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HomeMy WebLinkAbout20A - AA - CONTRACT TO AMERICAN ASPHALT FAIRVIEW MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AUTHORIZE COOPERATIVE COST ❑ As Recommended As REIMBURSEMENT AGREEMENT, APPROVE E]Or Amended ❑ Ordinance on 1� Reading APPROPRIATION ADJUSTMENT, AND ❑ Ordinance on 2n' Reading AWARD CONTRACT TO ALL AMERICAN ❑ Implementing Resolution ASPHALT FOR CONSTRUCTION OF ❑ Set Public Hearing For FAIRVIEW STREET PAVEMENT MAINTENANCE (PROJECT NO. 17-6881) (STRATEGIC PLAN NO. 6, 1B; ; 1G) CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements within Garden Grove jurisdiction from Edna Drive to State Route 22 off -ramp, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $63,700 in cost reimbursement from the City of Garden Grove into the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account for the Fairview Street Pavement Maintenance Project. 3. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract with All American Asphalt, the lowest responsible bidder, in accordance with the base bid plus Additive Alternate Bid 1 in the amount of $1,389,297, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Fairview Street Pavement Maintenance project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 4. Appeove the Project Cost Analysis for a total estimated construction delivery cost of $1,813,700, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $216,009. DISCUSSION The City's Pavement Management Program identifies the preventive maintenance needed for the City's street network in accordance with the funding requirements by the Orange County Transportation Authority (OCTA). The recommended arterial street segment on Fairview Street 20A-1 Cooperative Cost Reimbursement Agreement, Appropriation Adjustment, and Contract Award for Fairview Street Pavement Maintenance Project October 3, 2017 Page 2 from Segerstrom Avenue to the North City Limit (Exhibit 1) has been identified as high priority for slurry seal. The work consists of preparing the roadway by performing minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, striping, and signage. Once completed, these improvements will enhance the ride quality, surface drainage, appearance of the neighborhood, and extend the life of the pavement. The City of Garden Grove shares the right-of-way within the project area; therefore, a Cooperative Cost Reimbursement Agreement is required for the City of Garden Grove to finance their portion of the improvements (Exhibit 2). The Cooperative Cost Reimbursement Agreement between the City of Santa Ana and City of Garden Grove identifies the roles and responsibilities of each party and estimates each city's share of the project costs. City of Garden Grove's share of the cost will be funded by Gas Tax. On November 18, 2014, the City Council adopted Resolution No. 2014-079 which authorized submission of applications to OCTA for grant funds under the Arterial Pavement Management Program for Fairview Street from Segerstrom Avenue to North City Limit. On June 13, 2016, the OCTA Board of Directors approved Surface Transportation Block Grant program (STBG) funding for the construction phase. The City is responsible for providing 71 percent of the construction costs as the required local match to the STBG funds. City Council approved a Cooperative Agreement with OCTA for implementation of the Fairview Street project on September 20, 2016, and authorization to proceed with the construction phase was approved by the State of California Department of Transportation (Caltrans) on April 28, 2017. The City has six months after the Caltrans approval date to award a construction contract. A Notice Inviting Bids was advertised on July 31 and August 7, 2017; and bids were opened on August 22, 2017. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 12 Bids received 6 Bids received from Santa Ana contractors 1 20A-2 Cooperative Cost Reimbursement Agreement, Appropriation Adjustment, and Contract Award for Fairview Street Pavement Maintenance Project October 3, 2017 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID +ADD ALT. 1 1 All American Asphalt Corona $1,385,517.00 $1,389,297.00 2 Petrochem Materials Innovation, LLC. Carlsbad $1,471,931.00 $1,476,971.00 3 Hardy & Harper, Inc. Santa Ana $1,616,000.00 $1,634,000.00 4 RJ Noble Company Orange $1,638,270.00 $1,645,830.00 5 Excel Paving Co. Long Beach $1,674,360.00 $1,692,360.00 A total of six bids were received, but only five were deemed responsive. All American Asphalt submitted the lowest responsive bid in the amount of $1,385,517 (Exhibit 3). Based on the bid analysis and a contractors reference check, staff recommends awarding the construction contract to All American Asphalt, in the amount of $1,389,297 (Exhibit 4). This amount includes the Additive Alternate Bid 1 striping work. 