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Item 19 - Award Construction Contract for the 17th Street Rehabilitation from Fairview Street to Flower Street Project
Public Works Agency https://www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Award Construction Contract for the 17t" Street Rehabilitation from Fairview Street to Flower Street Project AGENDA TITLE Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17t" Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non -General Fund) RECOMMENDED ACTION 1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17t" Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17t" Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17t" Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17t" Street Rehabilitation Project (Project No. 21-6979, 21-6980 ). Award Construction Contract with All American Asphalt October 17, 2023 Page 2 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION Staff has identified 17t" Street from Fairview Street to Flower Street (Exhibit 1) as a priority by the city's pavement management program. The pavement is deteriorating due to weather, age, and heavy usage. The scope of work includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, landscaping, irrigation, and signing and striping. Once completed, the improvements will enhance the street's drivability, visual appearance, accessibility, and drainage issues. This project will combine two rehabilitation projects, 17t" Street from Fairview Street to Bristol Street and 17t" Street from Bristol Street to Flower Street (Project No. 21-6979, 21-6980), in order to efficiently perform improvements at a cost effective rate. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,559 regional vendors via PlanetBids, many of which are Santa Ana based. Forty-four vendors requested bidding documents and a total of five bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 6, 2023, June 13, 2023, and June 27, 2023. The project was also advertised in PlanetBids from June 2, 2023 through July 6, 2023. Bids were received electronically via PlanetBids on July 6, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 All American Asphalt Corona, CA $1,899,983 2 R.J. Noble Company Orange, CA $1,948,917 3 Hardy & Harper, Inc. Lake Forest, CA $1,960,000 4 Excel Paving Co Long Beach, CA $2,113,553 5 Onyx Paving Company, Inc. Anaheim, CA $2,488,000 A total of five bids were received, and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $1,899,983 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, Staff Award Construction Contract with All American Asphalt October 17, 2023 Page 3 recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $1,899,983 (Exhibit 3). All American Asphalt has worked on various projects for the City of Santa Ana throughout the last several years. The most recent project involving All American Asphalt was the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road in FY 2023/2024. Proiect Delive To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,374,980. Project Item Total Construction Contract Bid Amount $1,899,983 Construction Administration, Inspection, Testing $284,998 Contract Contingencies $189,999 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,374,980 In order to account for the widespread price increases in construction material, Staff recommends reallocating $671,980 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds to supplement the existing construction funding. Funding was originally allocated to the Fairview Street Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project. The Fairview Rehab Project will be fully funded with a new budget in the upcoming FY 2023-24 Capital Improvement Program (CIP) (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-48 was filed for the project. FISCAL IMPACT Project 21-6979 and Project 21-6980 are the numbers assigned to the funding for tracking of all expenditures to deliver the construction of this project indicated in the Cost Analysis. The total construction delivery cost of the project is $2,374,980, which includes construction, contract administration, inspection, testing, and an authorized contingency. Monies will be reallocated from Project No. 21-6978 to fund this agreement. Award Construction Contract with All American Asphalt October 17, 2023 Page 4 The proposed contract enables staff to authorize a construction cost increase of up to 25 percent if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations. The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25. Fiscal Accounting Unit - Fund Accounting Unit, Year Account No. Description Account No. Amount (Project No.) Description Existing Budget 2023-24 05917665-66220 Select Street HUTA Gas Tax — $972,000 (21-6979) Construction RMRA, Improvements Other Than Buildings 2023-24 05917665-66220 Select Street HUTA Gas Tax — $731,000 (21-6980) Construction RMRA, Improvements Other Than Buildings Budget Reallocation 2023-24 05917665-66220 Select Street HUTA Gas Tax — (From Proj. 21- Construction RMRA, Improvements $335,990 6978 to 21-6979) Other Than Buildings 2023-24 05917665-66220 Select Street HUTA Gas Tax — (From Proj. 21- Construction RMRA, Improvements $335,990 6978 to 21-6980) Other Than Buildings Total $2,374,980 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheets Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager EXHIBIT 1 SANTA ANA P�1 Project No. 21-6979 & 21-6980 �J 17th St Rehabilitation from Fairview to Flowe PUBLIC WORKS AGENCY EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt 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 450 CY $ $ 410.00 184,500.00 2 Cold Mill (1.5")* 306,770 SF $ 0.40 $122, 708.00 3 A.C. Pavement* 1,640 TN $ $ 119.00 195,160.00 4 Asphalt Rubber Hot Mix* 1,800 TN $ $ 141.00 253,800.00 5 Rubberized Emulsion 310 TN $ $ Aggregate Slurry (REAS) 781.00 242,110.00 Type III 6 Crack Sealing 1 LS $ $ 18,100.00 18,100.00 7 PCC Sidewalk (4") 7,800 SF $ $ 14.00 109,200.00 8 PCC Curb Ramp 3,400 SF $ $ 37.00 125,800.00 9 PCC Curb and Gutter 2,350 LF $ $ (TypeA-2-8) 99.00 232,650.00 10 PCC Cross Gutter 2,400 SF $ $ 84,000.00 35.00 11 PCC Commercial 500 SF $ $ Driveway Approach (8- 20.72 10, 360.00 inch Thick 12 PCC Bus Pad 1,400 SF $ $ 38.00 53,200.00 13 Root Shave 9 EA $ 542.00 1$4,878.00 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION Item Description Qty Unit Unit Price Amount 14 Furnish and Install New 3 EA $ $ Water Meter and Adjust to 975.00 2,925.00 Finished Grade '15 Furnish and Install New 30 EA $ $ Water Valve Frame and 975.00 29, 250.00 Cover to Finished Grade* 16 Adjust Survey Monument 4 EA $ $ and Cover to Finished 975.00 3,900.00 Grade 17 Adjust Sewer and 25 EA $ $ Drainage Manhole to 1,200.00 30,000.00 Finished Grade* 18 Protection of Utility 1 LS $ 542.00 $ Frames and Covers 542.00 19 Furnish and Install New 8 EA $ $ #6 Pullbox 1,300.00 10,400.00 20 Furnish and Install Traffic 51 EA $ $ Loops Type D 375.00 19,125.00 21 Furnish and Install Traffic 135 EA $ $ Loops Type E 345.00 46,575.00 22 Construction Sign 4 EA $ $ 2,450.00 9,800.00 23 Signing and Striping 1 Ls $ $ 96,000.00 96,000.00 24 Construction Permit 1 LS $15,000 $15,000 TOTAL BASE BID $ 1, 899, 983.00 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION 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. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,500.00 per calendar day. Name of Firm All American Asphalt - Corporation Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Edward J. Carlson, Vice President Michael Farkas, Secretary Mark Luer, President P-3 of P-17 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-6979 & 21-6980 17TH STREET REHABILITATION FROM FAIRVIEW ST TO FLOWER ST This CONSTRUCTION CONTRACT is made and entered into thus 171' day of October, 2623 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the WESTMINSTER AVENUE REHABILITATION (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Eight Hundred Ninety -Nine Thousand Nine Hundred Eighty -Three Dollars and No Cents ($1,899,983.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook.- Standard Specifications for Public Works Construction. 4. 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. rev. 09/01/2017 Page 1 of 3 5. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IlVIPROVEMENT 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. 7. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htti)://www.santa-ana.orp-/i)wa/documents/CWA.p 8. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (1000/0) 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. 9. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 10. 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. 11. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (Ili) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� I%J;i� JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: ALL AMERICAN ASPHALT NAM K Ed rd J. Carlson TITLE: Vice President Page 3 of 3 �ZAL � 1� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside on September 22, 2023 before me, Sarah Amanda Langley. Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Namets}of Signers} SARAH AMANDA LANGLEY W . Notary Public - California i = Riverside County > Commission # 2337877 My Comm. Expires Nov 20, 2024 Place Notary Seal Above 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/theyexecuted the same in histher he+r authorized capacity(+es), and that by his/#e4th& signature(s) 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 forgoing paragraph is true and correct. OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract Signature Page Document Date: 09/22/2023 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(e) Number of Pages: 1 Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner 71 ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: N/A ❑ Corporate Officer —Title(s): N/A ❑ Partner C ❑ Limited ❑ General ❑ Attorney in Fact Top"thumb❑ Trustee ❑ Other: N/A Signer is Representing: -4. EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt 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 450 CY $ $ 410.00 184,500.00 2 Cold Mill (1.5" )* 306,770 SF $ 0.40 $122,708.00 3 A.C. Pavement* 1,640 TN $ $ 119.00 195,160.00 4 Asphalt Rubber Hot Mix* 1,800 TN $ $ 141.00 253,800.00 5 Rubberized Emulsion 310 TN $ $ Aggregate Slurry (REAS) 781.00 242,110.00 Type III 6 Crack Sealing 1 LS $ $ 18,100.00 18,100.00 7 PCC Sidewalk (4") 7,800 SF $ $ 14.00 109,200.00 8 PCC Curb Ramp 3,400 SF $ $ 37.00 125,800.00 9 PCC Curb and Gutter 2,350 LF $ $ (Type A 2-8) 99.00 232,650.00 10 PCC Cross Gutter 2,400 SF $ $ 84,000.00 35.00 11 PCC Commercial 500 SF $ $ Driveway Approach (8- 20.72 10,360.00 inch Thick 12 PCC Bus Pad 13400 SF $ 38.00 $ 53,200.00 13 Root Shave 9 EA $ $ 542.00 4,878.00 P-1 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION Item Description Qty Unit UnitPrice Amount 14 Furnish and Install New 3 EA $ $ Water Meter and Adjustto Finished Grade 975.00 2,925.00 15 Furnish and Install New 30 EA $ $ Water Valve Frame and Cover to Finished Grade* 975.00 29,250.00 16 Adjust Survey Monument 4 EA $ $ and CdVerto Finished 975.00 3,900.00 Grade 17 Adjust Sewer and 25 EA S $ Drainage Manhole to Finished Grade* 1,200.00 30 000.00 ' 18 Protection of Utility 1 LS $ 542.00 $ Frames and Covers 542.00 19 Furnish and Install New 8 $ $ #6Pullbox 1,300.00 10,400.00 20 Furnish and Install Traffic 51 EA $ $ Loops Type D 375.00 19,125.00 21 Furnish and Install Traffic 135 EA $ $ Loops Type E 345.00 46, 575.00 22 Construction Sign 4 EA $ $ 2,450.00 9,800.00 23 Signing and Striping 1 LS $ $ 96,000.00 96,000.00 24 Construction Permit 1 1 LS $15,000 $15,000 TOTAL SASE BID F 1,899,983.00 P 2 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION 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. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIMEFOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within. six 60 working days after .the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,500.00 per calendar day. Name of Firm All American Asphalt - Corporation Signature of BIDDER o Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Edward J. Carlson, Vice President Michael Farkas, Secretary Mark Luer, President P-3 of P-17 CITY OF SANTA ANA BONDS PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION FAITHFUL PERFORMANCE BOND Bond No. 7670937 Premium: $7,505.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Eight Hundred Ninety Nine Thousand Nine Hundred Eighty Three and 00/100 Dollars ($1,899,983.00 �, which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 17, 2023 for PROJECT 21-6979 & 21-6980 - 17TH STREET REHABILITATION FROM FAIRVIEW ST TO FLOWER ST if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 17th day of October 2023 GG VW g4rpar a . l-.Q✓ f y I CC l'Y!J 8G99'#4' f S-(_jRET y* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Jorge Correa270-0600 Relb&ca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **Please see attached** , this day of 20 Signature: Notary Public in and for the County of Rate of premium on this bond is $ 3.95 Total amount of premium charge is $ 7,505.00 State of per thousand. To be filled in by Surety *Provide CONTRACTOR / ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 \ mow© CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside on September 22, 2023 Date before me, Sarah Amanda Lanky, Notary Public Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(srof Signer(s} 90my SARAH AMANDA LANGLEY Notary Public - California Riverside County Commission # 2337877 Comm. Expires Nov 20, 2024 who proved to me on the basis of satisfactory evidence to be the person(s.) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/beNtheir authorized capacity(ies), and that by his/#er/their signature(s) 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 forgoing paragraph is true and correct. WITNESS hand and offs � I seal. t 4 Signatur Place Notary Seal Above'Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond Document Date: 09/17/2023 Number of Pages: Signer(&) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(&) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: N/A 3 ❑ Corporate Officer — Title(s): N/A ❑ Partner C ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: N/A Signer is Representing: zk'+'Xh'x .F"'-Ts^.a u: _. ,.a��°''-3u �., xr�w,y>7:x..h+,,cisy;yJ;: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 09/20/2023 before me, L. Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer?* who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/a-.e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in fits/her/b- a@k authorized capacity I*, and that by hWher/thair signature on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. L. GOMEZ Notary Public . California Orange County ` Commission ; 2413682 [ Comm. Expires Aug 23. 2026 w�•sy 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 XA�_� Signature of Wtaty Public 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: Perfonnance Bond No. 7670937 Document Date: 10/ 17/2023 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual @'Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G�.4'✓G�";:�:G\:.�-C/G'�✓H��/.G�'✓.:��G�. "�4'L:�✓.'LL�S�G'y tiG'Uti:�_.G "✓G'✓/�t� '✓G�d.' i a.GV.'a/G\�/.G✓G\ : �✓GC✓:�.•/G"•✓S'.v ✓ ✓c' @2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1 -800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the. foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Taws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be axed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 17th day of October, 2023 . 5P 1. V6SEAL"� �SEALS =fit"SEALmio= "onnp,�n•,V"`PJ as ;L, `. LaN fl�Y�V,�``� '�r3y1Y� By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT ]INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: rei)ortsfclaims(@zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 PRF7670937 i Bond Number City of Santa Ana Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appointRebecca Haas -Bates, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN' CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of October, A.D. 2023. ZIA 01 I�SEAL /Jf='AosEAL n — ZOJg��.w.rr"0�` ��' ��„q,uarimaso By: Robert D. Murray Vice President State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Dawn E. Brown Secretary �Nxt�.,...�5t On this 17th day of October, A.D. 2023, before the subscriber, a Notary Public of the State of Marylandff�ix��idd rri} qualified, RobertD. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me p6wt-,ytl n'i�wn to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the . signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of. the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. GEN00011 Ed.(08/23) QefL viey&M. Mai�ow ��EVEAt. � 4,f or M" _w, �o_ 3�i,P ftBLA Zs GENEVIEVE M. MAISON NOTARY PU�JC BALTIMORECOWN MO M CammissnnEzhrnsJANUARY27.702i Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CITY OF SANTA ANA BONDS PROJECT NOS.: 21-6980, 21-6979 17TH STREET REHABILITATION PAYMENT BOND Bond No. 7670937 Premium is included in the performance bond Executed in: 2 Counterparts KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State*, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Eight Hundred Ninety Nine Thousand Nine Hundred Eighty Three and 00/100 Dollars ($ 1,899,983.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated October 17, 2023 for PROJECT 21-6979 & 21-6980 - 17TH STREET REHABILITATION FROM FAIRVIEW ST TO FLOWER ST if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 17th _ day o f October 2023 SUT_LETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Jorge Correa (213) 270-0600 .i!*ecca Haas -Bates, Attorney -in -Fact S&-scrib :d and sworn to before me, **Please see attached** , this day of 20 S1f, n tt re: Notary Public in and for the County of , State of Rate of premium on this bond is $ N/A per thousand. Total amount of premium charge is $ is included in the performance bond. To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness_ accuracv. or validitv of that document. State of California County of Riverside on September 22, 2023 before me, Sarah Amanda Lanky, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s}of Signer(st 40my SARAH AMANDA LANGLEY Notary Public . California Riverside CountyCommission k 2337877 Comm. Expires Nov 20, 2024 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/hor�/4� authorized capacity(ies), and that by his/weir 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 forgoing paragraph is true and correct. WITNESS hand and official seal. Signatur Place Notary Seal Above Sig7l9tuire of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond Document Date: 09/17/2023 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(Les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner n ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: N/A ❑ Corporate Officer — Title(s): N/A ❑ Partner E ❑ Limited ❑ General ❑ Attorney in Fact • Top of thumb here ❑ Trustee ❑ Other: N/A Signer is Representing: t ,�.. ,�� •, �.