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Item 20 - Award a Construction Contract to Aguilar & Calderon for Sidewalk Replacement Project
Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 21, 2025 TOPIC: Sidewalk Replacement Project AGENDA TITLE Award a Construction Contract to Aguilar & Calderon Corporation for the Sidewalk Replacement Project FY 24-25 (No. 25-6029) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,000,000 in construction funds for the Sidewalk Replacement Project FY 24-25 (No. 25-6029). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,000,000, which includes $731,255 for the construction contract, $85,932 for contract administration, inspection, and testing, $73,126 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project, and $109,687 for additional work for contract change orders needed to reduce the City's sidewalk repairs backlog. 3. Award a construction contract to Aguilar & Calderon Corporation, the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $731,255, subject to change orders, for construction of the Sidewalk Replacement Project FY 24-25 Project (No. 25-6029), for a term beginning January 21, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that pursuant to the California Environmental Quality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-102 was filed for Project No. 25-6029. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency is responsible for identifying the preventative maintenance requirements for the City's sidewalk network. The Sidewalk Replacement Project FY 24- 25 Project (No. 25-6029) will consist of the localized replacement of concrete sidewalks, Sidewalk Replacement Project January 21, 2025 Page 2 curb and gutter, driveways, and curb ramps (Exhibit 1). The Sidewalk Replacement Program makes repairs citywide, every year focusing on a specific geographic area of the City. This fiscal year will focus on the west side of the City. Once completed, these improvements will improve the City's overall sidewalk conditions, enhance the visual appearance of the street, upgrade pedestrian access, drainage, and support compliance with Americans with Disabilities Act (ADA) standards. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 62 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of 12 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 October 1, 2024 and October 8, 2024. The project was also advertised in PlanetBids from October 1, 2024 to October 24, 2024. Bids were received electronically via PlanetBids on October 24, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID + ALTERNATES 1 Aguilar & Calderon Corporation Whittier, CA $731,255 2 CJ Concrete Construction, Inc. Santa Fe Springs, CA $747,705 3 SAVI Construction Inc. Chino, CA $784,505 4 Hardy & Harper, Inc. Lake Forest, CA $800,015 5 Nobest Incorporated Westminster, CA $868,555 6 Carter Enterprises Group Inc. Anaheim, CA $876,000 7 Asad Holdings LLC Laguna Hills, CA $892,025 8 Addison -Miller Inc. Orange, CA $970,605 9 Vido Samarzich, Inc. Rancho Cucamonga, CA $978,280 10 A M Concrete, Inc. Thousand Oaks, CA $998,505 11 EBS General Engineering Inc. Corona, CA $1,124,305 12 Aster Construction Services, Inc. Los Angeles, CA $1,546,905 A total of 12 bids were received and 12 were deemed responsive. Aguilar & Calderon Corporation submitted the lowest responsive base bid and bid alternates in the amount of $731,255 (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 Aguilar & Calderon Corporation (Exhibit 3). Sidewalk Replacement Project January 21, 2025 Page 3 Proiect Delive To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the Contractor's work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. Staff requests the approval of City Council to allocate and authorize an additional work fund of $109,687. Since the construction contract bid amount came in under budget with favorable unit pricing, it allows the opportunity for reconstruction of additional sidewalks, curbs, and gutters. This additional work fund will enable staff to issue contract change orders to add additional work necessary to reduce the citywide backlog of sidewalk improvements. 