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 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. 2017-04 was filed for this project. Additionally, in accordance with the National Environmental Policy Act, the State of California Department of Transportation has determined that the project is categorically excluded from further review. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of the project is $1,813,700, which includes construction, contract administration, inspection, testing, surveying, and contingencies. Funds in the amount of $1,250,000 are available in the Measure M2 Street Construction Fund (Account No. 03217662-66220) and $500,000 in the Select Street 20A-3 Cooperative Cost Reimbursement Agreement, Appropriation Adjustment, and Contract Award for Fairview Street Pavement Maintenance Project October 3, 2017 Page 4 Construction Fund (Account No. 05917660-66220). Upon approval of the recommended appropriation adjustment, $63,700 of cost reimbursement from the City of Garden Grove will be recognized into the Select Street Construction revenue account (No. 05917002-57000) and appropriated into the Select Street Construction expenditure account (No. 05917660-66220). All funds will available for expenditure in Fiscal Year 2017-18. Fred M o s vipo d r Executive Director Public Works Agency FM/EWG/TC APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Cooperative Cost Reimbursement Agreement with Garden Grove 3. Bid 4. Construction Contract 5. Cost Analysis 20A-4 20A-6 EXHIBIT COOPERATIVE COST REIMBURSEMENT AGREEMENT FAIRVIEW STREET SLURRY SEAL (EDNA DRIVE TO SR -22 OFF RAMP) COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this _ day of 2017, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF GARDEN GROVE, a California municipal corporation ("Garden Grove"). In this Agreement, Santa Ana and Garden Grove may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Santa Ana has initiated a street preventative maintenance project (the "Project") to improve the pavement condition of Fairview Street from Edna Dr. to SR -22 Off Ramp; and WHEREAS, Fairview Street within the Project limits contains a portion of property within Santa Ana and a portion of the street within the boundary of Garden Grove; and WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to improve the portion of Fairview Street within its boundary at the same time the Santa Ana Fairview Street Preventative Maintenance Project is conducted; and WHEREAS, the parties desire to slurry seal Fairview Street, within their respective boundaries as part of the "Project". NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. The City of Santa Ana responsible to advertise for bids, hire a contractor, approve the work and administer the contract for street rehabilitation. 2. Garden Grove is responsible for funding that portion of the Project within the Garden Grove city limits, as set forth in Exhibits A and B, attached hereto and incorporated by this reference. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. 3. Garden Grove will coordinate the relocation of all affected utility company facilities within the City limits of Garden Grove in a timely manner. 4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under this Agreement in good faith to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Garden Grove, such approval shall not be unreasonably withheld. 5. Garden Grove will be notified as to the official construction start date and overall construction schedule. Also, a representative from Garden Grove will be invited to attend pre -construction, Project status, and final walk through meetings. 20A-7 6. Change orders for work within Garden Grove must receive the written approval of the Public Works Department Engineering Manager of Garden Grove or his/her designee prior to implementation. 7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or the Public Works Department Engineering Manager of Garden Grove, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Edwin "William" Galvez, City Engineer Public Works Agency Santa Ana, CA 92701 20 Civic Center Plaza, M-21 Phone: (714) 647-5653 E -Mail: wgalvez@santa-ana.org City -of Garden Grove: P.E. ATTN: Dan Candelaria, P.E., T.E. City Engineer Public Works Department 11222 Acacia Parkway Garden Grove, CA 92840 Phone: (714) 741-5192 E -Mail: danc@ci.garden-g rove. ca. us 8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the Garden Grove improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. 