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R. J. NOBLE COMPANY (7)
Recording Requested By, Recorded in Official Records, Orange County And when Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk of the Council,City of Santa Ana I I�� 20 Civic Center Plaza,P.O.Box 1988 I I I+ lull !I II II NO FEE $ + Santa Ana, CA 92702 0 1 0 1 9 7 9 7 2 $ * 20180002445671:51 pm 07/03/18 227 417 N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY 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, Califor ia, 92701, is the owner of the property hereinafter described, that said owner has caused a construction of WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENT under contract entered into on JUKE 21, 2016, with R.J. NOBLE COMPANY, on which U A contract PATRIOT RISK INSURANCE SERVICES is surety. The property on which such work o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and o described as Project No. 16-6868 located at: WARNER INDUSTRIAL COMMUNITY. The 02 work improvement on said property was accepted as completed on APRIL 17, 2018. .j O CITY OF S A, A MUNICIPAL CORPORATION � v by zDated: Z Princi -ivil Engineer-Tyrone Chesanek TITLE Oa ------------------------------------------------------------------------------------------- Wa a VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I 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. I Ca Executed on .Iu Lg:�? ,at Santa Ana, California (Signature of individual Baring that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: .LUNE 21, 2016 TITLE: AWARD CONTRACT TO R.J. NOBLE COMPANY FOR CONSTRUCTION OF WARNER INDUSTRIAL COMMUNITY ROADWAY IMPROVEMENTS (PROJECT NO. 16-6868) (STRATEGIC PLAN NOS, 6, 1B; 1G) CITY MANAOER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2nd Reading L-1 Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to award and execute a construction contract to R.J. Noble Company, the lowest responsible bidder, in accordance with the bid in the amount of $3,946,915, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Warner Industrial Community Roadway Improvements, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $5,306,915, which includes the contract base amount, administration, inspection, testing, and an authorized construction contingency of approximately 15 percent, in the amount of $600,000, 3. Amend the Fiscal Year 2013-14 Capital Improvement Program and approve the reallocation of $984,885.84 In Measure M2 Local Fair Share funds (Project # 14-6812). 4. Amend the Fiscal Year 2014-15 Capital Improvement Program and approve the reallocation of $748,529.16 in Measure M2 Local Fair Share funds (Project # 15-6839). DISCUSSION Since 2011, property owners within the Warner Industrial Community (WIC) have been working in partnership with the City to establish an Assessment District (AD) that would fund roadway improvements within the WIC boundary (Exhibit 1). The pavement has deteriorated due to weather, age, heavy usage, and poor drainage, and needs reconstruction, The proposed improvements include the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, driveway approaches and Americans with Disabilities Act curb ramps. Once completed, these improvements will extend 23A-1 Contract Award —Warner Industrial Community Roadway Improvements June 21, 2016 Page 2 the life of the pavement and enhance the ride quality, surface drainage, and appearance of the community area, A Notice Inviting Bids was advertised on October 17 & 22, 2015, and bids were opened on November 3, 2015. The summary of the bid invitations mailed, bids received, and bid results is as follows: Contractor Participation Data Bid Results Summary A total of five bids were received and all five were considered responsive. R.J. Noble Company submitted the lowest responsive bid in the amount of $3,946,915 (Exhibit 2). R,J. Noble Company's bid is comparable to the Engineer's Estimate of $4,100,000. Based on a bid analysis and a contractor's performance reference check, staff recommends awarding the construction contract to R.J. Noble Company (Exhibit 3). Project Delivery Cost Due to the circumstances surrounding this project and the required coordination with the water and sewer main replacements project, staff recommends a $600,000 construction contingency be authorized. Therefore, the estimated total delivery cost of this project will be $5,306,915, which Includes construction, contract administration, inspection, testing, and the construction contingency (Exhibit 