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Home My WebLink About23BB - PROJ - MAPLE BIKE TRAILREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AWARD CONTRACT FOR MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT OCCIDENTAL STREET, SAINT ANDREW PLACE, AND SAINT GERTRUDE PLACE (PROJECT 136797) (STRATEGIC PLAN NO. 6, 1,B &G) CITY MANAGER 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 Palp, Inc., dba Excel Paving Company, the lowest responsible bidder, in accordance with the base bid, in the amount of $224,887, for the construction of the Maple Bike Trail Safety Enhancements at Occidental Street, Saint Andrew Place, and Saint Gertrude Place. 2. Approve the Cost Analysis for a total estimated project delivery cost of $262,754. DISCUSSION The recommended action will allow the City to enter into a contract with Palp, Inc., dba Excel Paving Company, and proceed with construction of the Maple Bike Trail Safety Enhancements. The project has received budget and funding approval as part of the City's Capital Improvement Program. Project design is complete and bid procedures have been followed as established by the City's Municipal Code, and in adherence to the Public Contracts Code. The Maple Bike Trail Safety Enhancement project at Occidental Street, Saint Andrew Place, and Saint Gertrude Place consists of constructing bulb -outs within the existing public right -of -way at the three bike trail street crossings (Exhibit 1). The existing bike trail serves hundreds of bicyclists and pedestrians every day, in addition to heavy use by students walking or biking to Edison Elementary School. Once completed, these improvements will enhance safety at the bike trail crossings by shortening the crossing distance for all pedestrians and bicyclists. The Notice of Inviting Bids was advertised on August 18 and 19, 2014, and bids were opened on September 9, 2014. The following is a summary of the bid invitations mailed and received, and bid results: 23BB -1 Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 19 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BID 1 Palp, Inc., dba Excel Paving Company Long Beach $224,887 2 Naka Engineering Contractors Laguna Hills $225,390 3 CPO Enterprises Inc. Covina $232,460 4 Hillcrest Contracting, Inc. Corona $240,650 5 Beador Construction, Inc. Corona $255,300 6 All American Asphalt Corona $294,900 Six bids were received and considered responsive, with Palp, Inc. dba Excel Paving Company submitting the lowest responsive bid. The bid amount of $224,887 is comparable to the Engineer's Estimate of $203,800. Based on the bids received, staff recommends award of this contract to Palp, Inc., dba Excel Paving Company. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2012 -36 was filed for this project. 23BB -2 Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 Page 3 FISCAL IMPACT The estimated total delivery cost of this project is $262,754, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 2). Funding is available in the Select Street Construction Fund (Accounts 05917663 -66220 and 05917660 - 66220, Project 13- 6797). APPROVED AS TO FUNDS AND ACCOUNTS Fr d Mousavipour Francisco Gutierrez Ex cutive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. Project Bid Package r -- r -- Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 . 