HomeMy WebLinkAboutND CONSTRUCTION COMPANY, INC. fG�
Recording Requested By, Recorded in Official Records, Orange County
And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder
Clerk of the Council,City Santa Ana I IIII$Iillllll�lllltlllllllll!�1111�II 11111 1111 11111 lllll�JllI III!II
20 Civic Center Plaza,P.O.Box 1988 NO FEE
Santa Ana,CA 9270� 9 8 5 0 1 3 7 $ *
201800002815811:25 am 01/25/18
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TI-IIS SPACE FOR COUNTY RECORDERS USE ONLY
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NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana,
California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza,
Santa Ana, California, 92701, is the owner of the property hereinafter described, that
said owner has caused construction of SAFE TRANSIT STOPS (BUS SHELTERS)
under contract entered into on 6/7/2016, with ND Construction, on which contract AVI
Commercial Insurance Marketing Inc. is surety. The property on which such work
4 F improvement was placed is in the City of Santa Ana, County of Orange, State of
California, and described as Project No.15-6843 located at: Various Locations. The work
improvement on said property was accepted as completed on 12/22/2017.
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C CITY OF SANTA ANA, A 1VMUNICIPAL CORPORATION
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Dated: t 1 �� Principal Civil Engineer-Tyrone Chesanek
TITLE
VERIFICATION
I, the undersigned, say: I am the City Engineer- Edwin"William" Galvez of the City of
Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of
the owner of the property therein described; I snake this verification on behalf of said
corporation by authorization of the City Council of the City of Santa Ana; I have read
said notice and know the contents thereof; and I declare under penalty of perjury that the
facts therein stated are true.
24 t�
Executed on,:11nCAn rr 16P , at Santa Ana, California.
(Signature of individualsw aring that the
contents(if Notice of Completion are true.)
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED I JUN 0 7 2016
AWARD CONTRACT TO ND i As Recommendedo 23A
CONSTRUCTION COMPANY INC. FOR ❑ As Amended
CONSTRUCTION OF SAFE TRANSIT [I Ordinance on tn' Reading
❑ Ordinance on 2"a Reading
STOPS (PROJECT NO. 15-6843) ❑ Implementing Resolution
(STRATEGIC PLAN NO. 6, 1G) ❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to ND Construction Company, Inc., the lowest responsible bidder, in
accordance with the base bid plus additive alternates 1 and 2, in the amount of $1,066,446
for the construction of Safe Transit Stops, and authorize the City Manager and Clerk of the
Council to execute contract, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,439,702,
which includes the contract base amount, administration, inspection, testing, and an
authorized contract contingency of 20 percent in the amount of $213,290.
DISCUSSION
The Public Works Agency was successful in obtaining a grant from the Orange County
Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program -
Project W Program. This grant funds bus passenger amenities at the 100 busiest bus stops in
Orange County. The funding approved for Santa Ana is for 29 OCTA -identified locations that do
not currently have bus shelters (Exhibit 1). In addition to constructing bus shelters at these
locations, grant funds will also cover the cost of shelter lighting, benches, trash receptacles, and
related concrete repairs. OCTA requires award of a construction contract by June 30, 2016.
Two concepts were presented to and approved by the Development and Transportation Council
Committee on February 11, 2016. The first concept will serve as the prototype for the majority of
installations, while the second will offer a more distinctive look, and are to be installed at four to
five high visibility locations.
Contract Award For Construction of
Safe Transit Stops
June 7, 2016
Page 2
A Notice Inviting Bids was advertised on April 11 and 18, 2016 and bids were opened on April 27,
2016. The following is a summary of the bid invitations made and the bids received:
Contractor Participation Data
Santa Ana contractors receiving notices
10
Contractors requesting bidding documents
12
Bids received
5
Bids received from Santa Ana contractors
0
Bid Results Summary
RANK
BIDDER'S NAME
LOCATION
BASE BID AMT
1
ND Construction Company
Anaheim
$738,086
2
Fast -Track Const. Corp.
Culver City
$774,644
3
Humphrey Constructors
Diamond Bar
$863,000
4
Lehman Construction, Inc.Tustin
$885,884
Five bids were received and four were considered responsive, with ND Construction submitting
the lowest responsive bid (Exhibit 2). Based on the bids received, staff recommends award of
this contract to ND Construction (Exhibit 3).
The estimated total delivery cost of this project is $1,439,702 which is based on the base bid,
additive alternates 1 and 2, and other costs detailed in the project cost analysis (Exhibit 4). The
$687,519 grant will be supplemented with $200,000 of City General Funds and $552,183 of
Peebler Capital Projects fund.
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 G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment Plan (e.g., neighborhood streets, traffic
improvements, etc.).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are
exempt from further review. Categorical Exemption Environmental Review No. 2016-55 was filed
for this project.
Contract Award For Construction of
Safe Transit Stops
June 7, 2016
Page 3
FISCAL IMPACT
The Safe Traffic Stops project was approved in the FY 2014-2015 CIP. Funding in the amount of
$687,519 is available in the Measure M2 Street Construction Fund (Account No. 03217663-
66220), $200,000 in the General Fund (Account No. 01117620-66220) and $552,183 in the
Peebler Fund Capital Projects (Account No. 4181830-66220).
Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to
change. Any unspent encumbered balance will be carried forward into subsequent fiscal years
as needed to fulfill the contract obligations.
Contract Period
Project No.
Account No.
Amount
FY 2015-16 (June)
15-6843
03217663-66220
$44,375
FY 2016-17 (July -June)
15-6843
03217663-66220
$643,144
FY 2016-17 (July -June)
15-6843
01117620-66220
$200,000
FY 2016-17 (July -June)
15-6843
41818830-66220
$552,183
TOTAL:
$1,439,702
Public Works Agency
Robert Cortez
Special Assistant to the City Manager
City Manager's Office
FM/EWG/TC/MO
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Location Map & Design Concepts
2. Bid
3. Construction Contract
4. Cost Analysis
* Locations
i o %rc F.�r.
City Council
P� WA Agenda Date
J June 7, 2016
Project No. 15-6843: Safe Transit Stops
EXHIBIT 1
(Page 1 of 2)
Study Concept 1:
• Proposed Prototype
• Good for Narrow ROW conditions
• Concrete encased, recycled steel
posts; Roofing made with post-
industrial recycled content
• Opportunity to introduce color
• Suspended benches or lean rails
Study Concept 2:
• Proposed for larger ROW area, . '�cev
locations: Bristol/First St., Main Street
(DTSA, Museum Row), Broadway (DTSA),
SARTC (future)
• Back Panels Can Vary: Area/Route Maps,
Mesh Grid for Landscaping, Artwork
(OCSA, DTSA), Billboard for Ads, OCTA
Promotions (SARTC)
• Suspended Benches or lean rails
• Pilot installation
CITY OF SANTA ANA
PROPO
PROJECT NOSA15-6843 Exhibit 2
SAFE TRANSIT STOPS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: ND Construction co., Inc.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed work, that
they have examined the Contract Documents in its entirety and hereby proposes to fumish all material and
do till 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
Qty
Unit
Unit Price
Amount
1
New Single Bus Shelter
40
EA
�
$ rd
2
New PCC Concrete .Replacement
1,400*
SF
$
$ to ER0
C
3
New PCC Curb Ramp Replacement
12
EA
$
% 97a
.66$
I
4
New Tree
4
EA
$ (,(�
$ (�60
TOTAL BASE BID
2
$ % Jg, D�6.
ADD ALTERNATE BID I:
5
New Solar Panel Systems
40*
EA
$
gr�fD.�4D,
qq0.