9. The City of Santa Ana shall have its contractor provide insurance as follows: 9.1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of this Agreement: (a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A - Class VII or better, as approved by the City. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. An Additional Insured Endorsement, ongoing and completed operations, for the policy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. 20A-8 (b) Automobile liability in the amount of $1,000,000 combined single limit, including mobile equipment if applicable; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A-, Class VII or better, as approved by the City. An Additional Insured Endorsement for the policy shall designate the City of Garden Grove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (c) For any claims related to this Agreement, Contractor's insurance coverage shall be primary Insurance as respects City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, Contractor and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the City of Garden Grove, the City of Santa Ana, their officers, officials, agents, employees, and volunteers. 9.3. CONTRACTOR shall not commence work until all certificates and endorsements have been received and approved by Santa Ana. All insurance required shall contain a Statement of Obligation on the part of the carrier to notify City of any material change, cancellation, or termination at least thirty (30) days in advance. 10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 20A-9 15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 16. This Agreement is to be governed by the laws of the State of California, in Orange County California. 17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's own performance under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other party's negligence or willful misconduct. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOH .FUNK Assis ant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Public Works Agency Executive Director CITY OF GARDEN GROVE SCOTT C. STILES City Manager ATTEST: TERESA POMEROY City Clerk APPROVED AS TO FORM: OMAR SANDOVAL City Attorney 20A-10 EXHIBIT A City Cost Sharing Estimates Fairview Street (Edna Drive to SR -22 Off Ramp) City of Santa Ana Cost Estimate Table 1 City of Garden Grove Cost Estimate Table 2 20A-11 CITY OF SANTA ANA Project No.: 17.6881 By: Mindy Ly Date Revised: 08/24/17 COST ESTIMATE (CITY OF SANTA ANA JURISDICTION) FAIRVIEW STREET PREVENTATIVE MAINTENANCE FROM SEGERSTROM TO NORTH CITY LIMIT : NO. DESCRIPTION UNIT . UANTITY 7—i PRICE. COST 1 Unclassified CY 70 $33.00 $ 2,310.00 2 3 4 REAS Type 2 ARIIM Cold Mill (2") TN TN SF 1,055 3,140 244,900 $577.00 $96.00 $0.25 $ 608,735.00 $ 301,440.00 $ 61,225.00 5 Crack Sealing LS 0.970 $57,300.00 $ 55,592.00 6 Remove and Replace PCC Curb Ramp SF 10,300 $14.85 $ 152,955.00 7 Remove and Replace PCC Sidewalk SF 1,500 $10.74 $ 16,110.00 8 Adjust Manhole Frame & Cover to Finished Grade EA 2 $775.00 $ 1,550.00 9 Furnish and Install New Water Valve Frame & Cover to Finished Grade EA 6 $877.00 $ 5,262.00 10 11 Furnish and Install new Pull Box #6 Frame and Cover & Adjust to Grade Protection of Surface Utility Frames and Covers EA LS 2 1 $2,600.00 $ 5,200.00 —T— 1,032.00 12 Traffic Loos Type E EA 60 $268.00 $ 16,080.00 13 Traffic Loops Type D EA 22 $279.00 $ 6,138.00 14 Temporary Construction Sin EA 4 $1,200.00 $ 4,800.00 15 Si nin and Stri ing LS 0.970 $99,300.00 $ 96,339.00 tl TOTAL CONSTRUCTION COST $ 1,334,768.00 KADe9ignl_PmjeclsXAcW91A19rla1 lmpmwmentslArtenal Street Slurry Seal(1from Segerstmm to NCL July 2017 ML Ravi Santa Ana Jurisdiction only4Sanla Ana Cost 8/24/2017 20A-12 CITY OF SANTA ANA Project No.: 17-6881 By: Mindy Ly Date Revised: 08/24/17 COST ESTIMATE (CITY OF GARDEN GROVE JURISDICTION) FAIRVIEW STREET PREVENTATIVE MAINTENANCE FROM 200' N/O EDNA DRIVE TO SR -22 OFF RAMP NO. DESCRIPTIONS UNIT UANTITY UNITPRICE COST 1 Unclassified Excavation CY 30 $ 33.00 $ 990.00 2 REAS Type 2 TN 45 $ 577.00 $ 25,965.00 3 Asphalt Rubber Hot Mix ARHM)* TN 60 $ 96.00 $ 5,760.00 4 Cold Mill (2")* SF 0 $ 0.25 $ 5 Crack Scaling LS 0.030 $ 57,300.00 $ 1,708.00 6 PCC Curb Ram (@ Avalon Ave & Downie) SF 900 $ 14.85 $ 13,365.00 7 Remove and Replace PCC Sidewalk* SF 0 $ 10.74 $ - 8 Adjust Manhole Frame & Cover to Finished Grade EA 0 $ 775.00 $ 9 Furnish/Install New Wv Frame & Cover to Finished Grade EA 0 $ 877.00 $ - 10 Furnish/Install new PB #6 Frame/Cover & Adjust to Grade EA 0 $ 2,600.00 $ - 1 I Protection of Surface Utility Frames and Covers LS 0 $ 1,032.00 $ - 12 Traffic Loops Type E EA 0 $ 268.00 $ 13 Traffic Loops Type D EA 0 $ 279.00 $ - 14 Temporary Construction Sign EA 0 $ 1,200.00 $ 15 Striping (incl udin sandblasting of exist.) LS 0.030 $ 99,300.00 $ 2,961.00 TOTAL CONSTRUCTION COST $ 50;749.00 Design Engineering Contingency Construction Engineering 0% 10% 15% $ $ $ 5,000.00 8,000.00 - -TOTALPROJECTCOST r$ 63,700.00 Note: 1. Assume no work along the westerly shoulder between Glendon and SR -22 off -ramp (severe pavement deterioration) Note: 2. Found ?