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 $1,000,000. Project Item Total Construction Contract Bid Amount $731,255 Construction Administration $39,000 Inspection $37,181 Testing $9,751 Project Contingencies $73,126 Additional Work Fund $109,687 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,000,000 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-102 was filed for Project 25-6029 (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,000,000. All funds are available for expenditure in Fiscal Year 2024-2025. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-2026. Sidewalk Replacement Project January 21, 2025 Page 4 The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders for additional sidewalk repairs. Staff will return to City Council for authorization and appropriation of additional contingency if necessary. The funds will be budgeted and available for this item in the account below. Fiscal Accounting Unit Fund Accounting Unit, Year _Account No. ccoujec Description Account Description Amount pro CURRENT BUDGET PW Sidewalks — Service 2024-25 01117626-62300 General Enhancement, $1,000,000 (25-6029) Fund Contract Services - Professional TOTAL $1,000,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Environmental Determination 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 Project Location Casa De Santiago Neighborhood —\ GARDEN GROVE 6L 1 1 k Project Location Santa Anita Neighborhood STMINSTER AV i 17TM - • 'a CI' 1 6 x 1 w y ,' 1ST8T ❑ 1STST M 1 m y 1 W x � Lu � • MC FADDEr AV AV 1 EDINGER 't EbIN ER Project Location Central City Neighborhood ;i WARNER AV SEGERSTROM AV F 4 c M O 4 MACARTHURBLV SUN FL ER AV Project Location Fisher Park Neighborhood tVETA AV J w co co K J _ FAIRHAVE N AV 17TH ST a I dTH ,�T 1 ST sr 1 L� 1 1 EDING E R AV WARNER AV � � DYER RD b F- Yi6 Exhibit 1 SANTA ANA : Project 25-6029 ua Sidewalk Replacement Project FY 24/25 PUBLIC WORKS AGENCY P1 EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Aguilar & Calderon Corp. 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 Remove and Construct 4" PCC 33' 700 SF $ 14.00 $ 471,800.00 Sidewalk* 2 Remove and Construct PCC Curb & 1'800 LF $ 34.00 $ 61,200.00 Gutter* 3 Remove and Construct PCC Curb Ramp* 2,900 SF $ 24.00 $ 69,600.00 4 Remove and Construct 6" PCC 4,700 SF $ 25.50 $ 119 850.00 Driveway* ' 5 Construction Permit 1 LS $ 8,805.00 $ 8,805.00 P-1 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 TOTAL BASE BID $ 731,255.00 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 7-3.5 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. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Ninety (90,) 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 $1,300 per calendar day. Name of Firm Aguilar & Calderon Corp. Signature of BIDDER Title 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-2 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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 Aguilar & Calderon Corp. Signature of BIDDER Title 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-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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: Aguilar & Calderon Corp. Business Address: PO BOX 1511, Whittier, CA 90609 Business E-Mail Address: anc@aguilarcalderon.com Telephone: 562-265-8815 State Contractor's License No. and Class: 988688, A & B License Expiration Date: 11 /30/2024 State Dept. of Industrial Relations (DIR) Registration No.: 1000678915 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2026 Signed: l� Title: President P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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 Aguilar & Calderon Corp. Signature of BIDDER X� Title President (if an individual, so state) P-5 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Marlon Calderon , being duty 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: Aguilar & Calderon Corp. 