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Home My WebLink About23C - CHANNEL IMPROVREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY IN THE AMOUNT OF $843,301 FOR THE ALTON AVENUE REHABILITATION AND D-03 CHANNEL IMPROVEMENTS AT ALTON AVENUE REPAIR PROJECTS ESTIMATED DELIVERY COST: $1,033,360 (PROJECT NOS.19-6941, 19-6617) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1B; 1C; 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CI MANAGER RECOMMENDED ACTION 1. Award a construction contract to R.J. Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $843,301, for construction of the Alton Avenue Rehabilitation from Raitt Street to Bristol Street Project and the D-03 Channel Improvements Project at Alton Avenue, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,033,360, which includes $843,301 for construction contract, $105,789 for contract administration, inspection and testing, and a $84,270 project contingency (approximately 10% of the construction contract amount), paid with Highway Users Tax Account -Road Maintenance and Rehabilitation funds and Public Works Storm Drain Construction funds. The budget is sufficient to cover the contract. DISCUSSION The City's Pavement Management Program identified Alton Avenue from Raitt Street to Bristol Street as high priority for street rehabilitation and for repair of damaged grate inlets at the D-03 Channel (Exhibit 1). The pavement and grate inlets have deteriorated due to weather, age, and wear -and -tear from heavy vehicles. In addition, the poor drainage problem can lead to road damage. 23C-1 Award Contract to R.J. Noble Company for Alton Avenue Rehabilitation and Alton Drainage Repair Projects August 20, 2019 Page 2 The proposed improvements include the removal and replacement of failed asphalt pavement; removal and installation of expanded drainage inlet; replacement of damaged concrete curb, gutters, sidewalks, and curb ramps; and installation of traffic loops, traffic striping, and pavement markings. Once completed, these improvements will enhance the ride quality, drainage capacity, visual appearance of the street, and will comply with Americans with Disabilities (ADA) standards. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register on July 3 and 10, 2019, and bids were received electronically via. the City's web -based electronic bidding system, PlanetBids, on July 25, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 341 vendors, including 15 located in the City of Santa Ana, were notified of the project via PlanetBids. 42 vendors requested bidding documents and 4 bids were received. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 R.J. Noble Company Orange $843,301 2 All American Asphalt Corona $853,873 3 Excel Paving Co Long Beach $897,565 4 Aid Builders Inc. Los Alamitos $911,250 All 4 bids received were deemed responsive. R.J. Noble Company submitted the lowest responsive bid in the amount of $843,301 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to R.J. Noble Company, in the amount bid (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, 23C-2 Award Contract to R.J. Noble Company for Alton Avenue Rehabilitation and Alton Drainage Repair Projects August 20, 2019 Page 3 workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,033,360. Construction Contract $843,301 Construction Administration, Inspection and Testing $105,789 Contingencies $84,270 ESTIMATED CONSTRUCTION DELIVERY COST $1,033,360 Project funds will cover all staffing costs for delivery of this capital project. No additional funding will be used. