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HomeMy WebLinkAbout23B - PROJ - ROADWAY REHABREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD FOR ROADWAY REHABILITATION ON MCFADDEN AVENUE, CIVIC CENTER DRIVE AND MEMORY LANE (PROJECTS 14 -6801, 14 -6804, & 14 -6811) (STRATEGIC PLAN NOS. 6, 1, B; 6, 1, C; & 6, 1, G) CITY MANAGER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Eagle Engineering & Development, Inc., the lowest responsible bidder, in accordance with the Base Bid plus Add Alternate 1, totaling $1,342,612.13, for the Roadway Rehabilitation on McFadden from Newhope to Harbor, on Civic Center from Main to Spurgeon, and on Memory Lane from Main to North City Limits Project. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,772,000. DISCUSSION Approval of these recommended actions will allow for construction of street repairs on McFadden Avenue, Civic Center Drive, and Memory Lane that were approved in the City's Capital Improvement Program for Fiscal Year 2014 -15. This phase of the Arterial Street Repair Program continues the rehabilitation of arterial streets throughout the City. The recommended arterial street segments, located in the two northern city quadrants (Exhibit 1), have been identified by the City's Pavement Management System as high priority arterial streets in need of rehabilitation. These arterial streets have deteriorated due to weather, age, and heavy usage. The improvements include removal and replacement of failed asphalt concrete pavement and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps. A major improvement to McFadden Avenue is the installation of bike lanes along this east -west corridor. In addition to extending the life of the pavement, the combined projects will enhance the ride quality, surface drainage, and appearance of the streets, while improving mobility and active transportation options. 23B -1 Contract for Roadway Rehabilitation on McFadden Avenue, Civic Center Drive, and Memory Lane June 16, 2015 Page 2 A Notice Inviting Bids was advertised on April 24 and 25, 2015, and bids were opened on May 14, 2015. The following is a summary of the bid invitations and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 0 Contractors requesting bidding documents 9 Bids received 5 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Eagle Engineering & Development, Inc, Pomona $1,342,613 2 R.J. Noble Company Orange $1,419,813 3 All American Asphalt Corona $1,480,128 4 Excel Paving Company Long Beach $1,640,895 5 Hardy & Harper Santa Ana $1,734,934 A total of five bids were received and all were deemed responsive. Eagle Engineering & Development, Inc. submitted the lowest responsive bid in the amount of $1,342,612.13, which is below the engineer's estimate of $1,486,000. Therefore, staff recommends award of this contract to Eagle Engineering & Development, Inc. 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), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. 2015 -49, 2015- 50, 2015 -51 were filed for this project. In addition, a Certification of Categorical Exclusion and 23B -2 Contract for Roadway Rehabilitation on McFadden Avenue, Civic Center Drive, and Memory Lane June 16, 2015 Page 3 Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis estimates project expenditures to be $1,772,000, which includes the construction contract, construction administration, survey and inspection, as well as contingencies. Funds are budgeted in the Select Street Construction Fund for projects 14 -6801, 14 -6804, and 14 -6811, for expenditure in Fiscal Year 2015 -16 from the following accounts: Proiect Account Amount 14 -6801 05917663 - 66220 $598,000 14 -6804 05917663 - 66220 $407,000 14 -6811 05917663 -66220 $767,000 I M r Executive Director Public Works Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B -3 23B -4 ° at rt 3 ° e r 23B -5 PWEW COST ANALYSIS REHABILITATION IMPROVEMENTS ON MCFADDEN FROM NEWHOPE TO HARBOR, CIVIC CENTER FROM MAIN TO SPURGEON AND MEMORY LANE FROM MAIN TO NORTH CITY LIMITS PROJECT NOS. 146801, 146804 & 146811: $1,342,613 $73,840 $93,980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33,557 TOTAL ESTIMATED CONSTRUCTION COSTS ( $1,772,000 Exhibit 2 23B -7 r CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No, 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14.6804: Civic Center Drive from Main to Spurgeon Street Project Nn, 14 -6811: Memory Lane from Main Street to North City Limit This CONSTRUCTION CONTRACT is made and entered into this 16 day of dune 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CIT r "' and Eagle Engineering & Development, Inc., hereinafter referred to as "CONTItACTOW', WITNSSSET'H, The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike spanner and to the satisfaction of the CITY, the following projects, herein after referred to as the "PROJECT": • Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard • Project No. 1.4 -6804: Civic Center Drive from Main to Spurgeon Street • Project No. 14 -6811: Momory Lane from Main Street to North City Limit All work shall be completed in accordance with the Contract Documents prepared by the City's Public Works Agency. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • ... Notice inviting Bids • ... Instructions to Bidders •... Bid Proposal * ... Bid Bond Contract Forms +... Contract Bonds •.., Specifications •... General Provisions +... Special Provisions • ... Project Flans +... Appendices +... Contract Agreement In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 2012 edition. Page t of MR-5 IN CITY OF SANTA ANA CONSTRUCTION CONTRACT Project: No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14.6804; Civic Center Drive from Main to Spurgeon Street Project No, 14• 6811. Memory Lane from Main Street to North City Limit 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the PROJECT the sum total amount not to exceed $1,476,874.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". 'rho BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the PROJECT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit `A ") including commencing construction within the timeframe the=rein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the PROJECT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of Cite work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved, by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater ( Warranty Bond), 7. CONTRACTOR shall, upon project completion as a condition of project ao0eptanro, finnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -five Percent (25 %) of the Contract price, to warrant the wort, done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. x. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. n Page 2 of 3 23B -10 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No. 14.6801: Mccadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Chive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. IlUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney r BYl Cite Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Eagle ngitaeering �� Deve`�no. Gardtrsq .sc �i4.A.r.s4x Title: 3'r h Page 3 of 3 23B -11 23B -12 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmlento COUNCILMEMBERS Angelica Amezoua P. David Banavides Michele Martinez Roman Rayne Sal Tinajero May 13, 2015 LISP] #I gel Mb • *! - 3. RNICATNTA PUBLIC WORKS AGENCY 20 Civic Center Plaza M -36 + P.O. Box 1988 M -36 Santa Ana, Cafi la 92702 W .Santa -ana orr 4 111111 P3 14 171 V-4 Ill I q Y» s CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following changes have been made to the Contract Documents for the above combined projects: 1. Replace Notice Inviting Bids with the attached version which moves the Bid t7 enin Tlme and Date by one day to Thursday. May 14.2015 Time: 2:00:59 pm. 2. Replace Special Provision Pages 60.65 per attached to clarify materials for Green Bike Lane Legends, Merging Areas and Details, in addition to anti -skid thermoplastic and thermosprey and other striping removal clarifications. 3. Revised Exhibit 1 related to Add Alternate #1 included in Addendum 1 previously transmitted. 4. Replace Channelization Plan TA -01 (per revision date 5113115) for McFadden Avenue from Newhope to Harbor. 5, Replace Channelization Plan (per revision date 5113115) for Memory Lane From Main Street to the Northern City Limit, and to clarify that the project limits begin from the east side of Main Street on Memory Lane. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA F04—Edwin' dliam" Galv , P.E. ^- City Ef gineer ExhibitA It�6ovgM_Pralwp>1ac1NalNlanal xrµmvammJeVACFWeen nom NovArolm la Nwbnr(ra- ij \Caeul "anulsPael5eauwNPtltlaMUWda x spec 14(vu$dou SANTA ANA CITY COUNCIL Miguel A. PuG90 I VnVelllF Sanniento MIChoo lvaornx Anger ca Annduua P.. ovgd aenevi'As Roni)n Rayna i SalTreMjo Mayor Wye, Pro Tem. We'd l ' Word Nlartl3 W"4 ! Word ! WaM6 I �.uk.nl�caF�+4 i va r lenlgs�sonla^ ss1m -om ! Mtvlart rex @anl aka rlA h3 d I LSi€!