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HomeMy WebLinkAbout23A - PROJ - PAVEMENT MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR CONSTRUCTION OF WARNER AVENUE AND FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15 -6840 & 16 -6858) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) Sys W-/W- CITY TANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT01"JaT071461 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to award and execute a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the bid in the amount of $2,588,698, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Warner Avenue Pavement Maintenance and the First Street Pavement Maintenance projects, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,500,000, which includes the contract base amount, administration, inspection, testing, and a contingency of $522,998. DISCUSSION The City's Pavement Management Program has been developed to identify the preventive maintenance requirements for the City's street network. The recommended arterial street segments (Exhibit 1) have been identified as high priorities for slurry seal. The work consists of preparing the roadway by making minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, painting stripes and legends, and installing signage. Once completed, these improvements will enhance the ride quality, surface drainage, appearance of the neighborhood, and extend the life of the pavement. On November 18, 2014, City Council adopted Resolution No. 2014 -079 which authorized submission of applications to the Orange County Transportation Authority (OCTA) for grant funds under the Arterial Pavement Management Program for Warner Avenue from the West City Limit to Grand Avenue and for First Street from Newhope Street to Main Street. On January 12, 2015, the OCTA Board of Directors approved Regional Surface Transportation Program (RSTP) 23A -1 Award Contract - Warner Avenue & First Street Pavement Maintenance January 17, 2017 Page 2 funding for the construction phase of each project. The City is responsible for 71 percent of the construction costs using City funds to fulfill the required local match for the RSTP funds. City Council approved a Cooperative Agreement with OCTA for implementation of the Warner Avenue project and the First Street project on December 15, 2015. In order to receive the grant funds, the City is obligated to award a construction contract within six months from receiving Caltrans authorization to proceed with construction. This authorization was approved on July 27, 2016. A Notice Inviting Bids was advertised on November 15 and 22, 2016, and bids were opened on December 13, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 11 Contractors requesting bidding documents 11 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $2,588,698 2 Hardy & Harper, Inc. Santa Ana $2,656,000 3 RJ Noble Orange $2,844,860 4 Excel Paving, Co. Long Beach $2,924,990 A total of four bids were received and all four were deemed responsive. All American Asphalt, submitted the lowest responsive bid in the amount of $2,588,698 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt, in the amount of $2,588,698 (Exhibit 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), Strategy C (invest 23A -2 Award Contract - Warner Avenue & First Street Pavement Maintenance January 17, 2017 Page 3 resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. 2016 -160 & 2016 -161 were filed for these projects. Additionally, in accordance with the National Environmental Policy Act, the State of California Department of Transportation (Caltrans) has determined that the projects are categorically excluded from further review. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $3,500,000, which includes construction, contract administration, inspection, testing, surveying, and contingencies. $1,250,000 is available in the Measure M2 Street Construction Fund (Account No. 03217662- 66220, Project No. 15 -6840) and $500,000 is available in the Select Street Construction Fund (Account No. 05917660- 66220, Project No. 15 -6840) for Warner Avenue. $1,250,000 is available in the Measure M2 Street Construction Fund (Account No. 03217662 - 66220, Project No. 16 -6858) and $500,000 is available in the Select Street Construction Fund (Account No. 05917660 - 66220, Project No. 16 -6858) for First Street. All funds are available for expenditure in Fiscal Year 2016 -2017. Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 23A -6 MAYOR Miguel A. Fulda MAYOR PRO TEM Vlcente Sarrniento COONCI LNI EMBERS Angelica Aniomia P. David Benavldes Michele Martinez Refnan Reynii Sal finaiero November 30, 2016 ADDENDUM NO. ONE PUBLIC WORKS AGENCY P.O. Box I M'36 Santa Aria, California 92702 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL, Marla 0. Huizar SUBJECT: PROJECT NO. 156840: WARNER AVE PAVEMENT MAINTENANCE PROJECT NO. 166858: FIRST ST PAVEMENT MAINTENANCE The following changes have been made to the Specifications for the subject project: Revision 1. Replace page v, Notice Inviting Bids. The Bid date has been moved to December 13, 2010, 2. Replace Appendix I, Striping Plans. All other terms and conditions remain the same. I FOR-THE CITY CF wANTA ANA 0/ Edwin "William" Gal�EF4 P.E. City Engineer SANTA ANA GIN f„ONNU o ^'n i V '31n M BYA �1enV NIgPIIflAItlClAC9 I' ". MaNtl &4ikrhtlns i�a rn.vF Vlna hn 7V tojurn �," N -y FWert 4h 11 �h erl� Wnma tNtb 1 :MUf(IJ lVi hla �IiC. �.J ,!v JYOl..ls'_?IL�u P)!9,a41 M.Mn I';.: is ld „4.9.vF9 M41�SVLUUffif19nNgLUllLa[y ,r�, 1yYl�IShSCf{29WN4hfWWSt19 IiiMMlxsU?dal!€I, P. �. "..1 ;).T_w�tN {(i lLbN 1 Aorn 4 11 -.111 23A -7 ADDENDUM NO, I CITY OR SANTA ANA ADVERTISEMENT PROJECT N0, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids on or before the hour of 2:00:59 pm, December 13, 2016 by the Public Works Agency Receptionist, Third Floor (see attached map), located at City Hall - Ross Annex, 20 Civic Center Plaza, M -22, Santa Ana, California 92701 for: PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE Bids Proposals shall be, enclosed in a sealed envelope clearly marked on the outside with the above identified project number and name, and also marked "SEALED .BID — DO NOT OPEN WITH REGULAR MAIL" Scope of Work includes slurry seal, removal & replacement of asphalt pavement and curb ramps, adjustment of surface utility covers, signing & striping, and installation of detection loops. It is the BIDDER'S responsibil.ity to ensure delivery of the Proposal prior to the bid opening hour. Contractors will be required to comply with the City's new security policy and sign -in with the receptionist on the first floor. Contractors will sign -in under Bid opening for Project 15 -6840 to receive elevator access to the 3rd floor lobby, Contractors should allow themselves additional time to register in order to avoid missing the time -stamp deadline. P,ach bid shall be accompanied by a Bid Proposal Guaranty in the form of a cashier's or certified check payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in all amount not less than ten percent (10 %) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized. The City of Santa Ana reserves the right to reject any and all bids and to waive any minor or non - substantive irregularities in the bid documents. Prior to bid opening, Bidders must possess or obtain a valid California Class "A" Contractor's license. Addenda issued during the tune the bid is advertised will be posted on the City of Santa Ana websit'e, BIDDERs are responsible to become self- informed as to whether or not addenda have been issued. Complete electronic sets (.pdf format on CD) of the Plans and Specifications are available at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701. There is no charge for the Plans and Specifications on CD, PWA Counter Business Flours are 9:00am to 4:00pm, Monday thru Thursday and alternate Fridays. Call the PWA Projects Information Line at 714 -647 -5680 for instructions and availability of CDs. To request a CD by mail, the Contractor must submit an email request to sc.mij(rt) sin -Rna rp and provide the following information: Company name, mailing address, phone number, FedEx account, and email Subject heading: CD Request for < project no.> <project name> DO NOT CALI, PURCHASING DIVISION REGARDING PUBLIC WORKS AGENCY PROJECTS. 23A -8 CITY OF SANTA ANA PROPOSAL PROJECT NO. I5-6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA 11101M 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: PROJECT NO. 15-6840- WARNER AVENUE PAVEMENT MAINTENANCE Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 210 CY $ $ 2 Rubberized Emulsion Aggregate Slurry (REAS), Type 11 900 TN $ rJbc) $ 56� 1000- 3 Asphalt Rubber Hot Mix (ARFIM) 3,960 TN $ $ 4 Cold Mill (3") 212,000 SF $0> I) I I I $ Z i I �g 5 PCC Curb Ramp 16,700 SF $ Z01,6s0 6 Adjust Manhole Frame & Cover 4 EA $c b _ $ 31560— 7 Furnish and Install Water Valve Frame & 8 EA $ (9 000 � Cover 8 Temporary Construction Sign 2 EA $ i Po $ $, (900 `-- 9 Loop Detector 71 EA $ 10 Detector Lead -In Cable 1000 LF $ $ I I Crack Sealing I LS $ '`i {s' i?:Jb ~° $ CID 0 --- 12 Protection of Surface Utility Frames & Covers I LS $ 13 Signing & Striping I LS $ �lit�ilp" $ ZIIIbOt1� P -1 of P -17 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE PROJECT NO. 16-6858: FIRST STREET PA 14 MENT MAINTENANCE Item Description Qty Unit Unit Price Amount 14 Unclassified Excavation 160 CY $ $ 15 Rubberized Emulsion Aggregate Slurry (REAS), Type 11 goo TN $ 5U0 - _ $ , 5 C)A 0 0 i 16 Asphalt Rubber Hot Mix (ARFIM) _ 2,800 TN $ :•3. 