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HomeMy WebLinkAboutR. J. NOBLE COMPANY__.__...,. v11o`101 McCor Clerk of the Council, City of Santa Ana Tom Daly, Clerk-Recorder Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council, City of Santa Ana Tom Daly, Clerk-Recorder 20 Civic Center Plaza, P.O. Box 1988 IIIIIIIIIIIIIIIINIINIIINIIINIIINIIINIIIIIIIIIIIIIIIIIINIIIIIIIIIIIillllll Santa Ana, CA 92702 NO FEE 20120000154141:46 pm 01111/12 10414N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 a - - THIS SPACE FOR COUNTY RECORDERS USE ONLY cam: ia. r.+ hCJ F^-. 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 BELLA VISTA. CASA BONITA, CENTRAL CITY AND PICO-LOWELL °w NEIGHBORHOOD STREET IMPROVEMENTS under contract entered into on APRIL, 12, t? 0 2010, with R.J. NOBLE COMPANY, on which contract TRAVELERS CASUALTY AND x SURETY COMPANY OF AMERICA is surety. The property on which such work improvement u o was placed is in the City of Santa Ana, County of Orange, State of California, and described as m F Project No. 10-7503 located at: VARIOUS LOCATIONS. The work improvement on said z W property was accepted as completed on JANUARY 10, 2012. o? o CITY 0% SANTA ANA, A MUNICIPAL CORPORATION v by 4A C'?? ?1/? l w Dated: l City Engineer Z z TITLE. ------------------------------------------------------------------------------------------- x Oa VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof, and I declare under penalty of perjury that the facts therein stated are true. Executed on , at Santa Ana, California LA? 0( ? W ? ipawre of individual swearing that the ontents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (*4 DAYS AFTER COMPLETION • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR BELLA VISTA, CASA BONITA, CENTRAL CITY, AND PICO LOWELL NEIGHBORHOODS IMPROVEMENTS (PROJECT NO. 107503) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 04/05/2010 L~ As Recommended ~~?~ ~ ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to R. J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate one in the estimated amount of $2,383,662.59 for construction of Bella Vista, Casa Bonita, Central City, and Pico Lowell Neighborhoods Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $2,908,000. DISCUSSION The area bounded by Fairview Street, Flower Street, McFadden Avenue, and First Street is part of the City's comprehensive plan to rebuild residential streets throughout the City (Exhibit 1). Segments of local streets located in these neighborhoods have been identified as a high priority for rehabilitation in the City's pavement management system. The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, and curb ramps are in various states of disrepair and require replacement. The contract provides for recycling existing asphalt paving with the cement treated base reconstruction process, and replacing of damaged curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re- establishing the survey monuments. Once completed, these improvements will enhance the ride quality and visual appearance of the neighborhoods. The Notice Inviting Bids was advertised on January 27 and 29, 2010, and bids were opened on February 23, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 11 Bids received: 5 Bids received from Santa Ana Contractors: 1 • Contract Award For Bella Vista, Casa Bonita, Central City, and Pico Lowell Neighborhoods Improvements April 5, 2010 Page 2 NAME OF RESPONSIVE BIDDER 1. R. J. Noble Company 2. All American Asphalt 3. Hardy & Harper, Inc. 4. Excel Paving Company 5. Elite Bobcat Service, Inc. CITY BASE BID PLUS ADD-ON ALTERNATE ONE Orange $2,383,662.59 Corona $2,456,433.00 Santa Ana $2,491,000.00 Long Beach $2,592,724.61 Corona $2,815,000.00 A total of five bids were received and all were responsive. The lowest base bid plus add-on alternate one was submitted by R. J. Noble Company, for $2,383,662.59, which is below the Engineer's estimate of $2,721,838. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, and National Environmental Policy Act the proposed project is exempt from future review. Categorical exemption Environmental Review No. 2010-03 will be filed for the project. In addition, a Certification of Categorical Exclusion and a Statutory Worksheet have been prepared in accordance to the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,908,000 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (accounting unit 13518783-66220). .., Raul Godinez Executive Direct Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director ~~~ Finance & Mgmt. Services Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis ___~ ~iST ST_~ i ,....._J L IST ST „~ ~~ I8T J ~~ ~LJ ~~ ~~1~1 _I IST ST _J ~ _~ ~ lST ST ~~~ LEGEND ~ PROPOSED IMPROVEMENTS ~1I ~ ~~ Yly, T __1.~ ~_.- ~,~ EXHIBIT 1 ~-_ -~ ~ - NUi ST ~ ~p ~~ 1 C ~ ~ _ OESTNUT AV~ f NYRT .~.~~ ~~ ~ ~ ~ _ CANIIE ST __ t B ~ ST ,~_ L RIC1l,AN0 AV ~ - ___ __ N T I MIONL,ANTI ST _J I a T ~ j~ T i CllMdl ST ~- ~..~IMCFADOEN AV i~ Y_r„7 ~-~ l ~~~ I~~(-l~" i~ wl~ it int SANTA ANA ~ aTY CONTRACT AWARD FOR BELLA VISTA, P W A AC~iC-NDA DATE CASA BONRA, CENTRAL CRY, AND PICO A~ s. 2oto LOWELL NEKaH IMPROVEMENTS (PROJECT NO.107503) _ .~._, .~_._.._ ~-- ~ -JiJ I !'-~-~ __J ~ > I ( ,. ~ I l__11Nfi1W IN ---1 h ~ L IN6M1 LN I ( I Ih L-. _ -_ 1'~1 U FUNDING ANALYSIS PROJECT NO. 107503 L~ BELLA VISTA, CASA BONITA, CENTRAL CITY, AND PICO LOWELL NEIGHBORHOODS IMPROVEMENTS Construction Contract $2,383,662 Contract Administration $65,972 Inspection and Testing $120,000 Survey Staking $100,000 Contingencies $238,366 TOTAL ESTIMATED CONSTRUCTION COSTS X2.908,000 Exhibit 2 r .;••p~;^' ~~~~ CITY OF SANTA ANA ~~~, . ~._ PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-36) d SANTA ANA, CA 92701 ,Olc~ T1 ~1 ~1V~~T1-1~L~ C®~ ~~~T DATE: February 1 s, 2010 PROJECT SUBJECT: ADDENDUM NO.: 1 NO.: 10-7503 MAI L REMARKS: PAGES ATTACHED: 1 STATION: nn-36 PLEASE FAX THIS PAGE ONLY T0: Carlos Castellanos * FAX Nt}.: 1-(714) 64 7- 5635 '~ PHONE NO.: 1-(714) 647-5642 NOTE: UPON RECEIPT OF ADDENDUM, PLEASE SIGN THIS SHEET AND FAX IT BACK TO THE CITY OF SANTA ANA ATTENTION: Carlos Castellanos FAX NO.: 1-(714) 64 7-5635 I HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: PROJECT NO.: 10-7503 COMPANY: R.J. NOBLE COMPANY SIGNATURE: PRINT NAME: STEVE ENDOZA DATE: oz-16-ZOIO TITLE: SECRETARY r ~~t ;'!r( ~ ~ A tl~~ i I+~', ~ - C; ,i February 16, 2010 ADDENDUM NO. ONE ~ -~I d 1 • ~ ,,may CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 A~ i Cai~fn'~n-~ i):'7`)'' C ivi~f ~ i3ean~ .