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Home My WebLink About23B - BRISTOL ST REHABREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $540,408, FOR THE BRISTOL STREET REHABILITATION FROM MACARTHUR BOULEVARD TO RAILROAD PROJECT WITH AN ESTIMATED PROJECT COST OF $647,760 (PROJECT NO. 19-6943) {STRATEGIC PLAN NOS. 6, 1 C; 1 G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ ,K•�►nl►tr».ic•� /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $540,408, for construction of the Bristol Street Rehabilitation from MacArthur Boulevard to Railroad (North of Alton Avenue) Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $647,760, which includes $540,408 for the construction contract; $53,552 for contract administration, inspection, and testing; and a $53,800 project contingency, paid with Highway Users Tax Account -Road Maintenance and Rehabilitation Funds. DISCUSSION The City's Pavement Management System has identified Bristol Street from MacArthur Boulevard to Alton Avenue as high priority for street rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The improvements include the removal and replacement of failed asphalt pavement; the replacement of damaged concrete curb, gutters, sidewalks, and curb ramps; and installation of traffic loops, traffic stripes, and pavement markings. Once complete, these improvements will enhance ride quality and safety of motorists, pedestrians, and bicycle users. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 2, 9, and 16, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 24, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current 23B-1 Award Contract to All American Asphalt for Bristol Street Rehabilitation from MacArthur Blvd to Railroad December 17, 2019 Page 2 and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 839 vendors, including 47 located in the City of Santa Ana, were notified of the project via PlanetBids. 43 vendors requested bidding documents and 4 bids were received, with none from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $540,408 2 Hardy & Harper, Inc. Lake Forest $591,716 3 R.J. Noble Company Orange $609,863 4 Excel Paving Company Long Beach $649,749 All four bids were responsive and All American Asphalt submitted the lowest responsive bid in the amount of $540,408 (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). Project Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $647,760. Purpose Cost Construction Contract $540,408 Construction Administration, Inspection, and Testing $53,552 Contingencies $53,800 ESTIMATED CONSTRUCTION DELIVERY COST $647,760 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. 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 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 23B-2 Award Contract to All American Asphalt for Bristol Street Rehabilitation from MacArthur Blvd to Railroad December 17, 2019 Page 3 Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-53 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $647,760, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 2019-20 05917665-66220 Select Street HUTA Gas Tax - RMRA, Improvements $647,760 Dec. -June (Prof. 19-6943) Construction Other than Building Total: $647,760 All funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23B-3 23B-4 City of Santa Ana Page 1 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results EXHIBIT 2 Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92879 United States Respondee Jim McGee Respondee Title Project Manager Phone 951-736-7600 Ext. 205 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CA DIR Bid Detail BidFormatElectronic Submitted October 24, 2019 1:45:43 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 192809 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General _ General Attachment.pdf General Forms _ Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Executed Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Non-Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items 1 Unclassified Excavation CY 250 $213.00 $53,250.00 2 Cold Mill (2") SF 130300 $0.22 $28,666.00 3 Cold Mill (Y) SF 7000 $0.35 $2,450.00 23B-5 City of Santa Ana Page 2 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Asphalt Pavement TN 242 $155.00 $37,510.00 5 Asphalt Rubber Hot Mix (ARHM) TN 1500 $100.00 $150,000.00 6 ARAM SY 15300 $6.30 $96,390.00 7 PCC Sidewalk (4") SF 1454 $10.00 $14,540.00 8 PCC Curb Ramp SF 1820 $10.70 $19,474.00 9 PCC Curb & Gutter (Type A-2-8) SF 220 $49.00 $10,780.00 10 Survey Monument LF 2 $425.00 $850.00 11 Truncated Dome EA 13 $875.00 $11,375.00 12 Furnish and Install Water Valve Frame and Coverto Finished Grade EA 13 $795.00 $10,335.00 13 Adjust Manhole Frame & Cover to Finished Grade EA 4 $900.00 $3,600.00 14 Furnish and Install #6 Pullbox to Finished Grade EA 11 $722.00 $7,942.00 15 Furnish and Install Traffic Loops D t EA 21 $245.00 $5,145.00 16 Furnish and Install Traffic Loops E t EA 50 $218.00 $10,900.00 17 Furnish and Install Traffic Loops Q t EA 3 $245.00 $735.00 18 Temporary Construction Sign EA 5 $1,050.00 $5,250.00 19 Project Advertisement Sign EA .. $1,500.00 $3,000.00 23B-6 City of Santa Ana Page 3 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 20 Labor Oversight Agreement LS 1 $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished Grade EA 1 $900.00 $900.00 22 UPRR Permit/Right of Entry EA 1 $1,000.00 $1,000.00 23 UPRR Daily Flagging Service' EA 5 $2,080.00 $10,400.00 24 PCC Curb B-3 LF 10 $61.00 $610.00 25 Adjust Manhole Frame & Cover toFinished Grade (MWD) EA 1 $900.00 $900.00 26 Detectors Lead-in Cable LF 1600 $1.59 $2,544.00 27 Furnish and Install Manhole Frame and Cover (Water Lid) EA 1 $900.00 $900.00 28 PCC Driveway Approach (Commercial = 8") SF 1551 $17.00 $26,367.00 29— Striping (Driveways & Curbs) (PrivateProperty) LS 1 $7,170.00 $7,170.00 30 PCC Curb, & Curb & Gutter (Type A-2-6) (Private Property) LF 135 $55.00 $7,425.00 Subtotal $540,408.00 Add Alternative Bid One - NOT part of Base Bid Calculation 31 Signing and Striping (Entire Project) LS 1 $99,200.00 $99,200.00 Subtotal $99,200.00 Base Bid Asterisk Notes per P-4 of Specifications - NOT part of Base Bid Calculation 32 ` = 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. ea 0 0 0 33 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $639,608.00 23B-7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD, TO RAILROAD (N. OF ALTON AVE.) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 250 CY $^ f oo $010,00 2 Cold Mill (2") 130,300 SF $ o �,'10� I. Q6 $ gz,646.00 3 Cold Mill (3") 7,000 SF $ R G $11llbo, 00 4 Asphalt Pavement 242 TN $ IUugd $ 27l 610 q0 5 Asphalt Rubber Hot Mix (ARHM) 1,500 TN 1100,90 $ im 10,90 6 ARAM 15,300 SY $ r_ Qa $ %%quo 7 PCC Sidewalk (4") 1,454 SF $ 10.00 $100 00 8 PCC Curb Ramp 1,820 SF $ 60 70 $ q I (naqq, a 9 PCC Curb & Gutter (Type A-2-8) 220 SF if 10 Survey Monument 2 LF $ q � G 00 fQa17Jf /�. $ p�'''oU-0 a �i1, 11 Truncated Dome 13 EA $ / O $ 376.00 12 Furnish and Install Water Valve Frame and Cover to Finished Grade 13 EA $ I .00 $ 2F �013�5• 13 Adjust Manhole Frame & Cover to Finished Grade 4 EA IV 231tf p8' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) Item Description Qty Unit Unit Price Amount 14 Furnish and Install #6 Pullbox to Finished Grade 11 EA $17�n qo 7(UW VI/ $ Ill 8 oW 15 Furnish and Install Traffic Loops D t 21 EA $ 16 Furnish and Install Traffic Loops E t 50 EA $ W 4 V 00 $ 101g o0O 17 Furnish and Install Traffic Loops Q t 3 EA $ 18 Temporary Construction Sign 5 EA $IIVUOUO 19 Project Advertisement Sign 2 EA $000,00 $3,009,00 20 Labor Oversight Agreement I LS $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished Grade i EA $ go(j.00 v 22 UPRR Permit/Right of Entry I EA $1,000.00 $1,000.00 23 UPRRDaily Flagging Service • 5 EA $r110g00tl 000 /t $1!0(g00-U� 24 PCC Curb B-3 10 LF $d`1 1 O $ WHO 25 Adjust Manhole Frame & Cover to Finished Grade (MWD) 1 EA $ qoo qo lUV v $ QR0 ,go iV v 26 Detectors Lead-in Cable 1,600 LF $ ! �� $ �g�,U 1 27 Furnish and Install Manhole Frame and Cover (Water Lid) 1 EA $ g0o.00 'iV $ �W .00 l 28 PCC Driveway Approach (Commercial = 8") 1,551 SF $ I p $ n f-l�!❑ Qo 29 Striping (Driveways & Curbs) (Private Property) l LS $ 7J7 Q $ ) 30 PCC Curb, & Curb & Gutter (Type A- 2-6) (Private Property) 135 LF U 11 v r P-2 of P-17 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) TOTAL BASE BID $ ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 31 Signing and Striping (Entire Project) 1 LS $ Ar112� $ 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. t 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 coordination and acquire the Permit from the Union Pacific Railroad Company within 30 working days after the commencement date stated in the Notice to Proceed. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 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 $870 per calendar day. Name of Firm Signature of BI Title Edward (If an individual, so state. If a firm or co -partnership, state the firm name and give the names or 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 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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- of P-17 23�-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E-Mail Address: publicworksO-allamericanasphalt com Telephone: 951-736- State Contractor's License No. and Class: 267073 A, C-12 License Expiration Date: i S&WIIZ1➢41] State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6-30-2020 - Signed: Title: Edward J. Carlson Vice President P-5 of P-17 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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 BI] Title Edward J. Carlson, Vice President (if an individual, so state) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary 2363f CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF aRMME Riverside ) SS: CITY OF SANTA ANACorona ) 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-parmership. ❑x CORPORATION That he is of Vice President of All Arneoran Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. 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. Signa re of Bidder Edward J. Carlson, Vice President Subscribed and sworn to be me this day of 20 —P11W18SeeA whe Signature of officer Administering Oath�tary Public) P-7 of P-17 23B-14 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 COURTNEY CHAPAB Notary Public -California Riverside County d �vrrwv�'c' Commission # 2172984 tdy Comm. Expires Nov 20.2020 J Subscribed and sworn to (or affirmed) before me on this 16th day of October. 