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment 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. ER-2019-61 and ER-2019-64 were filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,033,360, which includes construction, contract administration, inspection, testing, design engineering, and an authorized contingency of $84,270. The following table summarizes the funds available and funds budgeted in the Fiscal Year 2019-20 Capital Improvement Program to deliver construction of this project: 23C-3 Award Contract to R.J. Noble Company for Alton Avenue Rehabilitation and Alton Drainage Repair Projects August 20, 2019 Page 4 Accounting Unit— Fund Accounting Unit - Fiscal Year Account No. Description Account No. Amount Project No.)Description HUTA Gas Tax- $958,000 FY 2019-20 05917665-66220 Select Street RMRA— July-June (19-6941) Construction Improvements Other Than Building Public Works -Storm $75,360 FY 2019-20 22317660-66220 Local Drainage Drain Construction — July -June (19-6617) Area III Improvements Other Than Building $1,033,360 Funds are scheduled.for expenditure in Fiscal Year 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: ltt�:� Fuad S. Siss, PE, PLS Kathryn Dowhs, CPA Executive q1rector Executive Director a� Public Worl# Agency Finance and Management Services Agency FSS/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 23C-4 Exhibit 1 SMTA ANA Project Nos. 19-6941 & 19-6617: PWA ALTON REHABILITATION FROM RAITT TO BRISTOL & ALTON DRAINAGE NSUCM10USA` G" I REPAIR AT D-03 CHANNEL 23C-5 23C-6 City of Santa Ana ALTON REHABILITATION FROM RAITT TO BRISTOL & ALTON DRAINAGE REPAIR AT D-03 CHANNEL (19.6941 & Bid Results Bidder Details Vendor Name R.J. Noble Company Address 15505 E. Lincoln Ave Orange, CA 92805 United States Respondee Jennifer De longh Respondee Title Contract Administrator Phone 714-637-1550 Ext. 311 Email Jennlferdelongh@yahoo.corn Vendor Type License# 782908 CA DIR Bid Detail Old Format Electronic Submitted July 25, 2019 1:57:07 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 185831 Ranking 0 Respondee Comment Buyer Comment Attachments File Title GENERALATTACHMENT Ownership Affidavit Alton Alton Bid Bond Non Collusion Affidavit Line Items Typo Item Code Base Sid Items 1 Unclassified Excavation' 2 AC Pavemenr File Name ALTON REHAB GEN DOCS07252019135513.pdf 19-6941 Alton Ownership Affidavit 7-25- 1907162019143320.pdf . 19.6941 Alton Bid Bond 7-25.1907162019143404.pdf 19-6941 Alton Non Collusion Affidavit 7.25- 1907162019143451.pdf UOM Oty Unit Price CY TN Exhibit-2 Page 1 Printed 0712512019 File Type General Attachment Ownership Affidavit (Notary Public)- RED Original Hard Copy Submittal In Addl0on Bid Band Guaranty (Notary Public) - RED Original Hard Copy Submgtal In Addition Nan -Collusion Affidavit (Notary Public) - RED Original Hard Copy Submittal In Addition Line Total Comment 900 $128.00 $113,400.00 1300 $95.00 $123,600.00 City of Santa Ana Page 2 ALTON REHABILITATION FROM RAITT TO B RISTOL & ALTON DRAINAGE REPAIR AT D-03 CHANNEL (19-6941 & Printed 0V2=19 Bid Resufts Typo Item Code UoM oty Unit Prim Line Total Comment 3 Asphalt Rubber Hot Mix" TN 1920 . ... $86.00 $163.200.00 4 ARAM. .. .... ...... .... SY ... ... 10800 $7.00 $117.000.00 5 Crack Seal* ........... . GAL 3W $48.00 $16,800.00 6 Cold Milling (3"-4")* SF 136000 ............. $0.28 $38.080.00 ... .. .. 7 PCC Sidewalk (41 . SF 3100 $5.25 $16,275.00 a PCC Driveway Approach (Commercial = 8') SF 400 $9.00 $3.600.00 9 PCC Curb Ramp ....... .. . SF 1500 $12.00 $18,000.00 10 PCC Curb and Gutter (Type A-2-8) .. . ... ........ .... ... . LF 580 $30.00 $16,800.00 11 Root Shave EA 4 $300.00 $1,200.00 12 Adjust Water Valve Frame and Cover to Finished Grade EA 11 $1,300.00 $14,300.00 13 Adjust Sawerand Drainage Manhole to Finished Grade EA a $1.300.00 $3,900.00 14 Fumish and Install Now 46 Pullbox ........ ... EA 14 $900.00 $12,600.00 15 Furnish and Install New 46 Pullbox Tragic Rated EA 2 $1.000.00 $2,000.00 16 Furnish and Install Traffic Loops Type E EA 30 $225.011 $6,750.00 17 Temporary Construction Sign .. ... ... .. .. EA 2 $525.00 $1.050.00 18 Project Advertisement Sign EA 2 $800.00 $1,600.00 PlanotBids Inc 23C-8 City of Santa Ana Page 3 ALTON REHABILITATION FROM RAITT TO BRISTOL & ALTON DRAINAGE REPAIR AT D-03 CHANNEL (I M941 & Pmled 0712512019 Bid Results Type Item Code u0M 0tv Unit Price Line Total Comment 19 Labor Agreement Overelght LS 1 $15,000.00 $15,000.00 20 Signing and Stdping t LS 1 $120,000.00 $120,000.00 21 Structure Concrete CY 6 $4,200.00 $26,200.00 22 Bar Reinforcing Steel LB 375 $5.25 $1.968.75 23 Grating and Frame EA 4 $850.00 $3,400.00 24 Miscellaneous Metal. LB 250 $3.16 $787.60 25 1-Sack Slurry CY 6 $216.00 $1.290.00 26 Orange County Permit Requirements LB 1 $5,000.00 $5,000.00 Subtotal $843,301.25 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 27 ' = The quantity for this bid Rom Is shown for bid comparison only. This bid Item shall not be subject to the °250/swlimit as stated In Section 3.2 of the Standard SpeclBcallons. Thls bid Rem shall not be subject to the "25%e Ilmft as stated In Section 3-2 of the Standard SpeclBcaUens. The actual amount for this Item will be dictated by the actual quantitly used, and the Agency reserves the right to Increase a decrease the quantity of this Item accordingly. ea 0 0 0 28 t = This bid Item Is considered a Specialty Item per Section 23.2 of the Standard SpeclBcatlons. as 0 0 . a . Subtotal 0 Total $843,301.25 PIP V In9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY 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: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 900 CY S S 2 ACPavemenf" 1,300 TN $ S 3 Asphalt Rubber Hot Mix* 1,920 TN S S 4 ARAM* 16,800 SY S S 5 Crack Seal* 350 GAL $ S 6 Cold Milling (3"-4")' 136,000 SF S S 7 PCC Sidewalk (4") 3,100 SF S S 8 PCC Driveway Approach (Commercial = 8") 400 SF $ $ 9 PCC Curb Ramp 1,500 SF S S 10 PCC Curb and Gutter (Type A-2-8) 560 LF S S I Root Shave 4 EA S S 12 Adjust Water Valve Frame and Cover to Finished Grade 11 EA S s 13 Adjust Sewer and Drainage Manhole to Finished Grade 3 EA S S 14 Furnish and Install New N6 Pullbox 14 EA S S P-1 ofP-17 23C-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL Item Description Qty Unit Unit Price Amount 15 Furnish and Install New 96 Pullbox Traffic Rated 2 EA $ $ 16 Furnish and Install Traffic Loops Type E t 30 EA $ $ 17 Temporary Construction Sign 2 EA S $ 18 Project Advertisement Sign 2 EA $ S 19 Labor Agreement Oversight I LS $15,000 $ 15,000 20 Signing and Striping t 1 LS S $ 21 Structure Concrete 6 CY $ S 22 Bar Reinforcing Steel 375 LB $ S 23 Grating and Frame 4 EA $ $ 24 Miscellaneous Metal• 250 LB S S 25 1-Sack Slurry 6 CY S $ 26 Orange County Permit Requirements I LS $ $ P-2 of P-17 23C-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL TOTAL BASE BID S 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-altemate 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 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. 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 forty (40) 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 $3,200 per calendar day. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER Title STEVE MENDOZA, SEC TARY (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-17 23C-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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 R.J. NOBLE COMPANY Signature of BIDDER x Title STEVE MENDOZA, SECRETARY (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-4 of P-17 23C-13 e R.J. N O ff "o Company4 ASPHALT PAVING - ENGINEERING CONTRACTORS LIC. A-782908 R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 15505 E. LINCOLN AVENUE ORANGE, CA 92865 CORPORATE OFFICERS: MICHAEL J. CARVER, PRESIDENT CRAIG PORTER, SENIOR VICE PRESIDENT AUSTIN CARVER, VICE PRESIDENT OF OPERATIONS KASONDRA GONZALEZ, VICE PRESIDENT OF MARKETING STEVE MENDOZA, SECRETARY JAMES N. DUCOTE, TREASURER JACOB BREEDLOVE, ASSISTANT SECRETARY ORANGE: 15505 E. LINCOLN AVE • P.O.BOX 620 - ORANGE, CALIFORNIA 92856-6620 • (714) 637-1550 • FAX (714) 921-3347 23C-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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: R.J. NOBLE COMPANY Business Address: P.O. BOX 620., ORANGE, CA 92856 Business E-Mail Address: stevemendoza@rjnoblecompany.com Telephone: 714-637-1550 State