~,' I!)13NEY (,~f H~: U~ SHE t PatnGid f He ~, SUBJECT: PROJECT NO. 10-7503: BELLA VISTA, CASA BONITA, CENTRAL CITY & PICO- LOWELL NEIGHBORHOOD IMPROVEMENTS The following changes have been made to specifications of the subject project: Specifications 1. Page iv -NOTICE INVITING BIDS -paragraph 1; replace with the fallowing: NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall-Ross Annex, (M-43}, 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works Agency Fourth Floor Receptionist, (see attached map), on or before the hour of 2:00 p.m. on Tuesday, February 23. 2010 sealed bids and/or proposals for All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA s~' - ___~-_ __- -- George Alvarez City Engineer • ORANGE COUNTY REPORTER -SINCE 1921 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 /Fax (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: Bella Vista St Imprv I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a parry to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, t0-Wlt: 01 /27/2010, 01 /29/2010 I certify (or declare) under penalty correct. / space for tiling stamp only OR #:1784178 NOTICE INVRING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works A enc Fourth FI or~Rece tromst on or a ore t to tour o Of 2 0 p.m. on Thursday, February 18, 2010 sealed bids and/or proposals for PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements Notice is hereby given BIDDERS that this project is funded with CDBG naney, and that the rate of wages for each craft or type of work or mechanic emplo ed under this contract shall be as specif~ed under the current determinations of the De artment of Labor as r uired under t e aura- acon ct. ere a iscrepancy exists etween Federal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. The signature of the BIDDER on the bid bond must be notarized. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class A Contractor's prior to the scheduled award date of this contract. The Disadvantage Business Enterprise (DBE) goal for this project is 1.67%. The Underutilized Disadvantage Business Enterprise (UDBE) goal for this project is 2.22%. These percentages shall apply to the cost of the entire project. This information may be submitted with your bid proposal. ff it is not, and you are the apparent low bidtler or the second or the third low bidder, it must be submitted and received by the administering agency no later than the time specified in the Federal Requirement Appendix F. The time for completion of this contract is 100 working days. Liquidated damages of $4,200 per working day shall begin following the completion of the first 100 working days after Notice to Proceed is issued. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. Specificatons, plus a minimum $14.42 additional fee if mailed. Make checks payable to the Ciry of Santa Ana. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 1127, 1/29/10 OR-1784178f! Complete sets of the Plans and Specifications will be furnished upon a lication to the Public Works A enc First Floor Ross Annex o lex 20 ivic enter Plaza M-93 ants Ana alifornia 92701 hone (7141 647-5680. There is a 24.53 charge (non- refundable) for these Plans and iiii~in~iui~uiiuiuiiiuiANini~i~ui~nui~~u ..ooooo,,.,,,,. Executed on: 01/29/2010 At Los Angeles, California • CITY OF SANTA ANA PROJECT NO. 10-7503; Belta Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood hnprovements PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. Noble Comnanv REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation* CY 250 $ 38.50 $ 9,625.00 2. AC Pavement* TN 19,247 $ ~'' ~ .. ~ ,~ ( (tip 7{1 Z 3. Pulverized Material and Cement SF 1,566,061 $ _~~ $ (p~1 Zj Treated Base (incl microcracking) f . 4 Remove excess pulverize material* CY 7,250 $ ~.Z . `~ $ ~ t f 5~ .~~ 5. Cold Mill SF 157,164 $ 0.19 $ 29 , 861.16 (i. Remove and Replace PCC Curb and LF 631 $ 38.00 $ 23,978.00 Gutter * - ~ ~ ~-- 8. Remove and Replace PCC Curb* LF 45 $ 43.00 __ $ 1 935.00 8. Remove and Replace PCC Driveway SF 1,334 $ 12.90 $ 17, 208.60 9. Remove and Replace PCC Sidewalk SF 13,616 $ 8.35 $ 113 , 693.60 10. Adjust Manhole Frame and Cover to EA 173 $ 285.00 $ 49,305.00 Finished Grade* --- - -- 11. Adjust Water Valve Frame and EA 227 $ 405.00 $ 91, 935.00 Cover to Finished Grade* --- ------~---- 12. RootShave* EA 115 $ 230.00 S 26,450.00 TO BE INCLUDED iN BID PACKAGE BP 1 of 30 I 1 • • CITY OF SANTA ANA PR03ECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price ,4~nount i s. Y~:L' C.rnndmg* 14. Remove and Reconstruct Speed Humps 15. Traffic Loops l6. Signing and Striping TOTAL BASE BLD------------------------ ADD ALTERNATE I 17. Tie-Out and Reestablish Survey Monuments* TOTAL ADD ALTERNATE IBID-------- LF 250 $ 25.75 $ 6.437.50 EA 3 $ 1.975.00 $ 5,925.00 EA 30 $ 190.00 $ 5,700.00 .~ -------------------------------------- $ L~ G ~ ~ EA 100 $_ ~j'D.