'LJ OCCIDENTAL ST t5 L4 ST ANDREW PL ST GERTRI M1DE PL rn i ka' ® PROJECT LOOAMON EXHIBIT 1 0 SANTA ANA PROJECT 13.6797 4 � I CITY=ffi m MAPLE BIKE TnAL SAFETY ENHANCEMENTS v vP W A AOSDA IDA19 AT OCCIDENTAL ST, ST. ANDFIEW PLACE � 2' 2014 AND 'ST. GERTRUDE PL P11 R A �A,4� q� PNi d 1 bT r -- i-- COST ANALYSIS PROJECT 13 -6797 MAPLE BIKE TRAIL SAFETY ENCHANCEMENTS AT OCCIDENTAL STREET, ST. ANDREW PLACE AND ST. GERTRUDE PLACE Construction Contract $224,887 Contract Administration $7,107 Inspection and Testing $9,079 Survey Staking $3,238 Contingencies $22,489 TOTAL ESTIMATED CONSTRUCTION COSTS $266,800 EXHIBIT 2 23BB -7 r -- CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: W. PCOBA a REQUIREMENT: The undersigned declares that he /she has carefiilly 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 famish 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 Quanti Unit Price Amount 1. Unclassified Excavation* CY 610 $ (A _ $ sqoLb— 2. AC Pavement* TN 400 3. PCC Curb and Gutter (Type A -2 -6) LF 800 $_ $ 2.ti000 f 4. PCC Sidewalk (4 ") SF 6,400 $_ $-CAM-- 5. PCC Curb Ramp SF 1,800 6. PCC Curb and Gutter (Type B -1) LF 80 7. Adjust Water Valve Frame and Cover EA 7 to Finished Grade 8. Adjust Sewer and Drainage Manhole EA 5 to Finished Grade 9. Adjust Survey Monument to Finished EA 2 $__qw_ Grade 10. Remove Existing Fire Hydrant EA 1 BP I of 26 r -- • TO BE INCLUDED IN BID PACKAGE 11. Furnish and Install Fire FIydrant EA I $ i 40m-- 12. Signing and Striping LS 1 13. Furnish and Install 3X4' Truncated EA 3 Dome Panel TOTAL The lowest responsible bidder shall be selected based on the low total bid. The City reserves the right to award the Base Bid, and any; all or none of the alternate Bid Items. The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this hem will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. PROJECT 13 -6797 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT OCCIDENTAL STREET ST. ANDREW PLACE Firm AND ST. GERTRUDE PLACE; CM- 5063(149) Address Phone Fax Email BIDDER Signature BP 2 of 26 23BB -10 BIDDER U30 LEMON AVENUE LONG BEACH, CA 90806 (562) $99-5041 TO BE INCLUDED IN BID PACKAGE CALIFORNIA ALL-PURPOSE CIE State of California County of Loa. Angeles On 0�n_)��t before me, C.. Phillips, Notary Public (nmo now rwre and ties of ae "meet) personally appeared C.P. Brown, who proved to me on the basis of satisfactory evidence to be the person(s) whose nameW islitte subscribed to the within instrument and acknowledged to me that heMoktwgncexecuted the same in his/haatfixir authorized capacityQas.), and that by his/luiefteie signature(4) on the instrument the person(fi), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. WITNESS my hand and official seal I" C PHILI HP-9 { COMM 1`1996177 =i 7+�^�- Notary PUbhr California v' LC}r ANCCI P9 COUIN7Y a Sig solNotesyllublic (Notary Seal) My Cnmin. l- xpirea pet.2E),2015 ADDMONAL OPTIONAL INFORMATION DESCRIPTION OF TIC ATTACHED DOCUMENT (Title or description of attached docarm nt) (Title or description of attededdootuneot continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer .(Title) ❑ Parmer(s) ❑ Attorney-in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING, THIS FORM My aaknowledgmem completed in California must conmfn verbiage eruct, as appears above It, the rotary section or a separar" acAnawledgmem /arm must be properly completed and attached to that dacomem, The only uceplion is #"a dro verem is to be recorded mnside ojCaljfornra In sack batons", am, afternmive aelnoWWAlmOm verbige ns may. be prboed on such a doarmem 1a long as the verbiage does not mildre the rotary to do something that it lll"gal for a notary to CalijorMa (i.e. cer'sWetg the adhorired eopadty of the signed. Please checklhe dacemew eargUtyfor proper notarial wording and attach thisfo,, brrellubed • State and County Wormation must be the State and County wham the document siguer(s) personally appeared (afore the notary publicror acknowiedgmmt • Date of notariradell must be the date that the signers) personally appeared which most also belle same date dto acknovvtedgmwt is compiled, • The notary public most print his or her name as g appeals within his at Itpr wtnmisslon followed by o comma and then your title (notary public). • Print the