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23A - PROJ - BIKEWAY IMPROVEMENTS
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: CONTRACT AWARD TO ALL AMERICAN ASPHALT FOR CONSTRUCTION OF A CLASS II BIKEWAY AND ALLEY /STREET IMPROVEMENTS (PROJECTS 136796, 146813, & 146803) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the Base Bid, in the amount of $631,573, for construction of the Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; Alley Improvements FY 2013 -14; and Chestnut Avenue Rehabilitation from Broadway to Main Street. 2. Approve the Cost Analysis for a total estimated project delivery cost of $757,888. 3. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $63,157. ENVIRONMENTAL & TRANSPORTATION ADVISORY COMMITTEE ACTION On April 8, 2014, the Environmental & Transportation Advisory Committee (ETAC) considered tree removals and replacements along Chestnut Avenue and Santa Fe Street. By a vote of 4 to 0 (1 absent), ETAC approved a motion for the removal of seven of the City -owned (Pine) trees and installation of replacement trees, conditional on planting of Tabebuia Alleviate trees, the number to be determined by City staff; and in areas that do not have enough room, one Crepe Myrtle tree may be planted, with the possibility of co- mingling the two tree species. DISCUSSION The recommended action will allow the City to enter into a contract with All American Asphalt and proceed with construction of three projects identified in the City's Capital Improvement Program. The work includes installing a Class II bikeway on Chestnut Avenue (Project 136796), replacing pavement within two alleys (Project 146813), and replacing pavement on a roadway segment of Chestnut Avenue (Project 146803). Both pavement replacement projects have been identified as high priorities in the City's Pavement Management Program. Additionally, the bike trail along Chestnut Avenue is one of the critical missing links of the City's Golden Loop. Once completed, these improvements will expand the City's Class II bikeway, repair existing drainage problems, enhance the ride quality of the street, extend the life of adjacent infrastructure, and enhance the visual appearance of the street. 23A -1 Contract Award to All American Asphalt for Class II Bikeway and Alley /Street Improvements September 16, 2014 Page 2 The improvements for the Class II Bikeway on Chestnut Avenue from Standard Avenue to Grand Avenue include widening the roadway along the north side between Standard Avenue and Santa Fe Street to accommodate the bikeway within the existing right -of -way. Construction of the Chestnut bike lanes is part of the City's approved Bikeway Master Plan. This project also further develops the City of Santa Ana Golden Loop Bikeway that will connect to the existing Class I Maple Bike Trail and to the future Class II Bikeway on Grand Avenue. Details of the improvements include constructing new street pavement; new concrete curbs, gutters, sidewalks, cross gutters, driveway approaches, and curbs ramps; and installing new street trees. The Alley Improvement project will replace asphalt roadway with concrete pavement in two alley segments (Exhibit 1). The existing asphalt in these locations is deteriorated with numerous potholes, excessive cracking, and evidence of pavement failure. The street improvements on Chestnut Avenue from Broadway to Main Street have been identified as a high priority need by the City's Pavement Management System. The pavement has deteriorated due to weather, age, and use. Street rehabilitation will reconstruct the existing concrete pavement and replace damaged curb, gutter, sidewalk, driveways, and ramps. Bid procedures were followed as established by the City's Municipal Code and in adherence to the Public Contracts Code. The Notice Inviting Bids was advertised on July 25 and 26, 2014, and bids were opened on August 14, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 17 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary Rank Name of Firm Location Bid 1 All American Asphalt, Inc. Corona $631,573 2 Excel Paving Company Long Beach $671,962 3 Beador Construction Company, Inc Corona $695,700 4 C. S. Legacy Construction, Inc. Pomona $716,546 5 R.J. Noble Company Orange $787,769 All American Asphalt submitted the lowest responsive bid of $631,573, which is comparable to the Engineer's Estimate of $600,085. Based on the bids received, staff recommends awarding this contract to All American Asphalt. 