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: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for hi elf or any other person. r S-i-Wa66 of Kidder Subscribed and sworn to before me this day of 1304iPtc- 20 Ll Signatu o off e Adtnini ri Da (Notary Public) �_ � ':° RYNE 9ANZUELA COMM. # 2484744 Vl hCTARr PLIBLIC•CALIFORNIA y OAANG"z COl NTY " Mr CCJAI DIP APR 6, 2028 P-6 of P-1 S CITY OF SANTA ANA PROPOSAL PROJECTNO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 M-131161M KNOW ALL PRESENT that, Aguilar & Calderon Corporation , as BIDDER, and The Gray Casualty & Surety Company , as SURETY, are held and firmly hound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% ), which is ten percent (I 0%) of the total amount bid by BIDDER to AGF..NCY 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 hi 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 24th day of October BIDDER* Aguilar & Calderon Corporation 15738 Yermo Street Whittier CA 90603 562 285 - 8815 SURETY* The Gray Casualty & Surety Company ille. LA 70471 (504) 780-7440 Pietro Micciche Attomey-in-Fact Preferred Bonding & Insurance Service 4326 Eagle Rock Blvd Los Angeles, CA 90041 (323) 663 - 7814 Subscribed and sworn to before me .20 Signature: z Jlle�� Notary Public in and for the Coun if , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-19 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On October 24, 2024 before me, Ryne Banzuela, Notary Public ere insert name and He of ine oR'cer personally appeared Marlon Calderon , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-') Is re subscribed to the within instrument and acknowledged to me that (EEMelthey executed the same in Is er/their authorized capacity(ies), and that by Is eNtheir 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 foregoing paragraph is true and correct. —F''�. RYNE SANZUELA WITNESS my hand and official seal. - Comm.# 2484744 N` Y.45 - _ T17.y PUSUC-CWFORNIA / oaw;GE CCU{TY r+ W C V."J tze APR 6. 2028 Nota P%Lbhc ig ture (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond (title or description of attached document) (title or description of attached document continued) umber of Pages Document Date CAPACITY CLAIMED BY THE SIGNER p Individual (s) El Corporate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, Jneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to char slate so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must pnnt his or her name as it appears wahin his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Iai`she/the�—, is /am) or circling the correct forms Failure to correctly indicate ttus information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. +7 Indicate title or type of attached document, number of pages and date 41 Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e, CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. 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 Los Angeles ) On MT 2 4 ?oy before me, An Date personally appeared Pietro Micciche el Nunez, Notary Public Here Insert Name and Title of the Officer Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person%) whose name(g) isl&V subscribed to the within instrument and acknowledged to me that he/AWfty executed the same in hislog4t`ftX authorized capacity(#X), and that by his/f+iWMIKXsignature(p) on the instrument the person(, or the entity upon behalf of which the person%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGEL NUNE1 WITNESS my nd official Notary Public • CAdfornia Los Angeles County Commission K 2412770 Signatu e s *my Comm. Expires Mir 14. 2029 Signature - - - f X/11' 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: Number of Pages: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limi d I - General ❑ Individual . Attomey in Fact ❑ Trustee [. Guardian or Conservator ❑Other: --- .._._ Signer is Representing: Signer's Name: _. i Corporate Officer — Tltle(s): ❑ Partner — I Limited I 'General ❑ Individual v Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r-i Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary org • 1.800 US NOTARY (1-800-876 0827) Iten1 #5907 Preferred Bonding Services 10/09/2024 1 1. 00 1389960044436 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: lU � � Principal: RqO a r nod Cod erpvi CU PLYA11DA Project: ?djj Ck No 26402q Si;Ae WAIF r-e?kvkCeV1AtvtJ frO'lec+ Fy Iq— 25 KNOW ALL BY THESE PRESENTS. THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Patricia Zenizo, Elisabete Salazar, Angel Nunez, and Pietro Nlicciche of Los Angeles, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorncy(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed. bonds, or other writings obligatory in the nature of bond, as surety, contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25.000,000.00, This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26,h day of June. 2003. "RESOLVED, that the President, Executive Vice President. any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be atlixed to any such Power ol'Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company IMNe causrd Iheirofficial seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4'h day of November. 