names)oT document signers) who personally appear at the time of nolariratlon. • Indicate the oorcem singular or plural forms by crossing off inwmect roams (1,0. Wshchboyy is tam) or cirolfne ate corrections, Psifi re to comity indicate this information nary lead to rejection ofdapument recording,• • The notary real impression must he clear and photogmphionlly reproducible. Impression most not cover text or lines. if sesl from sion smudges, rescol if a sufadent area permits, odiersise oamplete a different acknowledgment form. • Signahue of the notary public must match the signature on file with the Offico of ate county clock. Addilbued brfouNtlon is not requited but could help to "mute this achitlwlaig,nent Is nut tnisawd or attached to a different document. G radigate title or type ofnttadled dwmneul, numbor of pages and dale. vv Indicate are capacity claimed by the signor, if are Violated cajucity b a corporate officer, hndlcafe ale Sae (Le. cEo,.CFO, Secretary). • Securolyuaacbt (dsdmumeuttothesktkeddooumaut 2008,Yersiop CAPA v12,10.e;/. 80Q,873.9g65, _W—my Vota yClasses,coto 23BB -11 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) 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; Y2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %s% of the bid BIDDER proposes to subcontract certain portions of the work to the fn-Lins listed below: NAME t 1a LOCATIPHONE TYPE OF WOM LICENSE NAME PHONE TYPE OF 4n LICENSE # LOCATION" PHONE 6gs TYPE OF wor& (ua R $ U'Sw LICENSE # 0 NAME LOCATION PHONE TYPE OF WORK $ p�, L �jd ,1§ICEN5E # W EI Pry "W631,T,,xP!k�Ii Name of Firm Submi 3n B' Signature of BIDDER , {, l i4lJtd i'i3Ft7Fli7' NAME (';TLIIi- Li I%I/C✓�n1 �i�— LOCATION ? 1 ( 1`` t ItiVaM UY)1- PHONE 2L6 &249 TYPE OF WORJCMAf tr �j_ $ LICENSE #� NAME LOCATION 0 S ({tlYeinih PHONE 01 TYPE OF WORK'6fVi LICENSE # LOCATION PHONE TYPE OF WORK $ LICENSE # LOCATION PHONE TYPE OF WORK $ LICENSE # TO BE INCLUDED IN BID PACKAGE BP 3 of 26 23BB -12 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) 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: ' /2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION PHONE TYPE OF WORK $ LICENSE # NAME LOCATION PHONE TYPE OF WORK $ LICENSE # 11J \%ly LOCATION PHONE TYPE OF WORK $ LICENSE # NAME LOCATION PHONE TYPE OF WORK $ PAgpLvP,, P, LDWCENSE # Name of Finn Subm' i g id M1 Signature of BIDDER t7.€?, SF90VCt? l'f3{ S1G11 NAME LOCATION PHONE TYPE OF WORK LICENSE # NAME LOCATION _ PHONE TYPE OF WORK LICENSE # I LOCATION PHONE _ TYPE OF WORK g LICENSE # NAME LOCATION _ PHONE TYPE OF WORK LICENSE # BP 3 of 26 23BB -13 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5463(149) 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) business days, or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, 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 ME PNxs"'2N (°V AP', ��`c Signature of / BIDDER 1 •_0 kA.v.• Title C.P. SRC}}A (if an individual, so state) BP 4 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -14 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM -S @63(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co- partnership, state the firm name and give the naives 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.) E""AVV, J ?'a Qv4',9M y.CIE_- PAVE MiC9PARAMY Curtis P. Brown President and Chief Exacutiva Qificer Curtis V. Brown 11 vice rowan an a rreratingoffai sr OPATION Bruce E. Flatt Vice Presldset and Chief Finaactel Gesov Marcia 6, Miller Seer.5 ry Michale E, Drakullch Assistant Secretary ATTEST: CLERK OF THE COUNCIL ACTION OF COUNCIL: Date 20 ACCEPTED FOR THE CITY OF SANTA ANA: EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY BP 5 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -15 CITY OF SANTA, ANA Project 13 -6797 Maple Dike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) (THE