�tl �.L? - ! RRevna r'r�anit 3 I 6TIIl9r+ro aa+laa�na [9 23B -13 MAYOR Miguel A. Felice MAYOR PRO TEM Vincent F. Samiiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne SalTinajem May 7, 2015 PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 . P.O. Box 1988 M -36 Santa Ana, California 92762 yrvVW_aanta-ana. orq CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Holzer The following changes have been made to the Contract Documents for the above combined projects: 1. Replace Pages BP -1 through BP -3 with new Bid Items Numbers 37 -39 as part of Add Alternate #1 per the attached. 2. New Exhibit 1 related to Add Alternate #1 per the attached. 3. Replace Ghannelization Plan TA -01 {per revision date 5 /6/15} for McFadden Avenue from Newhope to Harbor. 4. Replace Definition of Bid Items pages A -11 through A -15, related to Add Alternate #1's new Bid Items No. 37, 38 & 39. All other terms and conditions remain the same. 11PYIf tFREW, nainaaNplao§ pn�P�olaGtWNU eUtMAallmp�ovennnlaU Wda 4.. NnvM9M la N 1l11naaaalNPaaumeM515pCailleplronaWMhnMVNtl I spa 10"' Uwe SANTAANA CITY COUNCIL Mlgol A. Fhaldo I Vinrent F&amtlantn Mkh.N Manplaz i ArvelxtA DZX i Poav aeneHdaF i Rwnnn Rayr Sal nmim Mayo Mayes Pm Tem, Ward 1 Ward2 i Wwd3 I WpMA Wazd5 I Walla MP Ida�sa I - i V�artttian o'®sa tlaaM.ara j MMvMr4@3$P f i PAmexcua�eaNaannaa j I RRSVnadapnntn�erW nm i ST_S, Rhi K 23B -14 CITY OF SANTA ANA PROPOSAL PROJ. 14-6801, .t • Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Mahn to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Eagle Engineering & Development, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents hi its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Unit Qty Un1t Price Amount 1 mobilization (5010) 4S 1 21 736,61 21,736.71 2 Unclassified Excavation CY 1,800 32.96 59,328 3 Pulverize Material and Cement Treat Base (CTB) (8 ") SF 140,300 0.67 94,001 4 Additional I% Cement Content (Optional)* X SF 140,300 0.06 8,418 5 Remove Excess Pulverized Material CY 1,300 31.51 40,963 6 Cold Mill SF 185,000 U4 62,900 7 Asphalt Concrete (AC) Pavement TN 7,000 64.60 452,200 8 Asphalt I2ubberliot Mix (AR11M) TN 2,400 76.44 153,456 9 Pavement Fabric* SY 41,500 1,56 64,740 10 — PCC Sidewalk (4") SF 3,910 4,21 16,461 11 PCC Driveway Approach (Commorcial = 8 ") SF 500 1035 5 375 12 PCC Curb Ramp SF 5,640 4.25 23,970 13 New ADA Truncated Domes (Cast- in- Placc) EA 3 327.17 082 14 PCC Curb and Clutter (Type A -2 -8) LF 450 21.82 9,819 15 PCC Median Nose" FA 2 720.77 3,442 16 Concrete Bus Pad SF 860 9.38 8,067 17 Grind PCC LF _ � 10 53.24 532 BP -1 23B -15 CITY OF SANTA ANA PROPOSAL PRO1 14 -6801, 14- 6804,14 -6811 ADDENDUM NO, ONE Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit Itom Description Unit Unit Qty unit Price Amount _ Is RootShave —"— EA 21 10116 2124 19 Adjust Sewer and Drainage Manhole to Finished Grade BA 36 487.66 14,630 20 Adjust Manhole Frame & Cover to Finished Grade _ BA — 10 488.44 4,884 21 New Water Valve Box Frame and Cover to Finished Grade EA 53 417.47 2rJ, 636 22 Adjust Survey Monument to Finished Grade EA 2 1620.39 3241 23 Adjust to Grade Sewer Cleanout EA 1 532.46 532 24 Adjust Pull Box to Finished Grade EA 2 490.76 982 25 New Pull Box ( #6) EA m 7 54234 3,796 26 Traffic Loops Type E FA 97 217.52 21,0199 27 Traffic Loops Type D FA _ 42 240.88 10,117 28 "Traffic Loops Type Q _ EA 1 239.58 2401 29 Detector Lead -in Cable LF 760 2.11 16014 30 Pedestrian Push Button to 40" _— EA 5 275.48 1377 31 Conduit LF 40 4317 1727 32 Temporary Construction Sign EA 6 0320.54 5523 33 Traffic Control (3 %) LS 1 35977.49 35977 34 Signing and Striping LS 1 78125.81 78126 35 Survey Work (2%) LS 1 12456.91 12454 36 SWPPP for Risk Level 2 Project LS 1 8572.32 8572.35 * *TOTAL BASE ]BID (Includes All Three Projects) 1,289,232.09 * The quantity for this bid item is shown forbid 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. x Tins bid item is considered deletable per Section 3 -2.5 "Eliminated Items" of the Standard Specifications. 1 This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. "The lowest responsible bidder sball be selected based on the lowest responsive 'TOTAL BASE BID. The City reserves the right to award the Base Bid and any, all, or none of the Add Alternate Bid items. 