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HomeMy WebLinkAboutItem 08 - Construction Contract for Grand Avenue Rehabilitation ProjectPublic Works Agency www.santa-ana.org/public-works Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue AGENDA TITLE Award a Construction Contract to All American Asphalt in the Amount of $1,564,835 for the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with an Estimated Project Delivery Cost of $2,113,000 (Project No. 22-6987) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the reallocation of S131 funds from the Euclid Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of $570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project to complete the project funding requirement. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,564,835, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term beginning August 29, 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 $2,113,000, which includes $1,564,835 for the construction contract; $234,900 for contract administration, inspection, and testing; and a $313,265 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-6 was filed for the project. DISCUSSION The City's Pavement Management Program identified Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project as a high priority for street rehabilitation (Exhibit 1). As identified in the Pavement Management Program, the pavement on this Construction Contract for Grand Avenue Rehabilitation Project August 29, 2023 Page 2 section of Grand Avenue has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The improvements include the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curb, gutters, sidewalks, curb ramps, installation of traffic loops, traffic stripes, and pavement markings. Once completed, these improvements will enhance the ride quality and visual appearance of the street and comply with Americans with Disabilities Act (ADA) standards. Public Outreach and Contractor Particiaation To provide an opportunity for local vendors to submit bids, the City notified a total of 42 regional vendors via PlanetBids, many of which are Santa Ana based. Thirty-seven vendors requested bidding documents, and a total of five bids were received. No bids were received from Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 2, 2023 and June 9, 2023. The project was also advertised on PlanetBids from June 2, 2023 through June 26, 2023. Bids were received electronically via PlanetBids on June 26, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 All American Asphalt Corona, CA $1,564,835 2 Hardy & Harper, Inc. Lake Forest, CA $1,565,000 3 R.J. Noble Company Orange, CA $1,725,675 4 LCR Earthworrkorp & Engineering Jurupa Valley, CA $1,785,130 5 Excel Paving Co. Long Beach, CA $2,028,388 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 $1,564,835 (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 recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $1,564,835 (Exhibit 3). All American Asphalt has worked on various projects in Santa Ana and has performed satisfactorily throughout the last several years. The most recent project All American Asphalt has worked on was the Garnsey Business District Pavement Improvements. Construction Contract for Grand Avenue Rehabilitation Project August 29, 2023 Page 3 Protect Delivery 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 conditions. Construction administration and inspection includes construction management, workmanship, quality, 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 $2,113,000. Project Item Total Construction Contract Bid Amount $1,564,835 Construction Administration, Inspection, Testing $234,900 Contract Contingencies 1 $313,265 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,113,000 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-6 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,113,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 22-6987 is the number assigned to the Project Plans and Specifications and the Notice Inviting Bids. Project No. 22-6987 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. The proposed contract enables Staff to authorize a construction cost increase of up to 25%, 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 for expenditure to deliver construction of this project. Any unspent budget in FY 2023-24 will be included in future year carry -forward for City Council consideration. Construction Contract for Grand Avenue Rehabilitation Project August 29, 2023 Page 4 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— $1,542,130 (22-6987) Construction RMRA, Improvements Other Than Buildings Reallocated Budget 2023-24 05917665-66220 Select Street HUTA Gas Tax — $570,870 (From: 20-6954 to Construction RMRA, Improvements 22-6987) Other Than Buildings Total $2,113,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 SANTA ANA Project No. 22-6987: uaJ Grand Avenue Rehabilitation PUBLIC WORKS AGENCY From Warner Avenue to Edinger Avenue EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE INSTRUCTIONS TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents. PROPOSAL The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: 1. Bid Proposal 2. Bidder's Statement 3. Contractor's Licensing and Registration Statement 4. Prevailing Wage Compliance and Monitoring Statement S. Ownership Affidavit 6. Bid Bond 7. List of Sub -Contractors 8. References 9. Additional References 10. Non -Collusion Affidavit 11. Non Discrimination Certificate 12. Statement Regarding Apprenticeship Requirements 13. Statement Regarding "Anti -Kickback" Requirements 14. Public Contract Code Section 10162 Questionnaire The Proposal may be considered non -responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids. It is the BIDDER'S responsibility to ensure submittal of their Proposal on PlanetBids. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 1771.4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. P-1 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE DISCREPANCIES AND MISUNDERSTANDINGS No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals. REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be submitted online through PlanetBids. Any interpretation or correction of the documents will be made only by an Addendum. ADDENDA All addenda issued during the open bid advertisement period will be posted on PlanetBids and shall become part of the Contract Documents. Before submitting a Proposal, each BIDDER is responsible to acknowledge the issuance of addenda via PlanetBids. WITHDRAWAL OF PROPOSAL A Proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY'S Public Works Agency Executive Director prior to the bid -opening hour stipulated in the Notice Inviting Bids. BID PROTEST Bid protests must be submitted in writing to the Executive Director of the Public Works Agency, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 4:00 p.m. of the 5th business day following bid opening ("Bid Protest Deadline"). A business day means a day on which the City is open for normal business and excludes weekends and holidays. Bid protests sent via U.S. mail or overnight carrier must be received by the AGENCY by the date and time limits described above in order to be deemed timely. Hand delivered protests must be provided during regular business hours to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. Subsequent responses from the protesting and protested bidder can be submitted by email. Bid protests must comply with the following: a. Bid Protest Fee. Any potential protest shall be required to submit the Bid Protest Fee Payment Form (Appendix G) and include the payment of a nonrefundable fee by the protesting bidder at the time of submittal. The fee will cover the administrative costs of processing the bid protest consistent with the Santa Ana Municipal Code relating to administrative appeals (SAMC Section 3-3.) This fee shall be in the amount of $1860. b. General. Only a bidder who has submitted a bid proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. c. Contents of Protest. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted by the protesting bidder after the Bid Protest Deadline will not be considered. The protest must refer to the specific P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE portion of the Contract Documents upon which the protest is based. The protest must include the name, address, e-mail address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. d. Copy to Protested Bidder. By or before the Bid Protest Deadline, the party submitting the bid protest shall concurrently transmit a copy of the bid protest document to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest. e. Response to Protest. The protested bidder may submit a written Response to the Bid Protest within two business days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner ("Response Deadline"). The Response to the Bid Protest must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The Response to the Bid Protest must contain the name, address, e-mail address, and telephone number of the persons representing the protested bidder if different from the protested bidder. f. Copy to Protesting Bidder. A copy of the Response to the Bid Protest and all supporting documents must be concurrently transmitted by the protested bidder to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. g. No Hearing on Bid Protests based on Non -Responsiveness. No hearing shall be required for bid protests based on lack of responsiveness. h. Exclusive Remedy. The procedures and time limits set forth above are mandatory and are the bidder's sole and exclusive remedy in the event of a bid protest. Protesting and protested bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including without limitation filing a claim under the California Government Code or the initiation of legal proceedings. i. Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the project notwithstanding any pending or continuing challenge to its determination. j. Decision on Protest. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. BID PROPOSAL The definitions for Bid Items that are identified in the Bid Proposal form are provided in Appendix A. The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly. P-3 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected. If a Bid contains discrepancies that make it difficult or impossible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The time for completion of this project, and the liquidated damages amount when/if the time for completion is exceeded, is included in the Bid Proposal Section of these Contract Documents. BIDDERS STATEMENT In accordance with Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to the public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any bid not containing this information or a bid containing information, which is subsequently false, shall be considered non -responsive and shall be rejected by the public agency. Format