BIDDERt4 EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARF, A PART OF THIS PROPOSAL) F, UAL EMPLOYMENT OPPORTUNITY CERTIFICATION , r" , F LEA HAVflkM POWWOW The BIDDER proposed subcon actor hereby certifies that he has , has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CPR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CPR 60 -1.5. (Generally only contracts or subcontracts of $1.0,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. BP 6 of 26 TO BE INCLUDFD IN BID PACKAGE 23BB -16 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees 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 Govermnent 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. BP 7 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -17 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) 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 �, -, J, , YA Title W. DBOINK FFiF."rADE %T Fum1-' °'rttt P i's3?ib' Date SEP ° S 2014 TO BE INCLUDED IN BID PACKAGE BP 8 of 26 23BB -18 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) 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 conunencing 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 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 C, P, DOWN, PRES4 DEN Finn9ttA,Ia14 II toF Date UP - A ?n14 BP 9 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -19 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety E, uhancements At Occidental Street, St, Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1. M n L-", Y 2. and Address of Owner. Name and Telephone Number 1 Contract Arnount Name and Telephone Nwr 'CAI ors Contract Amount vw Type of Work Date Completed r- Au- __.,. J 2Ajq of Work Date Completed 3. a1Q �li.V} 6AAV'lGi me�iGr U�iSLYtl� Name and Address of owner. —' 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, oo alt? (0110 BP 10 of 26 23BB -20 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bilce Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed I Title 0,P. 519010,1'f cEUVI„NT Fh7n C'Monr9 W Date _ BP ll of 26 TO BE INCLUDED IN HID PACKAGE 23BB -21 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that tine 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 sharp 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 LOS ANGEL S Subscribed and sworn to (or affirmed) before me on this __ day ass, -- 8 2612p by C.P. SHOWN proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Q AH(LL,IpS �'Ml , ir199G177 n gllc- Callfornlr� F'L.ES COUNTY ires Cct.29, 2016 Notary Publi ignature Notary Public Seal C, Phillips, Notary Public BP 12 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -22 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) 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 (I& 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 G, P` BRAWN, PR's:WENT NUR NJC,1'98A Firm ,iG.,p F sPp!? AEhll' Date SEP 8 2014 BP 13 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -23 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjwy that the following is true and correct. Contractor's Name: 1AQ PC, DBA EXCEL PAVNG COMPArqy Business Address: LOVE BEAM, CA 0.0606 Telephone: d562j 5OR -6841 State Contractor's License No. and STATE UG. 608659 „A„ Class: Expiration Date: Signed: Title: g; P. FROWN, PRESWENT TO BE INCLUDED IN BID PACKAGE BP 14 of 26 23BB -24 Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertl ode Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDER.AI., -AID CONSTRUCTION PROJECTS GENERAL —'The wodclteteinproyosarlwillbe ficanced in whole ampatt aih Federal (bads, mid traefore all of the slafuta, mks and reg nicra pt xr *a1cd by the Federal Govetumit and applicable to wale financed in whole cc in put with Federal funds will apply to such work 1he'Requited ConhactProv onsa