TOTAL ADD ALTERNATE BID 1
$ /, • �!�
ADD ALTERNATE BID 2:
6
1 New Advertisement Case
29*
EA
$
gr�fD.�4D,
qq0.
TOTAL ADD ALTERNATE BID 2
$ a 4Or
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* 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
P-1 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
Tight to increase or decrease the quantity of this item accordingly.
TOTAL BASE BID
$ Zjg 0&.60
TOTAL ADD ALTERNATE BID 1
$ 97 4�. 00
TOTAL ADD ALTERNATE BID 2
$ (�4-6r 1 cl o. 60
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within one -hundred twenty (120) working days after the commencement date
stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $573 per calendar day.
Name of Firm
ND Construction Co., Inc.
Signature of BIDDER
Title president
(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.)
oe
P-2 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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 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. 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 ND construction co. , inc. I n
Signature of BIDDER 1///�/ �W �j
Title President
(If an individual, so state. If a fuYn 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.)
P-3 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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: ND construction Co., Inc.
Business Address: 2201 E Winston Rd, Suite M, Anaheim, CA 92806
Business E -Mail Address: info@ndcompanies.com
Telephone: 949-498-1799
State Contractor's License No. and Class: 779970 - A, S, CIO, C46
License Expiration Date: 6/30/2016
State Dept. of Industrial Relations (DIR)
Registration No.: 1000004666
State Dept. of Industrial Relations (DIR)
Registrar
. I_ . __ C/�n,gn7c
Signed:
Title:
President
P4 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: I5-6843
SAFE TRANSIT STOPS
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 of Firm
No Construction Co., Inc.
Signature of BIDDER
Title President
(if an individual, so state)
P -S of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CI TY OF SANTA ANA )
Michael Martin , being duly sworn, deposes and says:
❑ INDIVIDUAL That he/she is the party making the foregoing proposal:
❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as:
and who has been and is duly vested with the authority to make and execute instruments
for the co -partnership by:
who continue the other members of the co -partnership.
Q CORPORATION That he is of:
President
a corporation which is making the foregoing proposal:
❑ JOINT VENTURE That he is of:
one of the parties making the foregoing proposal as a joint venture, and the he'shc has
been and is duly 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 of- sham, and has not in any manner sought by
collusion to secure any advantage against the City of Santa Ana or any person interested in the
proposed co act, - him If or an they erson.
Signatur of Bidder
Subscribed Inds iv -n t6 before me this 26th day of April 20 16
Signature of officer Administering Oath (Notary Public)
----------------
NICK MARTIN
Commission # 1978731 =
a! -W- - Notary Public - California
z:.
`< Y Orange County
My Comm. Expires May 21, 2016
P-6 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
BID BOND
KNOW ALL PRESENT that,
ND Construction Company, Inc. , as BIDDER, and
Merchants Bondinq Company (Mutual) as SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _
'Ten Percent of Bid Amount Dollars ($_10% of Bid ), which is lien 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
21st day of April 2016 .
BIDDER*
SURETY*
6700 Westown Parkway, Des Moines. IA
F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA 92101 619.238-1828
and sworn to before me this day of
,20—.
Signature:
Please see attached California All -Purpose Acknowledgment
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.
P-7 of 13-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing
this certificate verifies only the identity of the individual who signed
Line document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
County of San Dido
On APR 2 12016 before me,
R. Martin Notary Public,
_Janice_
Oate
_,
Insert Name of Notary exactly as it appears on the official seal
personally appeared Lawrence F. McMahon
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the personNh whose name($h is/#f# subscribed to the
within instrument and acknowledged to me that he/ftftg
executed the same in hisfttjMQ authorized capacity0#Q,
to MAR711N
rr 1 9656 n
and that by his/b#t/,(kW signature(4ii on the instrument the
NK", .,tmnM
a: i�} "l" pr llptlr AI-IeQRNIA0
person(yh, or the entity upon behalf of which the persongt)
acted, executed the instrument.
( ..a a ,.ri )Irrr, COMFY
_.:I, yw'
`v;ksf3
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
.
Placa Notary Seal Above
Signature
Signatureo ota Public Janice R. Martin
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:
Document Date:
�.� Number of Pages: _
Signer(s) Other Than Named Above:
_
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer—Title(s):
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited El General
❑ Partner ❑ Limited ❑ General
C✓ Attorney in Fact•
❑ Attorney in Fact
❑ Trustee
❑ Trustee •
❑ Guardian orConservator Top of thumb here ❑ Guardian orConservator Top of thumb here
❑ Other:
❑ Other:
Signer is Representing:
Signer is Representing:
MERCHAN
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
James Baldassare Jr; Lawrence F McMahon
of San Diego and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any
such Instrument shall not exceed the amount of:
TWO MILLION ($2,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011,
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fool, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014,
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
BY I <
President
On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
saythat he Is President or the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument Was signed and
sealed In behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Metrics, Iowa, the day and year
first above written. _ ... .—......... ...
hPR-Acs _.._.. _.. WENDY WOODY
r Commission Number 784654 E
My Commission Expires
o June 20, n 17
Ex
Notary Public, Palk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, dr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
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 still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 21st dayof April 2016 •,,,
'0-
�0013
POA 0014 (7/14)
aa. fi
Secretary
zx�;, 2043 ;'°ti'>3•
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•,gid •dc:
STATE OF IOWA �'`a, $� ,,•+'
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'•W 5`r �,°
° ° •
COUNTY OF POLK as.
•
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
BY I <
President
On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
saythat he Is President or the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument Was signed and
sealed In behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Metrics, Iowa, the day and year
first above written. _ ... .—......... ...
hPR-Acs _.._.. _.. WENDY WOODY
r Commission Number 784654 E
My Commission Expires
o June 20, n 17
Ex
Notary Public, Palk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, dr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
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 still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 21st dayof April 2016 •,,,
'0-
�0013
POA 0014 (7/14)
aa. fi
Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange /
On _ + o1`7Z1I6 before me, Nick Mar in Notary Public
De Here Insert Name and Title of the Otflcer
personally appeared Michael Martin 9lgnor__
Namo(s) of (s)
OPTIONAL
Though tha information below Is riot required by taw, If may prove valuable to persons relying an the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
i'itle or Type of Document:
Document Date,
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer ----Title(s):—
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:--------
Signer's Name: _
❑ Individual
❑ Corporate Off Icer —Title(s);__ _
❑ Partner—_. ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name0i) is/aX subscribed to the
within instrument and acknowledgged to me that he/&WV,4
NICK MARTIN
e
executed the setin his/h f fl§Sauthorized capacity(k ),
Commission # 1918751
Notary
and that by hisliAhk/NIM signature(s4 on the instrument the
person(4, or the entity upon behalf of which the person($)
Public • California
Oranga county
My Comm.
acted, executed the instrument.
Expires May 27, 2016
1 certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and fflb al al.
Signature _
Place Notary Seal Above
uignalur of Notary public
OPTIONAL
Though tha information below Is riot required by taw, If may prove valuable to persons relying an the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
i'itle or Type of Document:
Document Date,
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer ----Title(s):—
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:--------
Signer's Name: _
❑ Individual
❑ Corporate Off Icer —Title(s);__ _
❑ Partner—_. ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
LIST OF SUB -CONTRACTORS
Section 41.00 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all
subcontract work exceeding the following amount:
o Streets, highways including bridge projects: Y2% of the bid or $10,000, whichever is greater
o Buildings, parks, or other projects: ''/s% of the bid
Section 1.725.5 of the Public Contract Code requires all Subcontractors be registered with the State
Department of Industrial Relations (DIR).
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name
License #/Exp.
DIR Reg. #/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name _
License #/Exp.