for these statements are included in the Bid Proposal section of these Contract Documents. In accordance with the Section 3300 of the California Public Contract Code, the Agency has determined that the BIDDER shall possess a license in the classification specified in the Notice Inviting Bids. OWNERSHIP AFFIDAVIT An Ownership Affidavit is required to be completed and submitted with the Bid Proposal. A form is provided in the Bid Proposal section of these Contract Documents. PROPOSAL GUARANTY Each bid shall be accompanied by a Proposal Guaranty as instructed in the Notice Inviting Bids AND PlanetBids. A sample Bid Bond is included in the Bid Proposal Section of these Contract Documents. LIST OF SUB -CONTRACTORS The State of California Public Contract Code requires listing of all subcontractors who intend to perform work which is 'h % of the bid or $10,000 (streets, highways and bridge projects), whichever is greater, or % % of the bid (buildings, parks, or other projects). A form for this information is provided in the Bid Proposal section of these Contract Documents. REFERENCES/ADDITIONAL REFERENCES BIDDER shall include a list of three public agencies for which BIDDER has performed similar work within past three (3) years, and three public agencies for which BIDDER and/or his Subcontractor has performed similar work within the past five (5) years. A form for this information is provided in the Bid Proposal section of these Contract Documents. P-4 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE NON -COLLUSION AFFIDAVIT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the AGENCY shall require all bidders to execute and submit a non -collusion affidavit with the Bid Proposal. A copy of the Non -Collusion Affidavit is provided in the Bid Proposal section of these Contract Documents. NON-DISCRIMINATION CERTIFICATE Attention is directed to Section 1735 of the California Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter." A copy of the Certification of Nondiscrimination by Contractors is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS Bidders shall be familiar with the requirements of Section 1777.5 of the California State Labor Code regarding employment of apprentices and shall submit a Statement Regarding Apprenticeship Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING "ANTI -KICK -BACK" REOUIREMENTS Bidders shall be familiar with, and shall agree to comply with, the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3), and shall submit a Statement Regarding "Anti -Kickback" Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. CONSTRUCTION CONTRACT AGREEMENT. BONDS & INSURANCE The Construction Contract Agreement, Sample Bonds and Insurance Requirements are all included as appendices in the project Contract Documents. Following authorization by City Council to award a Construction Contract, written notification will be given by the AGENCY to the successful BIDDER who will, within ten (10) business days, submit to the Agency the completed and signed Construction Contract Agreement, a Performance Bond, a Payment Bond, and evidence of Worker's Compensation Insurance. Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee. No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY. P-5 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Construction Contract Agreement. RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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* 680 CY $ $ 340.00 231,200.00 2 Cold Mill (2")* 169,000 SF $ $ 0.34 57,460.00 3 Cold Mill (3")* 121,000 SF $ $ 0.50 60,500.00 4 AC Pavement* 1,400 TN $ $ 131.00 183,400.00 5 Asphalt Rubber Hot Mix* 3,700 TN $ $ 147.00 543,900.00 6 Crushed Miscellaneous Base* 242 TN $ $ 91.00 22,022.00 7 PCC Sidewalk (4")* 1,400 SF $ $ 15.00 21,000.00 8 PCC Driveway Approach 600 SF $ $ (Commercial = 8")* 26.00 15,600.00 9 PCC Curb and Gutter (Type A-2- 1,700 LF $ $ 8)* 66.00 112,200.00 10 Cross Gutter (Arterial Street)* 3,800 SF $ $ 25.00 95,000.00 11 PCC Bus Reinforced Pad* 100 SF $ $ 77.00 7,700.00 12 PCC Grinding* 100 LF $ $ 47.00 4,700.00 13 Root Shave* 3 EA $ $ $1,005.00 3,015.00 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE Item Description Qty Unit Unit Price Amount 14 Furnish and Install New Water 1 EA $ $ Meter Frame and Cover to Finished 559.00 559.00 Grade* 15 Adjust Water Valve Frame and 35 EA $ $ Cover to Finished Grade* 1,600.00 56, 000.00 16 Furnish and Install New Sewer and 18 EA $ $ Drainage Manhole to Finished 2,300.00 41,400.00 Grade* 17 Furnish and Install New #6 1 EA $ $ Pullbox* 1,675.00 1,675.00 18 Furnish and Install Traffic Loops 68 EA $ $ (Type E)* 330.00 22,440.00 19 Furnish and Install Traffic Loops 44 EA $ $ (Type F)* 360.00 15,840.00 20 Project Advertisement Sign 2 EA $ $ 3,362.00 6,724.00 21 Signing and Striping 1 LS $ $ 47,500.00 47,500.00 22 Construction Permit 1 LS 1 $15,000 $15,000 P-8 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE TOTAL BASE BID S 1, 564, 835.00 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 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 number (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 $4, 375.00 per calendar day. Name of Firm All American Asphalt 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.) P-9 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm 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-10 of P-23 �K� �����D /�u�u~�-�/vuu-x~�OV,4 ___ASPHALT— CORPORATE RESOLUTION ALL AmEX]CAN As},i I/\[} . ^`/7­ `w' Resolved, that this Corporation, All American Asphalt, on January 3, 2022 authorizes Edward J. Carlson to execute bid proposals, contracts and agreements on behalf of the company in the capacity of Vice President. Michael Farkas Secretary CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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: All American Asphalt Business Address: PO Box 2229, Corona, CA 92878 Business E-Mail Address: publicworks@allamericanasphalt.com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 Class A License Expiration Date: 01/31/2024 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2026 Signed: Title: Edward J. Carlson, Vice President P-11 of P-23 i a dC+� STATE LICENSE BOARD ACTIVE LICENSE unn.