4). Amendments to the FY 2013-14 and FY 2014-15 Capital Improvement Programs are needed to make available sufficient funds for the City's share of the project costs. Since no expenditures of Measure M2 Local Fair Share funds have been incurred, the monies in the amount of $984,885,84 from the Local Street Preventative Maintenace FY 2013-14 (Project No. 14-6812) and $748,529,16 from the Local Street Slurry Seal FY 2014-15 (Project No. 15-6839), previously identified In the 23A-2 Contract Award — Warner Industrial Community Roadway Improvements June 21, 2016 Page 3 Capital Improvement Programs for FY 2013-14 and 2014-15, respectively, are available to be repurposed and transferred to this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy t3 (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan [e.g., neighborhood streets, traffic improvements, etc,]). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review, Categorical Exemption Environmental Review No. 2016-59 was filed for this project, and a Certification of Categorical Exemption and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act, FISCAL IMPACT This project will be funded through a partnership between the WIC Assessment District (bonds serviced by assessed property owners) and the City. The following table summarizes the funds for construction; transactions will be taking place during FY 2016-17 at the time of issuance/closing of the bond: 23A-3 Contract Award — Warner Industrial Community Roadway Improvements June 21, 2016 Page 4 As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $5,306,915, which includes construction, contract administration, inspection, testing, surveying and contingencies. The City's share of the project costs is $3,133,415. Upon approval of the requested amendments to the FY 2013-14 and FY 2014-15 Capital Improvement Programs, $1,733,415 will be available in the Measure M2 Street Construction Fund (Account No. 03217662-66220) for expenditure in FY 2016-17. The remaining $1,400,000 will be budgeted in FY 2016-17 Capital Improvement Program in the Measure M2 Street Construction Fund (Account No. 03217662- 66220) for expenditure in FY 2016-17. The resolution to issue the WIC Assessment Bonds will be presented for approval in a separate Council action. Upon approval of the bond issuance, the Property Owners' share of $2,173,500 (assessment prepayments and bond principal) will be made available for expenditure from the Special Assessment District Capital Improvement Fund (Non -City Contribution), Warner Industrial Assessment District expenditure account (No. 14917660-66220). A Notice to Proceed will be issued after confirmation of the receipt of funds into the appropriate project accounts. Construction is scheduled to begin in fall 2016. APPROVED AS TO FUNDS AND ACCOUNTS: k—,— Ocutive avipour Francisco Gutierrez Director Executive Director' Public Works Agency Finance & Management Services Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 2.3/01-4 it D ^ I LEMD M PROJECT LMSe AV H CAI IN MAYWOOD AV APS BC C&MML AV ADAMS RT Cf31WL AV WARNER1+{6-6868 COMMUNITY ROADWAY IMPROVEMENTS i COST ANALYSIS PROJECT NO. 16.6868: WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS Construction Contract $ 3,946,915 Contract Administration $ 442,809 Inspection and Testing $ 317,191 Contingencies $ 600,000 TOTAL ESTIMATED CONSTRUCTION COSTS $ 5,306,915 EXHIBIT 4 23A-35 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 24,000 Cy 2 Asphalt Concrete 47,000 TN 3 PCC Cross Gutter (T=8") 1,300 SF $ -7. z se - 4 PCC Curb Ramp * 10,500 5 PCC Driveway Approach (T=811) * 10,600 SF $ g , 3 0 $ iS 1, It Rel . Ci y 6 PCC Sidewalk * 7,300 SF i7,9Go.c>o 7 PCC Curb and Gutter (A•2.8) * 13000_ 8 PCC Longitudinal Gutter (T=8") * 7,200 LF 9 Root Shave 40 EA 10 Adjust Manhole Frame & Cover to Finished Grade 100 EA $ 3so.= $ 11 Furnish and Install New Water Valve Frame & Cover to Finished Grade 120 EA $ ¢ $ l 8, ° c' o • v G 12 Adjust Pullbox to Finished Grade 5 EA $4-!7V.Vc $ Z 24;n.e,p 13 Traffic Loops 30 EA 14 Construction Sign 7 EA P-1 of P-16 TOTAL BASE BID I$ 1, q 4- 6, y o S, 0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual 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. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ei h 80) workin¢ days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within t i 30 wqr—king days after issuance of a Notice to Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Stl�Specificatinns,-shall..be_$.7.,700-pe"alendar-da,y- Name of Firm R.J. NOBLE COMPANY Signature of BIDDER Title STEVE MENDOZA, SECRETARY (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) PLEASE SEE ATTACHED P-2 of P-16 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 Signing and Striping 1 LS $ 3v,000. cr $ 3 o.000, ue, 16 Survey Work 17 SWPPP(RiskLevell) I LS r✓' $ TOTAL BASE BID I$ 1, q 4- 6, y o S, 0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual 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. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ei h 80) workin¢ days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within t i 30 wqr—king days after issuance of a Notice to Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Stl�Specificatinns,-shall..be_$.7.,700-pe"alendar-da,y- Name of Firm R.J. NOBLE COMPANY Signature of BIDDER Title STEVE MENDOZA, SECRETARY (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) PLEASE SEE ATTACHED P-2 of P-16 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero October 29, 2015 ADDENDUM NO. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY P.O. Box 1988 M-36 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 16-6868: WARNER INDUSTRIAL COMMUNITY PAVEMENTIMPROVEMENTS The following clarifications have been made for the subject project: Pre -Bid Conference 1. Notes from Pre -Bid Conference held at City Hall - Ross Annex, Third Floor, 20 Civic Center Plaza, Santa Ana, CA 92701 on October 27, 2015 at 9:00am: • What is the scope of work and project area? The project area includes 3.25 centerline miles (approximately 840,000 square feet) of local industrial streets located east of Harbor Boulevard, west of Fairview Street, north of Segerstrom Avenue, and south of Edinger Avenue. The scope of work includes reconstruction of asphalt pavement, removal & replacement of Portland cement concrete curbs, gutters, sidewalks, driveway approaches, & curb ramps, adjustment of surface utility covers to finished grade, signing & striping, and installation of vehicle detection loops. • What is the engineer's estimate? The engineer's estimate is $4,100,000. • When will the project be awarded? Bids shall be valid for 180 working days after the opening of the bids. The award, if made, will be made within this time period. Construction of the project is contingent upon (a) the formation of an assessment district under the Municipal Improvement Act of 1913 (Division 7 of the California Streets and Highways Code), which will require approval by the owners of the affected property of the levy of assessments pursuant to an assessment ballot procedure that will commenced after the receipt of bids and SANTA ANA CITY COUNCIL Miguel A. PulitloUncent F. Ssan lento Michele Martinez j Angel ice Amezcua P. David Beni I Roman Reyna Sal Tini Mayor Mayor Pro Tem, Ward 1 Ward Ward3 Ward Ward Ward MPulitlo(olaente-ena.orc VSarm'anto(�sanla-ana ora MMartinezColsantaane ora AAmezcua(el me-anaom Deenav des(rDsanta-ana oro RRevna(o)santa-ana oro ST'na'eronsanta-ana oro PAGE 2 ADDENDUM NO. ONE PROJECT NO. 16-6868: WIC PAVEMENT IMPROVEMENTS determination of the lowest responsive, responsible bidder and (b) the issuance and sale of limited obligation improvements bonds (the "Bonds") for the assessment district to be secured by such assessments. The issuance and sale of such Bonds is anticipated to occur in June 2016. • How will construction be phased? Access to each business must be maintained at all times; therefore, construction may occur during nights and weekends as directed by the Engineer. Excavation of existing pavement and base paving shall be completed within 24 hours; therefore, construction may be phased in block segments as directed by the Engineer. For bidding purposes, the Contractor shall include the aforementioned constraints in the various bit items and no additional compensation will be allowed therefore. • What are the conditions of the project labor agreement between unionized and non -unionized workers? The City of Santa Ana does not have any union requirements. 