~ $ Z'rJ, C7t~ . ~ TO BE INCLUDED IN BID PACKAGE BP 2 of 30 • ~ • CITY OF SANTA ANA PROJF,CT NO. 10-7503; -Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPO5,4L & CONTRACT AGREEMENT BID PROPOSAL, continued TOTAL BASE BID + ADD ALTERNATE IBID--------------------------------- $ ~~ ~.3~(pZ , a~ The lowest responsible bidder shall be selected based on the low Total Base Bid. The Agen-cy- reserves the right to award the Base Bid, and any, all or none of the alternate .Bid Items. * The quantity for this bid item is shown far 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. ~ This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. PROJECT NO. 10-7503 BELLA VISTA, CASH BOINTA, CENTRAL CITY AND PICO-LOWELL NEIGHBORHOOD IMPROVEMENTS Address 15505 E . Lincoln Ave _ Orange, Ca 92865 Phone(s) 714-637-1550 BIDDER Signature x chael J. Carver President BIDDER. Firm R.J. Noble Company TO BE INCLtJDED IN BID PACKAGE BP 3 of 30 CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CON'T'RACT AGREEMENT LIST OF SUB-CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; ''/2°~0 of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME ELITE BOBCAT SERVICE NAME ~j~, 5-,'~7~~~C.~l -z,+=1-7-7~"~ __ LOCATION CORONA, CA LOCATION 2A~UJ PHONE 451-279-6869 PHONE `l''~ 1 `~ ` ~LZ TYPE OF WORK CONCRETE $ 71,473.00 TYPE OF WORKPULVERIZE/ ___$~Z~~,~ CEMENT TREAT NAME RAMIREZ CONSTRUCTION LOCATION COVINA, CA PHONE 626-967-5790 TYPE OF WORK DTl T TT~„_4T ~_TT TTI~C 1 '~ 7T~0 ~ ~Q NAME SMITHSON ELECTRIC LOCATION ~P~~T~E-:--CA PHONE 714--,97-955b TYPE OF WORK LOOPS _ $ 5, 400.00 NAME V & E TREE SERVICE LOCATION pRANGE, cA PHONE 714-997-0903 ___ TYPE OF WORK ROOT SHAVE $ 25,875.00 NAME Ot~4N(a~ ~'~`' `~_STR- l~Pi~ LOCATION ~, ~~ PHONE ~ ~ I > (p~~~- 5~~~-- TYPE OF WORK STRIPING __ $_yt~~,W~ R.J. Noble Company Xame of j~br~itting Bid Signie of BIDDER Michael J. Carver, President NAME LOCATION _ PHONE TYPE OF WORK. NAME LOCATION - PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION _ PHONE TYPE OF WORK. $ "TO BE 1NCLUDF.D TN B1D PACKAGE BP 4 of 3U • • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director r or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays anal AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain;~otherwise said funds, check, drafts, or BIDDF,K'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required. for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm R . J . Noble Company Signature of BIDDER Title Michael J ~ Carver, President (if an individual, so state) "I'O BE INCLUDF.,D IN BID PACKAGE BP 5 of 30 • • CITY OF SANTA ANA PRO.IECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co-partnership, state the Finn name and give the names of all individual co-partners composing the fine. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) R.J. Noble Company a.California Corporation Michael J. Carver, President Steve Mendoza, Secretary Craig Porter, Vice President James N. Ducote, Treasurer ,} / r Awarded to~ ~ ~~' ' .~~~~~~~ ~~= on the basis of low responsible and responsive bidder in the amount of =-r ~ ', ATTEST: ,-. >c....~~ . ~ y CLERK OF THE COUNC1I,r,, APPROVED AS TO FORM: ACTION OF COUNCIL: f Date ~,~~ ~.~,'~ 20 /C ACCEPTED FOR THE CITY OF SANTA ANA: ~-- -„ Y ATTORNEY EXECUTIVE DIR. .TOR PUBLIC WORKS AGENCY BP 6 of 30 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT' NO. 1 U-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood hnprovements (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF IRIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF TIIOSE CF,RTIFICATION~S WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER R . J . Noble Company proposed subcontractor hereby certifies that he has x ,has not ,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 1 l 114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1 }), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. TO BF, INCLUDED IN BID PACKAGE BP 7 of 30 • • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 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, l 965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. TO BE INCLUDED IN BID PACKAGI BP 8 of 30 CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 7. The Contractor shall include the portion of the sentence immediately preceding paragraph {1 j and the provisions of paragraphs {])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 penalties imposed for a violation of the Chapter. Signed x Title Michael J. Carver, President Firm R.J. Noble Company Date 02/18/2010 TO BE 1NCI,UDED 1N BID PACKAGE BP 9 of 30 • . CITY OF SAN'T'A ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. ~' Signed x "i'itle Michael J. Carver, President Firm R.J. Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKA~iE BP 10 of 30 • C~ CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT REFERENCF,S The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1, City of Huntington Beach, P.O. Box 784, Huntington Beach, Ca 92648 Name and Address of Owner. Dave Verone, 714-536-5221 Name and "Telephone Number of person familiar with project. 3.8 million Arterial Rehab June 2009 Contract Amount Type of Work Date Completed ~ City of Murrieta, One Town Square, Murrieta, Ca 92562 Name and Address of owner. Tom Nowak, 951-304-2489 Name and Telephone Number of person familiar with project. 1.2 million Asphalt Paving June 2009 Contract Amount Type of Work Date Completed 3. City of Costa Mesa, 77 Fair Drive, Costa Mesa, Ca 92628 Name and Address of owner. Irina Gurovich, 714-754-5324 Name and Telephone Number of person familiar with project. 1.3 million Street Rehab October 2008 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. Stong Surety Insurance Services 4850 Arlington Avenue Suite B, Riverside, Ca 92504 951-343-0382 Travelers Casualty & Surety Company 21688 Gateway Center Drive, Diamond Bar, Ca 91765-8512 909-612-3000 TO BE INCLUDED IN BII~ PACKAGE BP 11 of 30 • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-I_,owell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICES-IIP 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 Apprenticeshj.