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Home My WebLink About23A - PROJ SLURRY SEAL 1ST & RAITTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2019 TITLE: AWARD CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $739,596 FOR SLURRY SEAL IMPROVEMENTS ON FIRST STREET AND RAITT STREET (PROJECT NOS. 19-6921 AND 19-6945) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd 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 $739,596, for construction of the Slurry Seal Improvements on First Street and Raitt Street, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $911,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $73,959 in Highway Users Tax Account: Road Maintenance and Rehabilitation Fund. The budget is sufficient to cover the contract. DISCUSSION The City's Pavement Management Program has identified the arterial street segments of 1St Street from West City Limit to Newhope Street and Raitt Street from Edinger Avenue to McFadden Avenue, as high-priority for slurry seal improvements (Exhibit 1). The recommended work consists of preparing the roadway by performing minor localized asphalt pavement repairs, replacing damaged concrete curbs, gutters, sidewalks, and curb ramps, followed by crack seal treatment, and then slurry seal resurfacing. The improvements also include painting new lane line stripes and markings, replacing selected street signs. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disability Act standards. A Notice Inviting Bids was advertised on March 8 and 15, 2019, and bids were opened on March 27, 2019. The following is a summary of the bid invitations made and the bids received: 23A-1 Award Contract to All American Asphalt Slurry Seal Improvements on First Street and Raitt Street May 7, 2019 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 47 Contractors requesting bidding documents 37 Bids received 5 Bids received from Santa Ana contractors 1 Outreach To provide an opportunity for local vendors to submit bids, the City has been utilizing PlanetBids which is web -based system. Through this system, 47 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $739,596 2 Hardy & Harper, Inc. Santa Ana $751,000 3 Excel Paving Co Long Beach $764,850 4 R.J. Noble Company Orange j $824,563 5 ONYX Paving Company Inc. Anaheim 1 $911,000 A total of five (5) bids were received, and all were deemed responsive. All American Asphalt, submitted the lowest responsive bid in the amount of $739,596 (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 bid (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 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 23A-2 Award Contract to All American Asphalt Slurry Seal Improvements on First Street and Raiff Street May 7, 2019 Page 3 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. ER -2018-92 and ER -2019-08 were filed for the project 19-6921 and 19-6945. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $911,000, which includes construction, contract administration, inspection, testing, design engineering, and an authorized contingency of $73,959. The following table summarizes the Funds budgeted for expenditure to deliver construction of this project: Fuad S.eiss, PE, PLS Executiv Director Public W rks Agency FSS/EWG/TC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: A�8-W-06 Kathryn Downs, CPA J Yq ICPA J Yq d Executive Director Finance and Management Services Agency 23A-3 Accounting Unit - Fiscal Fund Accounting Unit- Account No. Account No. Amount Year Description Description (Project No.) FY 18-19 05917665-66220 Select Street Road Maintenance and $636,000 (19-6921) Construction Rehabilitation Account FY 18-19 05917665-66220 Select Street Road Maintenance and $275,000 (19-6945) Construction Rehabilitation Account TOTAL CONSTRUCTION CONTRACT: $911,000 Fuad S.eiss, PE, PLS Executiv Director Public W rks Agency FSS/EWG/TC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: A�8-W-06 Kathryn Downs, CPA J Yq ICPA J Yq d Executive Director Finance and Management Services Agency 23A-3 Award Contract to All American Asphalt Slurry Seal Improvements on First Street and Raitt Street May 7, 2019 Page 4 4. Cost Analysis 23A-4 SANTA ANA Project No. 19-6921 and 19-6945: PWA 1St Street and Raitt Street Slurry Seal I and Resurfacing NBUCWONl9AMU Mild 23A-6 EXHIBIT 2 City of Santa Ana Page 1 First Stra rt Slurry Seal and Resurfacing; Raitt Street Slurry Seal and Resurfacing (19-8921 819-6945), bidding on Phaed 03/2e2019 Bid Results Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92979 United States Respondee Jim McGee Respondee Title Pro)ect Manager Phone 951-736-7600 EM. 205 Email