--_i-267O73 zlt„ CORP r ...,,-.-.ALL AMERICAN ASPHALT m...m...X.,A 012 �.. 0..01/3112024 www.cslb.ca.aov V Yt f 1/25/23, 10:18AM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails i } F Contractor Information Registration History ' Legal Entity Name Effective Date ExpirationrDate ALL AMERICAN ASPHALT -— — - �-�--, --- - Legal Entity Type 5/11/2018 6/30/2019 Corporation ----- -- -- - -F - - - _ _ _ Status 5/8/2017 6/30/2018 s Active ___ -_ _.._, -__1 _ Registration Number 5/2/2016 6/30/2017 1000001051 —_- 0 Registration effective date 6/9/2015 6/30/2016 7/1/2020 Registration expiration date 8/25/2014 6/30/2015 ` 6/30/2023 Mailing Address 7/1/2019 6/30/2020 { PO BOX 2229 CORONA 92878 CA United States ... — ----- --- Y - Physical Address 7/1/2020 6/30/20213 + ' 400 E SIXTH ST CORONA 92879 CA United State... - -- -�- Email Address Trade Name/DBA l t License Number(s) CSLB:267073 a CSLB:267073 Legal Entity Information 1 Corporation Number: 057879 I Federal Employment Identification Number: President Name: MARK LUER Vice President Name: f EDWARD J CARLSON ; Treasurer Name: MICHAEL FARKAS r Secretary Name: � MICHAEL FARKAS CEO Name: F I Agent of Service Name: MICHAEL FARKAS Agent of Service Mailing Address: r 400 E SIXTH ST CORONA 92879 CA United States of America ` https:Hoadir.secure.force.com/ContractorSearch/P(intRegDetalls 1/2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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 All American Asphalt - ration Signature of BIDDER zl_-_ Ile / Title Edward J. Carlson, Vice President (if an individual, so state) P-12 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Edward J. Carlson 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. ® CORPORATION That he is of: Vice President of All American Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: ---thawsuch- a bid is genuine and not collusive or sham, and has not in any manner sought by lcolhq�idneta secure any advantage against the City of Santa Ana or any person interested in the _ - proposed=ecrltract, for hims for any other person. Signature of Bidd r Edward J. Carlson, Vice President Subscribed and sworn to before me th' day01 of Signature of of Bring Oath (Notary Public) P-13 of P-23 2CALIFORNIA JURAT GOV CODE § 8202 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 Riverside Subscribed and sworn to (or affirmed) before me on this 22nd day of June 2Q23. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) *my SARAH AMANDA LANGLEY tary Public - CaliforniaRiverside CountvCommission n 2337877 Comm, Expires Nov 20, 2024 r (2) (and Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signaturevwj ftmiwd�' " Place Notary Seal Above Si nature 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. Further Description of Any Attached Document Title or Type of Document Ownership Affidavit Document Date: 06/22/2023 Number of Pages: 1 Signer(s) Other Than Named Above: NSA Top of thumb here Top of thumb here e CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE. REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE Bond No. 08597423 Bid Date: 06/26/2023 KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid---- Dollars ($ 10% of Bid---- ), which is ten percent (10%) 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 15t1h -.daj� of June 2023. BIDDER'S All Americaa As halt - 400 East Sixth Street Corona CA 92879 - Phone: 951 736-7600 EcJWa-,J. Core hr -,, ,'ce pis -We K+ SURETY* fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900 Los Angeles CA 90017 Jorge Correa (213) 270-0600 Rebecca- r,as-Bates, Attorney-m-Fact SubsrY-ibed and sworn to before me this day of 20— Signature: "PLEASE SEE ATTACHED** 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. P-14 of P-23 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 June 22, 2023 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s}of Signer(st SARAH AMANDA LANGLEY Notary Public - California Z Riverside County $ Commission # 2337L2JO24 My Comm. Expires Nov 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/sheAhey executed the same in his/heFAheif authorized capacity(ies), and that by his/he Ah-& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESSr y hand and of€fpial seal Signatur Place Notary Seal Above Signatur 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 Bid Bond Document Date: 06/15/2023 Signer(&) Other Than Named Above: Capacity(iess) Claimed by Signer(&) N/A Number of Pages: Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner u ❑ 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 ❑ ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Other: N/A Signer is Representing: CALIFORNIAi S"I `r' O.i ACKNOWLEDGMENT �CZ w .a._aC�..a<.c� .c�•_a _a .a.,aZ.a .caCrsa..a .a s._a -w -sr .ir n. ... - _ ,. _.____.