~Council. Signed X Title Michael J. Carver, President Firm R . J . Noble Company Date 02/18/2010 TO BE INCLUDED IN B[D PACKAGE BP 12 of 30 • • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Nei~~hborhood Improvements y PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 11.2 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 sharn 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 tha~aking a false certification may subject the certifier to criminal prosecution. Signed ~ Mi ae State of Cahfornra County of Orange arver, Presiden Subscribed and sworn to (or affirmed) before me on this 18th day of February 2010 by Michael J. Carver proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ,.: ~ tatty ~'ublic Signature r Jen t>~' fer De Iongh ~_. ,,~~.,, JEtJNIFER DE IONGii ~• Commission # 1771186 -,mom 'Notary public - Callforn(a Z Z '' ~ ., Orange County ' My Comm. Expires Oct 28, 2011 Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP l 3 of 30 CI'T'Y OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa :Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT BIDDER'S S'T'ATEMENT 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 { 1$ 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 constriction or repair of public work, to gi up any part of the compensation to which he/she is otherwise entitled. Signed x /~ Title Michael J. Carver, President Firm R.J. Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKAGE BP 14 of 30 • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: R . J . Noble Company Business Address: 15505 E. Lincoln Avenue, Orange, Ca 92865 Telephone: 714 - 6 3 7 -15 5 0 State Contractor's License No. and Class: A-782908 Expiration Date: 08/31/2810 -~ Signed: x Title: Michael J. Carver, President TO BE INCLUDED IN BID PACKAGE BP 15 of 30 • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT CLAUSES SECTION 3__-..CONTRACT CLAUSES A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by 14IJD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution. of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each: and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall. begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in ati applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. TO BE 1NCLITDED IN BID PACKAGE BP 16 of 30 CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood [mprovements PROPOSAL AND CONTRACT AGREEMENT SECTION 3 -CONTRACT CLAUSE continued E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with I-IUD's regulations in 24 CFR part 35 may result in sanctions, ternlination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered lndian housing assistance, Section (7) b of the Indian Self-Determination and Education Assistance Act (2S U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to lndian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For. the purpose of training and employment the rimar Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 8U% of the median income of the metropolitan statistical area in which the project is Located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods. For .fiscal year 1996-97, minimum goal for each project is 30%. TO BE INCLUDED IN BID PACKAGE BP 17 of 30 • C~ CITY OF SANTA ANA PROJECT NO. ]0-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood [mprovements PROPOSAL AND CONTRACT AGREEMENT SECTION 3 -CONTRACT CLAUSE continued The Contractor/Sub-contractor/Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor/Sub-contractor/Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. Michael J. Carver, President Print Name and Title Craig Porter, Vice President Print Name and Title Steve Mendoza, Secretary Print Name and Title 02/18/2010 Date TO BE INCLUDED IN BID PACKAGE. BP 18 of 30 c x Signatur CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS (~'ENERAL - `The wtxTc h~eirt proposed wt71 be finatreed ut whole or in pad with Fedeaal fiords, arid therefore aIl of the s4tutes, ttiles and regn~a Ixorrrulgattd by the Federal Govartmerx aryl appliexbk to wrxk firru>cecl in whole or m pan wilt Federal fimris wt71 apply ~ strh wodc The' `RtxgmEd Contract Provisory, Federal- Aicl C.otnatttaiort Ccx~acts, "Form FHWA 1273, are irtchrded in this Se~iort 14. Wlrertever in said regtmed ca~ract povisory refereatt>rs are rtnde >Q "SHA Conhactirtg office,>, .'S)-IA resicler>t a~utee<,. or ' ~d}nriaed rep~~~ c~the SHA," salt rrs shall be oorytnttd ~ mean "Fx>gnteer" as Befitted in Section 1-L18 ofthe Standard Specificatiay. PERFORMANCE OF PREVIOUS CONI72ACT - hi actlitiat ~ die provisory in Se~ion II, "NorrlisQUrrinatiorr," and See-tiort VII, "Strblet>ntg or As9~>aI; the Corrttact," of the tegimed contract prwisior~ the Cormactttr shall axrp}ywrththe followar~r The BIDDER shaIl exea~ the CERTIFICATION WIIH REGARD TO THE PERFORMANCE OF PREVIOUS CXTN1It,ACT'S OR SUBCONTRACTS S'[JBJECT "Il7 THE EQUAL OPPORTUNITY CLAUSE AND THE FII.ITK1 OF RF:QLJIRID REPORTS bated in the proposal. No req<rest far subldnttg or a~~sigrtirrg arty portion of the cormact m cxc^s~s of$1Q000 will be arraaclert~d ands the provisiori; of 5cti:titxt VII of the recprrred conhact provisory tmless such regtwsi is accYxr}~artied by the CERTIFICATION teteQeclgt above, exea>teedbydteptoposad~. NON-COLLUSION PROVISIONS -The provislors in thtis sec,~ticat aQe applicableto aIlocx>badsexoelXcattrac'ls forFederal Aid Secondary projects. Tide 23, United States Code, Sec;Srxi 112, requires as a cor>ditgrt preoadert to apptt7val by the Federal Highway Adrrranshator of the corthact kx this work that each BIDDER ft7e a s~wrrr staternerff exect~d by, or on behalf ot; the persor>, Earn, associati~>, or capaation b whom sttclt cormact is m be awarded, oertidy¢rg that stilt person, fin, assocratrort °~ corpor~ort has trot; erth~ drtectlY or md¢ecdy, ertt~ad firma arty a~eerra>t pcuUc-rpeidcl m airy oo]h~iat or otherwise taken arty action m rt~s1rairrt of fife ocxrpetifive bidding in oorstxtiort wadi the sttbrt>iitedbid A form 1o make the notreolhyion aflichvit slamrerrt ragr~od by Section 112 as a certi6~t>ion tinder pertaky ofperjwy rather than as a swum stataiterrt as pemrrf~d by 28, USC, Sec.174~, is inchrdedmthe pa>l~osall. PAI2TICTPAT[ON BY DI;SADVAIVTA® BUSINESS EN"1'Q2PRISES IN S'CJBCONTRACTING- Part 26, Tide 49, Code ofFederal Reg<tlatiorts suppties ~ this Federal aid prgeCt. Pertinart sett of said Code ate inmrponmd in part or in its ermtely wittrin other sact~ of these spe^ial provisiory. Sc1t~ rte B - Tnfunrratitxt forT)etettr»rrittg Joint Vamne Eligrbrliry. ('This form need not be filled in if all joint ventttre fimy are minority owned) 1. Name of joint venttue 2. Address of join venture 3. Phone ntrrrrbc~r of joint venture 4. Identify the firms which comprise the joint venttre. {The DBE partner rrrttst complete Schedule A) a. Descnbe the role of the DBE firm in this joint venttre. b. Describe very briefly the experience and business qualifications o! each non-MBE joint venture: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreemnt 7. What is the claimr;d percentage of DBE ownership? 