publltworks@allamedcanespheitcom VendorType CADIR Ucense # 267073 CA DIR Bid Detail Bid Format Elec4onlc Submitted March 27, 2019 1:4223 PM (Paclflc) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 170771 Ranking 0 Respondee Comment Buyer Comment Attachments Flle Title File Name Flle Type General Forms General Forms.pdf General Forms Ownership Affidavit Ownership AffidaNtpdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Band Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addl0on Non -Collusion Affidavit Non-Colluslon AfBdavlLpdf Non -Collusion Af9davll (Notary Public)- REQ Original Hard Copy Submlttal In Addition Line Items Type Item Cade UOM Qty Unit Price Line Total Comment Base Bid Proposal 1 Unclassified Excavation' CY 546 $148.00 $80,808.00 2 Cold MIIIing (2") SF 27000 $0.67 $15,390.00 PlanetBids, Inc. 23A-7 City of Santa Ana Page 2 First Street Slurry Seal and Resurfacing; Raid: Street Slurry Seal and Resurfacing (19-6921 & 19-6945), bidding on Printed 03rr29l2019 Bid Results Type Item Code UOM O1Y Unit Price Lina Total Comment 3 AC Pavement (Asphalt Concrete) TN 810 $104.00 $84,240.00 4 Rubberized Emulsion Aggregate Slurry (REAS), Type II 7N 375 $717.00 $268,875.00 5 Crack Sealing (First Street) LS 1 $15,000.00 $15,000.00 6 Crack Sealing (Raiff Street) LS 1 $5,400.00 $6,400.00 7 PCC Sidewalk* SF 3540 $7,90 $27,966.00 8 PCC Curb (Type B-1)• LF 22 $61.00 $1,342.00 9 PCC Curb & Gutter (Type A-2.8)` LF 485 $52.00 $25,220.00 10 PCC Curb Ramps* SF 6885 $9.20 $83,342.00 11 PCC Driveway (T=6)• SF 490 $12.00 $5,880.00 12 Root Shave EA 22 $352.00 $7,744.00 13 Adjust Manhole Frame & Cover to Finished Grade EA a $923.00 $5,538.00 14 Adjust Manhole Frame & Cover to Finished Grade (OCSD) FA 1 $923.00 $923.00 15 Adjust Water Valve Frame & Cover to Finished Grade FA 7 $950.00 $6,550.00 16 Adjust Survey Monument Frame and Cover to Finished Grade EA 1 $868.00 $858.00 17 Furnish and Install New#6 Pull Box EA 7 $543.00 $3,801,00 18 Protection of Surface UBllty Cellars, Frames & Covers (First St) LS 1 $992.00 $992.00 PlanetEllds, Inc. 23A-8 I Cityof Santa Ana Page 3 First Street Slurry Seal and Resurfacing; Raltt Street Slurry Seal and Resurfacing (19.6921 &1 M945), bidding on Printed 03129/2019 i Bid Results Type •Item Code UOM qty Unit Price Llne Total Comment 19 Protection of Surface Utility Collars, Frames & Covers (Ralit St) LS 1 $982.00 $992.00 20 Temporary Construction Sign EA 4 $1,815.00 $6,460.00 21 Project Advertisement Sign EA 4 $2,100.00 $8,400.00 . 22 Furnish and Install Traffic Loops Type D t ' EA 21 ............ .. ... ... ........ $250.00 .......... :...._.... .._ $5,250.00 ... ....... 23 Furnish and Install Traffic Loops Type E t ....... . LS 55 $223.00 $12,265.00 24 Furnish and Install Traffic Loops Type Q t • EA 3 $250.00 $750.00 25 Signing and Striping (No Bike Lane) (First Street) LS 1 $44,800.00 $44,600.00 26 Signing and SWping (RaM Street) LS 1 $24,700.00 $24,700.00 27 Labor Agreement Oversight LS 1 .,, $15,000.00 $15,000.00 Subtotal $739,596.00 Add Alternative One 26 Bike Lane Striping (First Street) Ls 1 $59,500.00 $59,600.00 Subtotal $59,500.00 Asterisk Notes (Per P3 of Specifications) • NOT part of Total Bid Calculation 29 • = The quantity for this bid Item Is sham 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. EA 0 0 0 30 t = This bid Item Is considered a Specialty Item per Section 23.2 of the Standard Specifications. EA a . . 0 .. 0 .. Subtotal.. 0 .. Total $799,096.00 PlanetBlds, Inc. 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation • 546 CY S W.00 $401300.00 2 Cold Milling (2") 27,000 IF S o $1SISg0.00 3 AC Pavement (Asphalt Concrete) 810 TN S 10q 00 S 8u 19n g0.00 4 Rubberized Emulsion Aggregate Slurry (REAS), Type 1I 375 TN S 817.00 0 I U %?l 095.00 5 Crack Sealing (First Street) I LS ` S 161RQo 0//®�� 8 �/51j0(00 00 6 Crack Sealing (Raiff Street) I LS $ t01 100 OU S {OI Ivo QQ 7 PCC Sidewalk • 3,540 IF S 9 90 100 S 4 ql q6. 00 8 PCC Curb (Type B-1) • 22 LF S61.00 b S i l go 9 PCC Curb & Gutter (Type A-2-8) • 485 LF S 2.00 $ dA/lQ,oa 10 PCC Curb Ramps 6,885 IF S 910 S 6313466 11 PCC Driveway (T=6") • 490 IF $ 1� 00 S 5r?80.00 12 Root Shave 22 EA $ ag.00 S I71PJ41100 13 Adjust Manhole Frame & Cover to Finished Grade 6 EA $ fvtu ov`o' l S6 53'81.Q0 I 14 Adjust Manhole Frame & Cover to Finished Grade (OCSD) 1 EA $ 9��.00 $ 9 WV.00 P-1 of P-17 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RA1TT ST. SLURRY SEAL AND RESURFACING Item Description Qty Unit UnitPrice Amount 15 Adjust Water Valve Frame & Cover to Finished Grade 7 EA $ '150-60 16,650-00 16 Adjust Survey Monument Frame and Cover to Finished Grade I EA $ 0 63 OQ 0 v�U $ Fbe Q0 u 17 Famish and Install New N6 Pull Box 7 EA $ 5g3.00 131801.00 18 Protection of Surface Utility Collars, Frames & Covers (First St) I LS $ 1lW (►11 1 .00 $ GO/1AI OO I) 19 Protection of Surface Utility Collars, Frames & Covers (Raiff St) 1 LS $ I O6 99�.Uo $ 99.00 Temporary Construction Sign 4 EA $ I t �15 00 OWA2120 IOWA - I 21 Project Advertisement Sign 4 EA I Iffoo I Vlg6Q.Go 22 Furnish and Install Traffic Loops Type D t 21 EA $ go .Q o $ 51 A60. 