0 $ 2.05,$�O ° 5 17 Cold Mill (3") 149,1100 SF $ $ 18 PCC Curb Ramp 12,800 SF $ kL 0 $ 1%l 1.9 Adjust Manhole Frame & Cover 8 EA $ $ 20 Furnish and Install Water Valve Frame Cover 12 EA $ s m— $ q 21 Temporary Construction Sign 2 EA $ ,goo — 1 $ 22 Loop Detector 43 EA $ ?12.m, $ b 31 L9 — 23 Crack Sealing I LS $ ti5,ow- $ 24 Protection of Surface Utility Frames & �. Covers 1 LS $ SOO ~ $ ,� /6DO i 1 25 Signing &Striping 1 LS $ M:�,boo $ o 000 P -2 of P-17 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE TOTAL BASE BID $ T,51't Ibq q , U) The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 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 $4,500 per calendar day. Name of Firm Signature of BIl Title �rinl�rra� •ilArlSpri ,�IiCI 1 �e�ol.ni (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.) MitNWG' ��i��NS - �ecve�ir-i P -3 of P -17 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 ai„ COY Pr'dtA A hn �� - NWAVIA M Signature of BIDDER Title �c11�1�fr1 3-, r l re6 Aex\V (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) C61WGfd� ,�rnr��n � �s�rk rCr�ti�,en� P -4 of P -17 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO, 16- 6858: FIRST STREET PAVEMENT MAINTENANCE 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: Business Address: LAM F t\�n scree l`r � tk�25s In Business E-Mail Address: Telephone: State Contractor's License No. and Class: -1t� License Expiration Date: 2A \% State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: l� '1 9 � \ Signed: ..��`�" P -5 of P -17 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 Signal Title (if an P -6 of P -17 23A -14 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE OWNERSHIP AFFIDAVif STATE OF CALIFORNIA ) COUNTY OF aIbk -Nee R•,ve.ti,& ) SS: CITY OF6ANT4, AN-A C.ow.w ) C' rsrr\ \ Cur \sous , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing ❑ PARTNERSHIP That helshe is a member of the co- partnershi m designated as: and who has been and is duly vo etf with the authority to make and execute for the co- partnership by: Zk the g0ter members of the co- partnership, CORPORATION That he is of: a corporation which is making the foregoing proposal ❑ JOINr VENTURE That he is of: one or the parties making the fore bing proposal as a •Joint venture, uno the he/she has been and is duly vested with uthority to execute instruments for an on behalf of the parties making said bid who arg. that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signat6reof \ws�Wk Subscribed and sworn to before me this — day of 20 �r e a�,Xl l�nLo�y- Signature of officer Administering Oath (Notary Public) P -7 of P -17 23A -15 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed fire document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this Ph day of December, ?_016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) Name -of- Signer OPTIONAL --- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Ownership Aitidavit Document Dale: None Number of Pages: t Signer(s) Other Than Named Above: None 23A -16 Top of thumb here Top of Ihumb here REBECCA ANGELA PARKA Commission # 20249A4 aj. `t z ro -s. Notary Public - Cali:ornia z a 7 Riverside Gaunt My Comm. Expiros May t7, 2U17 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this Ph day of December, ?_016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) Name -of- Signer OPTIONAL --- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Ownership Aitidavit Document Dale: None Number of Pages: t Signer(s) Other Than Named Above: None 23A -16 Top of thumb here Top of Ihumb here Bond No. 08597423 CITY OF SANTA ANA Bid Date: 12/08/2016 PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid - - - -- Dollars ($10% of Bid )' which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, finely by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 28th day of November —12016. BIDDER* SURETY* Fidelity and Deposit Company of Marviand - 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 David Wei (213) 270 -0600 Rebecca Haas - Bates, Attorney -in -Fact Subscribed and sworn to before me "Please See Attached" this _____ ___ day of , 20® Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -8 of P -17 23A -17 CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT CIVIL CODE § 1180 A notary public or other officer completing this certificate verifles only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange - ) On l 1/28/2016 -_a before me, R. Perrino, Notary Public — Date Here insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameW,of SignerN who proved to me on the basis of satisfactory evidence to be the person(4 whose name(6$ is /are subscribed to the within instrument and acknowledged to me that het /she/they executed the same in his/her/their authorized capacity Nis), and that by hisjherAttair signature4on the instrument the persorift or the entity upon behalf of which the person(r4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stator of- GaRtornia that the foregoing paragraph Is trued- correct. �. T „ R. ion # 20 ( �19iNLS5 my hand nd o c'r ettl;� commission 2035890 a ,'a Notary Public •California Orange County Signature of Notary Public 4 Comm. Ex area Aug 5, 2017 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: _______ Bid Bond Document Date: 11 /26 /2016 — Number of Pages: Opte(il Signer(s) Other Than Named Above: Ail American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Hans -Bates 0 Corporate Officer — Tltle(s): CI Partner — 0 Limited 0 General • Individual CRAttorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Fidelity and Deposit CemAany orMnryland _ Signer's Name:. CI Corporate Officer — Tftle(s): 0 Partner — Cl Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator n nther, Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 23A -18 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Aliornevs -in -Pact. The Chief Executive Officer, tiro President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, ra other like instruments on behalf' of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modiry, or revoke any such appointment or authority at any time." CERTIFICATE 1, 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 (late 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 tine hoard of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and hold on the 15th day of December 1998. RESOLVED: '"]'list the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Sea] of the Company may be affixed by facsimile on any Power of Attomay —Any such Power or any certificate thereof bearing such facsimile signature and sea] 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 or the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th clay of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMO Y WHE GOP,] have h canto subscribed my name and affixed the corporate seals of the said Companies, this °day of er , 20T. � "1NB ^p a {Olin/ �, Pi L�••�-4 re.r d ���,, tees I,8 BAL A10D Michael Bond, Vice President 23A -19 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 9188 A notary public or other officer completing this certificate verities only the identity ofthe individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. State of California County of Riverside On 12/07/2016 before me, Rebecca Angela Parra, Notary Public Date Here Insert nema and Title of the Officer personally appeared Edward J. Carlson Namara) of siguege) 9 who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in 3 RF6EGGA ANGELA 1?AHNA his /hefAhelr authorized capacity(les), and that by his /heFAM4, , Commission ce2 ornia p signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Riverside county _ M corm. Expires May It, 201 / 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNES=my cial seal Place Notary Seal Above filgltSitinakC C or Notary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 11/28/2016 Number of Pages: 01le (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland _ Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson n Individual X Corporate Officer— Title(s): Vice President in Partner LI in Limited o General in Attorney in Fact n Trustee o Other: Signer is Representing: Top of thumb here Signer's Name: n Individual o Corporate Officer — Title(s): _ in Partner I_i ❑ Limited n General in Attorney in Fact n Trustee Q Other: Signer Is Representing: 23A -20 Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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: • Strects, highways including bridge projects: %2% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: Y2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name OIL License # /Exp. DIR Reg. # /Exp. Location Phone Type Of We& Amount $ Name CA-1.,r I Rn]01201eq Ilt1 �a License # /Exp. j ayi i DIR Reg. # /Exp. 9 t:`�m-- i_e)16 3'S License #L Location Phone I1�- Q�1x1r Type Of (- ork �,A� ��{£ 9 i L3 b _ Amount$ Name License DIR Reg License Location Phone Type Of Amount Signature of Bidder ia d.C\ v „e e Name License # /Exp. DIR Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. 0/Exp. License # Location Phone Type Of Work Amount $ P -9 of P -17 23A -21 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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. z. 3. Type of Work Name krid Address of owner. –I 1a"Qbna Kim S65 -r� -- l6st/ -32y7 Nam— e and Telephone Number of persop -f miliar with project. Contract Amount Type of Wore Date Completed Name and�Address of owner. Name and'felephone Number of person familiar with project. kt. 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. P -10 of P -17 23A -22 "2015" PAST WORK REFERENCES City of Hawthorne 4455 W. t62 °'t Street Hawthorne, CA 90250 Contact: Heeeheol Kwon, (310) 349 -2980 City of Inglewood One Manchester Blvd, 3`d Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412.4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: 7eewoong Kim, (805) 654 -3987 City of Montclair 5111 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625 -9444 Riverside County Transportation Commission 4080 Lemon Street, 3" Floor Riverside, CA 92501 Contact: Bill Seitz, (949) 300 -9132 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826 -5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997 -7513 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10 /2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Route 74 Widening Contract: $1,970,004.00 Start: 4/2014 Completed: 7/2015 