2. See attached pre-bid conference sign -in sheet. All other terms and conditions remain the same. FOR THE CITY 0,F -SANTA ANA Edwin "William" Galvez, P.E. City Engineer SANTAANA CITY COUNCIL Miguel A, Pulidoj Vincent F. Sann lento i Michele Martinez Angelica Amezcua P. David Banavitles Roman Reyna Sal Tinajero Mayor ; Mayor Pro Tem, Ward 1 Ward i Ward WaM4 I Wartl5 Wartl6 MPulitloCdsanta-ani V3armentm5santa-aneoro MMartnezasanta-amara AAmezcua(u)santa-anaom i DBenavidesr&,sante-anaorg RRevna0santa-ani STinaero23santa-anaoru THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 /Fax (714) 796-6059 (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Warner Industrial Community Pavements Impw This space for filing stamp only CITY OF SANTA AIA AMENDED NOTION HIM"* NIDA Pro ecl No.: 1&eBBa WA ER INOUBTRIAL COMMUl PAVEMENT IMPROVEMENTS or I am a citizen of the United Stales and a resident of the State of California; I am der over the age of eighteen years, and not a party to or Interested in the above pass entitled matter. I am the principal clerk of the printer and publisher of the THE the � REGISTER, a newspaper published in the English language in the city of The 1 SANTA ANA, county of ORANGE, and adjudged a newspaper of general aid. circulation as defined by the laws of the State of California by the Superior Ivn�c Court of the County of ORANGE, State of California, under date 11/19/1905, meed, Case No. A21046. That the notice, of which the annexed is a printed copy, has ilo� been published in each regular and entire issue of said newspaper and not in s nt of any supplement thereof on the following dates, to -wit: der 10/17/2015,10122/2015 Executed on: 10/22/2015 dl At SANTA ANA, California The such occur I certify (or declare) under penalty of perjury that the foregoing is true and The 1 correct. serve Signatur MA1tl 'The successful bidder will be a bond raired va furnish the City with Payment end Padorm- once Bonds equal to iea%of for 180 the Contract Price. Bond. a open- shell be on the bnne Indud. 8 ad in the Contract Doeu- �w,Bbti Marta, un. ncn- a in Is CODE: Call bid a possessor'obteln a cy ane shall be made availa- C.IBomla Claes "p' bis to any Interested party s.. on raqui tllllllnlllillll II IIIIIII� II III III I I II * A 0 0 0 0 0 3 9 0 4 2 3 9 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmlantc COUNCIL MEMBEF Angelica Amezew P. David BenavidE Michele Martinez Roman A. Reyna Sal Tinajero S POT APR 2 9 21016 Recorded in Official Records, Orange County 11111 IIII11111111111111111111111111111111111111111111111111111111111re NO FEE * $ R 0 0 0 8 3 3 8 4 6 4 $ A 2016850004261:13 pm 04/29/16 323 304 701 D.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING R BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973.1461 w v Santa-ana.org NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 City Project #16-6868 Santa Ana, CA 92702 Project Title: Warner Industrial Community Pavement Imp Date of Approval: 06/21/2016 ProjectNumber(s): PWA -2016 -516 -CITY Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2016-59 Project Description: Rehabilitation of deteriorated facilities to meet current standards of public safety. Applicant Name: Kenny Nguyen, City of Santa Ana Public Works Agency Applicant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: El Categorical Exemption: 15301(d) Reason(s) Why Project is Exempt From CEQA: 15301(d) consists of repair of existing public facilities. City Contact: 'n Kenny Nguyen Signature; aiL Nguyen, Kenny r -IL APR 2 9 20416 ORANGE Q VNTY C4eRKti2eg01ink'.N 0E9ARTEtENT Telephone: (714) 647-5632 Title: Date; km 16 2016 CITY OF SANTA ANA l CONSTRUCTION CONTRACT AGREEMENT ®�• Pw'AfC?! PROJECT NO.: 16-6868 Vd rtdb ()aa WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 7t" day of June, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and R.J. Noble Company, hereinafter refereed to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Warner Industrial Community Pavement Improvement Project, hereinafter referred to as the "Work of Improvement", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • SpecIal Provisions • Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $3,946,91.5.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A", The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. I of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS 4. CONTRACTOR agrees to complete the Work of hnprovement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including conunencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CON'T'RACTOR shall, after award of this Contract, funiish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. n 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS IN WITNESS WHEREOF, the panties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY _ 4�o-s6 Sandoval Lehief Assistant City Attorney 3 of 3 CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: h �a__ Ked Mo savipo r