00 23 Furnish and Install Traffic Loops Type E t 55 EA $ 1f) $l W1cUv,00 24 Furnish and Install Bicycle Loops Type Q t 1 3 EA $ rl n (fo W Q) U $ q ff aO V 25 Signing and Striping (No Bike Lane) (First I LS $ AN -60 $��I 80v oa 0 26 Signing and Striping (Raitt Street) I LS $4700,M $ag1706.66 27 Labor Agreement Oversight 1 LS S 15,000 S 15,000 P-2 of P-17 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING TOTAL BASE BID s 739, w-00 ADD ALTERNATE BID 1 28 1 Bike Lane Striping (First Street) 1 I LS $ 59t 5GG00.00 $ 59, 500.00 TOTAL ADD ALTERNATE BID 1 s 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. j 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 both First St. and Raitt St. Slurry Seal Projects within fifty (50) working days after the commencement date stated in the Notice to Proceed. Furthermore, each Project shall be completed within thirty (30) working days, but no more than 5.0 working days combined. Once work has begun on each Project, the Contractor shall work continuously on that Project until work is complete. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,250 per calendar day. Name of Firm Signature of BIl Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson -Vice President Michael Farkas- Secretary P-3 of P-17 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the. California Business and Professions. Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) All American Asphalt -Corporation Mark Luer- President Edward J. Carlson -Vice President Michael Farkas- Secretary P-4 of P-17 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Business Address: 400 E. Sixth Street Corona, CA 92879 Business E -Mail Address: aublicworks@allamericanasphalt.com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 A. C-12 License Expiration Date: 1-31-2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2019 Signed: Title: Edward J. Carlson, Vice President P-5 of P-17 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of Bl. Title Edward J. Carlson Vice President (if an individual, so state) P-6 of P-17 23A-15 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE ) SS: CITY OF SANTA ANA Edward J. Carlson being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. $� CORPORATION That he is of. Vice President of All American Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is oL one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or a y other person. Signat re of Bidder Edward J. Carlson, Vice President Subscribed and sworn to be me this day of 20 P(065ee 07666b Ga, Arnto) Jtlfu f Signature of officer Administering OaI(Notary Public) P-7 of P-17 23A-16 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 certiPcate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside �.„ COURTNEY CHAPAS Notary Public - California e "- Riverside County z z 'fit=� Commission t 2172984 My Comm. Expires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 25th day of March, 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (And of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature &—k UAPO f Place Notary Seal Above Sig re of No ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 3-25.2019 Number of Pages: 1 Signer(s) Other Than Named Above: None 23A-17 CITY OF SANTA ANA Bid Date 03/27/201923 PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid Dollars ($10% of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 19th day of March —12019 , BIDDER* All American Asphalt 400 East Sixth Street, Corona, CA 92879 (951) 736-7600 `EdarcuT.Goirtuon,vim m6imo SURETY* Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213) 270-060( Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me. 20_ Signature: Notary Public in and for the County of **See Attached** this = 'day 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-18 ya CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness accumcv. nr validity of that document. State of California County of Riverside On March 25. 2019 before me, Courtney Chagas. Notary Public Daze Here Insen name and Tire or rine OIlcer personally appeared Edward J. Carlson Names) of S.gnegs) COURTNEY Notary Public . California a a ` Riverside County z z: Z Commission # 2172984 A My Comm. Expires Nov 20, 2020' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh"'..