23A -2 Contract Award to All American Asphalt for Class II Bikeway and Alley /Street Improvements September 16, 2014 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Environmental Reviews No. 2012 -37, No. 2014 -75, and No. 2014 -76 have been completed and a Categorical Exemption has been filed for Projects 136796, 146803, and 146813. FISCAL IMPACT The estimated total delivery cost of this project is $757,888, which includes construction, contract administration, inspection, testing, survey, and contingencies (Exhibit 2). The following funding is available for this project: Traffic Congestion Relief -HUT (Account 05917663 - 66220, Activities 13679602028, and 14681302028); Gas Tax Residential Street Improvement (Account 05817661- 66220, Activity 14680302028); Select Street Construction (Account 05917660- 66220, Activity 13679603028); and, Measure M2 Local Fairshare (Account 03217662 - 66220, Activity 14681301028). C_ Edwin "William" Galve , P.E. Interim Executive Director Public Works Agency EWG /ML Exhibits: 1. Location Map 2. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 bg PROJECT NO. 13 -6796: CHESTNUT AVENUE CLASS II BIKEWAY FROM STANDARD AVENUE TO GRAND AVENUE FEDERAL PROJECT NO. CM- 5063(148) r u, LOTH T N a rn o z m a f 17TH STREET Innnl PROJECT NO. 14 -6813 ALLEY IMPROVEMENT - FY 13/14 PROJECT NO. 14 -6803: CHESTNUT AVENUE REHABILITATION FROM BROADWAY TO MAIN STREET I�.111 ^3��i1 SANTA ANA PROJECT NO. 13-6796: CHESTNUT AVENUE CLASS II BIKEWAY FROM CITY COUNCIL STANDARD AVENUE TO GRAND AVENUE FEDERAL PROJECT NO. CM- 6063(146) PW A AGENDA DATE; PROJECT NO. 14-6813'. ALLEY IMPROVEMENT - FY 13/14 SEPTEMBER 16,2014 PUBLIC Woaxs AGENCY PROJECT NO. 14,6803: CHESTNUT AVENUE REHABILITATION FROM BROADWAY TO MAIN STREET 23A -5 PAGE IOF1 COST ANALYSIS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS EXHIBIT 2 23A -6 $631,573 $22,106 $28,421 $12,631 $63,157 $757,888 MAYOR Mipvel A. Pulldo MAYOR PRO TBM Sal Tna)0ro COti1NGILMEMBER5 Angelloa Arrezcua P. Oavld Benavldes Michele Martinez Roman Reyna Vincent R Sarmiento August 5, 2014 ADDE LQUM No, ONE x PUBLIC WORKS A FNCY 20. CIVICCanlar Plaza M -36 • P.O, Box 1:998 M -36 Santa Ana, Callfornla 92702 ?N wsanta °ana,oro CITY MANAOCR David Cavazos CITY ATTORNEY SCnia. R, Carvalho CLERK -OF TFIB COUNCIL Marla 0. Hulzor SUBJECT; PROJECT NO$, 113-6790,14-6813,14w6003,, CHESTNUT AVE. CLASS 11 BIKEWAY FROM STANDARD AVE. TO GRAND AVE.;. CM- 5063(148), ALLEY IMPROVEMENT - FY 13114 AND CHESTNUT AVE, REHABILITATION FROM BROADWAY TO MAIN STREET The following changes and clarifications have been made to Specifications for the subject project; S eciticatioY>is 1. Appendix G: Replace entire Appendix G with the attached Appendix . All other terms and conditions remain the same. FOR THE C , F SANT/�,IINA s, � Taig Higgins, P.E. Acting Gity EnRlne CAN rA ANA CITY COUNCIL Mlguslk Polldo I Sal Tnalero i VlnoaotP. yard as alcnale- MaUirn I Agdaca Aa,waca F. rtavld aennid. Raman neyaa ry,ayor I Mayor Pia Yoip, Werd 0 Ward l Ward 2. Am S 1 Ward 4 Ward a h1NyL194R]i4WNaa9aSr9 % ak71Sf9C7b_USM7x .,911i Y`a"Ali11S1adkR9&91Yf0:' mora I MMRGLaAbOdE#.3.GI3iW&.59. I Amramag.S;LtL- Wt1NMa: 1, Fidl9tld'i,LpBA@1n ,a a BZ111matumiarA 23A -7 ,; CITY OF SANTA ANA Project No, 13 -6796: Chestnut Avenue Class It Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 41l fi-m ®rn A) In ,r1r ALA U REQUIREMENT: " The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans, specifications and special provisions, for the unit price(s) or limp sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. 2. 3. 4. 5. 6 7. 8. 9. 10. 11. 12, 13. 14. .. 15, Clearing and Grubbing (Project 13- 6796) Unclassified Excavation . PCC Pavement Removal Remove Excess Dirt AC Pavement Crushed Aggregate Base Cold Mill Grind PCC Construct PCC Curb Ramp Construct PCC Driveway Approach (T =6 ") Construct PCC Curb and Gutter (Type A -2 -6) Construct PCC Curb (B -1) Construct PCC Alley Construct PCC Cross Gutter Construct PCC Sidewalk LS 1 CY 1,680 $ k09 — $-J-L6—U0 — CY 370 $_"I,.4q $ J 2)- 0 — CY 75 $ —11 — $ 5,11 G — TN 1,360 $ 103l� TN 200 $—LL5 $ q000 SF 2,000 $ 9*= $ O ()()C)() — LF 20 $ ,Tl " $A5-- D SF 990 $ —L(1 =` $� SF 1,000 $ 8— $ goo �- LF 720 LF 150 CY 270 SF 1,350 SF 5,000 $ $ 2550 $_1I. $ 51 �fii $-U.- TO BE INCLUDED IN BID PACKAGE BP I of 27 23A -8 CITY OF SANTA ANA Project No, 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to #'✓ Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price 'xJ 16. Furnish and Install Parkway Culvert Type `B" per C.S.A Std. Plan No. 319 17. Traffic Signal Modification at Standard Ave, & Chestnut Ave, (Project 13 -6796) 18. Furnish and Install Fire Hydrant per C.S.A. Std, Plan No. 1405 19, Funish and Install 1" Water Service and Meter per C.S.A. Std. Plan No. 1401 20. Root Shave 21. Furnish and Install 24" Box Crape Myrtle (White) 22. Furnish and Install 24" Box Tabebui (Pink Trumpet). 23. Furnish and Install Sewer Clean Out 24. Adjust Existing Miscellaneous Utility and cover to Finish Grade 25. Adjust Water Valve Frame and cover to Finished Grade 26. Furnish and Install New Water Valve Frame and Cover to Finished Grade 27. Furnish and Install %z" Thick by 8" Wide Polyfoam EA 2 LS 1 EA 1 EA 13 EA EA EA EA EA EA EA LF ICEM Amount .q �I� M-1 $504op $ X70 -- $ 8 ZOO — 005 m $ 5,0505 — 1 $ r:??