____________A_s__a..-, a.. :.-.�.Z-.a .c.Z.•-•• .vactssvacscac -.�Ci 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 06/15/2023 Date before me, Alma Karen Hernandez, 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 person(} whose name(b is/axe subscribed to the within instrument and acknowledged to me that §e/she/thp-y executed the same in his/her/their authorized capacity, and that by hWher/iheir signatureZ4on the instrument the person(), or the entity upon behalf of which the persons- acted, executed the instrument. 4 •; ryF ALMA KAREN HERNANDEZ Notary Public - California Z Orange County Z Y ° Commission 4 2390908 `•��oa"'' My Comm. Expires Jan 16, 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 Z_ Z Signature of Notary Public ;�7r 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: Bid Bond Document Date: 06/15/2023 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 O General ❑ Individual W Attorney in Fact D 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: <s`/G•✓ ".J��G✓ "rr� 'd •a •ei.`•ri„`d 4 L4vG"cl�%4�,•• <'✓ •ram 's ..i .✓ ✓ •y.'r� -a .� •� :&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, Attorrievs-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 attomeys-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, Secretary 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 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 affixed 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 15th day of June 2023 . •`�iiNsti`�S^y� usuq�, 8EAL ax1 1�3 z aS mod` ~/JJJI MIIY�" _72�_Unl Ht� 0_J By: Brian M. Hodges 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 www.reportsfclaim szurichna.com 800-626-4577 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 appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, 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 I Ith day of June, A.D. 2019. 1i io. pK 'fib ns ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By. Dawn E. Brown Secretary State of Maryland County of Baltimore On this I Ith day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known 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. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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: 1/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% 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 PCI Name V&E Tree Service License #/Exp. 415490 7/31 /2025 DIR Reg. #/Exp. 1000813536 6/30/2025 Location Azusa, CA Phone 562-218-0504 Type Of Work Signing & Striping Amount $ $42,500.00 Name Case Land Survey License #/Exp. L5411 DIR Reg. #/Exp. 1000001533 6/30/2024 License # L5411 Location Orange, CA Phone 714-628-8948 Type Of Work Survey Amount $ $20,400.00 Name Smithson Electric License #/Exp. 614518 3/31 /2025 DIR Reg. #/Exp. 1000001610 6/30/2025 License # 614518 Location Orange, CA Phone 714-997-9556 Type Of Work _Loops Amount $ 34,140.00 Signature of Bidder' Edward J. Carlson, Vice President License #/Exp. 654506 9/30/2024 DIR Reg. #/Exp. 1000001936 6/30/2025 Location Orange, CA Phone 714-997-0903 Type Of Work Root Shave Amount $ 2,700.00 Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ P-15 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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. 1. RMV Realty, Inc. - 28811 Ortega Hwy, San Juan Capistrano, CA 92693 Name and Address of Owner. _Kelly Haymes - khaymes@rabchomv.com Name and Telephone Number of person familiar with project. $3,996,996.00 Street Improvement 04/2022 Contract Amount Type of Work 2. City of Westlake Village - 31200 Oak Crest Drive, Westlake Village, CA 91631 Date Completed Name and Address of owner. Roxanne Hughes - (805) 890-8885 Name and Telephone Number of person familiar with project. $1,025,336.00 Street Improvement 06/2022 Contract Amount Type of Work Date Completed 3. City of Burbank - 275 E Olive, Burbank, CA 91502 Name and Address of owner. Artin Megerdichian - (818) 238-3942 Name and Telephone Number of person familiar with project. $7,761,320.00 Street Improvement Contract Amount Type of Work 12/2022 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. Broker Surety: Fidelity and Deposit Company of Maryland; 777 S. Figueroa St. #3900, Los Angeles, CA 90017; 213-270-0600 Insurance: Edgewood Partners Insurance Center; 3633 Inland Empire Suite 640, Ontario, CA 91764; 909-919-7513 P-16 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Highland - 27215 Base Line Street, Highland, CA 92340 Name and Address of Owner. Amanda Perez - (909) 864-6861 Name and Telephone Number of person familiar with project. $2,082,099.00 Pavement Management 12/2022 Contract Amount Type of Work Date Completed 2. City of Newport Beach - 100 Civic Center Drive, Newport Beach, CA 92660 Name and Address of owner. Ben Davis - (949) 644-3311 Name and Telephone Number of person familiar with project. $3,363,056.00 Pavement Rehab 10/2022 Contract Amount Type of Work 3. City of Santa Clarita - 23920 Valencia Blvd. #120, Valencia, CA 91355 Name and Address of owner. Juan Alfaro - (661) 255-4942 Name and Telephone Number of person familiar with project. $1,025,336.00 Street Improvements Contract Amount Type of Work Date Completed 06/2022 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. Broker Surety: Fidelity and Deposit Company of Maryland; 777 S. Figueroa St. #3900, Los Angeles, CA 90017; 213-270-0600 Insurance: Edgewood Partners Insurance Center; 3633 Inland Empire Suite 640, Ontario, CA 91764; 909-919-7513 P-17 of P-23 2022 