�;My executed the same in his/herkheir authorized capacity(ies), and that by his/heAtheir signature(r) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal Signature l Place Notary Seal Above Signa yre of Not P is OPTIONAL V 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: March 19. 2019 Number of Pages: 1 Signer(e) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson in Individual X Corporate Officer—Title(s): Vice President ❑ Partner E o Limited o General ❑ Attorney in Fact ❑ Trustee Top of a umb bare ❑ Other: SignXs Name: ❑ Indv al ❑ Corporate fice r—Title(s): ❑ Partner f o LI 'ted o General ❑ Attorney in Fact Top of Numb here ❑ Trustee in Other 23A-19 CALIFORNIA :, ALL-PURPOSE ACKMOWLIEDGMEMT CIVIL CODE RS.c.M�.a✓aCM</a� a�S;a�S/.a"ua .a /a< �Kw .aK�� .a< x .aK[iYa'dwe w . aMw .dMN - aS/u.Yy�K Mat/q�..gN.'.�[/qt T �t/rt 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 Califomia ) County of Orange ) On 03/19/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(s). is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/their authorized capacity(i&4, and that by his(her/the r signatureZ4on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. LANE "a2'j A. MACFAIR Notary Public — California 51 FFD%v Orange County x Slgnature4:��- ��-�- Commission # 2188592 — Signature of Notary Public My Comm. Expires Mar 27, 2071 If 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: 03/19/2019 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(fes) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual lid Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r I Other. Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23A-20 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -tact to affix the corporate seal thereto; and may with or without cause modify of 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 date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "that the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, _. this 19th day of March ��-yyy1112019 S OZ-44"o- _'7 �1. Michael C. Fay, ;Vice President - TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wvvw.reoortsfclaimsO.zurichna com 800-626-4577 23A-21 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert A Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which aro set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRIGN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAII2, all of Irvine, California„ EACH its true and lawful agent and Attomcy-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 296 day of January, A.D. 2019. Pon- - t � �o ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: 261iertD: Murray Vice PLS dent : By: Dalen E. Brown Secretary State of Maryland County of Baltimore On this 29th day of January, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and the signature m such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 23A-22 Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 inn„ad 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Y2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% 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 License DIR Ref Location Phone Type Of Amount Name License DIR Reg License Location Phone Type Of Amount Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Edward J. Carlson, vice President Name License DIR Reg Location Phone Type Of Amount Name License DIR Rel License Locatioi Phone Type Of Amount Name License 4/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-17 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. County of Los Angeles P.O. Box 7508 Alhambra CA 91802 Name and Address of Owner. Hoda Hassan (626) 458-3144 Name and Telephone Number of person familiar with project. $3,288,999.00 _ Asphalt Paving 1112018 Contract Amount Type of Work Date Completed 2. City of Rolling Hills Estates 4045 Palos Verdes Drive Rolling Hills Estates CA 90274 Name and Address of owner. Scott Gibson (909) 210-0548 - Name and Telephone Number of person familiar with project. $1,203.292.50 Asphalt Paving 0912018 Contract Amount Type of Work Date Completed 3. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Name and Address of owner. Jim Escutia (714) 536-5525 Name and Telephone Number of person familiar with project. $2.285.562.00 Asphalt Paving Contract Amount Type of Work 0612018 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Broker Surety: Fidelity and Deposit Company of Maryland 777 S Figueroa Street #3900 Los Angeles CA 90017- (213) 270-0600 Agent: Owen M Brown Insurance- Millennium Corporate Solutions- 5530 Trabuco Road Irvine CA 92620- (949) 857-4500 Insurance: Edgewood Partners Insurance Center 3633 Inland Empire Blvd- Suite 640 Ontario CA 91764-1902) 212-7513 P-10 of P-17 23A-24 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years, 1 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David (909) 477-2740 Name and Telephone Number of person familiar with project. $1,130,470.00 Contract Amount Asphalt Paving 0712017 Type of Work Date Completed 2. City of Temecula 41000 Main Street Temecula, CA 92590 Name and Address of owner. William Becerra (9511694-6444 Name and Telephone Number of person familiar with project. $2,577,770.00 Asphalt Paving Contract Amount Type of Work 3, Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307 Name and Address of owner. Rich Berger (760) 240-7000 Name and Telephone Number of person familiar with project. $849,182.00 Contract Amount Road Rehabilitation Type of Work 11/2017 Date Completed 11/2017 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Broker Surety: Fidelity and Deposit Company of Maryland 777 S Figueroa Street #3900 Los Angeles, CA 90017- (213) 270-0600 Agent: Owen M. Brown Insurance- Millennium Corporate Solutions- 5530 Trabuco Road Irvine, CA 92620- (949) 857-4500 Insurance: Edgewood Partners Insurance Center- 3633 Inland Empire Blvd: Suite 640 Ontario, CA 91764- (909) 919.7513 P-1 l of P-17 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or , who appeared before me Notary Public Signature 1) before me on this _ day of 20_,'by me on the basis of satisfactory evidence to be the persor'j(s) Plugf, deb khAd GalrPormruJur� P-12 of P-17 23A-26 Public Seal CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verities only the identity of lire individual who signed the document to %i hich this certificate is attached, and not the uuthfulness, accuracy, or validity of that document. State of California County of Riverside COURTNEY CHAPAS Notary Public - California �tik%m Riverside County z ez' Commission # 2172984 My Comm. Ex ires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 25th day of March, 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence, be the person who appeared before me (.) (,) (2) (And Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature 1AA�st" `Y'f ld� Place Notary Seal Above Signa V e of No 5ry 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: 3-25-2019 Number of Pages: 1 Signer(s) Other Than Named Above: None 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 23A-28 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.. Signed: Title: Edward J. Carlson, Vice President Firm: AlllAmerican Asphalt 3�Date: NW/? P-14 of P-17 23A-29 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Firm: Date: Edward J. Carlson, Vice President All American Asphalt Num P-15 of P-17 23A-30 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAITT ST. SLURRY SEAL AND RESURFACING STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: - Title: Edward J. Carlson. Vice President Firm: All American Asphalt Date: 8I�UgUIl P-16 of P-17 23A-31 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 19-6921 AND 19-6945 FIRST ST. AND RAM ST. SLURRY SEAL AND RESURFACING PUBLIC CONTRACT CODE SECTION I0 1_62 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 V If the answer is yes, explain the circumstances in the following space NIA P-17 of P-17 23A-32 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 19-6921 AND 19-6945 1sT STREET AND RAITT STREET SLURRY SEAL AND RESURFACING This CONSTRUCTION CONTRACT is made and entered into this 7`h day of May, 2019 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 15' Street and Raitt 'Street Slurry Seal and Resurfacing Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Thirty -Nine Thousand Five Hundred Ninety -Six Dollars and No Cents ($739,596:00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23A-33 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 waee determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htip://www.santa-ana.org/pwa/documents/CWA.t)d CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A-34 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 71G. T�L J FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All American Asphalt NAME: TITLE: 23A-35 Page 3 of 3 23A-36 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 19-6921 AND 19-6945: 1ST STREET AND RAITT STREET SLURRY SEAL AND RESURFACING Construction Contract $ 739,596.00 Contract Administration $ 47,445.00 Inspection and Testing $ 50,000.00 Contingencies $ 7.3;959:00 TOTAL ESTIMATED CONSTRUCTION COSTS is 911;000.00 EXHIBIT 4 23A-37 23A-38