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 4/2015 Completed: 9/2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6 /2015 Completed: 1112015 23A -23 "2014" PAST VATORK REFERENCES City of Fullerton 303 W, Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738 -6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283 -7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Marls Cueno, (310) 285 -2557 City of.Iurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332 -6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647 -5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012 -2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012 -13 Pavement Rehabilitation Contract Amount; $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 23A -24 44201311 PAST WORK REFERENCES Department of Transportation 3521 %4 University Dr Irvine CA 92612 Contract: Dat Pham, (949) 279 -8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact; ,Bill Whitlatch, (661) 259 -2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458 -2191 Department of Transportation 2023 Chicago Ave., B -6 Riverside, CA 92507 Contact: Michael Chen, (951) 830 -6017 Route 74, Contract No. 12- OL6404 Contract.Amount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No, 08- OP9504 ContractAmount: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 EI Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth RoBendxeld, (949) 707 -2650 Completed: 9/2013 County of Riverside Transportation Gilman. Springs'Road 3525 141i St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961 -5363 Completed: 9/2013 "2015„ PAST WORK REFERENCES City of Hawthorne 4455 W. 162nd Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349 -2980 City of Inglewood One Manchester Blvd, 3`d Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (31,0) 412 -4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654 -3987 Hawthrrne Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10 /2015 City of Montclair Northeast Montclair Street Rehabilitation 5111 Benito Street Contract Amount: $514,150,00 Montclair, CA 91763 Start: 4/2015 Contact: Steve Stanton, (909) 625 -9444 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3''d Floor Contract: $1,970,004.00 Riverside, CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300 -9132 Completed: 7 /2015 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826 -5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997 -7513 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 412015 Completed: 9 /2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6/2015 Completed: 1.1/2015 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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. Owner. Name and Telephone Number perso\n4w iliac w`r h project. Conttraac`t Amount \ Type of Work Date Completed (� 2. � i1i41 er y\ &1 1 C[ \� &\ A Au C/a N me and Address of owner. Name and Telephone Number of person familiar with project. 7 A ve�\S \\ 201 Conti raci Amount Type of Work Date Completed 3. 4N�ar \e and Address of owner. p �--1 .�./� \ \l1YX �h'f�arrt�fAnY� AA61 -\ 1 -slp? 1 Name and Telephone Number of per uliar with project. '�•A.D� 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. P -11 of P -17 23A -27 "2014" PAST WORK REFERENCES City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738 -6865 Port of Long Beach 4,801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283 -7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mak Cueno, (310) 285 -2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332 -6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Wennann, (714) 647 -5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Sherry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012 -2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 512014 2012 -t 3 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 23A -28 "2013" PAST WORK REFERENCES Department of Transportation 3521 A university Dr Irvine CA 92612 Contract: Dat Pham, (949) 279 -8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259 -2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458 -2191 Department of Transportation 2023 Chicago Ave., B -6 Riverside, CA 92507 Contact: Michael Chen, (951) 830 -6017 Route 74, Contract No, 12- OL6404 ContractAmouut: $1,134,057 Start: 7 /2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08- OP9504 Contract Amotmt: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949) 707 -2650 Completed: 9/2013 County of Riverside Transportation Crisman Springs Road 3525 141 St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961 -5363 Completed: 9/2013 "2012" PAST WOPK REFER. D+ N CE$ City of Boverly hills 345 Foothill Road Boverly Hills, CA 90210 Contact: 7uan Martinez, (310) 285 -2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754 -5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde, (951) 943 -5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinaccri, (949) 248 -3574 City of long Beach 333 W. Ocean Blvd,, IOth