23B -16 CITY OF SANTA A ANA PROPOSAL r 14-6801, 14-6804, Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit Item Description Unit Qty Unit Price Amount ADD ALTERNATE #1 (Includes All Three Projects) 37 Bike Lane Legend (Exhibit 1, Detail "A ") EA 8 1870.42 6963 38 Bike Lane Merge Area Legend (Exhibit 1, Detail "F ") EA l9 2588 09 49174 39 Bike Lane Buffer Addition (Exhibit 1, Detail) LF 8,000 10.78 6240 TOTAL ADD ALTERNATE #1 (Includes All Three Projects) 62,337 * *TOTAL SASE SID (Includes All Three Projects) 1,289,232.09 * The quantity for this bid item is shown forbid 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 wilt be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly, X This bid item is considered deletable per Section 3 -25 "Eliminated Items" of the Standard Specifications. This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications, * *The lowest responsible bidder shall be selected based on the lowest responsive TOTAL SASE BID. The City reserves the right to award the Base Bid and any, all, or none of the Add Alternate Bid items. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder shall complete all work in the contract and for all three projects, within a total of one hundred ten 110 working days after the commencement date stated in the Notice to Proceed. Projects shall be constructed in the following order and ( #) working days per project: I) McFadden (50 working days), 2) Memory Lane (35 working days), & 3) Civic Center (25 working days) The bidder also proposes to commence construction of the Work within ten f10) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be X2,100 per calendar day. Name of Firm Eagle Signature of BIDDER Title President (if an individual, so state) BP -3 23B -17 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement 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 /her 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, the estimated quantities sat 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. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Eagle ,Engineeri Signature of BIDDER Title President ment, Inc, (if an individual, so state) (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.) BP -4 23B -18 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Eagle Business Address: 216 T Business Address: Telephone: ineering and Way, Pomona, CA 91767 E -Mail bramirez @eagleengdev.com 909 - 444 -5566 State Contractor's License No. and 760628 Class A Class: License Expiration Date: 1/31/2016 State Dept. of Industrial Relations (DIR) 1 000011 337 Registration No.: State Dept. of Industrial Relations (DIR) 6/30/201 5 RPai�+rar;nn F..xniration Date: 11:1P, Signed: Title: President BP -5 23B -19 Inc. CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name ofFirm Eagle Engineering and Development Signature of BIDDER Title President (if an individual, so state) BP -6 23B -20 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit OWNERSHIP AFFIDAVIT STATE Of CALIFORNIA I COUNTY OF ORANGE I SS: CITY OF SANTA ANA ) wnr m aamne: , being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERS14JP That he /she is a member of the copartnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the copartnership by: who constitute the other members of the copartnership, ❑* CORPORATION That he is of: eaye anninnefmy and oevempmen. Inc a corporation which is making the foregoing proposal: [-]JOINT VENTURE That lie is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duty vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by colt lion to secure any advantage against the City of Santa Ana or any person interested in the pro osed contract, for h' 's"�lf or any other person. Signature of Bidder sworn to before me this i day of J 20 Oath (Notary Public) J�OV�ANA 5i� TEFL HENS" Commission # 1955860 a $ • uu Notary public • California a San Bernardino County FA Gomm. Ez fires Oct 8 2015' BP -7 23B -21 'g +� +ci yw r 4 a..14n r�nv.AnfSxageM^aR .»w,_ I pp 7¢ JKS1 naulnw.,�pny °i§W.d1 W N WflgeF iwMYNr' �Cb'*W,:Y^� 23B -22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County cf Los Angeles On May 13, 2015 before me, Jovana Stephenson Notary Public Date Here insert Name end Title of the Officer personally appeared William Ramirez _ Name (s) of Signers 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 /sheAhey executed the same In his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the dOVANn STEPHENSON person(s), or the entity upon behalf of which the person(s) Commission # 1955660 acted, executed the instrument. Notary Politic • California i I certify under PENALTY OF PERJURY under the laws of San 6arnsrdino County the Sta=handand he foregoing paragraph is true M Comm, Ex tires Oct 8, 2015 W and co Witnes Place Notary Seal