8. Ownership of joint venture' (This need not be filled in if de~scribeG in the joint venture agreement, provided by question ((i). a. Profit and loss sharing b. Capital contnbutions, including equipr~rtt. c. Other applicable ownership interests Aflaclurtertt Ead~tit A - FR] 8-0797 BP 19 of 30 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT 9. Ca~>I of and parti<•iQa~r in this contract IderYify by rrarne, race, sex, arxi "firrri' those urlividtrals (and their titles) who are resporn~ble ~Y-~Y nrm~,~enent and polrcy deasxxr n~rg, inchx~, Name ofFirm Name ofFirm -- --- - - but rx~t lirrr~ed to, those with prime respormbr7dy for. ----- -- --- a 'mazr,7alck~cisiois -------_--_--------.-__--- ---- _ Si~rue Si~nah.m: --N~ -- -- -- - ------N~ -- _ b. Marratmrnent decissicx~s, sixth as: - Tide -- ----- ----- f~ - ---- I. Fstn'------------- ---- 2. Marketing and sales ---- ---- Daie 3. I ~nirg arx3 firm ofn~r~age~r~erd 5fa~ of ---------- --- --------- -- C_oar>rYof-------- 4. Pur<ha.~rg of rrgjcx i>t~rrs or supplies ------ --- -- ------ --- Orr this __ day of __- _ 20_, before me appeal (rtarrx - - ---- --- to me persorrally known, who, being duly sworn, did execute dr c. StrPavisiostoffieldoperations--- fixegorng affidavit and dici state that he or st>e vas pic>p~ty ardhaiLed by (Name of finr - --- --- _ _>p execute the affidavit and didso as his or hem flee act arxi decxL Noy: It atier filing this Schedule B and before the corr{~letiorr of fire joint venture's wvtk on the corrhact covered by this regulatioq there is arty srg~rnficatrt change in the irrforrrxrticm subrrritlecl, the jortt vetttue mnt infonn the yaantee, either directly or d~arrglr the prune oormac~ ifthe joirn vertrue is a Albe~r'~r'. A~fulavrt "Ihe urrdasigned swt'ar that the foregourg slaberrrerris are axrect atd itrchxle all arterial infonnaticm ' ~ idermfy and explaur the ir'rrrs and chxration of our joint vermue aryl the urir~Cl Pertic-q~eliai by each.jo~ vetm~ in the rn~datalorig. Ftuther the rurdersrg»ed ooverrart and agree >b provde to }~'u~e currertl oorrrplete and accrn-aiP inforrretion regarding actual joint vertnue w*xtc and the pczyrx~ent therefore aryl arty ptopcx~d changes in arty of the joint vermnc aaargemerns arxi ttr pemrit the audit and exarrmration of the books, recoirts, arri files of the jour venture, by autlrorvxd re~sertalives of the grarnee or the Federal funding agency. Arry rrntc'rial rr>isrepreseahticxr wrll be ~~ for tr~nr>ma>ing any corm-dct which rrray be awardtjld aryl for irritiatn~g acticm order Federal or State Iaws cUncarrirrg false starettrer>is." Altachrrrt;rt F.xt~rit A FR2 847-A7 NotaryRrblic Corrxrrissicrn expires ~~ I~ State of C,owriyof___ on this __ day of _-_-20_-, before rrx' app~e (N~vrre) m me persor>vlly knowq who being swrorn, did exexute ih foregorng affidavit and did s>'ete that he or she was prnpedy a<tl>orize<i by (Nam¢; of fim _-- ~ execuffi the alfichvit and did so as his or her tree act and deed No~nyPubtic Con~nission expires -_-- TO BE INCLUDED IN BID PACKAGE BP 20 of 30 • CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. none Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BIDDERR . J . Nob Company SignahireofBIDDERX ___ Date 0 2 2 010 FED.8-22-88 Michael J. Carver, President TO BE INCLUDED 1N BID PACKAGE BP 21 of 30 • Local Agency BIDDER-DBE (Construction Contracts)-lnformation T'he successful BIDDER must execute and return the LOCAL .AGENCY' BIDDER -DBE INFURMA"TION form, even if no DBE participation will be reported. AGENCY Clty Of Santa A17a __ LOCATION: Bella Vista, Casa Bonita, Central City and Pico-Lowell PROJECT DESCRIPTION: _Neighhorhood hnprovements CON"TRAC'T' NUMBER:_ __ __ FEDERAL-AID PRO.IECT NUMBER: CDBG _ __ TO'IALCONTRAC"f AMOUNT:~_2,35$662,5~ _ - FEDGRALSHARE (For local agency to complete) : $_ BInDArE 02118 /2010 -- BiDDER'sNAME: - R _J . No-b1e Company - _ __--- - AUVERT'ISED DBG CON"TRACT AVAII.ABtI ITV .anvtcnRV P~r~...,~~Ra~ ON"IR,AC"I I'I'f:M NO. - - T'EM OF WORK ANU DESCRIPTION )R SERVICES TO BF, 'IIBCON"fRAC"TED OK MATEKLALS 10 BE PROVIDED' - -"- " -~--...-c_. I)BE Cert. No. ND EXPIRATION )A"fE AME OF DBFs ' Must be certified on the date bids re opened -include DBE address and phone number) UOI_LAR AMO[1NT' DBE ' portion of 4~2 _ PROVIDE ASPHALT _ OIL __ _ T_$~88Q3 ni ~ 186 Li uid_t 475.00 ----_P. _Av = 88,350.00 ----- ----- - - gn~t,nt~n 699_ _ ~ t 0 00 . _ __ _ , IMPOK CAN'C: Identify all DBE (inns being participating in the project, regardless of ter. Names of the First Tier DBE Subcontractors and their respective item(s) of work i Total Claimers Parti i i 53 010.00 $ ~ stcd abme should be consistent, where applicable, with the names and items of work m c pat on - he "List of Subcontractors" submitted with your bid. Provide copies of the DBEs' cotes, and if applicable, a copy of joint venture agreements. pursuant to the 'ubcontractors Listing law and the Special Provisions. 