2022. 9 u R A N V SWA �'� Y 8L SEAL 13y: Michael 1. Gray Cullen S. 1'tskc SEAL' President President 1 �.. The Grav Insurance Company The Gray Casualty & Surety Company t i State of Louisiana ss: Parish of JetTerson On this 41h day of November. 2022. before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company. and Cullen S. Piske. President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of. and acknowledged said instrument to be the voluntary act and deed, of their companies. Leiyh Anne Henican �6���Uw k010/1— Noury Public Leigh Anne Henican Notary ID No.92653 Notary Public, Parish of Orleans State of Louisiana Orleans Parish, Louisiana My Commission is for Life 1, Mark S. Mangano. Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy ofa Power of Attorney given by the companies, which is still in full force and effect. IN WVIN) SS WHEREOF. I ha,.e set my hand and allixed the seals of the Company this 7g4h day of OC �7 u /' &-�/�/1+&"A 1. Leigh Anne Henican., Secretary of The Gray Casualty & Surety Company, do hereby certify that the abnve and forboiny: i; a true and correct copy of a Power ofAltorttey given by the companies, which is still in full force and effect. iN WITNESS WI IFRI:01 . I hAVt't AO hand aW affixed the seals of the Company this gqOl day of &(oW r, . 2D2 i1 0 R A N ca SEAL �t SEAL T' � i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). IDDER proposes to subcontract certain portions of the work to the firms listed below: License xp DIR Reg. # Location Phone Type Of Work Amount $ 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 $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Type O ork Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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. I City of Buena Park, 6650 Beach Blvd., Buena Park, CA 90621 Name and Address of Owner. Aaron Esparza-Almaraz, 714-562-3690 Name and Telephone Number of person familiar with project. $800,000 ADA sidewalk improvements 2024 Contract Amount Type of Work Date Completed 2. Orange County Public Works Name and Address of owner. Erik Nelson, 714-667-1609 Name and Telephone Number of person familiar with project. $1,100,000 New restroom and walkway improvemens 2023 Contract Amount Type of Work Date Completed 3. City of Fullerton, 303 W. Commonwealth Ave., Fullerton, CA 714-738-6853 Name and Address of owner. David Grantham, 714-738-6853 Name and Telephone Number of person familiar with project. $500,000 Stormdrain replacement and walkway Improvements 2022 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Preferred Bonding & Insurance Services, 323-663-7814, 3455 Ocean View Blvd., Glendale, CA 91208 P-9 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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. I. City of Whittier, 13230 Penn St., Whittier, CA 90602 Name and Address of Owner. Alfredo Hernandez, 562-567-9512 Name and Telephone Number of person familiar with project. $500,000 Citywide Guardrail Replacement Contract Amount Type of Work 2. City of Corona, 400 S. Vicentia Ave., Corona, CA 2024 Date Completed Name and Address of owner. Tracy Martin, 951-817-6980 Name and Telephone Number of person familiar with project. $500,000 Citywide sidewalk and walkway improvements 2022 Contract Amount Type of Work Date Completed 3. City of Whittier, 13230 Penn St., Whittier, CA 90602 Name and Address of owner. Lucila Martinez, 562-567-9527 Name and Telephone Number of person familiar with project. $650,000 Landfill Slope Remediations 2024 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Preferred Bonding & Insurance Services, 323-663-7814, 3455 Ocean View Blvd., Glendale, CA 91208 P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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 afalseeertification may subject the certifier to criminal prosecution. Signed State of Califonni County of e1,s Subscribed and sworn to (or affirmed) before me on this 2V day of 06ol r , 20Z� by MQ/%n (� �dt.rp� , proved to me on the basis of satisfa ,t _eYidence to be the person(s) who appeared before me ,. � �r � RYNE BANZUELA { Co�AM.