D:IR.Reg.#/Exp _-
License #
Location
Phone
Type Of Work
Amount $
Signaturdof Bidder
'Dame
License #/Exp.
DIR Reg.#/Exp,
Location
Phone
Type Of Work
Amount $
Name _
License #/Exp.
DTR Reg. #/Fxp.
License #
Location
Phone
Type Of Work
Amount $
Name _
License #/Exp,
DIR Reg. #/Exp.. _
License #
Location _
Phone
Type Of Work
Amount $
P-8 of P-16
CITE' OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER has performed similar work within the past three years.
1 City of Whittier, 13230 Penn Street, Whittier, CA 90602
Name and Address of Owner.
James Keena -562-56",-9514
Name and Telephone Number of person familiar with project.
$702,211 Transit shelter improvements Dec 2015
Contract Amount _— Type of Work Date Completed
2. Sunline Transit Agency, 32-505 Harry Oliver Trail, Thousand Palms, CA 92276
Name and Address of owner.
Anita Petke - 760-393-3956
Name and Telephone Number of person familiar with project.
$322,928 Transit shelter improvements July 2015 _
Contract Anrounk Type of Work Date Completed
3. City of. San Gabriel, 425 S Mission Drive, San Gabriel, CA 91,776
Name and Address of owner.
Angela Cheng - 626-308-2825
Name and Telephone Number of person familiar with project.
$535,705
Contract Amount
Transit shelter improvements Dec 2014 _
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.
Ryan Warnock, Alliant, 701 B Street, 6th floor, San Diego, CA 92101, (619) 899-3937
Doug Krumpols, AVS, 200 S Ola Vista, San Clemente, CA 92672, (949) 990-1856
P-9 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER or Subcontractor has performed similar improvement work in the past 5
years.
1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882
Name and Address of Owner.
Gerardo Sanabria - 951-279-3522
Name and Telephone .Number of person familiar with project.
$71,222 Transit shelter improvements Dec 2015
Contract Amount Type of Work Date Completed
2. City of Santee, 7.0601 Magnolia Ave, Santee, CA 92071
Name and Address of owner.
9-258-4100
Number of person
5156, 153 Transit shelter improvements Tan 2015
Contract Amount Type of Work Date Completed
3, Riverside Transit Agency, 1825 Third Street, Riverside, CA 92507
Name and Address of owner,
Andrew Frost - 951-565-5210
Name and Telephone Number of person
$194,565 Transit shelter improvements _ Feb 2014
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.
P-10 of P-1.6
CITE' OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
NON -COLLUSION AEEIDAM
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
ht 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 taut 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 or 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 bird price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non -collusion Affidavit is
on the signature portion thereof shall also
Affidavit. BIDDERS are cautioned that in
certifier to criminal prosecution. y
Signed.
State of California
County of ORANGE
Subscribed and sword to (or affiinned) before
Michael Martin , proved to me on
person(s) who appeared b fore me
Notary Public Signature
part of the Proposal. Signing this Proposal
constitute signature of this Non -collusion
may subject the
me on this 25th day of April , 20 i G by
the basis of satisfactory evidence to be the
NICK MARTIN
Commission # 1918731
Notary Public -California z
_ Orange County
M Camm. Expires Mag 27,2016
Notary Public Seal
P-11 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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/sbe
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 11.246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 1.1246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation, to ascertain
compliance with such riles, -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,
terininated, or suspended in whole or in part and the Contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies involved 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.
P-12 of P-16
CITY OF SANTA.ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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 sub'ect to all the penalties imposed for a
violation of the*Chapter
Signed:
Title: President
Firm: ND Construction Co., InC.
Date; 4/26/16
P-13 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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:
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 m.nlber of apprentices or the ratio of apprentices to journeymen stipulated in the
apprenticeship standards.
3. Contribute to the fund or finds in each craft or trade in which he/she employs journeymen or
apprentices on the public work, in the sante 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 C Arni,, Apprenti�nhip f ouncil.
Signed:
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-14 of P-16
CITY OF SANTA ANA
PROPOSAL
PROTECT NO.: 15-6843
SAFE TRANSIT STOPS
STATEMENT REGARDING "ANTI -KICKBACK" R.EOUIREMENTS
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 (1 & USC 74) as
supplemented in the Department of Labor regulations (29 CPR, Part 3). This act provides that
each contractor or subcontractor shall be prohibited from inducing, by any rneans, 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. i
Signed: ��� 41
Title: President
Firm: NU Construction Co., Inc.
Date: 4/26/16
P-15.ofP-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
PUBLIC CONTRACT CODE SECTION 10162�UES'IIONNAIRE
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.
P-16 of P-16
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Vincente Sarmiento
COUNCILMEMBERS
Angelico Arnezcuar
P, David Bwavides
Michele Martinez
Roman Reyna
Sal noijaro
April 21, 2016
ADDENDUM No. ONE
CITY OF SANTA ANA
PUBLIC WORKS AGENCY M-36
P.O. BOX 1988
Santa Ana, California 92702
C(f Y MANAGER
David Cavazos
CITY ATI ORNEY
Sonia R. Carvano
CLERK OF THE COUNCIL
Marro D. Huizar
The following changes have been made to the specifications of the subject project:
Specifications
1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4:
Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown
in Appendix E"
2. Appendix H, Concept Drawing Keyed Note #9: Revise note to read as follows:
"LED Strip Lighting: Install minimum one X-0" long strip per bay to provide minimum two (2)
footcandle light level around shelter. This level can be inclusive of existing nearby street
lighting. Light operation will be from dusk until dawn. "
3, Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows:
"Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy,
shall be sized for the shortest day of the year, and shall be UL listed."
4. Appendix 1-1, Concept Drawing Keyed Note #14: Append to note the following:
"Lighting for Advertisement Case to be solar powered."
All other terms and conditions remain the same.
- - --N
FOR THE CITY P�SANJ-A ANA
C—
r.
Edwin "William" Galvez
City Engineer
Public Works Agency
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: ND Construction Co., Inc.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed work, that
they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and
do ell 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:
BASE. DID:
Item
Description
Qty
Unit
Unit Price
Amount
1
New Single Bus Shelter
40
EA
$ (br .M
$
2
New PCC.: Concrete Replacement
1,400*
SF
$ 7
3
New PCC Curb Ratnp Replacement _
12
EA
$4G�I,(z
$ 5 r
4
New Tree
4
EA
$
$ co
TOTAL BASE BID
$
ADD ALTERNATE BID I:
5
New Solar Panel Systems
40*
EA
�„ 185.00
$
97
TOTAL -ADD ALTERNATE BID I
$8 -7 W , bQ _
ADD ALTERNATE BID 2:
6 1
New Advertisement Case—w_____�
� 29*
EA
�$
Or-3law
��O' rd,
"TOTAL ADD ALTERNATE BID 2
$
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
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
P-1 of P-1.6
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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.
TOTAL BASE BID
$ %'� b ��6. 60
TOTAL ADD ALTERNATE BID 1
$ 8 7 ¢C), 00
TOTAL ADD ALTERNATE BID 2
$ (�4lJ,
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQTjIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within one-buudred twenty (12U) working days after the commencement date
stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $573 per calendar day.
Name of Firm
ND Construction Co., Inc.
Signature ofBIDDER
Title President
(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.)
P-2 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Docrunents 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 Cleric 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 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. 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 Finn ND Construction Co., Inc,
Signature of BIDDER
Title Presj.denL
(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.)
P-3 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
CONT'RACTOR'S LICENSING AND REGISTRA'T'ION 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 Depa traent of Industrial
Relations (DIR), and that the following is true and correct.