_` $ 13 25 10 $ `525 3 $ H'l0° $ 114 10 1 $ 500-- $ 00 — s $ isOO — s ► 600 39 $_ — $ 2210'Z TO BE INCLUDED IN BID PACKAGE BP 2 of 27 23A -9 CITY OF SAN'T'A ANA f ` Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL & CONTRACT AGREEMENT rv� BID PROPOSAL, continued 28. Adjust Pull Box to Finished Grade EA 3 $ 4-12— $ Nib 29. Remove Concrete Collar and Fill Plug EA 1 $ 4600- $-L/ boo -_ Drain with Concrete 30. Traffic Loop Detector (Type E) EA 18 $ I d`I ' $ 3 9 9, '® 31. Bicycle /Vehicle Loop Detector (Type- EA 17 $ 120 $ *� � H C) D circular) 32. Bicycle Loop Detector (Type Q) EA 3 $_ '3b $ -7 0 Pi — 33. Signing and Striping - Project 13 -6796 LS 1 $ I 280- -$ I L I 'i.80 -- 34. Signing and Striping - Project 14 -6813 LS 1 $ to s00 •- $ ICJ 15() -"' 35. Construction Sign EA 4 $ b Q0 — $ Lf Lf 00 " 36. Railroad Requirement LS 1 iLffloq $SA00 (Project 13 -6796) $b311`3°— TOTAL PROJECT NO.. TITLE & LIMITS BIDDER nn Firm l Pi 11 tyirnn l%sD_ Address P® BOY 0&ma CA V978 Phone 9n -7n-7m Fax 15-1- 73(.0.710 yLs _ Email ++)) Ile.wo -�� QIi r~ Td[ Nd(,6PdW.�T. Cord r " BIDDER Signature _ .4.4 d ultl.PriSIGfUt� TO BE INCLUDED ID PACKAGE BP 3 of 27 23A -10 {p s. k'9{ CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13114 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB- CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; ' /2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: Yz% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME S&D ('0hStru -iloy) NAME LOCATION Py Yl Ct is e. % Yvl ,A - -__- LOCATION PHONE _ -7)q 4o �i C1 - 2,1480 PHONE TYPE OF WORK -WJJ} -e r $-5 c; _QO - TYPE OF WORK $ NAME _ k 0l °�C7 L.CAh C`I S CCA r -e NAME _ LOCATION Ef)UJ2J -0 1'yl \1 Pa11ts,/ CALOCATION PHONE -11 U_ q lea 3 "' t$ U 15 PHONE TYPE OF WORK J aXac.lsrsJ- 6 I I Q(), — TYPE OF WORK $ NAME ( qi f . prn . tnq i (!=ej IY%1AME LOCATION La Pu e yl )- e CA. LOCATION PHONE kj 2,jp e 1() ° 1 3 &_ PHONE TYPE OF WORK 2 If.'M I CAt $ F) VS a-- TYPE OF WORK NAME V*f ee ety)CC', LOCATIONy PHONE TYPEOFWORK C1ffALqrVb$ ID250• -- NAME _ LOCATION PHONE TYPE OF WORK NAME C h r I S p C 0 ry) P, 1"1 „'/ NAME _ LOCATION YY1 l Y1l6 Y1 LOCATION PHONE to C}'a, ins PHONE _ TYPE OF WORK St 9ntr g a S10 ft'1 I TYPE OF WORK �$ B , `cQ Prss(&A BP 4 of 27 23A -11 TO BE INCLUDED IN SID PACKAGE CITY OF SANTA ANA - Project No. 13 -6796: Chestnut Avenue Class It Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14.6813: Alley Improvement -FY 13/14 Project. No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned, BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm AI 1 t6i ri e n vt open 1, n 1+ — Signal BIDD Title (if an BP 5 of 27 23A -12 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No, 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation fxom Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a finn or co- partnership, state the firm name and give the names of all individual co- partners composing the fine, If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY ACTION OF COUNCIL: Date 20 ACCEPTED FOR THE CITY OF SANTA ANA: EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY BP 6 of 27 23A -13 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No, 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The p�edpesedtbearhsepar __, �, hereby certifies that he has V�, has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CPR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or tinder are exempt,) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CPR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor, BP 7 of 27 23A -14 TO BE INCLUDED IN BID PACKAGE CITY Or SANTA ANA r Project No, 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. 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 Ire /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 tinder 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. TO BE INCLUDED IN BID PACKAGE BP 8 of 27 23A -15 CITY OF SANTA ANA f.,� Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No, 14 -6803; Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTOR (continued 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 gmposed for a violation of the Chapter. Signed Title Firm Bate BP 9 of 27 23A -16 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class lI Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No, 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION 1NSURANCF CFRTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unloss the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signec Title Firm /411 t ee 1ert= 4 � P t Date Sid N TO BE INCLUDED IN BID PACKAGE BP 10 of 27 23A -17 CITY OF SANTA ANA { Project No. 13 -6796: Chestnut Avenue Class Il Bikeway from Standard Avenue to .ene. Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 1.3/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT go REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 2. 