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 Place Notary Seal Above Signally ignat of Nota U 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: 10-16-2019 Number of Pages: 1 Signer(s) Other Than Named Above: Top of thumb here Top of thumb here 23B-15 CITY OF SANTA ANA PROPOSAL Bond No.08597423 Bid Date: 10/24/2019 PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) BID BOND 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 atnount 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 14th day of October 2019. BIDDER* All Americ, Sixth Street, Corona, CA 92879 - Phone SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street Suite 3900 Los Angeles. CA 90017 David Wei (213) 270-0600 Subscribed and sworn to before me 20_ Signature: Notary Public in and for the County of **Please See Attached** , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. i T6 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 tmthfuIness. accuracy. nr validity of that document. State of California County of Riverside On October 16, 2019 before me, Courtney Chapas, Notary Public Date Here Insert name and Tige of the oRcer personally appeared Edward J. Carlson Name(s) of Signer(s) f V 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/she/they, executed the same in � his/hef4l4e# authorized capacity(les), and that by his/her/the -_ COURTNEY CHAPAS signature(s) on the instrument the person(s), or the entity upon behalf ,?� v Notary Public • California L of which the person(s) acted, executed the instrument. i �.F.® - Riverside County z z 0' Commission x 2172984 = 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Nov 20, 2020 California that the forgoing paragraph is true and correct. WITNESS my hand and off 'al seal.1/�(�n Signature V Place Notary Seal Above Sign V of Notarflublic 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 Document Date: October 14 2019 Number of Pages: Signer(a) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner 11 ❑ Limited o General ❑ Attorney in Fad ❑ Trustee ❑ Other: net is Sign Name: ❑ Indivi I ❑Corporate Icer—Title(s):_ ❑ Partner 1 ❑ Lim d ❑ General ❑ Attorney in Fad Top of Numb here ❑ Trustee ❑ Other: is Top of thumb here 23B-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity, of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 10/14/2019 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rcbeeca Haas -Bates NameKof Signerr* who proved to me on the basis of satisfactory evidence to be the persons} whose name(9). is/are subscribed to the within instrument and acknowledged to me that he/she/that' executed the same in Itis/her/their authorized capacity(L^rs, and that by his(her/their signature4on the instrument the person or the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. uLIANA GOMEZ WITNESS hand and official seal. Notary Public - California Orange County =% Commission F 2243326 Signature..... •"'w'V My Comm. Expires May 20, 2023 Signature of &tary Public 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: 10/14/2019 Number of Pages: One(]) Signer's) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney 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 ❑ Other: Signer Is Representing: are ��: _ :.�.�. .�ti.ti. a. '��. �•.�,-«. . O 1 • • • • • • • • :11 • yYM :11 B. •1 23B-18 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 -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile order 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." ]'his 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 Mav, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly culled and held on the 1 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't-ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 14th day of October . 2019. By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 w w w. renorls fclai ms(cDz uri chtia. com 011I1SYkEF]Illi 23B-19 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS! That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set firth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, a6 of Irvine, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Marvland., 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 -taws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY .AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, A.D. 2019, �j• i'r�.a nn� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND I3y.' Robert D. Murray Vice President BY, Down E. Brown Secretary State of Maryland County of Baltimore On this I Idt day ot'June, A.U. 2019, befom the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary ofthe Companies, to me personally known to be the individuals and oflicen described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saidt, that hNshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signalize as such officer were duly alfixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN I'ES'I'IMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn. Notary Public My Commission Expires: July 9, 2023 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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: 'fa% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/s% 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 Reg Location Phone Type Of Amount Name 17m1t1 License #/Exp. DIR Reg. #/Exp. License # L Location �1 Phone Type Of Work Amount $ 61 Name U 111 License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ BI ryn I — V 111000rVU N Signa 're of Bidder Edward J. Carlson, Vice President Name UU IIU License #/Exp. DIR Reg. #/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. #/Exp. License # Location Phone Type Of Work Amount $ 2id-f J7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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. 