Contractor's License No. and Class: 782908 CLASS A & C-12 License Expiration Date: 08/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: X Title: STEVE SECRETARY 1000004235 06/30/2022 P-5 ofP-17 23C-15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL EVA_ILING 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 $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER _X � Title STEVE MENDOZA, SECRERTARY (if an individual, so P-6 of P-17 23C-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-694I: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) STEV E MENDOZA , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the parry making the foregoing proposal: []PARTNERSHIP That he/she is a member of the copartnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. [$CORPORATION That he/she is of. SECRETARY OF R 1 NOBLE COMPANY a corporation which is making the foregoing proposal: ❑ )DINT VENTURE That he/she is oL• one of the parties making the foregoing proposal as a joint venture, and the he/she hasbeen and is duly vested with the authority to execute instruments for anon 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 contract, for himself/herself or any other person. x M*4,,`_ Signature of idder STEVE MENDOZA. SECRERTRARY Subscribed andswom to IS fore me this 25TH day of JULY 2019. Signature o£offrc,`er',Administering Oath (Notary Public) J. DE IONOH J. DE IONGH �I / g Coma Uelon 0 212050/l Notary Pulft - Ctlnomla i crop county Caron E dm Oc12g, 2019 r P-7 of P-17 23C-17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ®!! ram® A notary public or other officercompleling 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 l Countyof QRANrF 1 On 07/25/19 before me, J. DE IONGH, NOTARY PUBLIC Date STEVE MENDOZA Here Insert Nome and Title of t e officer personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(:) is/are subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hedtheir authorized capacity(ies), and that by his/haditheir signature(:) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Agmthl' J. BE IONGH ComrnllllMn • 2128504 i HMttry PuM • Cldmornia i = Oraml County Comm. E m Oct 28. 20191 Place Notary Seal and/or Stamp Above 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 official seal. Signature OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): O Partner— O Limited O General O Individual o Attorney in Fact D Trustee o Guardian or Conservator O Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): O Partner— O Limited ❑ General O Individual O Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer is Representing: r rioga+.�r3rxarsee.�w*na�c�ac;�a 02018 National Notary Association 23C-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RA1TT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL KNOW ALL PRESENT that, R.J. NOBLE COMPANY , as BIDDER, and Western Surety Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ ten percent of amount hid Dollars ($ 10% ), which is ten percent (109/6) 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 11th day of July , 2019. R. J. NOBLE COMPANY, 15505 E. Lincoln Avenue, Orange, Ca 92865 714.637-1550 BIDDER* SURETY* Westem Subscribed Signature: JLLKL.IAKY sworn to before me , 20_ 2020 Main Street, Suite Notary Public in and for the County of CA 92614 this day of State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-17 23C-19 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 51189 ee®iiiiei A notary public or other officer completing this certificate verifies onlythe 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 Countyof nRANrF On 07/12/19 before me, J. DE IONGH, NOTARY PUBLIC Date STEVE MENDOZA Here Insert Name and Title of the Officer personalty appeared Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshekhey, executed the same in his/her/Meir authorized capacity(ies), and that by his/hadtheir signalure(y on the instrument the personts), or the entity upon behalf of which the persons) acted, executed the instrument J. DE IONGH Commission 121255Ga G, .