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JOUD CONSTRUCTION CO., INC.
Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk-Recorder IIIIiIIII?IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII?? NO FEE *$ R 0 0 0 5 5 4 5 2 2 9 $ 201300005346010:50 am 01128/13 105415N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USh UNLY 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 c construction of Santa Ana Regional Transportation Center (SARTC) Exterior Improvements q under contract entered into on August 20, 2012 with Joud Construction Company, Inc., on which U c contract American Contractors Indemnity Company is surety. The property on which such work a o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and c W described as Project No. 12-6063 located at: 1000 East Santa Ana Blvd. The work improvement o on said property was accepted as completed on January 17, 2013. J ? W O AN M CIPAL CORPORATION v CITY OF S?W C by ? z ? 2Qi 3 z Q Dated: l City Engineer TITLE 0.' O?D ------------------------------------------------------------------------------------------- W 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 ln??/ ?'? Zvi , at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) 1. THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION CLERK OF COUNCIL USE ONLY: AUGUST 20, 2012 TITLE: CONTRACT AWARD FOR SANTA ANA REGIONAL TRANSPORTATION CENTER IMPROVEMENTS (PROJECT NO. 126063) ? ????? -" CITY MANAGER APP?RO?VED g - 2U_ ?^2 lye sas Recommended/??? ? As Amended ? Ordinance on 1s` Reading (] Ordinance on 2n° Reading ? Implementing Resolution 0 Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Joud Construction Company, Inc. the lowest responsible bidder, in accordance with the bid quantity prices in the amount of $91,170 for construction of the Santa Ana Regional Transportation Center Improvements. 2. Approve a funding analysis with a total estimated construction cost of $118,519. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is the focal point of transportation in Orange County with an overall estimated weekday visitor count of 2,995 a day. Built in 1985, the SARTC's Spanish-style architecture is complemented by an outdoor courtyard and viewing decks adjacent to the train platforms. Due to age, weather, and high usage the balusters of the staircase and viewing deck along the south end of the courtyard have become deteriorated and are in need of replacement. Work includes the removal and replacement of the pre-cast concrete caps, bases, and balustrades, forged steel handrails, and warning striping on stair treads. All work will bring the stairway and deck balustrades in compliance with the 2010 California Building Code and Americans with Disabilities Act guidelines. Bids were opened on July 23, 2012. A summary of the bid invitations mailed, the bids received and the bid results are as follows: Contract Award for SARTC Improvements August 20, 2012 Page 2 Contractors requesting bidding documents Santa Ana contractors receiving notices: Total bids received: Bids received from Santa Ana contractors: NAME OF RESPONSIVE BIDDER 1. Joud Construction Company, Inc. 3 13 1 O CITY BASE BID AMOUNT Corona $91 ,170 The Engineer's estimate was $85,313. This was a rebid of the project originally opened May 30, 2012 which was withdrawn due to insufficient advertising. The original bid opening resulted in six bids with the lowest bid being $98,700. With this rebid, bid notices were mailed out to the same contractors as before. Only one bid was received and it is deemed responsive; therefore it is recommended that the City award the contract to the sole bidder, Joud Construction Company, Inc. in the amount of $91 ,170_ ENVIRONMENTAL IMPACT Environmental Review #ER-2012-48 has been completed and a Notice of Exemption has been filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $118,519 for the project (Exhibit 2). Funds are available in the Depot enterprise (accounting unit 06717650-66200). APPROVED AS TO FUNDS AND ACCOUNTS: ?c?c?mr??,1 1 \_?_. ? ?? ?`'' Raul odi z II Francisco Gutierrez -? '''? Executive irector Executive Director Public Wo s Agency Finance & Management Services Agency RG/KW Exhibits: 1 . Project Location Map 2. Funding Analysis U¢ ?I J srwwwaRO sT g ? ? Q a Q w CC (? t L ?'?fO ? LEGEND PROJECT LOCATION EXHIBIT 1 Z J p `? ??t? V? O sTwwFORO sT GRVIT ST SANTA ANA l^ AGENDAOUNC I L T I TLE ¦ CONTRACT AWARD FOR SANTA ANA REGIONAL TRANSPORTATION ?DATE¦ CENTER EXTERIOR IMPROVEMENTS "g'"'°'"? °?'