3. -:f SLL Name and Address Name and Telephone Number of person familiar with project. Contract Amount and Address of owner, Type of Work Name and Telephone Number of person familiar with project, Date Completed Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. M { 9i37 -gA10 TO BE INCLUDED IN BID PACKAGE BP l l of 27 23A -18 OU1311 PAST WORK REFERENCES Department of Transportation 3521 1a University Or Irvine CA 92612 Coilftd: [),at Pharn, (949) 279-959f) City of Santa Clarita 2.3920 Valencia Blvd $anti Cl arita CA 91355 Contact. Whitlatch, (661) 259-209 LACIPW 900 S Fremont Ave Alhambra, CA 91903 Contact; Hector HQrnandez, (626) 458-2191 Department of Transportation 2021 Chioag6l Ave.;, 3-6 Rivei,side, CA 92501 Contact Mb�hqel Chen, (951) 8,30.6017 Route 74, Contract No, 12-OL6404 Contract Amount: $ 1,134;057 Start-,, Completed: 5/2013 2011/12 Overfay & Slurry Seat Pngvam Contract Amount; $5,995,,000 Start! 9/2012, Completed,- 5/2,013 Scven1h.Av ende Contract Amount $2,077fl00 Start: 9/2012 Cornpic-ted: 121209.7 Route 74, Contract No. 08-OP9504 Contract Amount: $3,450,622 Start: 6/2012 Completed- 9/201.3 City ol'I'aguna Hills Ciiywide Pavement Rehabilitation. 24035 �] Foro Rd Contract Amotmu $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact; Kerinetli Rosenfeld, ((?49) 707-2650 Completed; 9/.20I3 Cowly'(WRiverside Transportation 3525 141h St Riverside, CA 9250). Contact! Trai Nguyen, (951) 961-536.1 City of Azusa 213 E Foothill Blvd Azusa, CA 91702 Christina Ciglot, (626) 812-5254 (Alman Spring'.j Road Cotitract Amount: $.1,695,108 Start:. 7 /2013 Comploted; 9/2013 Pavement Mwagprnwt Improvements Contract Amount: $990,000 Start; 3/17/12 Completed: 1118/13 23A -19 ir2a -1.2„ PAST NVORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (3 10,) 2,85 -2�21'. City of Costa Mesa. 77 Fair Drive Costa Mesa, CA 92528 Contact:: Thomas Banks, (7.14) 754 -5222 City of Perrin 170 WilkersonAveaue,.S(e, C7 Ferris, )CA 9,2,570. Contact' Chris Sunde, (95 t) 943 -5604. City. of Dana Pc ut 33282 G'tilden Lantern Dana Point, CA 92:629 Contact': 'MattSinacori, (949) 245 -3574 City of Long Beach 333 W, Ocean Mvd,, 101h Floor Long Brach, CA 90802 Contact; Chwk Ramey, (562) 570.6034 City of" Satita ;Ana 20 Civic Canter Plaza Santa Ana; CA 9270 i Contact: Edward Torres, (714) -647 -5018 City of' Fountain Valley 10200 Slater Avenue Fountain Vahey, CAA g)7 8 Contact• Alex Salazar, (714) 5()3 -4516 201M0i l Street Resuxl'ircing Project Contract Amount: $2,800,Oftoo Start: 611/2011 Completed: 4/30/2012 2010- 2GI.1.Citywide street Rehsbilltation. C'antract Amount $2,778,000,00 Start: 7/1,1261.1 Completed: 2/29/2ol2 foss Field.Parktng. ExpAnsion Contract Amount, $190,000;00 Start: I / 1/2!0,2 Ccmplctedl 212:3/2`012 Pacific Coast Hit,+hway & Niguel Shares ContzaaAmount: $676,676:00 Start: 12/t/2011 Completed: 5 /30/2012 Willow Street lrnprovenarnts Contract Amount: $661,661,00 Start: 12G1 /2011 Completed; (5/30/2012 Bristol Street Widening Contract Amount $8,,315,754.00 Start: 5/1/2009 Completed! 3/16/2012 Edinger Avenue Improvement Contract Amount: ,$42.2,422,()() Start, M12012 C ompletedl: 8/t/2012 23A -20 ,x.011,1 PAST WORK; REFERENCES City of Comptgn 205 South Willowbrook Avenue Compton, CA 90220 Comae(: LcujuanalYfitchell, (310) 761 -1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contacts Franklin Luna, (909) 3 87 -7920 ;County of Riverside 2950 Washington Street ,Riverside, CA 92504 Contact David Hylkema,.(951) 850 -6075 City of s anton 7$00 KatellaAvenue Stanton, CA 90680.3162 Contact ::Quang Le; (714) 890 -4234 City of Tong Beach 333 West Ocean' Blvd., 10c' floor Long Beath, CA 90802 Contact: Chuck Ramey; (562) 57'0 -6634 City of Paramount 1,6400 Colorado Boulevard Paramount, CA 90723- 5012'. Contact: Leta Gorecki, ($62) 220.2111 City of Hnutington:Beach 2000 Main Street HauatingtonBeach, CA 92646 Contact: Dave Verona, (714) 375.8471 Northwood Avenue _Reconstruction Contract Amount: $1,180,004.(}0 Start: 10/16/2010 Completed: 5/4/2011 Cajon Blvd, Contract Amount: $('15,000 <00 Start: 3!1.1J2011 Completed: 4/0.011 Do Luz Road Rehabllitadon Contract Amount; $740,000.00 Start: 4/25/2071 Completed: 5/23/2011 2010 /2011 Citywide Reconstruction Contract Aanount: $322,322.00 Start: 3/1/2011 Completed: 4 /30/2011 Annual Contract Street Deconstruction Contract Amount: $3,433,415,00, Start: 5/1/2020 Completed- Still OwGoing Neighborhood Street Resurfacing Contract Amount: $899,909:00 Start: 11/1/2010 Completed: 3170/201 l Slater Avenue improvements Contract Amount: $1;926,741.00 Start, M12,010 Completcd: 2/30 /2011 Department of Transportation Route 91 Project 454 W, Fourth Street Contract Amount: ,$5,732,812:,00 San Bernardinai CA 92410.1400 Start: 3/1/2010 Contact: 'mad' AbUglaa""" (951) 277.8579 Completed; 3/30/2011 23A -21 . CITY OF SANTA ANA Project No. 1.3 -6796: Chestnut Avenue Class II Bikeway £i-om Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley hnprovement -PY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. 