2.24 % 1. F.:nter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by UBFs includin wot'k erfor d b it X g p me y s own _ forces. M' ael J. Carver, President If tO0`% of item is not to be performed or furnished by DBE, describe exact portion of item to he performed or furnished by DBE. Signature of BIDDER 3. Sec Section "Disadvantaged Business Enterprise (DBE) " of the S ecial Provisions 02/18/2010 714-637-1550 - , p (construction contracts); to determine how to count the participation of DBE firms. ---_ Date fArea Code) Tel. No. t,ocar ,vgency tSIllUtN - UBIs Inlbnnation (Rev 5101/06) Distribution: (I) Copy -Fax immediately to the Caltrans District IACaI Assistance Engineer (DEAF) upon award. (2) Copy -Include in award package to Caltrans District L.ocai Assistance (3) Original -Local agency files ns r ton TO BE INCLUDED IN BID PACKAGE BP 22 of 30 CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when. this transaction was made or entered into. Submission of this certification is a prerequisite for- making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all Lower tier subcontracts, which. exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. x BIDD s ignatureMichael J. Carver, President R.J. Noble Company Firm 02/18/2010 Date • Standard Form LL[.. may be obtained from Caltrans and FH WA offices. TO BE INCLUDED IN BID PACKAGE BP 23 of 30 • • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood lmprovements PROPOSAL AND CONTRACT AUREEMENT DISCLOSURE OF LOBBYING ACTIVITIES CO171D1CtC tI715 form YO fIISCI(15P. InhhVinv artivihPC nnrcnant to 'i l 1 I fi !' I Z G7 1. Type of Federal Action 2. Status of Federal Action 3 -Report Type: ^ a. Conhact ^ a. Bid/offer/application ^ a. initial" b. Crrant b. initial award b. material change c. Corporate Agreement c, post-award d. Ban For Material Change only: e. Loan Guarantee Year grwrter f. Loan insurance _ _ - ddte of last report 4. Name and Address of Reporting Entity ~. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ^ Prime ^ Sabwardee 'Tier ___ , If known Congressional District, r known Con essio ' l District, i knowzz 6. Federal Depaltnrent/Agency: 7. Federal Program Name/Descliption CFDA Ntrmirer, if applicable 8. Federal Action Number, if known 9. Aovard Amount, iJ-known $ a. Natne acrd Address of Lobbying Entity b. Individual Perforrrring Services (rrnkrling cukLvcs~~G~rrztfrvmNo (fnr>fVr>I,rtllcnrrrar,~~# tt~ 1 Ckr) (lastiuzrne,Jrr51» cznze, r1~1Q (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $___ ^ Actual ^ Planned ^ a. retainer ^ b. one-time fee 12. Form of Payment {check all that apply): ^ c. commission ^ a. cash ^ d. contingent fee ^ b. in-kind; specify: nature !` ^ e. deferred _ i' value ^ f. other, ify 14. Brief Description of Services P . omied or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment indicated in item 1 1: (attach Continuation Sheet(s) ifnecessan) 15. Continuation Sheets ttached: ^ Yes No 16. hrfomnricnztegrlested drisfotmisaud~iaerlbyTide31USCSedxxt _ 1352. Thsdiscbslzreo~IE~ acrivitiesisan~iialtelaesetoffactt}ion Signature X ___ _ ______ wtnchre}>i¢rewas~l~oedbydzetraabrr,~ewhendletr~mcharwdsrr>adeoliat~ed itrto. Thisdiscbsy~isregttmedlx~r~mt~i31 U.S.C.1352. 'Ihisu~fonrratiaiwrIlbe ichael J. Carver Print Natne _ tepotiedtothe Berri-ar¢alallyatYlw>Ilbeavallableforpublicuspaction - ----- -- Any faz7stofiledrertidi9cbaueshal(bestlbjattoacivrlper~lhyof Titie President -__ __ rot less $10,000 acrd rot mrxe than $100,000 fcxeach such faihne. 714 - 6 3 7 -15 5 0 0 2 / 18 / 2 010 T'el hone No. Date "'~IH"dIUSeClllly' Authcxizexl for Lixal Relmrxiucttem Standatrl Form- LLI, TO BE INCLUDED IN BID PACK.AGI: BP 24 of 30 • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form FHWA-1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA-1273) as shown in the appendix of the special provisions of this project. Signed x Title Michael J. Carver, President Firm R . J . Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKAGE BP 25 of 30 • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOS.AL_AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRAC"fS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: (1 } No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, gt-ant, loan, or cooperative afreement. (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congness, or an employee of a Member of Contn-ess in connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL*, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall ify and disclose accordingly. x BIDDERS ature Michael J. Carver, President R.J. Noble Company Firm 02/18/2010 Date *Sianctard farm Lt~1. may be obtained frUm Calir~ns ~r fiN1~A offices. TO BE INCLUDED IN BID PACKAGF, BP 26 of 30 ' ~ . • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements . PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" RE UIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982,and as shown in the special provisions of this project. Signed x Title Michael J~arver, President Firm R.J. Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKAGE BP 27 of 30 ~, • • CITY OF SANTA ANA. PRO.iECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that. the BIDDER has ,has not x been convicted _ within the preceding three years of any offenses referred to in that section, including any charge of .fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section l 101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. 'the term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed x Title Michael J. Carver, President Firn1 R.J. Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKAGE BP 28 of 30 ~ S ~ I • i • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualifted, 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. TO BE INCLUDED IN BID PACKAGE, BP 29 of 30 ~ k i * ` • CITY OF SANTA ANA PROJECT NO. 10-7503; Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Improvements PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questioruiaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed x Title Mich. J. Carver, President Firm R.J. Noble Company Date 02/18/2010 TO BE INCLUDED IN BID PACKAGE BP 30 of 30 ' R , ' 4 ~!D BOND • TRAVELERS CASUALTY AND ~T'Y COMPANY OF AMERICA HarHord, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, That we, R.J. NOBLE COMPANY Bond No. N/A as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the Laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SANTA ANA ag QhllgQa, herainaRgrl~lled the