FeclaalAidCoshmAiahCathads '•FamFHWA1273, are indudol in this Section 14. Whsrxm in said requited colractproviso s w2imces are made to `SI-IA Cattrxtingo$ica;>"SHA. tesUca t atginea;,,a "aulbaiz!d represent rve of the SHA," such refaaxes shall be conshtred to trrean `FY>�n�t "as delined nl Section 1 -1.18 ofdte StandardSpocificsdos, RMANCE OF PREVIOUS CONTRACT - In addition to the ptisions Lt Section iS "Naxlisain�' and Section VII,'Subletting or Assigtiugdte CorttW' cfthertxlaired mntactpruvhias, the Cathu4aslhall conply with the folly nvutg The BIDDER shall exaate the CEl2'll, CAMON WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONRRACIS SUBIECrTO TIE EQUAL OPPORTUNIIY CLAUSE AND THE HUNG OF REQUIRED REPORTS located in dre proposal. No request for wicktri g or assigning arty periat of de contract in excess of $10,000 wffi be carsidued order the proems of Swim VH of the tegcmart contract Provisions tutess such nrlrxst is aavngsnied by dre CERTIFICATION raZin d to above, executed by thepacpasodsubxufrado. NON-COLLUSION PROVISIONS - The provisions in this sat ea ate gTkableto all canhacls excgxmnkacisforFedaalAid SxamcbrypicimR Tile 23, Uni ed Stales Code, Section 112, requires as acondition print to approvalbytbcFakrull yAdmmisnutaoft heoxthactfa,(hswodcthat each BIDDERfle a swan statanmt e cent d by, or an behalfo$ the person, f urb association, or capaahm to whon such contract is to be awaaied, artifying4vatstn9tpa< a5fet }asrocialia }acaPrsaiiahkmsnot eithod¢aAly a in- diratly, entered into any ag orrr)rt, patdctpaW in any collusion, a odxmm talm any action in restra nt of free con4ratve biddrug in coal with the, whytihal bid A form to make tre nai- collar n alfilviL slaierneot reqaiiedbySation 112asacu f xadattmTrperrttyofp #Ur&Krffianasa swomsWmixrgmpmitiodby2 $USC,Sw.1746,isiridu edinthepropcsat PARIICTPAHON BY DISADVANTAGED BUS1N M ENYERPRISEs IN SUBCONTRACTING - Put 26, Title 49, Cade of FakaiRegul omsiA)IicstodvsFedaalaidpmject Pert¢nartsxtcnsofsaid Caleeremoorpaabdinputainitsentirelywithinothersediasofdwwsp` h ptov"ora Scl dLicB- Irdmnati(xtforD &mmhingdointVattteE7igdihty. Aaadunart ExltibRA -1111 &M--97 (this fonnneeduotbe filled ny if all jointventure fools are minority owned) I. Name ofjointventum 2. Address ofjonhventure 3. Phonenunhberofjointventare 4. Identify the fimts which comprise thejointvenlure. (The DBE partner must complete Schedule A) a. Describe dhcmle ofthe DBE flan in thisjointventure. b. Describe very briefly the experience andbusiness qualifications of each non- MBEjoint 5. Nature of ttejointventore'sbusiness 6. Provide a copy ofdhejointvent.,V-eement 7. What is the c launedpetcentageofDBEownaship'7 8. Ownership ofiointventure: (This need notbe filled in if described in dicioint venture agreement,providedby question (6), a. Profit and loss sharing b. Capital contributions, including equipment. e. Other applicable ownpsbip interests BP 15 of 26 23BB -25 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT 9. Conaal of and participation in this coma: IdanAfy by name, lace, W� and "Any, those individuals (and their titles) tvino am irstnumble far day-to -day nranagunvnf ad policy decision malting including but not ]united to, these with prime respons bifityfx. aFiammatdoisions NaireofPimn NmcofFimi Signal= Siguaaue BP 16 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -26 Nanne Nana U. Maruagargntdsisions, strchas: Title --- Tilde 1.Hsin fing - -- Date Date — 2.Madota3gandsales Date _ Slateof 3. Hoeing and fmng ofnuauagenxant Countyof _ _ 4.Rudnasingoftugoritanso utaplics On flds _ day of 20 befog nes awed (lane) to ne pasonally laa� who, being duly swop, did meaae (be — faegoing affidavit and did slate that he or sbe was p gxdy aiattedwd by (Name of fian) a Slatiffmionoffneldcimlions meinuteffieaflidavitatxididsoashisorh