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 CE Signe Title Firm Date BP 12 of 27 23A -22 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway ft-orn Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13114 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 11.2 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest o£, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Rebwi radio{ t V State of California County of RCiV'OrrStbL Subscribed and sworn to (or affirmed) before me on this 0 day of � vs%, 2014, by Pbe✓ ra t, , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. DONNA THORNE r Commission # 2067766 Notary Public California a Riverside County '- M Comm. Expires Jun 7, 2018 Notary Public Signature Notary Public Seal "TO BE INCLUDED IN BID PACKAGE BP 13 of 27 23A -23 CITY OF SANTA ANA e Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813: Alley Improvement -FY 13/14 Project No. 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI - KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- I {ickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor sball 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 FirmFYLq Date XI U° BP 14 of 27 23A -24 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA 3 Project Nn, 13 -6796; Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) Project 14 -6813; Alley Improvement -FY 13/14 Project No, 14 -6803: Chestnut Avenue Rehabilitation from Broadway to Main Street PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Business Address: JO 86K Telephone: %S/— / (a- Zee 60 State Contractor's License No. and Class: A7073 Expira`=-° Date: Signed Title: 1 BP 15 of 27 23A -25 TO BE INCLUDED IN BID PACKAGE tl y 1, CITY OF SANTA ANA Project No. 13 -6796 Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; CM PR POSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL. -AID CONSTRUC)PI(ON PROJECTS GENT; RAL— Thewai hueutggx elwllbefiu ¢eedinwholeccinpcutwith Federal fbnel5 anddxidae all of the stawhs, rules aril W pro rudgriadb' the Federal Cuvernnierit and appdeabA to wok financed in whole or in pat with Federal fiurd;wll apply ro srhwak. 71x "Ra7iW Ccnbna lRuvisiorA Foie al- Aid Chistru doh Qmtlaets, "Form, FHWA 1273, me included in this Section 14. Whenever in said trxlydted contact provisions aukreron am made to "SHA Camuadnig officer," "SFTA resident engim;" cs "sulhcdnd rtp2ssrhadve of die SHA'suertei iencesshallbecore uredtomean'Ugiva e'as defined inSection 1- 1,isof& Standard Speo fcatroaa. PERFORMANCE OF PREVIOUS CONTRACT - In addition In the provisions m Section ]I, `�Nadisainrrcaatkay" std SECtim VU, "Subl ' or Assigning the Coriact," of the required cotuad pmvisias, the Cgat�ax amp lywithibe following: 11 The BIDDER shall execute the CERTIFICATION Vdnl RE TFIE PERFORMANCE OF PREVIOUS CO 0 $UBOONTRACIS SURTCI' 7Y7 THE EQUAL R CLAUSE AND THE FILTNOOFREQUIREDREPOR I he ptopmal. No request fx subkftg or meting airy portia of m emeaof$10,oWwillbecaw & tcdunderdeptmions f ' Vl'l.o,rfdne r4ured conhad Iaovigiors Wkss %rh LC4py& Is i 4 the NONCODUSION PROVISIONS - The p194saIm in fhls section ate Tide 23, United Strafes Code, Sectors 112, is a eomtidon precedent lo approval by the Federal fligf sway Ad n' of rite canateR for dais wak flint each BIDDERfiloaswanstarorrtent by,aaa(ad>alfo£tlaepasaa,fima, association, or corporation to whom omw is to be awarded, ocdrF ag dart such person, firm, associadan, or ca ' hvs twt, either directly or ind rocitly embed into erry �r4 patdo red in any colt lion or odw ww tlnka any acdoninnestmatofEeecaapedd. iddinginoanteclia 'rwithdnesvinnitlodbid A form to Crake the uarooll affidavit statement required by Section 112 as a PARTICIPATION BY DISADVANTAGED BUSINESS IdPRISFSIN DNTRACCWG- Pact26,Trde49,CodsofFeded RegJatios 1p tivsFtaalt d project Pertinent setonsof sad Code ae ('i'his form need not b filled in if all joint venture firs are minority owned.) 1, Name of jo' venture 2. Ad s ofjoin venture,_,___ - 3 hone number ofjoint venture 4. Idenfify4efirswiuchcomprisethejointvcnture. (The DBE partner must complete Schedule A) a. Describe the role of rime DBE fine in thisjoint venture. b, Describe very briefly the experience and business qualifications of each non- MBEjoint venu=:_, 5. Nature ofthejoiutve,ture'sbusiness 6. Provide a copy of thejoint venture agreement. 7. What is the claimed peroentage of DBE owriaship? 