Q~ili~eQ in the c~~m Qf TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 109 OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for BELLA VISTA/CASA BONITA/CENTRAL CITY/PICO LOWELL (107503) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance wish the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contrail Documents with good and sufficient surety for the faithful pertorrnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter sucrt Confr-ad and give sucri bond ar bonds, if tfie Principal shall pay to the Obligee the difference not to e;rceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith cortra~ arith another party to perform the L~~ort; covered by said bid, then !his obligaiior+. shall be nut! and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of FEBRUARY (Witness) 2010 . R.J. N BLE COMPAN (Principal? (Seal) CRAIG PO R, VICE PRESIDENT (Ti-t°) (Witness] TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA e ~ ~,~ ~_ MIC EL D. STO Attorney"'"'Foal Printed in cooperation with the American institute of Architects {AIAj by Travelers Casualty and Surety C~rtnpany Qf America, The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. c_ig5o.~ (in_gT ' k ~ ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca{ifornia County of ORANGE On 0 2 / 12 / 2 O l 0 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared CRAIG PORTER Name(s) of Signer(s) cJENNIFER DE IONGH ~Commission # 1771186 Z -m „• Notary Public - California = _ ~ • Orange County ~ arty t_omrrt. Expires Oct 28, 2011 Place Notary Seal Above WITNESS my hand a who proved to me on the basis of satisfactory evidence to be the person~j whose name(~'J is/tee subscribed to the within instrument and acknowledged to me that he/stieltk~ey executed the same in his/faer~ietr authorized capacity(ies`j, and that by his/Iae~tFietr signature,(~j on the instrument the personj~a'f, or the entity upon behalf of which the person~a~j 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. Sig OPTIONAL ~ ~°'~ Though the information below is not required by law, it may prove./aluabte to persons and could prevent fraudulent removal and rea-:achment of this form to anon Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) tl seal. of Notary Public Qm on the document Number of Pages: Signer's Name: _ Signer's Name: _~ Individual ^ Individual C Corporate Officer -Title(s): ^ Corporate Officer -Title(s): i/ Partner - ^ Limited ^ General _ ^ Partner - ^ Limited ^ General _ C'~ Attorney in Fact ~ •• 'r ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Trustee Top of thumb here ^ Guardian or Conservator O Guardian or Conservator ~; Other: ^ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 +~ CALIFORNIA, ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On ~,~ J 1 ~~ f O before me, R. NAPPI "NOTARY PUBLIC" {Here insen name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(.a'jwhose name(a'~is/aresubscribed to the within instrument and acknowledged to me that he/slie/4key executed the same in his/Jae>:kheit• authorized capacity~iesyl, and that by his/Ijer~tla~ir signature(.~on the instrument tli<e person~fs'j, or the entity upon behalf of which the person 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. R. NAPPI WITNESS my band and official seal. _ COMM. #1796916 ~!1 ~ ~ ~ NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY ~ " ~ My Comm. Expires June 7, 2012 Signature ofNolary b (Notary Sall) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of attached document) (Title or description of attached documen[ continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer ITitlc) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s} ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acbro+rledgmem completed in Cal~rnia roust contain rerbioge exactly as appears above in the notaq• section or a separate aclmmrledgmenr jornr must be properly completed and anacbed to that document. The only exception is tf a document is Io be recorded outside of California. In such instances. am' abenratire ackrmrvledgment verbiage as map be printed ar such a doctmrenr sa long as Ulc verbiage does nor require the notary to do samedting that is Illegal for a rwta7• in California (i.e. cerrh•ing the autbori=ed capacity ojtlre signer). 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WARNI THIS POWER OP ATTORNEY IS INVALID WITHOUT THE BORDER ` .~- ~ POWER OF ATTORNEY TRAVELERS ~ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 222079 Certificate No. 0 0 3 4 71113 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Mazine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guazanty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of RiVet'side ,State of ~~li~D~'llj~ ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 1st St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ryuwa~ biM1 GI.SUq~ yp\0.E 6 ~,,M .I N,p`\\\ ' NS~q"w.,, „tV ANO EUq Y r ~p.FOq, ~L < 'y7 m O rv ., ~ JP ..N~. 4 • a ~J ~ y ~~~ Fjy ~ --y~ O • ~~j'b ~yy~,,~ o /~, _\\ 9 @•' ' .I }/.~r4 :' ".4-`i 4 9a ~Q 2 :,t 9 8 2 O ~ ,19/ / Q """"rMWtED ~, 1?~'77~~1 Z ~ jCOR PORq>F n iY..`OOaPORq TE;: 1^ ~ ~ 9m~ E '4~^-IEC\_`°S b!`If t"~~~~_,[~Y('+/~~ry' Z i . o - HARTFORD • M4RfF6ND. ~ c D W 1951 ~`• SEA " ° ° CONN. ~~ 2 N 1896 -, ~y ~a ~ a co. ~`;, L,',to3 ~`;SBAL;:s ~, o° 4 < ~y . tir .,r O.C~FANGE al........;~a f d.+... .: 'd 's gar t ~r''/ aw,,,n~~~~»~,,,~ s~~ it ...... *a df ~+ ~ '~ ANt State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 1St day of February 2010 ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~G,TET~ In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 20I 1. ~'°t~eu~s Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNIN HIS POWER OF ATTORNEY IS INVALID WITHOUT THE R ORDER ~ ~ ~ This Power of Attorney is granted under and by the rity of the following resolutions adopted by the Boards ectors of Farmington Casualty Company, Fid!'lit3 ' and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., St. Paul Fire and Mazine Insurance Company, St. Pau] Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanty Company, which resolutions aze now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Boazd of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by [he President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretazies or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Mazine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Skates Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tme and correct copy of the Power of Attorney executed by said Companies, which. is in full force and effect and has not been revoked. 