Floor Long Beach, CA 90802 Contact: ChuckRarney, (562) 570 -6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647 -5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA. 92708 Contact: Alex Salazar, (714) 593 -4516 2010 -2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1/2011 Completed: 4/30/2012 2010 -2011 Citywide Street Rehabilitation ContractAmount: $2,778,000.00 Start: 7/1/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/2912012 Pacific Coast T3ighway & Niguel Shores ContraotAmount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/1/2011 Completed.: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/1/2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Stark: 5/1/2012 Completed: 8/1/2012 "2011„ PAST WORK REFERENCES City,•pf QdrVpton 205 South Willowbrook Avenue Compton, CA 90220 'Contact: Loujuana Mitchell, (310) 761 -1437 County.of San 1ernardino 825 B. Third Street San Bernardino,, CA 92415 Contact, Franklin Lund, (909) 387 -792Q County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: DavidHyikema, (951) 850 -6075 City of Stanton 7800 Katella Avenue Stanton, CA 90680 -3162 Contact: Quang Le, (714) 890 -4234 City of Long Beach 333 West Ocean Blvd'., 10'J' Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570 -6634 City of Paramount 16400 Colorado Boulovard Paramount, CA '90723 -5012 Contact: Len Gorecki, (562) 220 -2111 City of Huntington Beach 2000 Main Street Iiuntington Beach, CA 92648 Contact: Dave Verone, (714) 375 -8471 Department of Transportation 464 W. Fourth Street San Bernardino, CA 92410 -1400 Contact: Imad Abugharbieh, (951) 277 -8579 Northwood Avenue Reconstruction ContractAmount: $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. ContractAmount: $565,000,00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation' CcntractAmount: $740,000.00 Start. 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/1/2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/1/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909.00 Start: 11/1/2010 Completed: 3/30/2011 Slater Avenue Improvements Contract Amount: $1,926,341.00 Start: 8/2/201 D Completed: 2/30/2011 Route 91 Project Contract Amount: $5,732,812.00 Start: 3/'1/2010 Completed: 3 /30/2011 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20 , by _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me `.k�e ca�rur.�ned�DJa�tiw�:m�u�rw�r'€' Notary Public Signature Notary Public Seal P -12 of P -17 23A -32 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside REnECCA ANGELA PARKA t m7 Commission N 2024344 a e s' Notary Publiq C,sli:ornia � >` >�' Riverside County ^"Pr =' My Comm. Expires Me 17, 2017 Subscribed and sworn to (or affirmed) before me on this 7 I day of December, 2016. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) M Name- ofvigaer enFe be the peFsaR sre'me.) Signature � �- z �2 Place Notary Seal Above SlgnatL& of Notary Public - -- OPTIONAL -- — Though the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: None Number of Pages: 7 Signer(s) Other Than Named Above: None Top of thumb here 23A -33 Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 1.6 -6858: FIRST STREET PAVEMENT MAINTENANCE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 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, 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 involved as provided in Executive Order 11246 of September 24, 1.965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P-17 23A -34 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 1.735, 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:` ma Title: r, nirnr an M to c u�esiai A Firm: \�6461 Date: X iA it k, P -14 of P -t7 23A -35 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 California Apprenticeship Council. Signed: d'd Title; Firm:�>�« P Q� Date: P -15 of P -17 23A -36 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. I6 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 entitll d� r Title: jar Firm: Q�� iyrfuav V- k0nat� Date: P -16 of P -17 23A -37 CITY OF SANTA ANA PROPOSAL PROJECT NO, 1.5 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE 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 -1.7 23A -38 (THE BIDDERS LXECUTION ON THE SIGNATURE POR71ON OF THIS PROPOSAL SHALL ALSO CONSTI7'U773 AN IsNDORSFMEN7'AND EXECUTION OFTHOSE CE'R7711CA470NS WHICHAREA PART OF7711S PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER proposed subcontractor hereby certifies that he has Z 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 CFR 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 -L5. (Generally only contracts or subcontracts of $10,000 or under 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 CFR 60- 13(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. 