8, Ownership ofjoint venture: (This need not be filled in if described in thojoint venture agreement, provided by question (6). a. Profit and loss shorting b. Capital contributions, including equipment. c Other applicable ownership interests BP 16 of 27 23A -26 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5053(143) PROPOSAL AND CONTRACT AGREEMENT 9.Cairol of" pan5i;ipeGonind scatw Idmitlfybyrout;race, my, atd"fun„Ihoseindiv"(and (iarwm) who ate bk {�1 for day -today trampuent and policy dowo =kd n W not nii e VD, dxewiltputxttsptabilifaa N Nan ofF nn a. Finairddeeisious r ei it / Signahut b. Maniagerzxrhtdectisious; suchas: 4. Puuc>asingofrrugcx items oruWties c, visitaiof6eklgxrarions t . Nae: If, afkrfilmg this Scl oMc B mxl bcfomthe canpkkon ofihe joititve tituo'swWcontheamhacteovaafbyd smguladoo,diaeis any signifnamt dianipnt the mfrmmtionsubintted, tliejoint ventote nmst 'unfam the grantee, eitlxr direAiy or duougii the prime omtwtor if ttiejoint v mA= is a subconbwtor. Affubvrt `°Tile tuxkiaigned swear that the bcgoing stakmients ate caitct and include all nmtaial infanmdon nxmry to &n* and! explain the mms and ope ation of ounjoint vaw.ue and talc inthaded participation by each joint vanutu in the tuxkutakitig Mix, die micktsignned covenant and agroe to pmvide to gsnnitt amtok Mete and amunte inftxtintion mpflnig aortal joint veiutut wakand the payomt dm&wannd any proposo idiatiges in any of die joint vwww wa nprinns and b petant die audit and matnination of die bock, woanls, and files of the joint vaihut, by a dubrd nepnsenta6ves of die grantw or the Fede al Raiding may. Any manal inisreprmtotion will be gauds far tandnating any caiaaa which may be awwtW and for initiating action und rFoien d orStat2 laws consemingfakstaainmfs.' Attadirnent ExtWritA -M `- 3ll7A7 title $) PrI1�l rug Date D* Date Sarcof County of On this _ day of 20_, t too appealed (unite) to tm Nsa ally ICiown, W ing drily swoon, did exeauc the fbi%ping affidavit and did state that lie or d as pmpesly auootizLd by (N arm of finm) b( iea vitmAcidsoasltisorhafimoazuiddeai NotaryPublk See, a+ (- W CmunWonexlinm. ld.- t U r a. Gam] �J D On this day of 20_, bef to one ippouai to niie pasonally knaves, vvlw Being swan, did exeaue the foregoing affidavit and did state that he or she was Rupedy au lxxizod by (Narw of fion) b mooue ft afficlitvit a d did so as his or ivr free act ant daxl Nday Public Conind ioncpines _ 1w TO BE INCLUDED IN BID PACKAGE BP 17 of 27 23A -27 CALIFORNIA JURAT State of California County of Riverside `�Q NNA TNCRNE Commission # 20877 58 .! Notary Public - Calltornel n z Riverside County M cnmm. Expires Jun 7, 2018 LL Subscribed and sworn to (or affirmed) before me on this 8th day August, 2014 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and Signature A LL� avt/1lrt Place Notary Seal Above Signature of Notary Public OPTIONAL Though the Information below is not required bylaw, 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 Proposal and Contract Agreement Dated: 818114 Page:17 Signer(e) Other Than Named Above: 23A -28 CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT Project No. 13 -6796 Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: .is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years, If there are any exceptions to this certification, insert the exceptions in the following space Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility, For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing tWs Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BIDDER yd s` 1+ Signature of BIDDE Cc s Date W4�bxh FED.8 -22 -88 TO BE INCLUDED IN BID PACKAGE BP 18 of 27 23A -29 7: 'a M Exhibit 15 -G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs at bid proposal) p NOTE: PLEASE REFER TO INSTRUCTIONS ON APPENDIX H AGENCY: l;t`i'4 CYP' U LOCATION:TQ.iA, PROJECT DESCRIPTION: PROJECT NO. 13 -679& Cligstrant Avenue Clas 14R1 TOTAL FEDERAL CONTRACT AMOUNT: $ 327.000 LL_, BID DATE: BIDDER'S NAML hit 0 {.6_ACAAeG T ONTRACT ITEM OF WORK AND DESCRIPTION orl. No. of DBE NAME OF DDEs DOLLAR AMOUNT ITEM N0. OR SERVICES TO BE AND EXPIRATION Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address O BE PROVIDED and Phone number 17 S. 0312"7? !Ah;orni, roHioi t 2 42q o)tkely -'n Ave, lAP l) G�. For Local Agency to Complete: Total Claimed �j '�` �� {�.J V0 Local Agency Contract Number: Participation i Federal Aid Project Number: Pedeml Share: 1 �' ¢ % Contract Award Date: Local Agency certifies that nil information is complete and accurate. eB p6 °0 9 co— rutdUA� Slgnafurc ofDiddcr Print Name Signantre Dato Local Agency Representative Avea Code) Telephone Number: Date 1H (Arco Code) Tel. No. For Caltrans Review: Prtn(Nmnc Sigmtmre Date Caltrmis District Local Assistance Engineer Lucnl Agewy Bidder - DBE Information (Rev 3/09) Distribution: (1) Copy —Fax or scan it copy to the Callrans District Local Assistance Engineer (DLAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days ofaward may result in do- obligation of hods for flak project. (2) Copy -- Include in award package to Callous District Local Assistance ff (3) Original — Local agency t)los TO BE INCLUDED IN BID PACKAGE BP 19 of 27 23A -30 �i1aY; CITY OF SANTA ANA Project No, 1.3 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any Rinds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -.LLL, "Disclosure of Lobbying Activities," in accordance with its instructions, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly, BIDD0 Signature &64r}- g,.