Above Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ownership Affidavit - McFadden Ave, to Harbor Blvd. Santa Ana Document Date: May 12,, 2016 Number of Pages: 1 Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) n Signer Is Representing; Signer's Nan ❑ Individual ❑ Corporate Officer — Tltle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Signer Is Representing: 02007 Nations) Notary Assooiadon, 53(0 Do Solo Ave., P.e. Box 2402. ghalaworlh, CA 0i 31 &2482, www.NatlonalNotaryorg lom 05907 neordec Cefl ToIFFroo l,000- 8766827 23B -23 I k , 70 kit N W 23B-24 Bond No. EAGEN -28 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No, 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No, 14- 6811: Memory Lane from Main Street to North City Limit KNOW ALL PRESENT that, Eagle Engineering and Development, Inc. , as BIDDER, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid ),which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of Mav , 2015 . BIDDER* 216 Toby Way SURETY* 21688 Gateway Center Dr. Subscribed and sworn to before me Orange, CA 92867 this (714) 516-1232 ay of ,20—. Signature: Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. BP -8 23B -25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of t oS Angeles -_._.. �. On Me 13 2015 before me, Jovana Stephenson Nota Public 'Date Here naert em a and Title at the Of9car personally appeared William Ramirez _ __ Namo(s) of & gner(s ._. JOVANA STEPHEN$ N C6mmisswnt9906$6g ,S NNtANJ1P8btltl� C6slifkir�Ia S6n9SmardinoT88nt�Y comm. Ex Inn; Oct 8; Zeta Place Notary Seal Above 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 signatures) 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 corract._e -- °' y, Witness q5y hand and Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond - McFadden Ave. to Harbor Blvd, Santa Ana Document Date: May 12, 2015 Number of Signers) Other Than Named Capacity(les) claimed by Signer(s) ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Titie(s):_ ❑ Partner-0 Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 9007 Nallonal Notary Assocladon • MM De Sob Ave., P.O. Box 2402 � Chatsworth, CA gt3l3 2402 "www.NationalNoieryorg ltom #5907 neaNer. Call Toil "Free 1.8ntl8'1fr6027 23B -26 23B -27 ib�Qpdf�Qi Si M71P NI ftSGt p;'R ., 23B -27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 5/12115 before me, Karen L, Ritto Notary Public, Date insert Name of Notary exactly as It appears on the official seal personally appeared Andrew Waterbury j Nama(s) of Slgner(s) I who proved to me on the basis of satisfactory evidence to be the person(x) whose name(X) is/=subscribed to the within instrument and acknowledged to me that heMM04 executed the same in his /W(M& authorized capacity(tex), and that by his /MoCWeit signature(X) on the instrument the person(x), or the entity upon behalf of which the person(4) acted, executed the instrument. / `<sr {r. r n't rN I certify under PENALTY OF PERJURY under the laws of (r - CC:411 1)t 1 � ttf ORANGb i phi the State of California that the foregoing paragraph is true and correcAatu,.N. n Witness mcial seal. Signature Place Notary Sea] Above public Karen L . RIttO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5112115 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,Andrew Waterbury Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General [J( Attorney in Fact ❑ Attorney In Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 23B -28 POWER OF ATTORNEY TRAVELERSJCarmiugton Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casually and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St, Paul Guardian Insurance Company ` Attorney -In Fact No. 228109 Certificate No. 006117264 IZ'NOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St, Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duty organized under the Imes of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc„ is a corporation duty organized trader the laws -at the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Daniel HuckIthy, Arturo Ayala, Dwight Reilly, and Andrew Waterbury of the City of _ Ornrto , State of California , their true and lawful Attomey(s) -in -Pact, cacti in their slim ire capacity if more than one is named above, to sign, execute, seal and acknowledge any and of bonds, recognizances, conditional andertakings and other vahings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertalengs required or peunlited in anyactions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th day of September 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity tied Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OtSU4, ury.lri grp*Pt b \Ff N.