PAST WORK REFERENCES City of Manhattan Beach 1400 Highland Ave. Manhattan Beach, CA 90266 Contact: Bianca Cardenas (310) 802-5357 bcardenas@manhattanbeach.gov RMV Realty, Inc. 28811 Ortega Hwy San Juan Capistrano, CA 92693 Contact: Kelly Haymes khaymes@ranchomv.com City of Westlake Village 31200 Oak Crest Dr. Westlake Village, CA 91361 Contact: Roxanne Hughes (805) 890-8885 rhughes@willdan.com City of Burbank 275 E Olive Burbank, CA 91502 Contact: Artin Megerdichian (818) 238-3942 amegerdichian@burbankca.gov City of Highland 27215 Base Line St. Highland, CA 9234 Contact: Amanda Perez (909) 864-6861 aperez@citvofhighland.org Slurry Seal of Central Area of Sands Section Contract Amount: $730,251.42 Start Date: 12/2021 End Date: 7/2022 Planning Area 3.1 Street Improvement Contract Amount: $3,996,996.00 Start Date: 4/2021 End Date: 4/2022 Dales Dr. and Parkridge Ave Street Improv. Amount: $1,025,336.00 Start Date: 5/2022 End Date: 6/2022 Local Residential St. Improv. Project Contract Amount: $7,761,320.00 Start Date: 1/2022 End Date: 12/2022 Pavement Management Program Contract Amount: $2,082,099.00 Start Date: 10/2021 End Date: 12/2022 2022 PAST WORK REFERENCES Toll Bros, Inc. 725 W. Town & Country Road, Ste 200 Orange, CA 92868 Contact: Brandon Haskell (714) 347-1360 bhaskell@tollbrothers.com City of Fullerton 303 W. Commonwealth Ave Fullerton, CA. 92632 Contact: Nick Esposito (714) 738-6851 Nick.esposito@cityoffullerton.com City of Norco 2870 Clark Ave Norco, CA 92860 Contact: Chad Blais (951) 270-5678 cbkaus@cu.norco.ca.us City of Newport Beach 100 Civic Center Drive Newport Beach, CA. 92660 Contact: Ben Davis (949) 644-3311 bdavis@newportbeachca.gov City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92667 Contact: Hamid Torkamanha (714) 998-1500 hamid@villapark.org The Metro Heights Contract Amount: $2,675,250.00 Start Date: 11/2021 End Date: 04/2022 Miscellaneous Rehab FY 21-22 Contract Amount: $704,080.00 Start Date: 06/2022 End Date: 12/2022 Corporate Yard Pavement Rehab Contract Amount: $612,755.33 Start Date: 10/2021 End Date: 12/2022 E. Coast Highway & Marguerite Avenue Pavement Rehabilitation Contract No. 7807-2 Contract Amount: $3,363,056.00 Start Date: 01/2022 End Date: 10/2022 FY2021-2022 Slurry Seal Project Contract Amount: $128,497.60 Start Date: 02/2022 End Date: 12/2022 2022 PAST WORK REFERENCES City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 Contact: Damian Rosales (562) 929-5527 jlopez2@norwalkca.gov City of Buena Park 6650 Beach Blvd. Buena Park, CA 90621 Contact: Cesar Ortiz (714) 562-3689 cortiz@buenaparlc.com City of Santa Clarita 23920 Valencia Blvd. #120 Valencia, CA 91355 Contact: Juana Alfaro (661) 255-4942 jalfaro@santa-clarita.com Lewis Operating Corp. 1156 N. Mountain Ave. Upland, CA 91786 Contact: Bill Hanson (909)985-0971 Bill.hanson@lewismc.com City of La Mirada 15515 Phoebe Avenue La Mirada, CA 90638 Contact: Priscilla Yi (562) 902-2374 Priscilla.vi@citvoflamirada.org Local St. Rehabilitation Project Contract Amount: $1,041,470.00 Start Date: 01/2021 End Date: 12/2022 Eighth Street Rehab Project Contract Amount: $510,000.00 Start Date: 1/2021 End Date: 12/2022 Dales Dr. and Parkridge Ave Street Improv. Amount: $1,025,336.00 Start Date: 5/2022 End Date: 6/2022 Meridian Phase 3 Street Improvements Contract Amount: $4,947,887.50 Start Date: 11/2021 End Date: 12/2022 Neighborhood Slurry Seal Area 3 Contract Amount: $799,151.00 Start Date: 6/2022 End Date: 12/2022 2021 PAST WORK REFERENCES Colony Commerce C/O Caprock Partners 1300 Dove Street Suite 200 Newport Beach, CA 92660 Contact: Eric Nutter (949) 428-1400 Ext. 209 enutter@moote.com Lennar Homes 25 Enterprise 9300 Aliso Viejo, CA 92656 Contact: Diane Hannon (949)349-8000 Diane.hannon n lennar.com City of Norco 2870 Clark Ave. Norco, AC 92860 Contact: Todd Shank (951) 270-5603 Todd. shankQnorco. ca.us Archibald St. Improvements Contract Amount: $1,949,000.00 Start: 12/2019 Completed: 12/2021 Merrill & Haven Street Improvement Contract Amount: $1,481,832.15 Start: 6/2020 Completed: 12/2021 Wayne Makin Park Slurry Seal Project Contract Amount: $52,725.89 Start: 10/2021 Completed: 12/2021 Los Angeles Department of Water and Power Pine Tree Power Plant Access Road Repair 111 North Hope Street, L-43 Improvements Los Angeles, Ca 90012 Contract Amount: $810,400.00 Contact: Joelle Morisseau (213) 367-0123 Start: 5/2021 Joelle.morisseaunae,LADWP.com Completed: 7/2021 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Scott Fisher (949) 248-3577 sfisher(@,DanaPoint.org City of Corona 400 South Vicentia Corona, CA 92852 Contact: Barry Ghaemi (951) 736-2400 b haemi a,Coronaca.aov. Slurry Seal Project 1.9/20 Contract Amount: $1,897,897.00 Start: 04/2020 Completed: 05/2021 Street Pavement Maintenance & Rehabilitation Project No. 2020.01 Contract Amount: $3,471,178.00 Start: 6/2021 Completed: 1/2022 2021 PAST WORK REFERENCES City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Jose Cortez (714) 765-5039 icortez@anaheiin.net County of Orange 601 North Ross Street Santa Ana, CA 92701 Contact: Stephen Clayton (714) 995-0206 Stephen.clayton@oow.ocgov.com City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 Glen W. C. Kau (562) 929-5723 akau@norwalkca.gov City of Garden Grove 11222 Acacia Pkwy Garden Grove, CA 92840 Navin Maru (714) 741-5180 mnaru@ggciiy.org State College Boulevard Improvement from Ball Road to SR 91 Freeway Contract Amount: $484,848.00 Start: 8/2021 Complete: 4/2022 Rossmoor Collectors Grind & Overlay