`.0, 0 Notary Public - Cahtornia i Orange County My Comm. Expires Oct 28, 2019 Place Notary Seat and or Stamp Above 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 OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — O Limited ❑ General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): O Partner — 0 Limited ❑ General O Individual O Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: r 02018 National Notary Association 23C-20 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Orange Countyof 1 On JUL 1 1 2019 before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personalty appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) isfaet subscribed to the within instrument and acknowledged to me that he/sue" executed the same in hislkeNJtrek authorized capac'dy(les), and that by his/kM#thek signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. 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. Notary P EA. FEDORUN Orange County L Commission 0 2225042 My Comm. Expires Apr 14, 2022 Signature (Seal) 23C-21 POWER OF ATTORNEY APPOINTING DMIVIDUAL ATTORNEY IN -FACT Yaow All My ByTbmFnNadti TIN WESTERN SURMCOIPANY, a SoothDdmta co pocalot, is ad* ownbcd ad mtistbg cospadlou hiftifpamdipd otdmin The Citydsiaa F"and Setedsmd Dam andtbtRdmabyvit edthai =madwdffidaa>s$dbmby robe, oasShde and Wpdd James Scott Silmdl, Leonard ZWft lty, David Jacobson, budtviduaIIy abvlm. CA, b huc and hwdtl Anwney(s}ln-thd with AM powr ad auhmity botchy codtrmd to aigt, sal and esmm for and at ire bebltbaoft, utdctwldnp ad otberobliptoty lamumema d dm0,rmbao - In Unlimited Amom2ds - mdm bind 6theebyufAy aodm the a® ermt IN If such hntrumerawcte dgoedbys delyauthetitd o9tec dthe capeadon ad aR the actz chid ACamy, punttm b auhority bafbY IPceq w hoebytcdLd and codamed. TESFowr ofMMW is made and madedpmstol to ad by mtbuity dth By-Loapaimed mtbe tewam hem; duly adopted, as h4wm by me beebotdm dth ea, on. In Wlbes Wbnaof. WESTERN SURETY COMPANY his caved these pnamta to be dgmd by W Vim Pteddczt and its aapuCe ad to be bado d8ad an this landiy of Jam 2015. WESTERN SURETY COMPANY ttAv 7 OhIll T. ftft Vice Resider Sate dSomb ratan CemtydMasbha I a On 1Na lah dry dJme. 2015. 6e0fe me paaatoily came Fad T. Bmdd, to = (mown, who, b ft by oe duty swro, did depmc and tap. @at he resides tithe CRY of Sioux I"Stitt dtlnmh DataN that he is the Vice: Reddutof WESTERN SURETY COMPANY daaibd In and which tuaaed the above tomdmmt; that h loom the and of dd corpadimS that the sal a>smd to the add ivstrumee Is nosh oocpawn veil; that it wan so amad paenme to athaly elm by the Bond ofDbeaus child mponalm and that he aipped his m, titacco ptoaua to 1ln otheity. ad admowiedow aaonctobe me act ad doed dadd owporloa blym®iimespfin ear------vweaaa w...... 9.AIR Febntary 12.2QJ1 t101tt11 Y a1R10 S. HidS.Noary Publie CEBTD7GT'8 1, L Nclsoc, AMUW Seaetal. Of WBSTBRN SURETY COMPANY do heft mtitY that the Fewa d Armory haeimbon sm forth Is am to him aodtumacWrythrth By -taw of oapuaka ptiaedmthe tevem bamtbtedR In tlam. mbs�onywheeotl hive heatre aohaaihed my mum adaRadme seal dim cam ewpwYionthla dayd_ nil l i illtg__. WESTERN SURETY COMPANY a®taso7-ova ` ` L Nelmq AwdmSeacety 23C-22 ADOPTED BY THE SHAREHOLDERS O]F VESTERN SURETY COMPANY 7bisPower ofAfturneYnmade sad amdmaymmimdtomdbymdw*offtMowing By.l"My-dopmdbyftshareholdem offt Cmpmy. . Sadon 7. AB bonds, policim tmdemtalmtge, Powem of Mtomay. or other oblioom of the omporffimn shill be aeculed in the ompamic ttme of the CampmW by the Paaideut. Secretary. and Am= Secretary, ltmnae, or any Vice Pre9dent or by such o>ber otioea m ffie Board of nhatam m9' m aim the PsaidaA my We Pnmdem% Secaday. ury Aa6sbff t Semet 7, cc the Tiencrer easy sppand Anumcp m Fed or sSaft Sabo dtst haver mid=ty to issue bcode, policies, or mWmtlkw in the rime of fe Catnpacry. 