# 2484744 [jy � - = Pu6L'C-CALIFQRIVA �++ Q4Ati'i C9U�TY r A� n,� y MY CovA EXP OR 6, 2628 Notary Public Seal P-11 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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: President Firm: Aguilar & Calderon Corp. Date: 10-24-24 P-13 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: President Firm: Aguilar & Calderon Corp. Date: 10-24-24 P- l 4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 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: President Firm: Aguilar & Calderon Corp. Date: 10-24-24 P-l5 of P-l8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 FLEET COMPLIANCE CERTIFICATION Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449. 1 (f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder: Aguilar & Calderon Corp. Signature Name: Marlon Calderon Title: President Date: 10-24-24 P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described inSection2-2a and the Notice of Inviting Bids. Signed: X�� Title: President Firm: Aguilar & Calderon Corp. Date: 10-24-24 P-18 of P-18 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 25-6029 SIDEWALK IMPROVEMENT PROJECT FY 24-25 This CONSTRUCTION CONTRACT is made and entered into this 21" day of January, 2025 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 Aguilar & Calderon Corporation (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 Sidewalk Improvements Project FY 24-25(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 Seven Hundred Thirty -One Thousand Two Hundred Fifty -Five dollars and Zero cents ($731,255.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 3 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: CWA Citv of Santa Ana 12-20-2023 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. 8. 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; (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 (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. 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 By: A� K Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Na b i l Saba Da e: 2024.12.18 11:15:50 -08,00, NABIL SABA, P.E. Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ City Manager CONTRACTOR: Aguilar & Calderon Corporation NAME: Marlon Calderon TITLE: President Page 3 of 3 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Aguilar & Calderon Corp. 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 Remove and Construct 4" PCC 33,700 SF $ 14.00 $ 471 800.00 Sidewalk* 2 Remove and Construct PCC Curb & 1,800 LF $ 34.00 $ 61,200.00 Gutter* 3 Remove and Construct PCC Curb Ramp* 2,900 SF $ 24.00 $ 69,600.00 4 Remove and Construct 6" PCC 4,700 SF $ 25.50 $ 119,850.00 Driveway* 5 Construction Permit 1 LS $ 8,805.00 $ 8,805.00 P- l of P- l 8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 TOTAL BASE BID $ 731,255.00 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 7-3.5 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. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Ninety (90)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 $1,300 per calendar day. Name of Firm Aguilar & Calderon Corp. Signature of BIDDER Title 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-2 of P-18 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 25-6029: Sidewalk Replacement Project FY 24/25 Construction Contract $ 731,255.00 Contract Administration, Inspection and Testing $ 85,932.00 Contingencies $ 73,126.00 Additional Work Fund $ 109,687.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,000,000.00 EXHIBIT 5 ORANGE COUNTY CLERK -RECORDER CEQA FILING COVER SHEET � wace�aaa I�, �Ici,iw�,d., ora,ea County HIIIIIIIIIIIIIII Ili IGII1IIIIIIIIIIIIIIIIIIIIIIIIW II.NIII NO FEE * S R 0 0 5 2 1 5 2 1 $ * 20248500094711:56 am 10/23/24 428 ORVIT01A Z01 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 3a-1012-3&7 aZ.1-1- 0q 34 THIS SPADE FOR CLERK'S USE ONLY Complete And attach this form to each CEQA Nctice filed with the County Clerk -Recorder TYPE OR PRINT CLEARLY Pr9ject Title SIDEWALK REPLACEMENT PROJECT FY 24/26 Check Document beina Filed: 0 Environmental Impact Report (EIR) 0 Mitigated Negative Deolaratlon (MND) or Negative Declaration (ND) eNotice of Exemption (NOE) 