Contractor's Name: ND Construction Co., Inc.
Business Address; 2201 P Winston Rd, suite M, Anaheim, CA 92806
Business E -Mail Address: info@ndcompanies . con
Telephone: 949-498-1799
State Contractor's License No. and Class: 779970 - A, B, C10, c46
License Expiration Date: 6/30/2016
State Dept. of Industrial Relations (DIR)
Registration No.:
State Dept. of Industrial Relations (DIR)
Registration Expiration Date:
Signed;
1000004666
6/80/2016
Title: President
P-4 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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 of Firm
ND Construction Co., Tnc
Signature of BIDDER
Title president
(if an individual, so state)
P -S of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFI TRANSIT STOPS
OWNERSHIP AFFIDAVIT
S'TATF, OF CALIFORNIA
I
COUNTY OF ORANGE
I SS:
CITY OI' SANTA ANA
)
Michael- 'Martin
, being duly sworn, deposes and says:
[INDIVIDUAL
Thathe/she is the party making, the fbrcgoing proposal:
❑ PAR TNLRSI HP
That he/she IS a member of the co -partnership firm designated as:
and who has, been and is duly vested with the authority to snake and execute insnwnents
for the co -partnership by.
who constitute the odus members of rhe co -partnership.
(h] CORPORATION
That he is of:
President
a corporation which is making the foregoing proposal:
[I JOINT V G:NTURH
That he is of:
one of' tile parties making the foregoing proposal as a joint venture, and the he/she has
been and is duly vested with the authority to execute instruments fiir an on behalf of the
Parties making said bid who are:
that such a bid is genuine and not collusive or shale, and has not in any manner sought by
collusion to secure any advantage against the City of Santa Ana or any person interested in the
proposed con tact, "trim If or an r Cher erson.
SignatUr of Bidder
Stiibscribed nd swo n t before me this?6tr, day of April_ 201_6
Signature of officer Administering Oath (Notary Public)
P-6 of P-16
8 ;�,
NICK MARTIN
Commission # 1978731
Notary Public - Udua rnia z
a t+.1- •
x•r'1
0''
orange County
My Comm. Gxpires May 27, 2818
P-6 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
BID BOND
KNOW ALL PRESENT that,
ND Construction Company, Inc. , as BIDDER, and
Merchants Bonding Company (Mutual) , as SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _
Ten Percent of Bid Amount Dollars ($ 10%of 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.
1N WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this
21st day of Aoril 2016 ,
BIDDER*
SURETY*
Merchants Bondi Company (Mutual), 6700 Westown Parkway, Des Moines, IA 40266-7754. T:800-678-8171
Signature:
F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA 92101
and sworn to before me
,20
619-238-1828
this
Please see attached California All -Purpose Acknowledgment
Notary Public in and for the County of
, State of
day of
Provide BIDDER/ SURETY name, address, and telephone number and the name, title,
address, and telephone number of authorized representative.
P-7 of P-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notarypublic 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, acouracy or validity of that document.
STATE OF CALIFORNIA
County of San Diego
On APR 2 12016 before me, Janice R. Martin _ Notary Public,
Date Insert Name of Notary exactly as It appears on the official seal
personally appeared Lawrence F. McMahon _
—` Name(s) of Signer(s)
6Lffi'<Y
PS.W'dfiSre"IufiClIClrE .A
'OMM (/1986
r-ts16"INa
0
'p 40
TAPY rI)pt![ klrf)hMIA 0
4fii Irr( raUNTY „tea
a a; t7
"it ity a
S.Wtb k'TN``3d' jN
who proved to me on the basis of satisfactory evidence to
be the person(fl whose name(j$h is/#Ito subscribed to the
within instrument and acknowledged to me that heillffi ll%#�l
executed the same in his/ft#fj)Wj$jr authorized capacity(A � ,
and that by his/n,of/ff #signal on the instrument the
personN, or the entity upon behalf of which the personM
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signatures e _.
Place Notary Seal Above Signatureo ola Public Janice R. Martin
OPTION 4L --
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner EI Limited El General
[A Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name: _.
❑ Individual
❑ Corporate Officer --Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
MERcxANTs 1'
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, Individually,
James Baldassare Jr; Lawrence F McMahon
of San Diego and State of California their true and lawful Attorney -In -Fact, with full power
and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such Instrument shall not exceed the amount of:
TWO MILLION ($2,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc„ on October 24, 2011,
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facslmile or electronic transmission to
any Power of Attorney or Cartiflcation thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014.
STATE OF IOWA
COUNTY OF POLK ss,
►G CQh�. MERCHANTS BONDING COMPANY (MUTUAL)
jk PO/j'. q'. MERCHANTS NATIONAL BONDING, INC.
o y
3;
1933 : c,
By �77
.......
"a.President
On this 19th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing Instrument is the Corporate Seals of the Companies; and that the said Instrument was signed and
sealed In behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Molnes, Iowa, the day and year
first-abovewritten: _.... _—......... __._ _........... .. ... _. .. .. ._ _..__ ._
WENDY WOODY
Alon�
Commission Number 7$4654
My Commission Expires
June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certlfy that the above and foregoing Is a truo and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto
this 21st day of April
POA 0014 (7/14) fly"•*
my hand and affixed the seal of the Companies on
Secretary /'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_W10WWCX��
STATE OF CALIFORNIA
County of Orange __�02/ y _
On —7 )b before me, Nick Martin Notary Public
Dae NOL Name and Title of the Officer
personally appeared Michael Martin
Name(s) of Signor(a)
who proved to me on the basis of satisfactory evidence to
be the person(X) whose name() is/94H subscribed to the
. ► within instrument and acknowledged to me that he1NMl5kiy
NICK MARTIN executed the same in his/h MMKauthorized capacity(II&X),
Commission # 9978731 and that by hislMAW signaturet4 on the instrument the
f � Notary public - California z person(W, or the entity upon bePralrf of which the person(%
Orange County r acted, executed the instrument.
My Comm, ^pifee May 27, 2098+ I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand andfflCtial oral.
Signature"`— `._.._.
Place Notary Seal Above Slgnatur of Nntary Public
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:
Document
Signer(s) Other Than Named
Capacity(as) Claimed fay signer(s)
Signer's Name: _
❑ individual
❑ Corporate Officer —Title(a):_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:_____
Signer's Name: _
❑ Individual
❑ Corporate Off icer—Titlo(s);
❑ Partner --- ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other;
Signer Is Representing:
CITY OF SANTA ANA
PROPOSAL
PROJECT NO,: 1.5-6843
SAFE TRANSIT STOPS
LIST OF SUB -CONTRACTORS
Section 41.00 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all
subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ''/a% of the bid or $10,000, whichever is greater
o Buildings, parks, or other projects: ''/z% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State
Department of Industrial Relations (DIR),
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name _ _ Name
License #/Exp. _ License #/Exp.
DIR Reg. #/Exp. DTR. Reg. #/Exp.
Location Location
Phone Phone
Type Of Work Type Of War]<
Amount $ Amount $
Name Name
License #/Exp. License #/.Exp.
DIR Reg. #/Exp. DIR Reg. #/Exp.
License # License #
LocationLocation
Phone Phone
Type Of Work - Type Of Work:
Amount $ Amount $
Name Name
License #/.Exp. License #/Exp.
QlR.Reg. #/Exp. DIR Reg. #/Exp.... _
License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Signatur of Bidder
P-8 of P-1.6
CITY OF SANTA ANA
PROPOSAL,
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER has performed similar work within the past three years.
1. City of Whittier, 13230 Penn Street, Whittier, CA. 90602
Name and Address of Owner.
