide 2 two -sided information signs. (PCO #01) 2. Remove steel and concrete casings from existing pipe. (PCO #02) 3. Loss of productivity due to leaking City water service (PCO #03) FINAL COST $2,138.51 FINAL COST $7,551.60 FINAL COST $2,123.65 4. Grind and pave additional area per field direction given on 4/16/2014 (PCO #04) Page 1 of 2 FINAL COST $29,070.24 �., PUBLIC WORKS AGENCY V+ ,y CONTRACT CHANGE ORDER Project Number 12 -6605: Westminster Ave. Sewer Main Improvements Change Order Number To Vasilj, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment Is actually 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 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 change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ - INCREASE $ 40,884 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 20 working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accept. s S� @so Contractor Vasilj, Inc. By t //����yf/� Title Approval recommended'e� Dale � 2 PUBLIC ORKS AG ECUTIVED ECTOR Approved by _ Date CITYMANAGER Page 2 of 2