0 Other (Please fill in type): FILED OCT 2 3 2024 ORANGE COUNTY CLERK -RECORDER DEPARTMENT BY: _— } _ DEPUTY FILED 1N THE OFFICE OF THE GRANGE COUNTY CLERK -RECORDER ON ociob`23,2024 Posted for 30 days ~� DEPUTY MELISSA GOMEZ Piling fees are due at the time a Notice of 0eta rminatlon/Exemption Is filed with our office.For more Information on filing foes and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753.5. MAYOR Va lerle Arnezcu a MAYOR PRO TEMI Thai Viet Phan COUNCILMEMBERS Phil Bacorra Johnathan Ryan Hernandez Jessie Lopsz David Panaloza Renjanaln Vazqudz PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-36) P.O. BOX 1988.Santa Ana, California 92702 (714) 647-5690 - Fax (714) 847-5823 www.santa-ana.org NOTICE OF EXEMPTION CITY MANAGER Alvaro NLAoz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Sidewalk Replacement Project FY 24125 Project Number(s): 25-6029 Project Location: Santa Anita, Central City, Casa De Santiago, Fisher Park Neighborhoods City: Santa Ana 'County: Orange ER Number. ER-2024-102 Date of Approval 12/17/2024 Project Description: removal & replacement of concrete sidewalks, curb & gutter, driveways, and curb ramps. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: * Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)1(5)) ❑ Statutory Exemption: Chi Categorical Exemption: 16301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of repair/maintenance of existing public facilities. City Contact: Sama ha Chenelia Title: Assistant Engineer Signature: SANTA ANA CITY COUNCIL FILED OCT 2 3 2924 ORANGE COUNTY CLERK -RECORDER DEPARTMENT BY. 1 l DEPUTY Telephone: (714) 647-5033 Date: 161251Z9 Varer,eAmezcua Thai Met Phan Jessie Lopez Benjamin Vazquez Phil Bacerra Johlathan Ryan Hernandez I David Penaloza Mayor I Mayor Pro Tam, warcti ward 3 I Ward 2 Ward 4 I Ward S Ward 6 s loh n&santa•ann.om ;licsstelonez�bsaeta0eaoro bvazq_uez tsanla-ana.ora; j�yanharnan yenta-ana.omdq alQ �arrte•ana.ora State of California - Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01/01123) Previously 0FG 753.5a Prlrit. RECEIPT NUMBER; 30 -- 10123/2024 — 0934 STATE CLEARINGHOUSE NUMBER (!f appNcabla) SEE INSTRUCTIONS ON I;;EVERSE. TYPE OR PRINT CLEARLY. LEADAGENCY LBADAGENCY EMAIL DATE CITY OF SANTA ANA 10/2312024 COUNTYISTATE AGENCY OF FILING DOCUMENT NUMBER Orange 202485000947 PROJECT TITLE SIDEWALK REPLACEMENT PROJECT FY 24/26 PROJECT APPLtCANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA, PUBLIC WORKS AGENCY (714 )647-5033 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 20 CIVIC CENTER PLAZA M-36 SANTA ANA CA 92702 PROJECT APPLICANT (Check appropriate box) Q Local Pub[IC Agency ❑ School District Other Special District State Agency Private Entity CHECK APPLICABLE FEES: © Environmental Impact Report (EIR) $4,061.25 $ 0.00 ❑ MltlgatodlNegattve Declaration (MND)(ND) $2,916.76 $ _ . ^ _ _ ___ 0.00 ❑ Certified Regulatory Program (CRP) document - payment due directly to CDFW $1,377.25 $ 0.00 (] Exempt from fee 0 Notice of Exemption (attach) ❑ CDFW No Effeot Determination (attach) d Fee previously paid (attach previously Issued cash receipt copy) ❑ Water Right Appf[cation or Petition Fee (State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ Other $ PAYMENT M ETHOD: Q Cash ❑ Credit © Check [I Other TOTAL RECEIVED $ 0•00 SIGNATURE AGENCY OF PILING PRINTED NAME AND TITLE X MELISSA GOMEZ, DEPUTY DRIMNAL-PROJECTAPPLICANT COPY-COFWIASS COPY -LUA0AGENCY COPY -COUNTY CLERK 0FW753.5a(Roy.01/01/2023) EXHIBIT 6 PROJECT TITLE: Sidewalk Replacement FY 24125 PROJECT CATEGORY: Street Improvements Curb, Gutter, Sidewalk Improvements LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, wheelchair ramps, and driveway approaches. This project focuses on areas with the highest concentration of needed repairs, to help mitigate trip hazards and reducing potential claims and assist in complying with regulations by the American Disabilities Act. PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27128 FY 28/29 FY 29/30 FY 30131 Construction 840,942 - - - - - - Contingency 73,126 - Engineering 85,932 - TOTAL 1,000,000 - - - SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28129 FY 29/30 FY 30131 GENERAL FUND 1,000,000 - - - - - - DIVISION: CIP Engineering TOTAL 1,000,000 - - - - CONTACT: Gilbert Castillo, Senior Engineer DATE: 06-Jan-2025