James Keena - 562-567--9514
Name a11d Telephone Number of person familiar with project.
$702,211 `Transit shelter improvements Dec 2015
Contract Amount _— Type of Work Date Completed
2, Sunline Transit Agency, 32-505 Harry Oliver Trail, Thousand Palms, CA 92276
Name and Address of owner,
Anita Petke - 760-343-3456
Name and Telephone Number of person familiar with project.
$322,928 Transit shelter improvements July 2015
Contract Amoun7 Type of Work Date Completed
3, City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91.776
Name and Address of owner,
Angela Cheng - 626-308-2825 _
Name and Telephone Number of person familiar with project.
$535,705
Contract Amount
Transit shelter improvements
Type of Work
Dec 2014
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.
Ryan Warnock, Alliant, 701 B Street, 61th Floor, San Diego, CA 92101, (619) 899-3937
Doug Krumpols, AVI, 200 S Ola Vista, San Clemente, CA 9202, (949) 940-1856
P-9 of P-16
CITY OF SANTA ANA.
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER or ,subcontractor has performed similar improvement work in the past 5
years.
1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882.
Name and Address of Owner.
Gerardo Sanabria - 951-279-3522
Name and Telephone Number of person familiar with project.KK
$71,222 Transit shelter improvements Deo 2015
Contract Amount Type of Work Date Completed
2. City of Santee, 10601 Magnolia Ave, Santee, CA 92071
Name and Address of owner.
Jeff Mo
Name and
of person
153 Transit shelter improvements _ _ Jan 2015
Contract Amount Type of Work Date Completed
3. Riverside Transit Agency, 1625 Third Street, Riverside, CA 92507
Name and Address of owner. "
Andrew Frost - 951-565-•5210
Name and Telephone Number of person familiar with project.
5199,565 Transit shelter improvements Feb 2014
Contract Amount _ Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all. brokers and sureties frons
whom BIDDER intends to procure insurance and bonds.
P-10 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 1.12 and
Public Contract Code Section 7t06)
in accordance with, Title 23 United States Code Section 112 and Public Contract Code 7106 the
BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER, to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived or agreed with any BIDDER, or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid. price of the
BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal.
on the signature portion thereof shall also constitute signature of this Non -collusion
Affidavit. BIDDERS are cautioned that rnaI ' S a false ertif •atiq 1 may subject the
certifier to criminal prosecution. �� ��
Signed,
State of California
County Of ORANGE
Subscribed and sworn to (or affirmed) before me on this 25thday of April , 2C iG by
Michael Martin , proved to me on the basis of satisfactory evidence to be the
persons) who appeared b ,fore me
Notary Public Signature
NICK MARTIN
Commission # 1978731 a
a:.,e Notary Public - California £
z e' " Orange County
My Comm. Expires May 27, 2018 t
Notary Public Seal
P-11 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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.
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
comminnnents under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
'rhe Contractor shall comply with all provisions of Executive Order 11.246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The Contractor shall furnish all information and reports required by Executive Order 1.1246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation, to ascertain
compliance with such Arles, -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,
ternninated, or suspended in whole or in part and the Contractor :may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as
otherwise provided by law.
P-12 of P-16
CITY OF SANTA ANA
PROPOSAL,
PROJECT NO.: 1.5-6843
SAFE TRANSIT STOPS
The Contractor shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (I) through (7) in every subcontract or purchase order
unless exempted, by rales, 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 worlds viola ing this Section is subject to all the penalties imposed for a
violation of the Cl
��
Title: President
Firm: ND Construction Co., Inc.
Date; 4/26/16
P-13 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
STATEMENT REGARDING APPRENTICESHIP REQUII2EME VL._TS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor
Code regarding employment of apprentices, and understcuids that contractors on contracts
exceeding $30,000 or 20 working days shall:
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 finds 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 CorArni,�,ApprentiVshipfounoil.
Signed:
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-14 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
STATEMENT REGARDING "ANTI-KICKBA.CIC" REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by
these bid documents, agrees to comply with the Copeland "Anti -Kickback" .Act (18 USC 74) as
supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that
each contractor or subcontractor shall be prohibited from inducing, by any means, any person
employed in the construction or repair of public work, to give up any part of the compensation to
which he/she is otherwise entitled.
Signed:
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-15.of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SATE TRANSIT STOPS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
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.
P-16 of P-16
MAYOR
Miguel A. Pulldo
MAYOR PRO TEM
Vincente Sarmiento
COUNCILMEMBERS
Angelica Arnezoua
P. David Ganavid"
Michele Martinez
Noreen Rayne
Sal Tinajoru
April 21, 2016
ADDENDUM No. ONE
E
CITY OF SANTA ANA
PUBLIC WORKS AGENCY M-36
P.O. Box 1988
Santa Ana, California 92702
CITY MANAGER
David Cavazos
Cl l ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Mane D Huizar
The following changes have been made to the specifications of the subject project:
Specifications
1. Appendix 1-1, Scope of Work, Contractor Responsibilities, Bullet Point 4:
Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown
in Appendix E'
2, Appendix H, Concept Drawing Keyed Note #9: Revise note to read as follows:
"LED Strip Lighting: Install minimum one 3'-0" long strip per bay to provide minimum two (2)
footcandle light /eve/ around shelter. This level can be inclusive of existing nearby street
lighting. Light operation will be from dusk until dawn."
3. Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows:
"Solar Panel, to power LED strip fighting. System shall have minimum 5 days autonomy,
Shall be sized for the shortest day of the year, and shall be UL listed."
4, Appendix 1-1, Concept Drawing Keyed Note #14: Append to note the following:
"Lighting for Advertisement Case to be solar powered."
All other terms and conditions remain the same.
FOR THE CITY SANTA ANA
Edwin "William" Galvez
City Engineer
Public Works Agency
CONSTRUCTION
C 0 M P A N Y
2MI F,W'1NS[0N1WAt),SUM NA
ANA11FAM, CA9280f,
949-498- 1799
SEALED BID FOR:
City of Santa Ana
Attn: Public Works Receptionist
Ross Annex, Third Floor
20 Civic Center Plaza, M-22
Santa Ana, CA 92701
CITY OF SANTA ANA Exhibit 3
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
This CONSTRUCTION CONTRACT is made and entered into this 7a` day of June, 2016, 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 "CITY" and ND Construction Company, Inc., hereinafter referred to
as "CONTRACTOR".
WITNESSETH:
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 manner and to
the satisfaction of the City Engineer of the CITY, the 15-6843 Safe Transit Stops Project,
hereinafter referred to as the "Work of Improvement", identified in and in accordance with
the Contract Documents prepared by the City's Public Works Agency and approved by the
City Council.
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
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Project Plans
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the
Work of Improvement the sum total amount not to exceed $1,066,446.00, as set forth and
identified in the BID PROPOSAL, which is attached hereto and incorporated herein as
Exhibit "A". The 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 Work of Improvement within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A")
including commencing construction within the timeframe therein specified after issuance of a
Notice to Proceed.
1 of 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on
the Work of Improvement 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 the 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.
7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the
retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said
Warranty Bond shall also be required as a condition of project acceptance. For projects up to
$500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final
contract price. For projects above $500,000, the Warranty Bond amount shall be the greater
of $100,000 or 10% of the final contract price.
s. 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. //
2of3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the
day and year first above written.