crfrwactm)ddecd Ne(myPublic- Note: manta Ring M SelixUo B and befae dh wipMon of Canmw onexpues drjointvauane's wodcan die cerinact covaod by this mgulation, ilnee is awry signuflcmat cbaoge in the mfomuaion subnva ed, the [Sew] Joint ventweinginlibmn the Wake, eltherditediyor thmughdie Date pine caiaadorif4ue jourt ver aue is a suboiaift-auax S4tieof_ A,*knvt Coolly of "Ile mndasigned swear dint the fn ageing sfaaiinas are On this — day of 2o_, bdae nx a,-Pental camel and include all material inl4am ion neeessay to identify (Nau�) fo a>uepasonallyl eml, whobeing swcmy didexaxrte ale and ee#h the tmns and opeatio, of aarjoint vedw and the intended patticipation by meh joint vananer in ilne undertaldng. f n affidavit and did slate that Fee or $ne was anll�izecl b �° pq)ctiY y (Name of flan) Fenulff, ilaetmdasigred rovauant and agree to provide to gruilce to exmft the affidavitanddidso asHsaherfieead and deed am nt, ompldte and aaxunte iofoanahm repnd'aag actual joint venaaewakandthepa} nienthewfoe and anylxq>oscrichanges Noti¢yPublic manyofihejo" vetmeauaogenents and topeanitihe audit and cmintlamaspims examination of the books, woords, and files oftiejomtve tam, by - "xrimd rgxesen4tives of the grandee or the Fedaal feuding Pal] ag y, Any nrkrial nusgxtsmbain will be gonads for tea mnainganymnaactAichmaybea enloil and for initialing actionwnderFedaalaSlafe IawscoamaningfalsesldemeNS" Allaehmett Ea`KhMA -FIC W-97 BP 16 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -26 CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determ red ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to 0* Exceptions imcrt the exceptions in the following space. 1 V` Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. RALP s ., _ COM PAs�P Name of BIDDER Signature of BIDDER G.P. 1ow k Date FED.8 -22 -88 S PREsWENT BP 17 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -27 Exhibit 15 -G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON APPENDIX F AGENCY: LOCATION: PROJECT DESCRIPTION: PROJECTNO. )3 -6797 Meole IIike Tra'I SafetvE l - -n 1 0 'd• t lSheaC St And e •P14 leoe. St. Gertrude Place CM- 5063(149) TOTAL FEDERAL CONUA T@ AMOUNT: $ 26 BID DATE: J�p q'Zp _ t BIDDER'S NAME: ri Y'�: Fitt R CONTRACT ITEM OF WORK AND DESCRIPTION CorLNo.ofDBE NAME OF DBEs DOLLAR AMOUNT ITEM NO, Olt SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address O BE PROVIDED mid hone number —1 — AJOI 64 6 L T t i _ iRJn 1 213 / road W ) 613 6 7011 - -- _. Mb IYUMALA For Local Agency to Complete:l� Total Claimed 1 i !_fifl = Local Agency Contract Number: Participation 1$ W� Federal Aid Project Number: Federal Share: t'i , 1+ % Contract Award Date: Local Agency certifies that all information is complete and accurate. ®ry p C "P° WN' PFIES ENE Print Name Signature Date Signature of Bidder Local Agency Representative Area Code) Telephone Number: — Date (Area Code) Tel. No, For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder- DBE Information (Rev 3/09) Distribution: (I) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award, Failure to send a copy to the BLAB within 15 days of award may result in de- obligation of funds for this project. (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original — Local agency files Bla 18 of 26 23BB -28 CITY OF SANTA ANA PROJECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be pc the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction unposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. C-T, ✓ 11 , K 33rHOWP4,MESIDENT BIDDER'S Signature y r�L? s�FES,i�2.