- �.�.;TG\ / p1Y,M9,4gq.y e Ye r i ' � OtW4„ 49 fl12s 1 � arp ' Ci`I 1✓ 8��%hn . b� g ' I�''4d x4�`a� 'Ki.'e o9 J g 4'R�O a 1 s ..t exq �� G f �sp.awi"j� ^� / S ; Y/£'e s 4t , I oeva:nnrlep n ° mn *.i ` l m:g is " N pA,C.1OY �NH. ^ fYMN4 A. SSAL;g clk!-! 8905 liso M... «,,✓, , 0 Slate of Connecticut City of Hartford as. Robert L, Raney., enior Vice President On this the 29th day of September 2014 before me personally appeared Robert L. Haney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity air([ Guaranty insurance Company, Fidelity and Guaranty Insurance Undecwriters,lnc., SL Paul Fire and Marine lneminee Cmnpnny, St. Paul Gtmrdian Insurance Company, St. Paul Mercury Insuraince Company,Travelers Casualty And Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaanty Company, and that Ire, as such, being authorized so to do, executed the Foregoing instrument for the purposes therein contained by signing on behalf or the corpmutions by himself is a duly authorized officer. In Wiliness yohereor, ] Ieret,5uo se[ my hand and official seed. T�AA My Commission expires the 30th do), of June, 2016. BUG %r 4•Marc C.'reu'emut, Notary Public 58440 -8 -12 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in fill force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any AssistaatTreasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys- In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Resident, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty anesied and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, rimy the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin B. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaady Insurance Company, Fidelity and Guaranty Insurance Underwriters, fine., St. Paul Fire and Marine Insurance Company, St, Paul Guardian lnsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Goal arty, Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th defer May 120 15 Kevin. F[ugh �istant Sea to pGyFpSVAJ�F try f1M1[ y ' v�0.W..:'.r.S(,N jp %Y.iP'. NSVAro OP,ty 4Hp ryt r}b S�t(� �x5 U R �Y mmusinteD '. j Eo0.VOnnYfl iW:�OAP094 t�.M�, 4 G Q e 1989 $ i 197'7 auurosa F0' 1EQ® 'y, i9tJi a4. am ��v5CA4 %' "51SAL:'m. roan. k \* use �A . nH i lF { To verify the authenticity of [his Power of Attorney, call 1- 800 -421 -3880 or contact its at www.travelersbond.coni. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OFJ% -iYNSY 1,50W W {.ID WITHOUT THE RED CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit 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: ' /a% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department oftndustrW Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Diversified Asphalt Products License # /Exp. 68172612/31/2015 DIR Reg. #/EXp. 1000009014 EXP 613012015 Location Anaheim, CA Phone 714- 449 -6666 Type Of Work Pavement Fabric Amount $ 60,806 Name Orange County Striping License # /-Exp. 346095 EXP:3/31/2017 DIR Reg, #/Exp. 1000005547 Exp:6130 115 License # 346095 Location Orange, CA Phone 714 - 639.4550 Type Of Work striping Amount S 73110 Name California Professional Engineering License # /Exp. 793907 EXP: 413012017 DIR Reg. # /Exp. 1009001980 EXR 6/30/201 s License # 793907 Location La Puente Phone 626 -810 -1338 Name Pavement Recycling systems License # /EXp, 569352 EXP:. 5/31/2015 DIR Reg. # /Exp. 1000003363 EXP: 6/30/2015 Location Jurupa Valley Phone 951.682 -1091 Type Of Work Amount $ Name Tree Smith Cement Treat Base 65515.21 License # /Exp. 802705 EXP: 1131/16 DIR Reg. #/Exp. 1 000001 83 8 EXP: 6/30!2015 License # 802705 Location ANAHEIM, CA Phone 114- 996 -6037 Type Of Work Tree Amount $ 1995.00 Name License # /Exp. DIR Reg. # /Exp, License # Location Phone BP -9 23B -31 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. t4 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Sheet to North City Limit REFERENCES The following are the names, addresses, and telephone numbers for T.HR ->; public agencies for which BIDDER has performed similar work within the past three years. I, USACE- Fort Irwin National Training Center, CA Name and Address of Owner. Jason King- 760 -953 -3812 Name and Telephone Number of person familiar with project, 3,700,000 Complete Asphalt and Base Section R &R 5/2015 Contract Amount Type of Work Date Completed 2. PWD Twentynine Palms, CA Name and Address of owner. Joseph Leonard - 760 -830 -8806 3,000,000 Contract Amount 3, NAV /FAC Twentynine Palms, CA of person familiar with project. Various Asphalt/Concrete Repair Projects Base Wide Type of Work Name and Address of owner. Brian Harrington- 760 -830 -7409 Name and Telephone Number of person familiar with project. 