ATTEST:
MARIA D. HUIZAR
Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BY
Sandoval
f Assistant
City ttorney
3 of 3
CITY OF SANTA ANA:
DAVID CAVAZOS
City Manager
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director, Public Works Agency
CONTRACTOR:
ND Construction Company, Inc
Title:
COST ANALYSIS
1200lLX4iiNextal-1:XlPy_1;I=IXIklNkN&Afe mU:16111X911
Construction Contract
$ 1,066,446
Contract Administration
$ 77,621
Inspection and Testing
$82,345
Contingencies
$213,290
TOTAL ESTIMATED CONSTRUCTION COSTS
$ 1,439,702
EXHIBIT 4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
AWARD CONTRACT TO ND
CONSTRUCTION COMPANY, INC. FOR
CONSTRUCTION OF SAFE TRANSIT
STOPS (PROJECT NO. 15-6843)
(STRATEGIC PLAN NO. 6, 1G)
CLERK OF COUNCIL USE ONLY:
App-
commended
ended i
ce on 1 Reading
`e on 2n0 Reading
CO ng Resolution
gearing For
iMBER
CITY MANAGER
RECOMMENDED ACTION
1. Award a contract to ND Construction Company, Inc., the lowest responsible bidder, in
accordance with the base bid plus additive alternates 1 and 2, in the amount of $1,066,446
for the construction of Safe Transit Stops, and authorize the City Manager and Clerk of the
Council to execute contract, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,439,702,
which includes the contract base amount, administration, inspection, testing, and an
authorized contract contingency of 20 percent in the amount of $213,290.
DISCUSSION
The Public Works Agency was successful in obtaining a grant from the Orange County
Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program -
Project W Program. This grant funds bus passenger amenities at the 100 busiest bus stops in
Orange County. The funding approved for Santa Ana is for 29 OCTA -identified locations that do
not currently have bus shelters (Exhibit 1). In addition to constructing bus shelters at these
locations, grant funds will also cover the cost of shelter lighting, benches, trash receptacles, and
related concrete repairs. OCTA requires award of a construction contract by June 30, 2016.
Two concepts were presented to and approved by the Development and Transportation Council
Committee on February 11, 2016. The first concept will serve as the prototype for the majority of
installations, while the second will offer a more distinctive look, and are to be installed at four to
five high visibility locations.
Contract Award For Construction of
Safe Transit Stops
June 7, 2016
Page 2
A Notice Inviting Bids was advertised on April 11 and 18, 2016 and bids were opened on April 27,
2016. The following is a summary of the bid invitations made and the bids received:
Contractor Participation Data
Santa Ana contractors receiving notices
10
Contractors re uestinc�biddiing documents__
12
Bids received_
5
Bids received from Santa Ana contractors
0
Bid Results Summary
RANK
BIDDER'S NAME
LOCATION
BASE BID AMT
1
ND Construction Company
Anaheim
$738,086.00
2
Fast -Track Const. Corp.
Culver City
$774,644.00
3
Humphrey Constructors
Diamond Bar
$863,000.00
4
Lehman Construction, Inc.
Tustin
$885,884.00
Five bids were received and four were considered responsive, with ND Construction submitting
the lowest responsive bid (Exhibit 2). Based on the bids received, staff recommends award of
this contract to ND Construction (Exhibit 3).
The estimated total delivery cost of this project is $1,439,702.00 which is based on the base bid,
additive alternates 1 and 2, and other costs detailed in the project cost analysis (Exhibit 4). The
$687,519 grant will be supplemented with $200,000 of City General Funds and $552,183 of
Peebler Capital Projects fund.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the
Infrastructure, Objective #1 (establish
assets), Strategy G (develop and
coordination with the Community
improvements, etc.).
ENVIRONMENTAL IMPACT
City's efforts to meet Goal #6 Community Facilities &
and maintain a Community Investment Plan for all City
implement the City's Capital Improvement Program in
Investment Plan (e.g., neighborhood streets, traffic
In accordance with the California Environmental Quality Act, the recommended actions are
exempt from further review. Categorical Exemption Environmental Review No. 2016-55 was filed
for this project.
Contract Award For Construction of
Safe Transit Stops
June 7, 2016
Page 3
FISCAL IMPACT
The Safe Traffic Stops project was approved in the FY 2014-2015 CIP. Funding in the amount of
$687,519 is available in the Measure M2 Street Construction Fund (Account No. 03217663-
66220), $200,000 in the General Fund (Account No. 01117620-66220) and $552,183 in the
Peebler Fund Capital Projects (Account No. 4181830-66220).
Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to
change. Any unspent encumbered balance will be carried forward into subsequent fiscal years
as needed to fulfill the contract obligations.
Contract Period
Project No._
Account No.
Amount
FY 2015-16 (June)
15-6843
03217663-66220
$44,375.00
FY 2016-17 (July -June)
15-6843
03217663-66220
$643,144.00
FY 2016-17 (July -June)
15-6843
01117620-66220
$200,000.00
FY 2016-17 (July -June)
15-6843
41818830-66220
$552,183.00
TOTAL:
$1,439,702.00
ExeWtive Director
Public Works Agency
Robert Cortez
Special Assistant to the City Manager
City Manager's Office
FM/EWG/TC/MO
Exhibits: 1. Location Map & Design Concepts
2. Bid
3. Construction Contract
4. Cost Analysis
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director Q®
Finance & Management Services Agency
THE REGISTER
625 N GRAND AVE, SANTA ANA, CA 92701
Telephone (714) 796-7000 / Fax (714) 796-6059
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of ORANGE ) ss
Notice Type: BID - NOTICE INVITING BIDS
Ad Description:
Safe Transit Stops
CNS#: 2867310
NOTICE INVITING BIBS'
Ana; Ua11t0ln1a&X7U1tor
PROJECT NO. 15-6843
Safe Transit Stops:
Scope 1 of work Includes
Dealgn-Build new bus shelter
structures:
Phil to bid opening. Bidders
must -possess or obtain a.
Valid California Class "B"
Contractors license:
- -
I am a citizen of the United States and a resident of the State of California; I am
availability of CDs
over the age of eighteen years, and not a party to or interested in the above
This project is subsea to
and
entitled matter. I am the principal clerk of the printer and publisher of the THE
compliance monporing
REGISTER, a newspaper published in the English language in the city of
Californnforceaent Depertrne t Stateof
to
SANTA ANA, count of ORANGE, and adjudged a newspaper of general
Y 1 99
dustnal', Relations, per Sec..
tion 1771.4 a.i A Contractor.
circulation as defined by the laws of the State of California by the Superior
or subcontractor must. 6e
Court of the County of ORANGE, State of California, under date 11/19/1905,
pn-
a
mens. m>registeredliiwith the 6edustriat Relations
Case No. A21046. That the notice, of which the annexed is a printed copy, has
ph.r to submitting abid.
been published in each regular and entire issue of said newspaper and not in
in accordance with theErovl-
any supplement thereof on the following dates, to -wit:
Bions: of the: California labor
Code, prevailing. wage rates
4/11p, 4118/16
04/11/2016, 04/18/2016
Executed on, 04/18/2016
At SANTA ANA ,CA
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
oiyiiawie
III I II II II II II I I II I I II II I I I I II
* A 0 0 0 0 0 4 0 6 3 7 4 4
This space for filing stamp only
MAYOR
Vlncente Sarmiento
Mayor Pro Tem, Ward?
VEarn to s to-aneor
CITY MANAGER
Miguel A.PulidoDavid
.