Executive Director, Public Works Agency CONTRACTOR: R.J. Noble Company By; x Title: STEVE A NDO SECRETARY CITY OF SANTA ANA PROPOSAL - PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 24,000 CY $ 25 2 Asphalt Concrete 47,000 TN 3 PCC Cross Gutter (T=8") * 1,300 --§-F--$ '7- 2-,-; 4- 2 s' n 4 PCC Curb Ramp * 10,500 SF $ 4t . S 'S $ qv, t 7 5 . o rry 5 PCC Driveway Approach (T=8") * 10,600 SF $ 3 c $ Q-7 -11V u 6 PCC Sidewalk 7,300 SF 7 PCC Curb and Gutter (A-2-8) * 1,300 LF 8 PCC Longitudinal Gutter (T=8") * 7,200 4 9 Root Shave * 40 EA 10 Adjust Manhole Frame & Cover to Finished Grade 100 11 Fumish and Install New Water Valve Frame & Cover to Finished Grade 120 EA $ e1 u -o, 12 Adjust Pullbox to Finished Grade 5 13 Traffic Loops 30EA $ v 0 0 , , ., $ G v o 14 Construction Sign 7 EA $ I ou r1 oS 7,cco. r>e P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 Signing and Striping 1 LS $ $ 3 emoco, yv 16 Survey Work 1 LS _$41,_ urc. $ c 17 SWPPP(Risk Level l) _ I LS �O S,Jtirp' fJc� $ TOTAL BASE BID 1 $ , `14 &, e{ I s . cs a The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-altemate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) working dates after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within thirty (30) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $7,700 per calendar day. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER Title STEVE MENDOZA, SECRETARY v (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) PLEASE SEE ATTACHED P-2 of P-16 ASPHALT PAVING • ENGINEERING CONTRACTORS LIC. A-782908 R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 15505 E. LINCOLN AVENUE ORANGE, CA 92865 CORPORATE OFFICERS: MICHAEL J. CARVER, PRESIDENT CRAIG PORTER, VICE PRESIDENT STEVE MENDOZA, SECRETARY KASONDRA CARVER, ASSISTANT SECRETARY AUSTIN CARVER, ASSISTANT SECRETARY JAMES N. DUCOTE, TREASURER ORANGE: 15505 E. LINCOLN AVE • RO.BOX 620 • ORANGE, CALIFORNIA 92856-6620 • (714) 637-1550 ^ FAX (714) 921-3347 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ORANGE } On 06/23/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(&} whose name(s)- is/are- subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/heri"theirauthorized capacity(ies} and that by his/her/their signature(*on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument, ffij Com8504 Z ® Notarifornia z Orangey gM Com28, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and 1. DE IONGH Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: •__ _ _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ___ 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER understands that bids shall be valid for 180 working days after the opening of the bids. Construction of the project is contingent upon (a) the formation of an assessment district under the Municipal Improvement Act of 1913 (Division 7 of the California Streets and Highways Code), which will require approval by the owners of the affected property of the levy of assessments pursuant to an assessment ballot procedure that will commenced after the receipt of bids and determination of the lowest responsive, responsible bidder and (b) the issuance and sale of limited obligation improvements bonds (the "Bonds") for the assessment district to be secured by such assessments. BIDDER further understands that the issuance and sale of such Bonds is anticipated to occur in June 2016. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER x Title STEVE MENDOZA, SECRETARY (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) PLEASE SEE ATTACHED P-3 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Business E -Mail Address: jenniferdeiongh@rjnoblecompany.com Telephone: 714-637-1550 State Contractor's License No. and Class: 782908 CLASS A a C-12 License Expiration Date: 08/3112016 State Dept. of Industrial Relations (DIR) Registration No.: 1000004235 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2016 Signed: X Title: STEVE MENDOZA, SECRETARY P-4 of P-16 Public Works Contractor Registration Search Jmn. nlan.amanem a.6.eWa[onu.[len¢f.nnl.en pureuam m PWWdz. Panz Cpaplel tl[.mmunelnp wlln xtll.......... c.Womm Lags c.n.. E.M el re.n.n.awM[mMero arWbr..IM1. npurereY punk lwMd [gNm[Ma mettledp yox.metllm.. N.plvValion Numbw', Ie 133956 )B9� Cpnlm[In legal Neme: IP.I. NOBLE COMPANY — mnrnn.. i:..... �..�.. Llt.nee Numbaf: JBI909 Dan�JResel PupIId W.IXa Ooningw Rag191fdtldn W.p ¢adpll Meulls O11¢R¢819@rtJCmIV¢fbf fp WO. i LPo.I Nem. P.I. NOB LE COMPANY PeplsMBpn Mumbx > LIm.w Ty9eMumbaRal NAIVIryY.. Mm EepLell.n Oelo 100pOp93 )3 CSL9;78J908 06/16/3015 p6/)BRB10 4pM a.'