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 N $1,130,470.00 Contract Amount 2, City of Temecula 41000 Main Street Name and Address of owner. William Becerra (951) 694-6444 familiar with project. Pavement Rehabilitation Type of Work CA 92590 Name and Telephone Number of person familiar with project. $2,577,77U0 Pavement Rehabilitation 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. $849J82,00 Road Rehabilitation Contract Amount Type of Work 07r2017 Date Completed 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. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S, Fioueroa Street #3900 Los Angeles, CA 90017 (213) 270-0600 Owen M. Brown Insurance Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine CA 92620 (949) 857-4500 Edggewood Partners Insurance Center (Insurance) 3633 Inland Empire Blvd Suite 640 Ontario CA 91764 (714) 937-4270 P-10 of P-17 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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. of Victorville 14343 Civic Dr. Victorville, CA 92392 Name and Address of Owner. Carlos Seanez f760) 955-5162 Name and Telephone Number of person familiar with project. $251,008.00 Paving Project 06/2017 Contract Amount Type of Work Date Completed of Santee 10601 Magnolia Avenue Building 4 Santee, CA 92071 Name and Address of owner. Toby M. Espinola (619) 258-4100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal 1012017 Contract Amount Type of Work Date Completed 3, City of Yucaipa 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. John LaRose (909) 797-2489 Name and Telephone Number of person familiar with project. $252,379.06 Micro -Surfacing Contract Amount Type of Work 0812017 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. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Fiaueroa Street #3900 Los Angeles. CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine CA 92620 (949) 857-4500 Edge= Partners Insurance Center (Insurance) 3633 Inland Emoire Blvd. Suite 640 Ontario CA 91764 (714) 937-4270 P-II of 17 23B- 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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 Carlson, Gice President State of California County of Subscribed and sworn to who appeared before me Notary Public Signature affirmed) before me on this day of , 20_, by vved to me on the basis of satisfactory evidence to be the person(s) 'Please See Attached' Notary Public Seal P-12 of P-17 23B-24 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 COURTNEY CHAPAS Notary Public -California Riverside County z Commission # 2172984 My Comm. Expires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 16th day of October. 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 (.) (,) (And (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Nx6r lY1 k - Place Notary Seal Above SignatiVIAof NotaY 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: 10-16-2019 Number of Pages: 1 Sig nens) Other Than Named Above: None Top of thumb here Top of thumb here 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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. 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. 2J6_' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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: r Title: Edward J. Carlson, Vice President Firm: All American Date: i 01161ZO I P-14 of P-17 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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 Californian AApp renticeship Council. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 1011 2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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 Asphalt Date: {American 1 Q�117(201 j 21d_' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) 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. N/A P-17 of P-17 23B-30 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 19-6943 BRISTOL STREET REHABILITATION: MACARTHUR BOULEVARD TO RAILROAD (NORTH OF ALTON AVENUE) This CONSTRUCTION CONTRACT is made and entered into this 171h day of December, 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: 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 Bristol Street Rehabilitation: MacArthur Bouldevard to Railroad (North of Alton Avenue) Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Forty Thousand Four Hundred Eight Dollars and No Cents ($540,408.00), 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 23B-31 Page 1 of 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. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hLtp://www.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23B-32 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ig . -f.. L JOVN 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 NAMIf-. F WoT601rIoot) TITLE: ViG$11root,Iar 23B-33 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 19-6943: BRISTOL STREET REHABILITATION: MACARTHUR BOULEVARD TO RAILROAD (NORTH OF ALTON AVENUE) Construction Contract $ 540,408.00 Contract Administration $ 20,774.00 Inspection and Testing $ 32,778.00 Contingencies $ 53,800.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 647,760.00 23B-34