Pedestrian Improvements.pdf

CITY OF SANTA ANA

TABLE OF CONTENTS

PROJECT NO.: 22-6996

PEDESTRIAN IMPROVEMENTS

rev. 01/12/2024 i

SECTION / ITEM PAGE

ADVERTISEMENT

Notice Inviting Bids ....................................................................................................................... iv

Map of City Hall ........................................................................................................................... vii

INSTRUCTIONS TO BIDDERS

Instructions to Bidders for Proposal Submission ......................................................................... viii Special Instructions to Bidders for Federally Funded Projects .................................................... xiii

PROPOSAL

Bid Proposal ................................................................................................................................. P-1

Bidder’s Statement ....................................................................................................................... P-3

Contractor’s Licensing and Registration Statement .................................................................... P-4

Prevailing Wage Compliance and Monitoring Statement............................................................ P-5

Ownership Affidavit .................................................................................................................... P-6

Bid Bond ...................................................................................................................................... P-7

List of Sub-Contractors ................................................................................................................ P-8

References .................................................................................................................................... P-9

Additional References ................................................................................................................ P-10

Non-Collusion Affidavit ............................................................................................................ P-11

Non-Discrimination Certificate ................................................................................................. P-12

Statement Regarding Apprenticeship Requirements ................................................................. P-14

Statement Regarding “Anti-Kickback” Requirements .............................................................. P-15

Fleet Compliance Certification .................................................................................................. P-16

Public Contract Code Section 10162 Questionnaire .................................................................. P-17

Statement Regarding Community Workforce Agreement (CWA) Requirements ..................... P-18

SPECIFICATIONS

Part 1 - General Provisions

Section 1 - General

Section 2 - Scope of the Work

Section 3 - Control of the Work

Section 4 - Control of Materials

Section 5 - Legal Relations and Responsibilities

Section 6 - Prosecutionand Progress of the Work

Section 7 - Measurement and Payment

Section 8 - Facilities for City Personnel ..................................................................................... Not Used

Section 9 - Claims Resolution Procedures

Part 4 - Existing Improvements

Section 402 - Utilities

Part 6 - Temporary Traffic Control Section 600 - Access ii

Section 601 - Temporary Traffic Control for Construction and Maintenance Work Zones

1.00 Special Provisions - Construction

1.01 Relative Compaction Tests

1.02 Clearing and Grubbing ................................................................................................... (Not Used)

1.03 Unclassified Excavation

1.04 Subgrade Preparation

1.05 Cold Milling ................................................................................................................... (Not Used)

1.06 Slurry Seal Surfacing ..................................................................................................... (Not Used)

1.07 Asphalt Concrete

1.08 Pavement Fabric ............................................................................................................. (Not Used)

Asphalt Rubber Hot Mix (ARHM) ................................................................................ (Not Used)

1.09 35

1.10 Crack Repair and Patching ............................................................................................. (Not Used)

1.11 Portland Cement Concrete (PCC)

1.12 Concrete Curbs, Gutters, Walks, Ramps, Driveway Approaches, Alley Aprons, and Cross Gutters

1.13 Portland Cement Concrete (PCC) Grinding .................................................................. (Not Used)

1.14 Portland Cement Concrete (PCC) Pavement Construction ........................................... (Not Used)

1.15 Landscaping and Irrigation Repair ................................................................................. (Not Used)

1.16 Root Shaving .................................................................................................................. (Not used)

1.17 Adjustment of Surface Utilities to Grade ....................................................................... (Not Used)

1.18 Pulverize & Cement-Treat Existing Asphalt Concrete, Base, and Subgrade ................ (Not Used)

1.19 Remove Excess Pulverized Material ............................................................................. (Not Used)

1.20 Cold In-Place Recycling (CIR) / Cold Central Plant Recycling (CCPR) ...................... (Not Used)

1.21 Cold In-Place Recycling Expanded Asphalt Mix (CIREAM) ....................................... (Not Used)

1.22 Asphalt-Rubber Cape Seal ............................................................................................. (Not Used) iii

2.00 Special Provisions - Traffic CHANNELIZATION

2.01 Scope of Work

2.02 Striping (Traffic Stripes and Pavement Markings)

2.03 Signs (Roadside Signs) and Markers

3.00 Special Provisions - Traffic Control

3.01 General

3.02 Project Phasing and Lane Requirements

3.03 Advanced Warning Signs

3.04 Traffic Control Plan Preparation and Submittal

3.05 Payment

4.00 Special Provisions - Traffic Signal Systems ...................................................... (Not Used)

5.00 Special Provisions - Irrigation, Landscaping, & Maintenance Period ............ (Not Used)

6.00 Special Provisions - Sanitary Sewer Improvements ......................................... (Not Used)

7.00 Special Provisions - Water Main Improvements .............................................. (Not Used)

8.00 Special Provisions - Storm Drain Construction ................................................ (Not Used)

9.00 Special Provisions – Street Lighting System ..................................................... (Not Used)

10.00 Special Provisions - Bridge Construction ......................................................... (Not Used)

11.00 Special Provisions - Miscellaneous Construction ............................................. (Not Used)

APPENDIX

A Definition of Bid Items

B Construction Contract Agreement C Bonds

D Certificate of Insurance

E Construction Signage and Notices

F Standard Plans

G Bid Protest Fee Payment Form

H Republic Trash Service Map

I Community Workforce Agreement (CWA)

J Wheelchair Ramps List & Maps

INSTRUCTIONS TO BIDDERS

iv

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via

PlanetBids on or before 2:00 pm, October 7, 2026. No late bids will be accepted. No other method of bid submittal will be accepted for:

PROJECT NO.: 22-6996

PEDESTRIAN IMPROVEMENTS

All Plans and Specifications are available on PlanetBids.