-Major angular cracks In front of 13072 Fairview NB; 2 -major cracks In front of SR -22 off -ramp S/B; and major cracks In lane #21n front of 13111 Fairview SB K'.1Dealgnl_ProJaM\ArUvaW4erla1 ImprovemenlsWlerial Street Slurry Seel (17-6881)lDxumenls EsgmatesTaIrvim from Segeratrom to NCL Esllmeta fw Garden Grove Judsdicam - Revi 20170602VGarden Grovo Cost 8/25/2017 20A-13 Exhibit B Location Map Fairview Street (Edna Drive to SR -22 Off Ramp) 20A-14 GARDEN GROVE BLVD 1 420' LONG x 80' WIDE I 320' LONG x 10' NIDE 2 CURB RAMPS AT GLENDON PL 1 CURB RAMP AT DOWNIE PL 1800' LONG x 10' WIDE SR -22 OFF RAMP CITY LIMIT LORI M GLENDON PL BERN LN 1 DOWNIE PLS gg LIQ of �la Oi Ui I BOLIVAR CIA RANCHERO TRASK AVALON CRY OF GARDEN GROVE LN -GARDEN GROVE HUCKLEBERRY RD PAVEMENTAREA SANTA ANA PROJECT 17-6881 STREET SLURRY O P WA O FROM SIEGERSTROM RVIEW TO NORTH CITYLLIMIT s .�. (GARDEN GROVE COOPERATIVE AGREEMENT) 20A-15 PAGE 1 OF 1 20A-16 CITY OF SANTA ANA EXHIBIT 3 PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE 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 I Unclassified Excavation 100 CY $ 33-00 $ b 300 2 Rubberized Emulsion Aggregate Slurry (REAS), Type 11 1,100 TN $ `7-1.oo C. 5 $ 63 yt10 3 Aspahlt Rubber Hot Mix (ARHM) * 3,200 TN $ 46.00 $ 3ai,z0o 4 Coldmill (2")* 244,900 SF S0, as $ 61,zz5 5 Crack Sealing 1 LS $ 51 Soo $ 57,300 6 Remove and Replace PCC Curb Ramp 11,200 SF $ 1 y $ S $ 166 32 1 7 Remove and Replace PCC Sidewalk * 1,500 SF $ lb -'i i $ 16,110 8 Adjust Manhole Frame & Cover to Finished Grade` 2 EA $ 115. o0 $ I S s o 9 Furnish and Install New Water Valve Frame & Cover to Finished Grade 6 EA $ S17.00 $ 5,262 10 Furnish and Install Pull Box #6 and Adjust to Grade 2 EA $ 6oO 1 $ 5 Z0 0 1 I Protection of Surface Utility Frames & Covers I LS $ 12 Install Traffic Loop Type E t 60 EA $ a P� $ 1610%o 13 Install Traffic Loop Type D 'j 22PEA$ a79,oU $6113 t.14 Temporary Construction Sign 4$ 1, ZU J $ y' S+o P -I ofP-16 20A-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE Item Description Qty Unit Unit Price Amount 15 Signing and Striping I LS $ 9'1,100 $ 9q 300 TOTAL BASE BID $ I,�85151 Add Alternate Bid 1 16 Install 4" Yellow Left Edge Line $ 1,139 7 Install 4" Solid White Right Edge Lineat a,TOTAL ADD A MALT. $ o, ooTOTAL (BASE B9taq 7 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. I This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,500 per calendar day. Name of Firm All American As Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firth or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 20A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Signature of BIDDER Title Edward J. 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.) P-3 of P-16 20A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Business Address: 400 East Sixth Street; Corona, CA 92879 Business E -Mail Address: publicworks@allamericanasphalt.com Telephone: (951) 736-7600 State Contractor's License No. and Class: 267073 Class: A, C-12 License Expiration Date: 01/31/2018 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/18 Signed: Title: Edward J. Carlson, Vice President P-4 of P-16 20A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson, Vice President (if an individual, so state) P-5 of P-16 20A-21 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 cont act, for it self or any other person. Signa Ire of Bidder Edward J. Carlson, Vice President Subscribed and sworn to before me this Signature of officer Administering Oath (Notary day of 20 a+la�oh- �� Gali�m�a�Jut� P-6 of P-16 20A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTYOFORANGE )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 designatedas: 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.. All American Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed cont act, for it self or any other person. Signa Ire of Bidder Edward J. Carlson, Vice President Subscribed and sworn to before me this Signature of officer Administering Oath (Notary day of 20 a+la�oh- �� Gali�m�a�Jut� P-6 of P-16 20A-22 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 n z Commission f 2172984 My Comm. E>t Iroa Nov 20, 2020. Subscribed and sworn to (or affirmed) before me on this 1711 day of August. 