�(W` �t� Rvatden°F Ait hart IQso�a(f Firm Date • standard Form LLL maybe obtained from Cahmm and FHWA offices. TO BE INCLUDED IN BID PACKAGE BP 20 of 27 23A -31 a? CITY OF SANTA ANA Project No, 13 -6796: Chestnut Avenue Class 11 Bikeway born Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL, AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Com lero this torn to disclose lobbying activities oursuRnt to 31 U.S.C. 1352 1. Type of Federal Action 2. Status of Federal Action ❑ a. Contract ❑ a. Bid/offer /application b, Grant b. initial award ial change /atcrdi'al c, Corporate Agreement c, post -award d. Ban ge only: e. Loan Guarantce ___rter f Loan Insurance date of last report 4. Name and Address of Reporting Entity 5, If Reporting Entity' o. 4 is Subawanlee, Enter Name and Address of Prime: ❑ Prime ❑ Subwardee Tier, IJ'hnown CcngrcssioaalDisftic jf/a7own Co ssional Disb'ict, i 'known 6. Federal :Deparhnent /Agency: 7. 4ml Program Name/Description CFDA Number, If applicable S. Fedetut Action Number, iflmown f9. Award Amount, i -known 10, a. Name and Address of Lobbying Entry b. Individual Performing Services (a60ig akhrsaijclr�errn# mNa �/rre6iratr$ kahzrr� joss tvlq 1(kr) (m o f s 1q) attach Continuation Sheets if necess 11, Amount of Payment (check all da appI ): 13. Type of Payment (check all that apply) $ F1 (_I Planned ❑ a. repiner .. ❑ b, one -time fee l2. Form of Payment (check all a apply): ❑ c. commission ❑ a. cash ❑ d. contingent fbe ❑ b. in -kind; fy: nature ❑ e. deferred value ❑ f. other, specify 14. Brief Description of e v ces Performed or to be performed and Dates) of Service, including officer(s), employee(s), or member(s) contacted, for Payment indicated anach Continuadar+ Sheet s i necessa 15. Conlinualio Sheets attached: Yes El No l6,InhurigliftlermisatWraizedbyTit le3lU5CS�n 1352flnbyrgacftviriesi arrcttetbingae,=tatmoflbetupon Signature 2, y4kwas P1 into,txlctittlpw9aantto3 1US.C.1352Thtfijfan>oliarwMbe Print Name�p� epassemarrnnllyandwllteaualablefLrinbc gxctiaL "falc v My Sle ho arimeda ckm esfwlrbesubjedtoacvlp�a yaf fY! QQY6� w s t notlesslum,$ IO, OOOandnotmaenan $loo,WOfcreachsuchrarue Tel hone No, W-79 •711Gc 6 ! Date 1� Fo etAUse0 . Authodzal for Laval 11MMduciou _ Stundardronn —LLL BP 21 of 27 23A -32 TO BE 1NCl: ' D>IN °81*D PACKAGE CITY OF SANTA ANA Project No. 13 -6796; Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISION Form FHWA -12731 The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the special provisions of this project. Signed //�� p� I (� Title � VLV I'�rn�'119A �wA D,JtI /La I Firm Date �4 BP 22 of 27 23A -33 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 13.6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement. (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, loan, of cooperative agreement, the undersigned shall complete and submit Standard Form -LLV, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -reci i nts s all certify grid disclose accordingly, BIDJEA Signature -" ICM�h4 Finn IgI _. Date u+ s 1w6' 11061 „ r BP 23 of 27 23A -34 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA QOP Project No. 13 -6796: Chestnut Avenue Class II Bikeway fiom Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the " Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this Droiect. Signed Title Firm Date TO BE INCLUDED IN BID PACKAGE BP 24 of 27 23A -35 CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL, AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATFMELIT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State 11 Q University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: Signe< Title Firm Date The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal prosecution. BP 25 of 27 23A -36 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 13 -6796: Chestnut Avenue Class 11 Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10I62 OUESTIONAIRE 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. BP 26 of 27 23A -37 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA M . Project No. 13 -6796: Chestnut Avenue Class Il Bikeway from Standard Avenue to Grand Avenue; CM- 5063(148) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE 5ECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable Finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Signec Title Firm Date Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal prosecution. BP 27 of 27 23A -38 T0 BE INCLUDED IN BID PACKAGE o D Fidelity and Deposit Company of Maryland Aofi� Home Office: P.Q. Box 1227. Baltimore. MD 2120$-1227 4� BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation drily organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Santa Ana as Obligee, (hereinafter called the "Obligee "), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN- - - - - -- Dollars ($ 10% OF TOTAL BID PRICE ), far the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid. for Project No, 13 -6796 — Chestnut Avenue Class II Bikeway from Standard Ave. to Orand Ave.; CM- 5063(148), Project No, 14 -6813 — Alley improvement —FY 13/14, Project No. 14 -6803 — Chestnut Avenue Rehabilitation From Broadway to Main Street. 