6/2014 Date Completed 684,044 R &R Asphalt Roadway, New Sidewalk, Curb & Gutter 212015 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. I Milik & Associates Insurance Services 917 S. Village Oaks Dr. Suite 101, Covina CA. 91724 - 877.468 -2233 CSBA - COMMERCIAL SURETY BOND AGENCY- Main: (951) 340.2804 BP -10 23B -32 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed Rehabilitation Street Improvement Project work in the past 5 years. 1. USACE- Fort Irwin National Training Center, CA Name and Address of Owner. Name and Telephone Number of person familiar with project. 3,700,000 R &R Asphalt Contract Amount Type of work 5/2014 Date Completed 2. USACE VA Hospital, Long Beach, CA Name and Address of owner. Thien Vu - 626 - 27.6154 Name and Telephone Number of person familiar with project. 2,010,000.00 AC & FCC Rehab 11/2012 Contract Amount Type of work Date Completed 3, USACE- Fort Irwin National Training Center, CA Name and Address of owner. Jason King - 760- 953 -3812 Name and Telephone Number of person familiar with project. 2,900,000 _ _ R &R Asphalt 4/2015 Contract ,Z—M"" mount 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. BP -1 I 23B -33 CITY OF SANTA ANA PROPOSAL, Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signet 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 State of California County of1_Li%17�i� Subscribed and sworn to (or affirmed) before me on this day of � 2(��y � t l � j� 1�.>a VV1l C g� proved to me on the basis of satisfactory evidence to be he person(s) BP -12 Notary Public Seal 23B -34 55 anvaN°"'°" n srE n NsDN [ +yCommlaeiorr # i956 O UW - Notary Puhllo - Californla a San Bernardino Counly my Comm. Ea he Oct S. 2015 23B -35 eq _. 23B -35 ;z • •. r A ;+ r M l A' a STATE OF CALIFORNIA County of Los Angeles On Mav 13. 2015 before me, Jovana Stephenson Notary Public Date here insert al�me and'rit a of thn Icer personally appeared William Ramirez Nalno(s) of Slgnons) JOVANA STEPHENSON Commission # 1955660 `r Notary Public • California San Bernardino county M Comm. Ex ire$ Oct 6, 2015 Place Notary Seal Above 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./" -'""moo Witness l hand and Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Non Collusion Affidavit- McFadden Ave. to Harbor Blvd. Santa Ana Document Date: May 12 2015 Number of Pages: 1 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: William Ramirez 0 Individual [9 Corporate Officer— Title(s):Presidant 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer is Representing: 02097 Na9onal Nolary Aasaoiaon, 9350 De Solo Ave.,PA,aox 2402• Chatsworth, CA 013132402•wvnv.NaVonelMotary.arti Item45907 reorder: Cell TclWree 1.806-876.6827 23B -36 23B-37 W, M, CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 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. 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 whale 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. C' 23B -38 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit 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: IA)V--VEZ2� Title: President Firm: Eagle Engineering and Development, Inc Date: 5/13/2015 BP -14 23B -39 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to 'North City Limit 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 mount to the Califon 'vApprenticeship Council. Signed: Title: President Firm: Eagle Engineering and Development, Inc. Date: 5/13/2015 .1 23B -40 CITY OF SANTA ANA PROPOSAL Project No, 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit 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 entitlle-dI� Signed: �yrt _ Title: President Firm: Eagle Engineering and Development, Inc. Date: 5/13/2015 BP -16 23B -41 CITY OF SANTA ANA PROPOSAL Project No. 14 -6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14 -6804: Civic Center Drive from Main to Spurgeon Street Project No. 14 -6811: Memory Lane from Main Street to North City Limit PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE 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 x If the answer is yes, explain the circumstances in the following space. e0 23B -42 2/ 3m )\ J\ ( { w / §f)) )\ \( \ /\/ � \ »t\ A£Q � ©\ � (\ )24 / \\ I/ « { §§ tam \\k \)k eqm \ \ƒ Cd / }� \«f 7 {/ j \\ 9 � 4 § / k / \ \ A / 2b lA 14 ®I` 23B -44