����..�'; +: yak �� ', .� ., ; i. .. .�.� ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE •. :• iF•���.Vx .A .A .A .AQ.A2.A .A2.a .A .A�.A�.A .A .A .A .a1 •1 .9f .A .A .a Ate• A _at.a _at of c�t.a w�t.w � 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 09/20/2023 Date before me, L. Gomez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof Signer?* who proved to me on the basis of satisfactory evidence to be the persons} whose name(. is/are subscribed to the within instrument and acknowledged to me that +ie'she/theq executed the same in h1s/her/the, r authorized capacity i*, and that by hWher/ithelr signature on the instrument the person(* or the entity upon behalf of which the person(s1 acted, executed the instrument. L. GOMEZ Notary Public . California ^% Orange County ` Commission > 2413682 My Comm. Expires Aug 23. 2026 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 official seal. Signature Signature of N ary 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: Payment Bond No. 7670937 Document Date: 10/ 17/2023 Number of Pages: One 1 Signer's) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Q'Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓4'✓i'✓''✓ '✓G'ri`e� m 'ai'.�•%.'✓�v •✓4'✓:L�!4'✓i�:/%�JSV. :�:�:`."✓GV�`'�.'�4�!."✓y��✓.<\_✓,."Y:\e/4'Pl:\✓SC✓4�✓:�.''• S'.Y '✓y�L,6' 4'.v6'y 'b.'� { ' t EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l 5th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1-7th,_day of October, 2023 . AS S ..�. /C95ULiy''ii \ \VrNNINIIbiiiiiyy1N5(/.'� t�S mib' c a_ V tiall,�.�' ,""0/rlllrllll\11\\\P\\" 'Imm", 1\\P By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: reportsfclaii-ns(@zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 PRF7670937 ? Bond Number City of Santa Ana Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appointRebecca Haas -Bates, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of October, A.D. 2023. ,,,1UiYy ii. y ..fig\t Cp'•+•••IN.4(/+•tgq,,'.•. Qe/p°�p�aoy'o-'�•3'o eo ;, ATTEST: t SEALS; SEAL3= `&� SEAL y- c, l !�' `y fie "••,yF ZURICH AMERICAN INSURANCE COMPANY �• COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray By: Dawn E. Brown Vice President Secretary =y i State of Maryland County of Baltimore On this 17th day of October, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, dri't9 c"rnimssii pb and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personaflyUown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. GEN0001 I Ed.(08/23) C7eyteV6e_ &M_ ��im PoHU�N; Z- GENE"EVE M. MAISON NOTARY PUBLIC =re de,+yi F BALTIMORECCt1M MD M C=ersspnErryresJ4NUARY27.2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-6979 & 21-6980: 17th Street Rehabilitation from Fairview St to Flower St Construction Contract $ 1,899,983.00 Contract Administration, Inspection and Testing $ 284,998.00 Contingencies $ 189,999.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,374,980.00 PROJECT TITLE: 17th Street Rehabilitation: Fairview to Bristol PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP A N CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Application of slurry seal, crack seal, and minor pavement resurfacing with asphalt concrete. The work also include replacement/installation of missing or damaged curbs, gutters, sidewalk, driveway approaches, wheelchair ramps, and striping. EXHIBIT 5 PROJECT NEED: The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The application of a surface seal to streets with improvements constructed in the last 10 years will ensure a high level of service for years to come. PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27128 FY 28/29 FY 29/30 Construction 335,990 - - - - - - Engineering - TOTAL 335,990 - - - - SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 - - - - - - TOTAL 335,990 - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Design Engineering Sean Thomas, Senior Civil Engineer 17-Oct-2023 PROJECT TITLE: 17th Street Rehabilitation: Bristol to Flower PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Reconstruction/resurfacing of existing pavement and replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway. EXHIBIT 5 PROJECT NEED: The City's Pavement Management Program (PMP) has been developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. This segment of 17th Street pavement rehabilitation is identified as a high priority in the PMP. PROJECT COSTS FY 23124 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 335,990 - - - - - - Engineering - TOTAL 335,990 - - - - - SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 - - - - - - TOTAL 335,990 - - - - - - DIVISION: Design Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 17-Oct-2023