2017 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) of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature v�"r Placa Notary Seal Above Signature V olary Vubtic 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: 8-17-2017 Number of Pages: 1 Signer(s) Other Than Named Above: None 20A-23 Bond No. 08597423 CITY OF SANTA ANA Bid Date: 08/22/2017 PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE 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 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 10th day of August 2017, , BIDDER* SURETY* Rebecca Haas -Bates, Attorney -in -Fac Subscribed and sworn to before me , 20_. Signature: Notary Public in and for the County of *"Please See Attached" , State of (21 this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 20A-24 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. accuracv. or validity of that document. State of California County of Riverside On August 17, 2017 before me, Courtney Charas Notary Public Date Here Insert name and Title of the officer personally appeared Edward J. Carlson Name(s) of Signer(s) icommCOURTNEY CHAPAS Notary Public - California z: a .,; Riverside County i ission # 2172984 My comm. Expires Nov 20.2020 who proved to me on the basis of satisfactory evidence to be the person(r) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheNhey executed the same in his/heOtheir authorized capacity(ies), and that by his/he4their signature(&) 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 Callfdrnia that the forgoing paragraph is true and correct. WITNESS my hand and official seal Signature N' Place Notary Seal Above Slgnatu of Notary Public OPTIONAL Though the Information below is not required by law, It may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: August 10. 2017 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President o Partner C. o Limited in General ❑ Attorney in Fact alm ❑ Trustee Top of thumb here o Other: Signer is Name: XCorporr Officer —Tille(s): ❑ Partner n o Llited o General ❑ Attorney in Fa ❑ Trustee • Other: 20A-25 is Top of thumb here CALIFORMIA POSE ACKNOWLEDGMEWT CIVIL CODE § 1189 I-+ oeeA 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 08/10/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*,of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name(5). War, - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfherRheir authorized capacity, and that by his(her/their signature4on the instrument the person(s),. or the entity upon behalf of which the persons) acted, executed the instrument. ®RR Notary Publio-California Orange County Commission &2188592 .3j�+,timm My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public 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: 08/10/2017 Number of Pages: One(l) 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 RAttorney 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: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 20A-26 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 attomeys-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 I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the %,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 Atlomey...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 10th 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 TESTIMON WHERE F, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of Aln . 207 031- � ,(%j/ , �(j/�)�' 'lr✓L_k' D - Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 20A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name I fo > License wisxp. 0 19 DIR Reg. #/Exp. I nnopo -1-11 y _ lunc3n a01R Location Phone Z 14 Type Of Work C nclr.sr ln9}I nr Amount$ RI Soo Name CO, License #/Exp. L 5 DIR Reg. #/Exp, lamool��-3 -,)iw, - 591zolF License # L 5 4 Il Location mot ,r CR - Phone 'I q Z-1 �r Type Of Work Amount $ II 64n Name S.2r p_ tno rl.,' License ##//E, P. �tzo6 - 04�i11 DIR Reg. #/Exp. _l000r,nIuA ,-Juneiol�c�l� License # -1-161ne Location Phone jtU-cqS-A Type Of Work 51 t ,� Amount$ 5gl111g Name 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 $ Sign ture of B' der Edward J. Carlson, Vice President P-8 ofP-16 20A-28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Riverside 3900 Main Street Riverside, CA 92501 Name and Address of Owner. Steve Howard, (951) 826-5706 Name and Telephone Number of person familiar with project. $4,118,460.00 Arterial Streets 03/2016 Contract Amount Type of Work Date Completed 2. City of Rancho Santa Margarita 2212 EI Paseo, Rancho Santa Margarita, CA 92688 Name and Address of owner. Max Maximous, (949) 635-1800 Name and Telephone