Contract Amount: $ 2,148,320.90 Start: 4/2021 Complete: 12/2021 Local Streets Rehabilitation Zone 27 East of Gard — No. 7925.3 Contract Amount: $1,051,330.00 Start: 6/2021 Completed: 12/2021 Arterial STS. Rehabilitation Contract Amount: $3,185,281.00 Start: 6/2022 Complete: 12/2021 2020 PAST WORK REFERENCES City of Ontario 303 East B Street Ontario, CA 91764 Contact: Ariana Kern (909) 395-2129 a kern a-ontarioca.gov City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Contact: T. Jarb Thaipejr (909) 799-4400 ithaipewlC lomalinda-ca.gov City of Jurupa Valley 8920 Limonite Avenue Jurupa Valley, CA 92509 Contact: Chase Keys (951) 332-6464 ckeysCcD-iurupavalley.org County of Orange 601 N. Ross Street, 411 Floor Santa Ana, CA 92701 Contact: Albert Rodriguez albert.rodrigueza-ocpw.oc.gov.com City of Compton 205 S. Willowbrook Avenue Compton, CA 90220 Contact: Brittany Duhn (Z & K Consultants) bduhn(a)-zandkconsultants.com City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Joe Fuentes (714) 536-5259 if uentes(c�surfcity-hb. org 2020 Fall Pavement Rehabilitation Project Contract Amount: $2,499,333.00 Start Date: 07/2020 End Date: 12/2020 Pavement Rehabilitation — Barton Road Contract Amount: $768,677.00 Start Date: 04/2020 End Date: 12/2020 Granite Hill Drive Pavement Rehabilitation Contract Amount: $999,777.00 Start Date: 04/2020 End Date: 10/2020 JOC Pavement Maintenance Contract Amount: $2,584,747.69 Start Date: 07/2020 End Date: 08/2020 Annual Residential Street Rehabilitation — Phase 1 Contract Amount: $5,295,068.00 Start Date: 05/2020 End Date: 11/2020 Arterial Rehabilitation of Graham St, Slater Ave, Newland St and Atlanta Ave Contract Amount: $5,181,955.00 Start Date: 05/2020 End Date: 11/2020 2020 PAST WORK REFERENCES City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Patricia Kharazmi (949) 644-3344 pkharazmi(a-)-newportbeachca.gov City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Contact: Theresa Tran (714) 548-3460 ttran o.westminster.ca.gov Crescenta Valley Water District 2700 Foothill Boulevard La Crescenta-Montrose, CA 91214 Contact: Brook Yared (818) 236-4117 byared(a)-cvwd.com City of Alhambra 111 S. 1st Street Alhambra, CA 91801 Contact: Robert Bias (626) 580-5000 rbias(5-).cityofalhambra.org County of Ventura 800 S. Victoria Avenue, #1600 Ventura, CA 93009 Contact: Matt Maechler (805) 477-1911 matthew.maechler(a�ventura.org City of Camarillo 601 Carmen Drive Camarillo, CA 93010 Contact: Thang Tran (805) 388-5345 ttran(a�,cityofcamarillo.o g Cameo Highlands Street Reconstruction Contract Amount: $2,425,694.00 Start Date: 07/2020 End Time: 11/2020 Citywide Overlay Street Improvements Contract Amount: $1,131,621 Start Date: 02/2020 End Date: 06/2020 Final Paving of Pennsylvania Ave Contract Amount: $82,620.00 Start Date: 02/2020 End Date: 04/2020 2020 HUD Street Improvements Project Contract Amount: $300,433.00 Start Date: 06/2020 End Date: 10/2020 Yerba Buena Rd. (South) Pavement Resurfacing Contract Amount: $2,298,467.40 Start Date: 03/2020 End Date: 06/2020 Earl Joseph Drive Paving Contract Amount: $681,901.50 Start Date: 06/2020 End Date: 07/2020 2020 PAST WORK REFERENCES City of Norco 2870 Clark Avenue Norco, CA 92860 Contact: Sam Nelson (951) 270-5607 snelsona-ci.norco.ca.us City of Orange 300 E. Chapman Avenue Orange, CA 92886 Contact: Martin Varona (714) 744-5563 mvarona(a)cityoforange.orq FY 2019-2020 Slurry Seal Project Contract Amount: $147,708.97 Start Date: 06/2020 End Date: 12/2020 Annual Slurry Seal FY 19-20 Various Locations Contract Amount: $377,737.78 Start Date: 06/2020 End Date: 12/2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are ` cautioned that making a false certification may subject the certifier to criminal prosecution. 01 Signed- _•- �� Edward J. Carlson, Vi e President State of California County of Subscribed and sworn to (or affirmed) before me on this da , 20_, by proved to me on the basis is actory evidence to be the person(s) who appeared before e �] Not lic Signature Notary Public Seal P-18 of P-23 2CALIFORNIA JURAT GOV CODE § 8202 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 Riverside 5�" °v ry SARAH AMANDA LANGLEY Notary P;;b'.ic - California = G River5ioe Co:.nty Commission = 2337877 My Comm. Expires vov 20, 2024 Subscribed and sworn to (or affirmed) before me on this 22nd day of _June 2Q23. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature� Vt 4JNWk I 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. Further Description of Any Attached Document Title or Type of Document Non Collusion Affidavit Document Date: 06/22/2023 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Top of thumb here Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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-19 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 7. 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: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 4, /2 2 / 20 2 3 P-20 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Ap renticeship Council. Signed:�s.