76e cmpmm sot is not nemmy far me validdy of my bmd%poheiM emdeatatiagN Powers of Attamey or otter ohbpptims of Poe ompma&m neakp b ofwWm&olHoamlihoompmteudmrybep®Oedbyficsd-*Im 23C-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RA1TT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %0/a 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 AMERICAN PAVEMENT SYSTEMS License #/Exp. 943792 DIR Reg. #/Exp. 1000000207 Location 1012 I ITH ST. MODESTO, CA 95354 Phone 209.522-2277 Type Of Work ARAM Amount S 112,560.00 Name CLSURVEY License #/Exp. LS 8231 NO EXP DIR Reg. #/Exp. 1000007166 06/30/20 License # 8231 Location 1269 POhIONA RD STE. 108, CORONA, CA 92882 Phone 909484-4200 Type Of Work SURVEY Amount S 6,60U.00 Name GWINCOCONST License #/Exp. 769266 DIR Reg.#/Exp. l0000loxss License # 769266 Location 2171 S. GROVE AVE STE F. ONTARIO. CA 91761 Phone 909-930-1693 Type Of Work PIPE Amount S 31,025.00 X Signature o id r STEVE MENDOZA, SECRETARY Name CALIFORNIA PROFESSIONAL ENG License #/Exp. 793907 04/30/21 DIR Reg.#/Exp. 1000001980 06/30/20 Location 929 OTrER➢EIN AVE UNIT E. LA PUENTE. CA 91748 Phone 626-810-1338 Type Of Work Amount S LOOPS S6,300.00 Name EBS GENERAL License #/Exp. 720016 DIR Reg.#/Exp. 1000005295 6/30/20 License # 720016 Location 1345 QUARRY ST. STE 101, CORONA, CA 92879 Phone 9251-279-6869 Type Of Work CONCRETE Amount S 97.330.00 Name MD RUBBERIZED CRACKFILLING License #/Exp. 986686 DIR Reg.#/Exp. 1000006438 06/30/20 License # 986686 Location P.O. BOX 15504. SANTA ANA. CA 92735 Phone 714-352-7002 Type Of Work CRACK SEAL. Amount $ 15,750.00 P-9 ofP-17 23C-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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: h% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %%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 SUPERIOR PAVEMENT License #/Exp. 776306 08/31/21 DIR Reg. #/Exp. 1000001476 Location 5312 CYPRESS ST. CYPRESS, CA 90630 Phone 714-955-9100 Type Of Work STRIPING Amount $ 26,334.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Phone Type Of Work Type Of Work Amount $ Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ X Avk�= Signature o id r STEVE MENDOZA. SECRETARY Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 23C-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAM TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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. I CITY OF TUSTIN, 300 CENTENNIAL WAY Name and Address of Owner. EDDY JAN 714-573-3157 Name and Telephone Number of person familiar with project. $1,629,018.86 PARK AVE STREET REHAB Contract Amount Type of Work 2, CITY OF ANAHEIM, 200 S. ANAHEIM BLVD STE 276, ANAHEIM, CA Name and Address of owner. BOB LUCIANO 714-765-5176 10/2018 Date Completed Name and Telephone Number of person familiar with project. $530,433.55 STREET IMPROVEMENTS 0712018 Contract Amount Type of Work Date Completed 3, CITY OF SAN JUAN CAPISTRANO, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA Name and Address of owner. PAUL MESHKIN 949-443-6350 Name and Telephone Number of person familiar with project. S2,186,492.92 STREET IMPROVEMENTS 05/2018 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. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DR. SUITE 200, IRVINE, CA 92612 SCOTT SALANDI 949-486-7917 (BONDS) LAURIE SYLVESTER 949-486-7900 (INSURANCE) P-10 ofP-17 23C-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAM TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I CITY OF TUSTIN, 300 CENTENNIAL WAY, TUSTIN, CA 92780 Name and Address of Owner. BENNY TENKEAN 714-573-3161 Name and Telephone Number of person familiar with project. S22.6 MILLION ROADWAY RECONSTRUCTION 04/2014 Contract Amount Type of Work Date Completed Z, CITY OF RIVERSIDE, 3900 MAIN STREET, RIVERSIDE, CA 92522 Name and Address of owner. STEVE HOWARD 951-826-5567 Name and Telephone Number of person familiar with project. $5,872,373.05 STREET WIDENING 06/2017 Contract Amount Type of Work Date Completed 3. CITY OF DANA POINT, 33282 GOLDEN LANTERN, DANA POINT, CA 92629 Name and Address of owner. MATT SINACORI 949-248-3554 Name and Telephone Number of person familiar with project. $1,848,846.00 Contract Amount ROADWAY RESURFACING 06/2016 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. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DR SUITE 200, IRVINE, CA 92612 SCOTT SALANDI 949-486-7917 (BONDS) LAURIE SYLVESTER, 949-486-7900 (INSURANCE) P-11 ofP-17 23C-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAM TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) In conformance 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 other 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. BIDDERS ate cautioned that making a false certification may subject the certifier to criminal prosecution. Signed x STEVE M9NDOZA, SECRETARY State of California ' County of ORANGE Subscribed and sworn to (or affirmed) before me on this 25TH day of JULY , 2019, by STEVE ME•NDOZA proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me J. DE Notary Public Seal J. OE tONOH C CmmMUlon 0 2128504 L i . Noxy Fmic - Calfrornla 2 9 Cranp County ? M Comm Expires Oct2a.20t,; P-12 of P-17 23C-28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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-13 ofP-17 23C-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: X Title: STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 07/25/19 P-14 of P-17 23C-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: x Title: STEVE M NDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 07/25/19 P-15 of P-17 23C-31 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: X Title: STEVE M NDOZA, SECRETARY Firm: R.1.NOBLE COMPANY Date: 07/25/2019 P-16 of P-17 23C-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6941: ALTON REHABILITATION FROM RAITT TO BRISTOL PROJECT NO.: 19-6617: ALTON DRAINAGE REPAIR AT D-03 CHANNEL 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 xxx If the answer is yes, explain the circumstances in the following space. P-17 of P-17 23C-33 23C-34 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 19-6941 & 19-6617 ALTON REHABILITATION FROM RAITT TO BRISTOL AND ALTON DRAINAGE REPAIR AT D-03 CHANNEL PROJECTS This CONSTRUCTION CONTRACT is made and entered into this 20'h day of Auguest, 2019 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 "CITY"), and R:J. Noble Company (hereinafter "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 Alton Rehabilitation from Raiff to Bristol and Alton Drainage Rpair at D-03 Channel 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 • Technical Provisions and Project Plans • Community Workforce Agreement • 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 Eight Hundred Fourty-three Thousand Three Hundred One Dollars and Twenty-five Cents ($843,301.25), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev. 09/01/2017 23C-35 Page I of 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. 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. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hue collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htti)://www.santa-ana.org/pwa/documents/CWA.pdf 7. 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. 8. 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 Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. 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. /% 23C-36 Page 2 of IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ CLERK OF THE COUNCIL APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 'M,. -f'L JOIN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: R.J. Noble Company NAME: TITLE: SECRETARY 23C-37 Page 3 of 3 23C-38 Exhibit 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 19-6941 & 19-6617: ALTON REHABILITATION FROM RAITT TO BRISTOL AND D-03 CHANNEL IMPROVEMENTS AT ALTON AVENUE Construction Contract $ -=843,301 Contract Administration $ 40,789 Inspection and Testing $ 65,000 Contingencies $ 84,270 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,033,360 23C-39 23C-40