?• August 20, 2012 c PROJECT NO. 1 26063 ) Exhibit 2 FUNDING ANALYSIS PROJECT NOS_ 126063 SANTA ANA REGIONAL TRANSPORTATION CENTER IMPROVEMENTS Construction Contract $ 91 ,170 Contract Administration $6,837 Inspection and Testing $6,837 Contingencies $ 13,675 TOTAL ESTIMATED CONSTRUCTION COSTS $118,519 THE REGISTER 625 N GRAND AV E, SANTA ANA, CA 9270'1 Telephone (714) 796-7000 /Fax (714) 796-6069 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: SARTC Exterior Improvements 1 am a citizen of the United States and a resident of the State of Californla; I em over th¢ age of eighteen years, and not a party to or interested in the above entitled metier. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by [he laws of the State of California by the Superior Court of the County of ORANGE, Slate of Californla, under dale 11/19/1905. Case No. A21046. Thal the notice, of which the annexed is a printed copy, has bean published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dales, to-wit: CANpS#: 234302p5$ ND'11?5 VTNYB' afVEN that the Glly of Sanle Ane. Gelllomla well receive et Cityy Hell-Rosa Annex, (M-38)? 20 Civic Center Plaza, sanle Ana, Califomie 92701, lba Pub o Wo Aoo v Third P o?[le InTt on or e Oreb r tll M1e wr oT? p.m. on July 23, 2012 sealed bltla and/or prop??als to PROD EGT 12-6063 SANTA ANA gEGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS Notice Is M1eraby given BIDDERS that in 0xwtlance wIN the provisions of [he Calllomia Labor Cotle, net 1e66 than the'prevalling rare cre?otli' epee for each ype of worker entl rnachanlc nestled Ip er.eale lM cOnM1ecl In Ilro loc?llry In which lM work le to be pperformed, erw net lace titan the general prevailing role of per diem wepes for holiday entl overtime work ea determined by the DlreCtdr of Intlustdel Raledons of me Slate of Cellforrlie spell be ppaid to all workers a loved. Each bid shell be or bid bond Issued by a Here surety, for en Int not lase Wren ten mt (10 e) o/ Ne Id bond Musr be apace ror riling stamp only Counter Business Hours are 9:OOem to 9:oopm, MaheYY thru Thursdayy. Cell the PWA Protects MTOrmatlon Lltla e< 714 69 75 8 60 for evalleblliry of CDs. To request a GD Dy rttall, We Contractor mull submit an email request to SBRr10Uf®6an1a-ana.Org bid roHtle the bllowing P tonnerlon: Company name, rnalling etldreas, phone nunber, FedEx e¢ount, arW ertvll Sublect needing: CD Raq rt Ior PROJECT 12-6063 SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS[ Checks ere o Longer acoeptetl. Atltlentla will be I6a UBd by arnell LO ItWCa who received CDs tllrecUy Imm lha Public Worker Agency DO NOT CALL PURCHASING DIVISION AEGARDN9G PUBLIC WORKS AG ENCy PROJECTS. 7/6, 7/9/12 CNS-2393025e THE REGISTER Gpuncil reserves to reject any or all ccessrul BIDDER :aesc? or obtain e lorrue Cleas A, a o actors Iloensa prior 1BtlUled 6wertl dale 07/08/2012, 07/09/2012 Executed on: 07/09/2012 At SANTA ANA, Californla 1 certify (or declare) and err penalty of perjury that the fo goin is true and correct. on L-D. PWA 11111111 II I VIII VIII VIII VIII II II VIII III I IIII VIII VIII VIII IIII IIII ? A 0 0 0 0 0 2 7 2 6 9 3 5 ?o 0 ?? ?a M N ?v a?? to ? ? ?- ?? ??? ? ?? ? ? ? ? ? ? ? ? ? ? ? ? ?, ????,? ? ? _-? ? ? ? ? ?0. ? ? ? o v ? ? ? ?? ?? ?? ??? ? of ?, ? ? ? ? ? CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL 8L CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL(' OF THE CITY OF SANTA ArNA 1 ?^ FROM: ?d lJ?-CX ? (J 5??. ? ? Vl? ? IN ?-?J • ? 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, 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. Demolition LS 1 $ $? 2. Patch and Repair LS 1 $ $? ?? 3. Cast-In-Place Concrete LS l $ $?1 - (7 ? .J-? " 4. Pre-Cast Architectural Concrete LS 1 $ ? /? ?? ? $i.?,? / - t ? -•? 5. Decorative Forged Steel Handrails LS 1 $ $ ? 6. Water Repellents LS ] $ $??©Q 7. Portland Cement Plaster LS 1 $ $? ?i? 8. Painting and Coating LS 1 $_ $??? 9. Misc. Allowance On Time and LS 1 $ 10,000 $ 10.000 Material Basis 10. SCRRA `F/ee ?-1. LS 1 $ 1.000 $ ITS TOTAL BID---/?!??? OY! ? •n.OU.Sarr-d? ?nt_?iu?ndvr?l sevrr? $ 4? rIZO? TO BE INCLUDED IN BID PACKAGE BP 1 of 13 PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL 8c CONTRACT AGREEMENT BiD PROPOSAL, continued $- l?O • GYM TOTAL BID-? ?i h ? UB?sYlOq ?Yl:? ?f1Use?!'? / PROJECT 12-6063: SANTA ANA BIDDER REGIONAL TRANSPORTATION CENTER Firm T ? ? ? `?? EXTERIOR IMPROVEMENTS ?J yl?d ?NS ??Ar? c-y?J L, Address `-I ? ,? ??ri.a, c? ?zs Phone p? 5 I - 7 3 N - ? ? 