1 IN TESTIMONY WHEREOF, I have hereunto set my hand aztd affixed the seals of said Companies this f ~' day of _~= Liu;'-- ~ , 20 ICJ Kori M. Johann Assistant Secretary ? pA8U9~r , FIRE 6 y ~*µ..~NdG P~ INSUq P~tY ANO Y O r ~y~y,.,,~ * 0 ~ 9i •~ Qom:' b° Gs q~ ~ _~ ~ ~ 1977 ~ -.^'~wutl1 z ~f °~P,,,R fF~ W iCAaPORAT~; ..1~ `v ~ C Q Y s 1951 .SEAL o" ~~' ~O ~ ° C0NM. i N ~ ~ ~,,kSBJiL;i W ° ~ ~~ 6~y • FPS ~ ~ ~J~ Ec° ~y>.......-• aA v.•.., ,; a° >~ p! ANC !~ ANA 1r...._.. „A 6j n~~ Atkk To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer Pag COMPANY PROFILE Company Information TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN HARTFORD, CT 06183 877-872-8737 Old Company Names Effective Date AETNA CASUALTY & SURETY COMPANY OF AMERICA 07/01/1997 back to top Agent For Service KAREN HARRIS 2730 GATEWAY OAKS DRIVE SUTfE 100 SACRAMENTO CA 95833 back to top Reference Information NAIC #: 31194 California Company ID #: 2444-8 Date Authorized in California: 07/31/1981 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT back to top NAIC Group List NAIC Group #: 3548 Travelers Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http : //interactive. web. insurance. ca. gov/companyprofi le/companyprofile?event=companyPr... 3 / 18/2 010 Company Profile ~ ~ Page 2 of 2 DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance http://interactive.web.insurance. ca. gov/companyprofile/companyprofile?event=companyPr... 3/ 18/2010 MEMORANDUM To: From: Subject: ?? ?_,.? David Ream City Manager Date: October 4, 201 O Raul Godinez I1, Executive Director ,_ Public Works Agency -- REQUEST FOR APPROVAL OF CHANGE OR NO. 1 ; PROJECT NO. 10-7503 Contractor: R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92856 Project Description: Bella Vista, Casa Bonita, Central City and Pico-Lowell Neighborhood Street Improvements Change Order Number: 1 Amount: $69,570 Accuount Unit: 13515783 Account: 66220 ,Activity: 10750301028 Original Contract Cost: $2,383,662.59 of Original Amount of The Change Order: $69,570 2.9% Previously Approved -0- -0- Change Orders: Total Change Orders: $69,570 2.9% REASON FOR CHANGES a. At the request of the Community Development Agency's District Manager and to comply with the American with Disabilities Act (ADA), wheel chair ramps will be constructed on Myrtle, pine, Shelly, Walnut and Daisy, and driveways will be reconstructed on Hesperian and Poplar. Since there is no contract bid item to construct wheel chair ramps, this change order provides for construction of wheel chair ramps. AGREED PRICE _ $30,135 Project 10717 RFA Change Order No. 1 October 4, 201 O Page 2 b. Field Condition reveals that Hesperian between Pine and Myrtle has curbs only. Since there is no gutter plate to match the new pavement with, and in order to ensure proper drain adjacent to the curb, a proposed flow line was established and staked. Staking of the flow line revealed that several driveway approaches will be lower than the pavement. This change order provides for reconstruction of these driveway approaches after the street is paved. AGREED PRICE _ $12,758 c. Under a standing agreement, personnel of the County's material testing laboratory have been providing testing for the City's construction projects for years. They tested sub-grade soil, base material, asphalt concrete pavement, etc. However, due to a reduction in work forces, they were no longer able to provide those tests. The City had a backup testing firm under contract but funds in that contract were mostly expended by previous phases of the residential street repair projects. In order to ensure the work be completed according to the project specifications, City staff requested the contractor to retain the services of the testing firm and this change order is to reimburse the contractor for the costs of these services. AGREED PRICE _ $26,497 ? APPROVED AS TO FUNDS AND ACCOUNTS Raul Godinez, 11 ( ? Francisco Gutierrez ?„? Executive Director v Executive Director Public Works Agency Finance and Management Services Agency PROJECTS/C010.7503\ RFA CO 7 .-. ` - :?"'rte _- CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number PROJECT NO. 10-7503 - BELLA VISTA, CASA BONITA Change Order Number 1 CENTRAL CITY AND PICO-LOWELL NEIGHBORHOOD STREET IMPROVEMENTS To RJ Noble Comoanv contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specfications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless othervvise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE a. Construct Wheel Chair Ramps on Myrtle, Pine, Shelly, Walnut and Daisy and Reconstruct Driveways on Hesperian and Poplar per PCO #6. AGREED PRICE _ $30,315 b. Reconstruct Driveways on Hesperian between Pine and Myrtle per PCO #10. AGREED PRICE _ $12,758 c. Pay independent laboratory for testing and inspection services per PCO #9. AGREED PRICE _ $26,497 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number PROJECT NO. 10-7503 - BELLA VISTA, CASA BONITA, Change Order Number CENTRAL CITY AND PICO-LOWELL NEIGHBORHOOD STREET IMPROVEMENTS To RJ Noble Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE ? 69 570 By reason of this order the CONTRACT TIME completion will be adjusted as follows: None. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date o9-2?-io Contractor RJ Noble Compa Title SECRETARY A?provaY Deco"mrf(enc5'ed?`° Date PUBLIC WORK ENCY EX UTIVE RECTOR Approved by Date CITY MANAGER Page 2 of 2