23A -39 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other 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 been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • 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. N Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action, Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 23A -40 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 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 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 funds other than 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance 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 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 subrecipients shall certify and disclose accordingly. 23A -41 DISCLOSURE OF LOBBYING ACTIVITIES _ COMPLGTLTHIS FOW TO DISCLOSE: LOBBYING AC'riyiyi7s PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: ^2. Status of Federal Action: 3. Report Type: a. contract = a. bid / other /application % initial b. grant b. initial award b, material change c. cooperative agreement c. post -award d. loan For Material Ch ge Only: e, loci guarantee year_ quarter _ f. loan insurance date of 1W report — 4. Name and Address of Reporting Entity Enamefirst orting Entity in No. 4' Submvardec, Name and Address 'Prime: Prime; ❑ Subawmeloc ' tor__, if know Congressional District, if known essiom Nstrict, if known 6. Federal Department' /Agency: al Pr ram Name/Deseription: Number, if applicable S. Federal Actiort Nlunber, if known: Amount, if known: 10. a. Name and Address of Lobby Entity duals Performing Services (including (If individual, last name, first name s if diff�eront liom No. IOa) ame, first name, MI) (attach Cot inuation Sheets) if necessary) 11. Amount ofPoyment (/memtnber(s) hat ap y) 13. Type of Payment (check all that apply) S ® tanned a. retainer b, one -time foe 12. Form of payment (check apply): c. commission 8 u, cash d. contingent fee b, in -kind; spc e deferred e__ -�._ f. other, specify 14. Brief Description of Srformed or to be performed and Date(s) of Service, including officer(s), employce(ser(s) contacted, for Payment Indicated in Item H: (attach Co ntinuation Shoot(s) if necessary) 15, Continuatio shect(s) attached: Yes 11 No El 16. Information r uested through this form is authorized by 'rifle 31 11.S . Section 1352. This disclosure of lobbying reliance w. placed by the tier nbove when his transaction was made or entered into, This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penally of not less than $10,000 and not more them $100,0001'or each such failure, Federal Use Only: Print Name: Telephone No.: 9E- /- 731-760 Authorized for Local R Standard Form - LLI. 23A -42 ti 0 ."o C2 v IV Fd d 'TC m I h,. cC }U� r I, 1pp 1 �1 ci z ro U �o Ci h a b o� N H 6 N p 't7 0 v O q .0 � ipgd W W v •5 M U O O � U b❑ U ttl M ° a� b Rr W v W 0 w 3 � T 8a op= v ro IN o o w�}ff 6 ti .0 J 10 ti 23A -43 e 3 s 0 a u° v a a .m O �1 c 0 G O O � .r bAw a 0.i rn _a = = °o a oo. 'E 'E _��syos. .E o E 0 1 'E 'E E o 6 In 'E 'E E o E us E E E E o E In E E E E o E vl E E E E a �n v V to V V .,n, V £ �� +\% 'y�' u/�. V +max V V V V +/w V V V li +n..y. V C 0 Q Q p G ❑❑ ❑ ME] ❑❑ ❑ ❑ ❑ ❑❑ ❑❑ ❑❑ ❑ ❑❑ Uapq A v c E v E c� M no o to 47 tj NN d •em .....✓ ` G � 1 0 a 2 u •v —1� i r � V V � V/ J ^� � J m� 1, a+ m nvY, v ai y ui ai v m� E .�2- ' ZD n �,'," z v z V z 23A -43 e 3 s 0 a u° v a a .m O �1 c 0 G O O � .r bAw a 0.i rn Ir s - v s u o �v t, J X 23A -44 0 w w G� w z w w s Z QIrU r .U. s* Q N J v s u o �v t, J X 23A -44 0 w w G� w z w w CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT IMPROVEMENTS PROJECT NO. 16 -6858: FIRST STREET PAVEMENT IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 17th day of January, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "), and All American Asphalt (hereinafter "CONTRACTOR'). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Warner Avenue Pavement Improvements and First Street Pavement Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices hi 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 Two Million Five Hundred Eighty -Eight Thousand Six Hundred Ninety -Eight Dollars and No Cents ($2,588,698.00), 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 lunp 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 ornit portions of the work as may be deemed necessary or advisable. Exhibit 3 rev. (2/20/20(6 23A -45 Page I 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. 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. 7. 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. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H 23A-46 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council s' • 1 a_ • i_1 SONIA R. CARVALHO City Attorney By: tCw '� .,✓l'� JOUN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: All American Asphalt EDWARD J. CARLSON Vice President 23A -47 Page 3 o£3 23A -48 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 15 -6840 & 16 -6858: WARNER AVENUE & FIRST STREET PAVEMENT MAINTENANCE Construction Contract $ 2,588,698.00 Contract Administration $ 45,896.00 Inspection and Testing $ 342,408.00 Contingencies $ 522,998.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,500,000.00 EXHIBIT 4 23A -49 23A -50