23 Fax q51 -?3N-5``?1C Email ? O-ill-t7i1 I ? \ [)tAl?'Cs? BIDDER Signature TO BE INCLUDED IN BID PACKAGE BP2of13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB-CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; ''/2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: '/_% of the bid B[DDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION Iat?\ ?,,., pk,\\?oc g1C1 PHONE ctpq _ b7_L7 _ A4S0-l TYPE OF WORK Q.o ?\C?- $? NAME O LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ Name of Firm Submitting Bi Signature of NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ BP3ofl3 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL c4z CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and 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 BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under-the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm ??L?? ???w???? ?c???L Signature of ,, / ,_ BIDDER ???>% Title ?(L ? \ Qf? 1..) ?:?? (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP4ofl3 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (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) Awarded to Q[?v?.?. ?,-.V,??in7 rte-. ?? on the basis o owest responsible and responsive bidder in the amount of $ q ? . ? ?? ATTEST: CLERK OF THE COUN APPROVED AS TO FORM: .' CITY ATTORNEY ACTION OF COUNCIL: Date ?_ ?? ?") 20 ? rL CCEP D FOR THE CITY OF SANTA ANA: ??/?l ?EXEC IRECTOR YUBLIC W KS AGENCY BPS ofl3 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR 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: 1 . 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, 1 965, 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 1 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 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 PACKAGE BP6of13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR 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) 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 the penalties imposed for a violation of the Chapter. Signed 1?2?5 ? c? Title __ \\ //?? Firm ? a ? ?? ?? N ?.O•? )L Date '-1 / 9_f?I / ? 7 TO BE INCLUDED IN BID PACKAGE BP7of13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section ] 860 and 1 861, 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 ?j/ Title ? (L?rj\` \ r\ ?7? ? /? Firm ? lJ`C? C a 1? ? 1(L.IA_ ? C"7hJ C -?A ? C Date ? / 2'g / 1'? TO BE INCLUDED IN BID PACKAGE BP8of13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1 • o LGL (.? N C Name a d ress of O n r. Name and Telephone Number of person amiliar w'th pro?ec ? ' ?` ?/ c?7? Contract Amount Type of Work ? atD?e o p eted 2. Name and Address of owner. Name and Telephone Number of person familiar with project. • Contract Amount Type of Work Date Completed 3 Name ana .vaaress or owner. Name and Telephone Number of person familiar with project. 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. ? 1?L? ?IA.V ,L,?,e. ?l?? 61,•?1?Nc-,-1 310 C?4JzL?fct-l KM?}-? . ?2Q,/??YIY,7C ,?.,,v, °? o? -25(v -7 5 Z S ??? TO BE INCLUDED IN BID PACKAGE BP9ofl3 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 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 Title TPA ?jl \ ?I?Cj?f?Tl' /<%? \ /' - Firm ? (7l 1? l?Y C_ ? ? ?11?.1.L_L??`l7 Y?J l?• Date TO BE INCLUDED IN BID PACKAGE BP 10 of 13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS 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 1 l2 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed ? ?i-? State of Cali nia °?l? County of lJQ Sy?ljscribed an sworn to (or affirmed) before me on this ? day of _??G?, 20_ by y?Ui/e? / ,proved to me on the basis of satisfactory evidence to b°°e ?-t?-he?Tperson(s) who appeared before me. Notary Public Signature COL?TTE L. GORDON COMM. #1943282 z °? Notary Public -California o ? Riverside County M Comm. Ex fires Au . 4, 2015 Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 11 of 13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the. work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (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 compensatior?oh he/she is otherwise entitled. Signed Title 'T?Q ? `j\ !.1 ?c tJ? ( ? /? Firm ? )/'? ?L /^\ ??s-? ti? L T?? 1 (" ? i1,_? f n, _ ? 1/ Date TO BE INCLUDED IN BID PACKAGE BP 12 of 13 CITY OF SANTA ANA PROJECT 12-6063: SANTA ANA REGIONAL TRANSPORTATION CENTER EXTERIOR 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: ?? Business Address: ? y 8 ? ?p ti.? pN f? {?,? ???? ?tJ]22?/J? fit'-?Gg?Z Telephone: ? ? 