14 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contact with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day of July A.D 2014 ALL 7� � �.�� ✓OYIVIA'"(hom', I d-xej wirnesa R. Paramo, Notary Public Witness ASPHALT (SEAL) Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By f6 iii =o (SEAL) Rebecca Haas -Bates Attorney -in -Fact Printed In cooperation witty the American Institute of Architects (At A) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that ate language in the document conforms exactly to the language used in AJA Document A -310, February 1970 Edition. BID70000ZZ0701f 23A -39 CALIFORNIA ALL -PU State of California County of Riverside ACKNOWLEDGEMENT On Aueust $, 2014 before me, —__-Donna Thorne. NotarPublic Dar. Here Insert AN and Title of the 081car personally appeared Robert Bradley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he /she/tlney executed the same in hisrAer4he r authorized capacity(les), and that by his /hedtherir o.a•s ..... _ signature(e) on the instrument the person(s), or the entity upon behalf DONNA. THORNE of which the persons) acted, executed the instrument. Commission Jf 2067706 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of Riverside County ' California that the forgoing paragraph is true and correct. Q4vComm.,Fxpjms Jun 7, 20181 WITNESS my d` ✓ hand and official sea]. jlT Signature �Jr<- mov'fi Place Notary Seal. Above thimatum of Notary Pubec OPTIONAL Though the information below is not required bylaw, 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: 7/31114 Number of Pages: One U1 Signer(s) Other Than Named Above: Fidelity and Deposit CoMpanY of Maryland Signer's Name: Robert Bradley o individual x Corporate Officer— Title(s): Vice - President o Partner E u Limited n General D Attorney! n Fact am D Trustee D Other: Signer is Representing: Top of thumb here Signers Name: o Individual • Corporate Officer — Title(s): • Partner u o Limited in General • Attorney in Fact • Trustee o Other: Signer is Representing: 23A -40 CALIFORNIA ALL-PURP ACKNOWLEDGMENT CIVIL •► State of California County of Orange On 7131 @014 before me, R. Paramo, Notaiy Public Date Hera Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Names) of Signer(s) RAM R. PARAMO Commission ;# 2035990 :t• *. .Notary Public - California Orange County My Comm. Expires mm. Au 5 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within Instrument and acknowledged to me that 4,,e /sheftii,7 executed the same In 144 /her /W,efr authorized capacity(t'ea), and that by his /her /tk+air signature(s) on the instrument the person*, or the entity upon behalf of which the person(e� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws o na4 t the foregoing paragraph n my hand Signature of Notary 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: 7/31/2014 Number of Pages; 2 Q, Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Sfgner(s) Signer's Name: _ Rebecca Haas -sates 0 Corporate Officer — Title(s): C7 Partner — D. Limited ID General C,:1 Individual MAttorney In Fact L1 Trustee 71 Guardian or Conservator Other: Signer's Name: _— C7 Corporate Officer— Title(s): f Partner — 0 Limited u General p Individual G Attorney in Fact 0 Trustee Cl Guardian or Conservator C7 Other: Signer Is Representing: .,_, -__, Signer Is Representing; Fidelity and Deposit Company of Maryland © 2013 National Notary Association - www.NatlonalNotary.org e 1- 900 -US NOTARY (1 -800 -976 -8627) Item #5907 23A -41 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -iii-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 -m -fact to affix the corporate seal thorewo and may with or without cause modify of revoke any such appointment or authority at any mire." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 151h 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 Seat 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 drily called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seat 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, skull bevalid and binding upon the Company with the same force and effect as though manually affixed. I TESTIM W EREOF, I have here into subscribed my name and affixed the corporate seals of the said Companies, finis day of , 201Y. 46�� "�- Geoffrey Delisio, Vice President 23A -42 C-Z�- � / \ ) � 7 < a � \ k * \ k y � 4 %/\ ~ « Q / \\ m C4 / q73& & Cƒ 7 � X � \ � ® ° \ a (u \ }0 \ 7 ~ ^� \ / \J / / / 23A-43 23A -44