�i Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: �y12212a2 3 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. / Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: �. /,?Z/ZaZ 3 P-22 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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, proprietary interest in the BIDDER, ever been from bidding on, or completing a federal, sta violation of law or a safety regulation? Yes No X or any employee of the BIDDER who has a disqualified, removed, or otherwise prevented te, or local government project because of a If the answer is yes, explain the circumstances in the following space. P-23 of P-23 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE This CONSTRUCTION CONTRACT is made and entered into this 29 h day of August, 2023 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: CONTRACTOR agrees to perform all the work and fiunish 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 Grand Avenue Rehabilitation From Warner Avenue to Edinger Avenue Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Five Hundred Sixty -Four Thousand Eight Hundred Thirty -Five Dollars and No Cents ($1,564,835.00), 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. 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. Page 1 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -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: httv://www.santa-ana.org/pwa/doguments/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. 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; Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) 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. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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 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 NAME: Michael Farkas TITLE: Secretary Page 4 of 4 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 tnithfidness. accuracv. or validity of that document. State of California County of Riverside on August 15, 2023 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name(oof Signer(s} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/a-re subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4e4th& authorized capacity(ies), and that by his(her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my KENCINA NAZARI I certify under PENALTY OF PERJURY under the laws of the State of Notary Public - CaliforniaRiverside CountyCalifornia that the forgoing paragraph is true and correct. Commission # 2318601 Comm. Expires Jan 10, 2o2a WITNESS my han an official seal. Signature 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 Signature Palge — City of Santa Ana Construction Contract 22-6987 Document Date: August 15, 2023 Number of Pages: 4 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Corporate Officer — Title(/eral ❑ Partner ❑ ❑ Limited ❑ General ❑ Partner El❑ Limited ❑ Ge ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NQ.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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 finrnish 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 UnitPrice Amount 1 Unclassified Excavation* 680 CY $ $ 340.00 231,200.00 2 Cold Mill (2')* 169,000 SF $ $ 0.34 57,460.00 3 Cold Mill (3")* 121,000 SF $ $ ' 0.50 60,500.00 4 AC Pavement* 1,4o0 TN $ $ 131.00 183,400.00 5 Asphalt Rubber Hot Mix* 3,700 TN $ $ 147.00 543,900.00 6 Crushed Miscellaneous Base* 242 TN $ $ 91.00 22,022.00 7 PCC Sidewalk (4")* 1,400 SF $ $ 15.00 21,000.00 8 PCC Driveway Approach 600 SF $ $ (Commercial= 8")* 26.00 15,600.00 9 PCC Curb and Gutter (Type A-2- 1,700 LF $ $ 8)* 66.00 112,200.00 10 Cross Gutter (Arterial Street)* 3,800 SF $ $ - 25.00 95,000.00 11 PCC Bus Reinforced Pad* 100 SF $ $ 77.00 7,700.00 12 PCC Grinding* 100 LF $ $ 47.00 4,700.00 13 Root Shave* 3 EA $ $ $1,005.00 3,015.00 P-7 of P-23 CITY OF SANTA ANA PRQPQSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE Item Description Qcy Unit Unit Price Amount 14 Furnish and Install New Water 1 EA 8 $ Meter Frame and Cover to Finished 559.00 559.00 Grade* 15 Adjust Water Valve Frame and 35 EA $ $ Cover to Finished Grade* 1,600.00 56,000.00 16 Furnish and Install New Sewer and 18 EA $ $ I)rainageManhole to Finished 2,300.00 41 400.00 Grade* 17 Furnish and Install New #6 1 EA $ $ Pullbox* 1,675.00 1,675.00 18 Furnish and Install Traffic Loops 68 EA $ $ (Type E)* 330.00 22,440.00 19 Furnish and Install Traffic Loops 44 EA $ $ (Type F)* 360.00 15,840.00 20 Project Advertisement Sign 2 EA $ $ 3,362.00 6,724.00 21 Signing and Striping 1 LS $ $ 47,500.00 47,500.00 22 Construction Permit 1 LS $15,000 $15,000 P-8 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE TOTAL BASE BID s 1,564,835.00 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 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 number 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 $4, 375.00 per calendar day. Name of Firm All American Asphalt Signature of BIDDER Title Edward 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.) P-9 of P-23 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-6987: Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Construction Contract $ 1,564,835.00 Contract Administration, Inspection and Testing $ 234,900.00 Contingencies $ 313,265.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,113,000.00 e Grand Avenue Rehabilitation: Warner to Edinger i Street Improvements Arterial Street Rehabilitation ■ i Public Works 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. i Construction Engineering e RMRA SB1 i CIP Engineering 11 Favement Management Program has been developed to l deferred maintenance requirements for the City's arterial to move toward preventative maintenance. As one of the l streets, Grand Avenue pavement rehabilitation is a high priority in the Pavement Management Program. r Y i r i r r 1,544,221 - 124,000 - 1,668,221 ■ a Kenny Nguyen, Senior Civil Engineer 07-May-2021 8