.�Euoll Rj POF State Of Cle'ania (AeM .CONTRACYORS STATE LICENSE BOARD ACTIVE LICENSE �A.R... 782908 CORP R J NOBLE COMPANY oe oAC12 a` lw 08/31/2016 www.csib.ca.gov Alrydltlaed hlmmns eddasiksame Initial repmbd ban Pegichm w m a0 de/s This license is nottmnsbrmble, and shell be Mumsd tothe "father upon demand when suspended, twoked, a Inva d laW toe any mean. This I... r pm Is vasa Imouah the espmbw deb my. M found, dmp in my mafam Pwbgs gvembad by. Conbsctam sea License anent P.O, amps 2ww. sawnnanm CA VAM 44eI /..--� Licenam Signature CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER x Title STEVE MENDOZA, SECRETARY/ (if an individual, so state) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) STEVE MENDOZA , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. X❑ CORPORATION That he is of: SECRETARY OF R.J. NOBLE COMPANY A CALIFORNIA CORPORATION a corporation which is making the foregoing proposal• ❑ JOINT VENTURE That he is of: one of the parties making the fc been and is duly vested with the parties making said bid who are: proposal as a joint venture, and the he/she has ✓ to execute instruments for an on behalf of the that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person, Xrn Signature of Bidgler STW MENDOZA, SECRETARY Subscribed and X Signature of o before me this 3RD day of NOVEMBER 2015 Commission # 2128504 Notary Public - California Ofange County Comm. Exoires Oct. 28.2( Oath (Notary Public) P-6 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name N 1)2i -=S . I�J c License #/Exp. 3 1;'A e 2Z_ DIR Reg. #/Exp. y Location f.v. C v� i7d Wa..- i-- C1 Phone C-1 t 4) T - z- s s V -3 Type Of Work C �Ga c- v r` _. Amount $ 15 L, e . © p Name t])� rem p, v v License #/Exp. 3 4-G c S DIR Reg. #/Exp. 10 2 c2 c, �-,- S 4- 7 Location t r a nj. O;Kkc,C'r ® Phone G r i 3 `� - or -s; S Type Of Work Amount $ a u Name License #/Exp. DIR Reg.#/Exp. License Location Phone _ Type Of Work Amount $ x Signature of idder VE MENDOZA, SECRETARY Name License #/Exp. to 1 4 s DIR Reg. #/Exp. X u o o ca r� t t o Location t<t e Y '_. (A'kll" C7 va,a (q Phone 1 1 4 q kt `7 w(S S C Type Of Work L o k� p,s Amount $ 6, S> 0 t, . „ o Name C.!ssQ- CN -4b Sipv,zY License #/Exp. t ( DIR Reg. #/Exp. i o u .S s Location 61 4- a `��� �� s, -j, or,,m Phone L 7 4o,) (,z- y. t• 9 Type Of Work S z c Amount $ 1 $:, s c, . c La Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. CITY OF TUSTIN, 300 CENTENIAL WAY, TUSTIN, CA 92780 ame and Address of Owner. BENNY TENKEAN 714-573-3161 Name and Telephone Number of person familiar with project. $26 MILLION TUSTIN RANCH ROAD RECONSTRUCTION DECEMBER 2013 Contract Amount Type of Work Date Completed. 2, CITY OF IRVINE, 1 CIVIC CENTER PLAZA, IRVINE, CA 92606 Name and Address of owner. UYENLY BUI, 949-724-7365 Name and Telephone Number of person familiar with project. $5 MILLION STREET REHAB & SLURRY SEAL FEBRUARY 2015 Contract Amount Type of Work Date Completed 3. CITY OF TEMECULA, 41000 MAIN STREET, TEMECULA, CA Name and Address of owner. JON SALAZAR 951-694-6411 Name and Telephone Number of person familiar with project. $1.4 MILLION RANCHO VISTA ROAD REHAB MARCH 2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from. whom BIDDER intends to procure insurance and bonds. PATRIOT RISK & INSURANCE SERVICES, 100 SPECTRUM CENTER DRIVE 4400, IRVINE, CA 92618 SCOTT SALANDI 949-486-7917 - -- WESTERN SURETY COMPANY, 915 WILSHIRE BLVD STE. 1650, LOS ANGELES, CA 90017 DAN MAJAM 866-404-7926 P-9 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. I CITY OF HUNTINGTON BEACH, P.O. BOX 784, HUNTINGTON BEACH, CA 92648 Name and Address of Owner. DONN STROOK 714-536-5431 Name and Telephone Number of person familiar with project. $2.1 MILLION VARIOUS RESIDENTIAL STREET OVERLAY JANUARY 2010 Contract Amount Type of Work Date Completed Z, CITY OF MURRIETA, 1 TOWN SQUARE, MURRIETA, CA 92562 Name and Address of owner. KEN BURRIS 951-461-6028 Name and Telephone Number of person familiar with project. $2,7 MILLION AC OVERLAY OF VARIOUS STREETS JANUARY 2010 Contract Amount Type of Work Date Completed 3. COUNTY OF ORANGE, P.O. BOX 4048, SANTA ANA, CA 92702-4048 Name and Address of owner. CHUCK STANFIELD 714-667-8810 Name and Telephone Number of person familiar with project. $2.6 MILLION NEWPORT AVENUE PAVEMENT REHAB Contract Amount Type of Work OCTOBER 2010 Date Completed The following are the names, addresses, and