Cavazos
MAYOR PRO TEM
_
CITYATTORNEY
Vicente Sermlento
Sonia R. Carvalho
COUNCIL MEMBERS
CLERK OF THE COUNCIL
Angelica Amezoua
Marla D. Hulzar
P. David Benevides
Michele Martinez
Roman A, Rayne
Sal TInaJerd
CITY OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza (M-20)
P.O. BOX 1988 • Santa Ana, California 92702
(714) 667-2700 • Fax (714) 978-1461
vmm.santa-ana.org
NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act (CEQA)
Fee Exemption per California Government Code Section 6103
To: COUNTY CLERK From City of Santa Ana
County of Orange. Planning & Building Agency
P.O. Box 238 20 Civic Center Plaza M-20
Santa Ana, CA 92702, Santa Ana, CA 92702
Project Title: Safe Transit Stops Date of Approval: 08/07/2016
Project Number(s): PWA-2016-492-CIP
Project Location: 1 CityWide (Partial)
City: Santa Ana County: Orange ER Number: ER -2016-55
Project Description: Installation of twenty nine new bus shelters citywide.
Applicant Name: Suzi Furjanic, Santa Ana Public Works Agency
Applicant Address: City of Santa Ana: 20 Civic Center Plaza M-36
SANTA ANA, CA 92701
Name of Public Agency Approving Project: City Council
Name of Person or Agency Carrying Out Project: Furjanic, Suzi
Exempt Status:
❑ Ministerial (Sec. 15268)
❑ Declared Emergency (Sec. 15269 (a))
❑ Emergency Project (Sec. 15269 (b through e))
❑ General Rule (Sec. 15061(b)(3)/(5))
❑ Statutory Exemption:
0 Categorical Exemption: 15301 (c)
Reason(s) Why Project is Exempt From CEQA:
This project is an improvement to existing public facility and will not increase capacity.
City Contact: Suzi Furjanic Telephone: (714) 571-4241 t
Signature: �� Title: AAAfto Date: " 7 • ��
SANTA ANA CITY COUNCIL
Miguel A. Pulldo
Mayor
MPulidormsanla-angora
Vlncente Sarmiento
Mayor Pro Tem, Ward?
VEarn to s to-aneor
Michele Martinez , Angellca Amezcua
Ward 1 Ward
Martine Q&anla-angora AAmezcua(&Santa-anaomiDaenavldes(aganta-angora
R David Senavides
Ward
I
Roman Reyna
Ward
RASyna/@santa-ana oral
Sal Tha)ero
Ward
sat -
�� CITY OF SANTA ANA
C6v ' 2 2 2016 CONSTRUCTION CONTRACT AGREEMENT
O: PWA() PROJECT NO.: 15-6843
mm da" SAFE TRANSIT STOPS
This CONSTRUCTION CONTRACT is made and entered into this 7'h day of June, 2016, 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 "CITY" and ND Construction Company, Inc., hereinafter referred to
as "CONTRACTOR".
WITNESSETH:
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 manner and to
the satisfaction of the City Engineer of the CITY, the 15-6843 Safe Transit Stops Project,
hereinafter referred to as the "Work of Improvement", identified in and in accordance with
the Contract Documents prepared by the City's Public Works Agency and approved by the
City Council.
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
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Project Plans
• Appendices
In case of conflict between the Contract Docrunents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the
Work of Improvement the sum total amount not to exceed $1,066,446.00, as set forth and
identified in the BID PROPOSAL, which is attached hereto and incorporated herein as
Exhibit "A". The 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 Work of Improvement within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A")
including commencing construction within the timeframe therein specified after issuance of a
Notice to Proceed.
1 of 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on
the Work of hrrprovement 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 the 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.
7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the
retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said
Warranty Bond shall also be required as a condition of project acceptance. For projects up to
$500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final
contract price. For projects above $500,000, the Warranty Bond amount shall be the greater
of $100,000 or 10% of the final contract price.
s. 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. u
H
2 of 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the
day and year first above written.
ATTEST:
MARIA D. HIJIZAR
Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
IiY
s Sandoval
ief Assistant City Attorney
CITY OF SANTA ANA:
DAVID CAVAZOS
City Manager
RECOMMENDED FOR APPROVAL:
3 of 3
Director, Public Works Agency
CONTRACTOR:
ND Constructio o )any, In
By:� _
Title:_
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: ND Construction Co., Inc.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed work, that:
they have examined the Contract Documents in 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:
BASE BID:
Item
Description
Qty
Unit
Unit Price
Amount
1
New Single Bus Shelter
40
EA
$16
$ D
r
2
New PCC Concrete Replacement
1,400*
SF
$
$ (ar
3
New PCC Curb Ramp Replacement
1.2
EA
$ rr 6W1.60
$
197A
4
New Tree
4
EA
$3�
$
(ry^�
-Vp
TOTAL BASE BID
/
$ -7 781 � 0, Cl,)
ADD ALTERNATE BID 1 :
5
1 New Solar Panel Systems
40*
EA1
g 5
$g 9
TOTAL ADD ALTERNATE BID 1
q�
$97, 7W • 00
ADD ALTERNATE BID 2:
6
NewAdvertisementCase
29*
EA
$
TOTAL ADD ALTERNATE BID 2
$
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
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
P-1 of P-16
CTTY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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.
TOTAL BASE BID
$ 7 �9 0M.60
TOTAL ADD ALTERNATE BID 1
$ 97,460-00
TOTAL ADD ALTERNATE BID 2
$0q 4- b, Icy a
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within one -hundred twenty(120 working days after the commencement date
stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $573 per calendar day.
Name of Firm
ND Construction Co., Inc.
Signature of BIDDER
Title president
(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)
�1`0(A4( f r, y 6ecU�'�`��
P-2 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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 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. The
BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.1.5 of the California Business and Professions Code, the
undersigned certifies under penalty of perjury that the foregoing is true and correct.
Name of Flrnr ND Construction Co., Inc.
Signature of BIDDER
Title President
(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.)
P-3 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares tinder 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: ND Construction Co., Inc.
Business Address: 2201 E Winston Rd, Suite M, Anaheim, CA 92806
Business E -Mail Address: info@ndcompanies.com
Telephone: 949-498-1799
Stare Contractor's License No. and Class: 779970 - A, B, C10, C46
License Expiration Date:
6/30/2016
State Dept. of Industrial Relations (DIR)
Registration No.:
State Dept. of htdustrial Relations (DIR)
Registration Expiration Date:
Signed: � ✓��__'--",-_
Title: President.
1000004666
/30/2016
P-4 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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 of Firm
Signature of 13I1
Title president
(if an individual, so state)
P-5 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF SANTA ANA )
Michael Martin , being duly sworn, deposes and says:
❑ INDIVIDUAL That he/she is the party making the foregoing proposal:
❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as:
and who has been and is duly vested with the authority to make and execute instruments
for the co -partnership by:
who constitute the other members of the co -partnership.
X❑ CORPORATION That he is of:
a corporation which is making the foregoing proposal:
❑ ,IOINT VENTURE That he is of
one of the parties making the foregoing proposal as a joint venture, and the he/she has
been and is duly 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
collusion to secure any advantage against the City of Santa Ana or any person interested in the
—proposed con act, hirn � ]for an they erson.
Signatur of Bidder
Subscribed ip�d sw it before me this 26th day of April 20 16
Signature of officer Administering Oath (Notary Public)
pMARTIN
NICK
Commission # 1978731
u e' a
Notary Public - California z
z"
Orange County
My Comm. Expires May 27, 2018+
P-6 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
KNOW ALL PRESENT that,
ND Construction Company, Inc. as BIDDER, and
Merchants Bonding Company (Mutual) as SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _
Ten Percent of Bid Amount Dollars ($ 10% of 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
21st day of April 2016 .
BIDDER*
SURETY*
Merchants Bond Company (Mutual). 6700 Westown Parkway. Des Moines. IA 40266-7754. T:800-678-8171
F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA 92101 619-238-1828
and sworn to before me this day of
20_
Please see attached California All -Purpose Acknowledgment
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.