Number of person familiar with project. $233,913.90 Residential Overlay 09/2016 Contract Amount Type of Work Date Completed 3. City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Name and Address of owner. Kimberly Young, (909) 839-7044 Name and Telephone Number of person familiar with project. $1,939,000.00 Beautification Pr( Contract Amount Type of Work 05/2016 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. Owen M. Brown Insurance Fidelity and Deposit Company of Maryland Millennium Corporate Solutions 777 S Figueroa St # 3900 5530 Trabuco Rd Los Angeles, CA 90017 Irvine, CA 92620 Phone # (213) 270-0600 Phone # (949) 679-7226 P-9 of P-16 20A-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Bell 6330 Pine Avenu, Bell, CA 90201 Name and Address of Owner. Dahl Kim, (323) 923-2628 Name and Telephone $643,000.00 Contract Amount or person tamnrar with project. Avenue Overlay Type of Work 2. City of Victorville 14343 Civic Drive, Victorville, CA 92392 09/2016 Date Completed Name and Address of owner. Bruce Miller, (760) 269-0045 Name and Telephone Number of person familiar with project. $2,611,215.00 Road Reconstruction 07/2016 Contract Amount Type of Work Date Completed 3, City of Perris 101 N. D Street, Perris, CA 92570 Name and Address of owner, Brad Brophy,(951)943-6504 Name and Telephone Nun $545,660.00 Contract Amount of person familiar with project. Street Improvements Type of Work 07/2016 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 Owen M. Brown InsuranceMillennium Corporate Solutions 777 S. Figueroa St # 3900 5530 Trabuco Rd Los Angeles, CA 90017 Irvine, CA 92620 Phone # (213) 270-0600 Phone # (949) 857-4500 P-10 of P-16 20A-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed dward J.,Carlson, Vice President State of California County of Subscribed and sworn to(o� ed) before me on this day of 20_ , by prove me on the basis of ati�sf`actory evidence to be the person(s) who appeared before me {�e Qf(I�BW , ►�omb)Jurat� Notary Public Signature Notary Public Seal P - Il of P-16 20A-31 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 z Riverside County g Commission # 2172984 _ la Subscribed and sworn to (or affirmed) before me on this 171h day of August 2017 . 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 Place Notary Seal Above Sig t ture of Ttaq 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 Noncollusion Affidavit Document Date: 8-17-2017 Number of Pages: 1 Signers) Other Than Named Above: 20A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE 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 involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 20A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 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: All American Date: August 1& 2017 P-13 of P-16 20A-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 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 Ap renticeship Council. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: August PV0+ 2017 P-14 of P-16 20A-35 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. / Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: August (8t'" 2017 P-15 of P-16 20A-36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6881 FAIRVIEW STREET PAVEMENT MAINTENANCE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P-16 of P-16 20A-37 20A-38 CITY OF SANTA ANA EXHIBIT 4 CONSTRUCTION CONTRACT PROJECT NO. 17-6881: FAIRVIEW STREET PAVEMENT IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 3rd day of October, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and'to the satisfaction of the City Engineer of the CITY, the Fairview Street Pavement Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices 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 One Million Three Hundred Eighty -Nine Thousand Two Hundred Ninety -Seven Dollars ($1,389;29700), 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. mv.12/20/2016 20A-39 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. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H 20A-40 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA KURTZ Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney All American Asphalt By; JOUN FUNK EDWARD J. CARLSON Assistant City Attorney Vice President RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 20A-41 Page 3 of 3 20A-42 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17=6881: FAIRVIEW STREET PAVEMENT MAINTENANCE Construction Contract $ 1,389;297-A0_ Contract Administration $ 101,712.00 inspection and Testing $ 106,682.00 Contingencies $ '-216009:00 TOTAL ESTIMATED CONSTRUCTION COSTS $ _ 1,813,700.00 EXHIBIT 4 20A-43 20A-44