1 -??jl--? rZ? State Contractor's License No. and R 2 1 J li? Class: Expiration I Date: Signed: Title: TO BE INCLUDED IN BID PACKAGE BP 13 of 13 1 l'1412F311 15: 74 /675641856 BOP1L EPECI:3LIST PGiaE 71 80NTJN0_ ASIC-12-03 PREMIUM INCLUDED IN BBSU? HID DATE- July 23,2012 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, .IOUD CONSTRUCTION CO._ INC. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company a corporation, organized and existing under the laws ofthe State of CA and authorized to transact a general surety business in the , State of CA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF SANTA ANA (hereinafter called Obligee) in the penal sum of Ten** percent (? 10 %) of amount bid not to exceed **Ten "Thousand Dollars** ---- --------------------------------------- - -- Dollars ($ 10,000.00 for the payment of which the Principal and the Surety bind themselves, their heirs, ex ators, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUIGATION IS SUCH, That, whereas the Principal hz ;ubmitted or ig about to submit a proposal to the Obligee on a contract for Santa Ana Regional Transportation Center Exterior Improvements per Project #12-6063 NOW, THEREFORE, if the. Said contract be awarded to the Principal and the Principal shall, within such time as may be f specified, enter into the contract in wTiting, then this obligation shall be void. If the Principal shall fail to do so, then the # i undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum ofthe bond. d i 1 SIGNED, SEALED AND DATED THIS 19 DAY OF July 2012 - 4 f Joud Construction Co., Inc. -PRINCIPAL By= i American Co He Company 13y: Marcia D. Smith Attorney-in-Fast CAL?FORN?A ALL-PURPOSE ACKNpWLE?GMENT State of California County of RIVF'RSIDE On 7// -3?/?- before me, PATTI BARNES NOTARY PUBLIC Date YbYre bran Neew and True of ute Oflloar personally appeared MARCIA D. SM2TH s) a who proved to me on the basis of satisfactory evidence to be the personj4 whose namab* islaffa subscribed to the within instrument and acknowledged to me that >16/shel( executed the same in DFs/her/ttlT?? auth i d NES PAjt? eP# ,g"p9\$ z ?a or ze capacity("), and that by Pro/heNttjt/(z signature(s) On the ? Go mt?'Stbtc ca?t?o« ?r\cy ? 4 P? instrument the personW, or the entity upon behalf of which the person acted executed the inst .tde Co 9 20 No acy ? Pt?tscs ,. is Oc?2 ?? , rument. ? 2 a -_F o ? ? ort`m ExP• I certify under PENALTY OF PERJURY under the laws z,>.,?crv of the State of fifomia that the foregoing paragraph is ?.-? true and correct. W. I NESS/rny nd nd off" al seal- a? Nets y sa, •b- Signatu - Sipr - of Ncbaty P.M. OPT/ONAL __ tha mould below is not rsqu/rad by law, it may prow Though to parsons rolyfnp on the document and u®talB pm~t lnaudulant rMrnow/ and nannachrnenl of MHS loa t Description of Attached Document n o another document. Signer(s) Other Than Named Above; Title or Type of Document: Document Date: Number of Pages; Capactty(ies) Claimed by Signer(s) Signers Name: Marcia D Smith Signers Name- O Individual O Individual Q Corporate Officer -Title(s)= Q Partner - Q Limited Q General Q Corporate Officer -Title(s): Attorney in Fact O Partner - O Limited Q General Q Trustee Top of thumb here Q Attorney in Feet !] Guardian or Conservator Q Trustee Top of thumb here Q Other: O Guardian or Conservator Q Other- s- nay Is Repiegentirtg /• ? Signer Is Representing: a T-Z 02DD) Naprrrml Dloray .9.'iO Do gob Aga., P.Q BOi 2a0Y-p+?vtl?.u 91ata-2w62. r?wr Nab M r ?bt?yap rtam lCfYiD7 rasuoerm TaM1R-etaOD61e-9?r POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PIRESENTS: Tlhat!;Amer¢an Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland ¢orporation and''. U.',9.?'Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents `make, constitute and appoint: Marcia D. Smith of La Quinta, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more •than one is. nanl?d': above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bands, recognizances, undertakings or other instruments or contracts of suretyship to. include riders, am?Ildtrte?nts, andc©nsents of surety, providing the bond penalty does not exceed *****One Million*****' ' Dollars ($ ** 1,000,000.00** ), This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Yice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or morelsuitalble persgtts dts aptigratey(s}in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authprity for amd in [he'natne of and on beha1F of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indethnity