telephone numbers of all brokers and .sureties from whom BIDDER intends to procure insurance and bonds. PATRIOT RISKAND INSURANCE SERVICES, 100 SPECTRUM CENTER DR. #400, IRVINE, CA 92618 SCOTT SALANDI 949-486-7917 - - - - - - - WESTERN SURETY COMPANY, 915 WILSHIRE BLVD STE 1650, LOS ANGELES, CA 90017 DAN MAJAM 866-404-7926 P-10 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 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 x� STEVE M State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 3rd day of NOVEMBER 2015 by STEVE MENDOZA , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me x Notary Public rg ture Notary Public Seal J. DE IONGH J. DE IONGH Comrin.".a 2128504 a ::r Z z Notary Pubnc California z Orange County M Comm. Expires Oct 28, 2019+ P-11 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE 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, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: x�-,�— Title: STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 11/03/2015 P-13 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: x R Title: STEVE MEND ZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: NOVEMBER 03, 2015 P-14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: x Title: STEVE STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: NOVEMBER 03, 2015 P-15 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No xxx If the answer is yes, explain the circumstances in the following space. P-16 of P-16 U11 V UY A1NTA ANA PROPOSAL PROJECT NO.: 16-6868 WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS BID—BOND KNOW ALL PRESENT that, R.J. NOBLE COMPANY , as BIDDER, and. Western Surety Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of , ten percent of bid amount Dollars ($ ----- 10%..-.-.-- ), which is ten percent- (10—O) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 30 day of _ October > 2015 . BIDDER* R.J. Noble Company, 15505 East Lincoln Avenue, Orange, CA 92856, 714-637-1550 I, . n -- ST,JRETY* Wilshire Blvd., Suite 1650, Los Angeles, CA 90017, 866-404-7926 Subscribed and sworn to before me this , day of 20_ Signature: Notary Public in and for the County of State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Authorized Representative: James Scott Salandi 100 Spectrum Center Drive, Suite 400 Irvine, CA 92618 949-486-7917 P-7 of P-16 2ALIFORNIA, ALL-PURPOSE ACKNOWLEDGM6NY CIVIL CODE § 1189 .»3..w ;;;;;;-111 . 1, ,ca .- U • Sm e aL_Ci• -�i cue{eC .� t. s�...o` 4 .q� : c�-.v.Nh A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/02/2015 before me, Date personally appeared STEVE MENDOZA J. DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s)- is/are- subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/`their authorized capacity(ies} and that by his/her/theirsignature(oon the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. rr-- a - - J. DE IONGH Commission # 2128504 -w Notary Public - California s z ' Orange County n,1v COMM FNP1rP$ Ilr11R 2919 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public J. DE IONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www,NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 30, 2015 before me, Lauren Emily Bierman, A Notary Public (insert name and title of the officer) personally appeared James Scott Saland'I, Attorney -In -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/arc subscribed to the within instrument and acknowledged to me that he/$ha executed the same in his/harhak authorized capacity(k*, and that by his/herAhok signature($) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. >.o„hs LAUREN EMILY 81ER+MA— ev w'` •'� COMM. # 2097240;0 NOTARY PUBLIC-CALIFORMA X p; ORANGE COUNTY N Sig nature (Seal) MY COMM. EXRJAN A 2019 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby snake, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of June, 2015. s uRE.. WESTERN SURETY COMPANY a�P �a .........., 4� MtiE ..,......:Ff 4y4+ wppµ aul T. Bruflat, Vice President State of South Dakota 1 County of Minnehaha 3 as On this 18th day of June, 2015, before me personally came Paul T. Braflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My comrnission expires Vrowrow«wwws,proroaaw«ee,«««r4 y S. HIGH I d February 12,2021 i marARY Pumuc .9 t a sI, SOUTH LiA9biYA 'a NMFM«roM+n«h«A«««b444'4««4« d S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corpoiatiom this,-- ,day of O. h bar ll , iRlls_, PS , WESTERN SURETY COMPANY R Yq tl L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.