^ 0103 L NMsR, 1 CO'i,2 °,% ?tiN,i'f Firm ate . Slundard Form LLL may be obtained £rotn Caltrans and Fn WA offices. BP 19 of 26 23BB -29 PALP, 2> LUG CITY OF SANTA ANA PROTECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE, OF LOBBYING ACTIYPI'IES Comolete this form to disclose lobbvina antivitiee nursuanrm 41 it e r, r aco 1. Type of Federal Action 2. Status ofPedeml Action 3. Report Type: Al a. Contract ,�] a. Bid/offer /application KI a, initial b. Grant b, initial award b, material change c. Corporate Agreement c, post -award d. Ban Por Material Change only: e. Loan Guaantee Year_ qumfer f. Loan Insurance, dale of Irstre oat 4. Nano and Address ofReponing Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter -Name and of Prime: .EMM AWNUE HEA gaWistrirt i latmvn Con essionalDistrict, i knoimn 6. Federal Department/Agency: 7. Federal Program Name/Description 07DANwnber Ifapplicable 8. Federal Action Number, ifknowm 9. Award Amount; ifknom 10. a, Name and Address of Lobbying Entity b. Individual Performing Services (#vhd#rg ak6zasJ/ V,,,ef,,uNa (tzd'rttaf..a(&d»vr'efas4 ILtr) (lanrem�,�oS1 trmrG M� attach Continuation Sheets ifnecess 11. Amount of Payment (check all that apply): 11 Type of Payment (ebeck all that apply) $ ❑ Actual ❑ Planned ❑ a. retainer ❑ b. one -tune fee ❑ c. commission 12. Fonn ofPaymant (check all that apply): ❑ a. cash ❑ d. contingent fee ❑ b. in -ldnd; specify: nature ❑ e. deferr value f, other, s ecify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), enployee(s), or member(s) contacted, for Payment indicated in item 11: attach Continuation Sheet s i cessa 15. Continuation Shee s attached: Yes o 16.hamnEicnral mbdfm 4hibisfwnis"mwdbyTide31USCSa4m 1352 Thisds lmmof obbymgadivifiesisannk ialmpes�offadupon Signature whichidaarcewaspl,mibyfttaabomwhenftft 3adiortwasmadeaenbcreil C. P, BROWN, PREME W he. Tlnsdiscicstwis tiedpa&=b3l U.S.C135Z Thisudmmlimwillbe PrintNarne aepxle bt rCagteasmlik%mLdR andwi7lbem ,i&bleforpubliciispcion 4nypr�` onwfiofaiLstoSfe�raTuit eddi�lcaueshallbesubjectfoaciv7paraltyof Title notless6=$ 10, 000andnatnraedm $100,000faaachsudifailura (562) 599 -5041 SEP °� � 2014 Tel hone No. Date FedsalUs;Grry Aubodwd for I ocal RepvducGon Smidmd Foma —LLL BP 20 of 26 23BB -30 TO BE USLD ROR TTDI9LALLY FUNDED PROJECTS ONLY CITY OF SANTA ANA PROJECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form FHWA -1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the special provisions of this project. Signed Title �"..XGVL IWINII€ j CIOMi,PA!". I Film Date BP 21 of 26 23BB -31 Cede MUM, PRESMENT CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(119) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the snaking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement, (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLU, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more dial, $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordin 1 . BIDDEit„S, RN , w >AJO t EXCEL 3V0 V N8 SEP - 9 2014 Date BP 22 of 26 23BB -32 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING `BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title onvem,PRESIMN1 Firm ,, vat �aRN3 Date SFP m 9 11314 CITY OF SANTA ANA BP 23 of 26 23BB -33 Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285,1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares t npr penalty of perjury under the laws of the State of California that the BIDDER has _ , has not f been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term 'BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER roust place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed C, P. BROWN, PRESIDENT Title RALA WC ARM Firm. z PEL WANG) (,SIP r#r' i "N Date BP 24 of 26 23BB -34 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. BP 25 of 26 23BB -35 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place, CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title C. P. MRA, PRES4DEtii p,3J,i.: ii.CCMi . Firm FX F3 PA k° €, fa1,r?$,1 f Date ['p - 9 2014 BP 26 of 26 23BB -36