and other conditiortal or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability [hereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and efFected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixeda,o any power of attorney or any certificate relating thereto by Facsimile, and any power of attorney or certificate beating facsimile signature or !F2lgstmiile', seal shall Jbe va13d and-binding upon the Company with respect to any bond or undertaking to which i[ is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 201 1. AMERICAN CONTRACTORS INDEMNI ?, JITIITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY TV COMPAPi?Y Corporate Seals *? ,?, i ???/?L By: ,? -??_ Darnel P. Aguilar, Vue Prestdent . atsaell? State of Cahfornta County of Los Angeles SS: On this 3`d day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and thatby his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrtitirtent.: I certify under PENALTY OF PER.IU!RY 'under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal oeiaa? e ?Yer ? ffNON Signature _,/????, ./C«".t-?- (Seal) ??' ?s Geruw •?Yr7 10}6 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company,:United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a trove and -correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boazds of Directors, set out in the Power of Attorney are in full force and effect. In Witness er f, I have hereunto set my hand and. affixed the seals of said Companies at Los Angeles, California this ? day of , Corporate Seals ?tl ?SJ Bond No. ?S?C-!a -?? .''SEAL. ? .Jeannie Lee;' sistant Secretary Agency No. 16758 MEMORANDUM To: From: Subject: Paul Walters City Manager Date: December 17. 2012 Raul Godinez II, Executive Director Public Works Agency Project No. 12-6063 Santa Ana Regional Transportation Center Improvements Change Order No. 1 Contractor: Joud Construction Company, Inc. 1485 Pomona Rd. Suit G. Corona, CA 92882 Project Description: Santa Ana Regional Transportation Center Improvements Change Order Number: 1 Accounting Unit-Account-Activity Number: 06717650-12606301028 Original Contract: $ 91 ,170.00 Amount of This Change Order: $ 4,585.55 Previously Approved Change Orders: $ O Total Change Orders: $4,585.55 REASONS FOR CHANGES of Original 5.0% O% 5.0%' EXTRA WORK AT AGREED PRICES This project is for the removal and replacement of the existing balusters at the courtyard viewing deck and south side stairwell at the SARTC. During the progress of the work it became evident that there was an existing leak in the stairwell causing water damage to the facility below. This change order accounts for all labor and materials necessary for repairing the cracked concrete landing and sealing the entire stairwell with masonry sealant. Agreed Price $4,585.55 Project 12-6063 Request for Approval October 4, 2012 Page 2 of 2 of Change Order No.1 APPROVED AS TO FUNDS AND ACCOUNTS: Ra , Godinez II, Executi Director Public Works Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency K:\construction\projects\t 2-6063\MEM RFA CCO #Ol CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project ? 2-6063; SANTA ANA REGIONAL TRANSPORTATION Change Order Number ? Number CENTER IMPROVEMENTS To JOUD CONSTRUCTION COMPANY, INC. Contractor You are hereby directed to make the herein changes from the plans and spec cations 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 EXTRA WORK AT AGREED PRICES Repair cracked concrete landing and install 350 SF of masonry sealant in stairwell as directed by City of Santa Ana PCO #02 dated ?'I/29/20'12. AGREED COST = $ 4,585.55 Page ? of 2 CITY OF SANTA ANA _ ? `` PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project 12-6063; SANTA ANA REGIONAL TRANSPORTATION Change Order Number 1 Number CENTER IMPROVEMENTS To JOUD CONSTRUCTION COMPANY. INC_ ConVactor 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 COUNCILOR 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 pertormed 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 $ Q 585.55 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Fifteen (15) Working Days We the underelgned conVactor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish ell materials, except es 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 ? 2 ?? 12 contractor Joud Com an Construc ? n, Inc. By - Title ?J? ... '.r Approval recommended by Date ? ? ? yV ? ?? '. PUB WORKS AGENCY EXEC E D ECTOR i Approved by -. ? ? ? ?-?- Date ? / ? CITY MANAGER ! , Page 2 of 2