P-7 of P-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
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 San Diego
On APR 112016 before me, Janice R. Martin , Notary Public,
Date Insert Name of Notary exactlyas it appears on the official seal
personally appeared Lawrence F. McMahon
Name(s) of Signer(s)
IANIOf R MARTIN
COMM ff1986564 n
:a �,� Nnrpav Farrar-cALiFOANIA �
� d�ti��� �Ar� 61rr n rouNty n
��,z,� P9y t�omnn jinn Gx iree
n.
tULl a� �P1�
who proved to me on the basis of satisfactory evidence to
be the person(Q whose narrI is/#'t# subscribed to the
within instrument and acknowledged to me that he/ftlYY oy
executed the same in hisftfI,f fflj authorized capacity(,ft,
and that by his/h&j#/y #signatureNh on the instrument the
personN, or the entity upon behalf of which the personQM
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal,
Signature
Place Notary Seal Above Signature C7
Public Janice R. Martin
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
0
Corporate Officer —Title(s):
Partner ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
MERCHANTS
BONDING COMPANY,M
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
James Baldassare Jr; Lawrence F McMahon
of San Diego and State of California their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWO MILLION ($2,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13lhday of August , 2014 .
STATE OF IOWA
COUNTY OF POLK as.
\NG COgjo
00��(\POg9�gy� e
e y, 1933 ;•y
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
8y
(/ President
On this 13thday of August , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
P"4 WENDY WOODY
z .ao v
Commission Number 7846540
Pres
My Commission Expires
o P June 20, 2017
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
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 still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 21st dayof April , 2016
....... oil -• - �'-
POA 0014 (7/14)
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Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange / /
On �� - 7/ 1b before me, Nick Martin Notary Public
Do a Here Insert Name and Title of the Officer
personally appeared Michael Martin
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:
Document
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s)__
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name(A) is/AtX subscribed to the
r
within instrument and acknowledged to me that he/ V49
�! NICK MARTIN
executed the same in his/hAMNI(authorized capacity(M),
Commission # 1978731
and that by his/Vfl�if'kkf signature(A on the instrument the
r Notary public - California z
person(), or the entity upon behalf of which the person(s)
Orange County >
My
acted, executed the instrument.
Comm. E�xpgi�e�a May p7 2018+
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand andffi ' al.
Signature
Place Notary Seal Above
_
Signatur of Notary Public
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:
Document
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s)__
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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:
o Streets, highways including bridge projects: Ya% of the bid or $10,000, whichever is greater
o Buildings, parks, or other projects: %z% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State
Department of Industrial Relations (DIR).
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name
License ft/Exp.
DIR Reg. #/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Naive
License #/Exp.
DIR Reg. #/Exp.
License #
Location
Phone
Type Of Work
Amount $
Signatur of Bidder
Name
License #/Exp. _
DIR Reg. 4/Exp.
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg. 4/Exp.
License #
Location
Phone
Type Of Work
Amount $
Name
License #/Exp.
DIR Reg.#/Exp.
License # _
Location _
Phone
Type Of Work
Amount $
P-8 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER has performed similar work within the past three years.
City of Whittier, 13230 Penn Street, Whittier, CA 90602
Name and Address of Owner.
James Keena - 562-567-9514
Name and Telephone Number of person familiar with project.
$702,211 Transit shelter improvements Dec 2015
Contract Amount Type of Work Date Completed
2, Sunline Transit Agency, 32-505 Harry Oliver Trail, Thousand Palms, CA 92276
Name and Address of owner.
Anita Petke - 760-343-3456
Name and Telephone Number of person familiar with project.
$322,928 Transit shelter improvements July 2015
Contract Amount Type of Work Date Completed
3. City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91776
Name and Address of owner.
Angela Cheng - 626-308-2825
Name and Telephone Number of person familiar with project.
$535,705
Contract Amount
Transit shelter improvements
Type of Work
Dec 2014
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.
Ryan Warnock, Alliant, 701 B Street, 6th Floor, San Diego, CA 92101, (619) 849-3937
Doug Krumpols, AVI, 200 S Ola Vista, San Clemente, CA 92672, (949) 940-1856
P-9 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for
which the BIDDER or Subcontractor has performed similar improvement work in the past 5
years.
City of Corona, 400 S. Vicentia Ave, Corona, CA 92882
Name and Address of Owner.
Gerardo Sanabria -- 951-279-3522
Name and Telephone Number of person familiar with project.
$71,222 Transit shelter improvements Dec 2015
Contract Amount
Type of Work
2, City of Santee, 10601. Magnolia Ave, Santee, CA 92071
Name and Address of owner.
Jeff Morgan - 619-258-4100
Name and Telephone Number of person familiar with project.
$136 153
Contract Amount
3. Riverside Transit Agenc
Name and Address of owner.
Date Completed
Transit shelter improvements Jan 2015
Type of Work Date Completed
1825 Third Street, Riverside, CA 92507
Andrew Frost - 951-565-5210
Name and Telephone Nwnber of person familiar with project.
$194,565 Transit shelter improvements
Contract Amount Type of Work
Feb 2014
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.
P-10 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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
arid not collusive or share; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Non -collusion
Affidavit. BIDDERS are cautioned that making �alse�certifjcatiq�tr may subject the
certifier to criminal prosecution. /� // � ��
Signed
State of California
County of_ PANGE
Subscribed and sworn to (or affirmed) before me on this 26th day of April 20 iy by
Michael Martin proved to me on the basis of satisfactory evidence to be the
person(s) who appeared b fore me NICK MARTIN
Commission # 1978731
Notary Public - California z
z Orange County s
My Comm. Expires May 27, 2018+
Notary Public Signature Notary Public Seal
P-11 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as
otherwise provided by law.
P-12 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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.
S. 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/
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-13 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
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:
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 tc?,,the C�Orni,4,ApprentiVship/¢ouncil.
Signed:
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-14 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by
these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as
supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that
each contractor or subcontractor shall be prohibited from inducing, by any means, any person
employed in the construction or repair of public work, to give up any part of the compensation to
which he/she is otherwise entitled. A /7 / If
Signed:
Title: President
Firm: ND Construction Co., Inc.
Date: 4/26/16
P-15 ofP-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 15-6843
SAFE TRANSIT STOPS
PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE
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.
P-16 of P-16
MAYOR
Miguel A. Puliclo
MAYOR PRO TEM
Vincente Sarmiento
COUNCILMEMBERS
Angelica Amezcua
P. David Benavides
Michele Martinez
Roman Reyna
Sal Tinaiero
April 21, 2016
CITY O1= SANTA ANA
PUBLIC WORKS AGENCY M-36
P.O. Box '1988
Santa Ana, California 92702
SUBJECT: PROJECT No. 15-6843: SAFE TRANSIT STOPS
CITY MANAGER
David Cavazos
CITY ATTORNEY
Sonia R. Carvalho
CLERIC OF THE COUNCIL
Maria D. Holzer
The following changes have been made to the specifications of the subject project:
Specifications
1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4:
Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown
in Appendix E"
2. Appendix H, Concept Drawing Keyed Note #9: Revise note to read as follows:
"LED Strip Lighting: Install minimum one 3'-0" long strip per bay to provide minimum two (2)
footcandle light level around shelter. This level can be inclusive of existing nearby street
lighting. Light operation will be from dusk until dawn."
3. Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows:
"Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy,
shall be sized for the shortest day of the year, and shall be UL listed."
4. Appendix H, Concept Drawing Keyed Note #14: Append to note the following:
"Lighting for Advertisement Case to be solar powered."
All other terms and conditions remain the same,
FOR THE CITY VP SANTA ANA
Edwin "William" Galvez
City Engineer
Public Works Agency
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