For further information on how to register as a vendor refer to:

https://www.santa-ana.org/vendor-registration/

Do not call Purchasing Division regarding Public Works Agency projects.

Scope of Work: Construct new wheelchair ramps including; removal & replacement of Asphalt

Concrete (AC) pavement (HMA), Portland Cement Concrete (PCC) sidewalks, curb & gutter, curb ramps, and signage and striping.

Project Deadline: Contractor shall comply with the grant agreement (APPENDIX B) at all times and Construction shall be completed in accordance with the number of “Working Days”.

Contractor must be capable of completing the project on schedule and weekend work may be required subject to the City’s discretion.

Pre-Bid Job Meeting: There will not be a Pre-Bid Job Meeting.

Contractor’s License Requirements: From the time of City Council contract award until work completion, the Contractor shall possess a valid California Class “A” Contractor’s license. All sub-contractors shall be properly licensed for their respective trades.

Public Works Construction Permit: The Contractor will be required to obtain a Public Works

Construction Permit (refer to Section 2-2a, Construction Permit, of these Special Provisions). The required deposit for this permit shall be as described in the Bid Proposal.

Bid Proposal Guaranty:

o A scanned copy of the Bid Proposal Guaranty shall be uploaded to PlanetBids along with project bid. Bid Proposal Guaranty shall be in the form of a cashier’s or certified check payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in an amount not less than ten percent (10%) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized.

https://www.santa-ana.org/vendor-registration/ v o In addition to electronic Bid submittals, Bidders shall deliver an original hard copy of the Bid Proposal Guaranty. For further instructions regarding original Bid Proposal Guaranty submittal, refer to PlanetBids. Hard copies of bid/proposal documents must now be submitted in the PWA drop-box located on the 1st floor, no one will be allowed to enter 3rd or 4th floors to submit documents.

Failure to provide required documents with Bid may cause the bid to be deemed non-responsive.

COMMUNITY WORKFORCE AGREEMENT

For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a prime multi-trade construction contract. The CWA is 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 is incorporated by reference in the Construction Contract. A copy of the CWA may be found in Appendix I.

CALIFORNIA LABOR CODE

This project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code.

In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request.

A Contractor and any subcontractor must be registered with the Department of Industrial Relations prior to submitting a bid or otherwise have the ability to be registered prior to contract award per Section 10164 or 20103.5 of the California Business and Professions Code. “A contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the California Business and Professions Code or by Section 10164 or 20103.5 of the California Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Information about registration can be found on the Department of Industrial Relations website at http://www.dir.ca.gov/public-works/publicworks.html vii

MAP OF CITY HALL

The bid document drop box is located opposite the Public Works Development Services Counter in the Ross Annex.

viii

INSTRUCTIONS TO BIDDERS FOR PROPOSAL SUBMISSION

INTENT OF PROPOSAL

The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents.

PROPOSAL

The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents:

1. Bid Proposal

2. Bidder’s Statement

3. Contractor’s Licensing and Registration Statement

4. Prevailing Wage Compliance and Monitoring Statement

5. Ownership Affidavit

6. Bid Bond

7. List of Sub-Contractors

8. References

9. Additional References

10. Non-Collusion Affidavit

11. Non-Discrimination Certificate

12. Statement Regarding Apprenticeship Requirements

13. Statement Regarding “Anti-Kickback” Requirements

14. Fleet Compliance Certification

15. Public Contract Code Section 10162 Questionnaire

16. Statement Regarding Community Workforce Agreement (CWA) Requirements

17. Baseline Construction Schedule

-Contractor shall include a baseline construction schedule with their bid submission that outlines all major construction activities and milestones associated with the Project.

The Proposal may be considered non-responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids. It is the BIDDER’S responsibility to ensure submittal of their Proposal on PlanetBids.

CALIFORNIA STATE LABOR CODE

As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1.

BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 1771.4.a.2, Contractors are required to post job site notices, as prescribed by regulation.

EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE

BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed.

ix

DISCREPANCIES AND MISUNDERSTANDINGS

No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals.

REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS

Requests for interpretation must be submitted online through the PlanetBids Q&A section. Any interpretation or correction of the documents will be made only by an Addendum.

ADDENDA

All addenda issued during the open bid advertisement period will be posted on PlanetBids and shall become part of the Contract Documents. Before submitting a Proposal, each BIDDER is responsible to acknowledge the issuance of addenda via PlanetBids.

WITHDRAWAL OF PROPOSAL

A Proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY’S Public Works Agency Executive Director prior to the bid-opening hour stipulated in the Notice Inviting Bids.

BID PROTEST

Bid protests must be submitted in writing to the Executive Director of the Public Works Agency, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 4:00 p.m. of the 5th business day following bid opening (“Bid Protest Deadline”). A business day means a day on which the City is open for normal business and excludes weekends and holidays. Bid protests sent via U.S. mail or overnight carrier must be received by the AGENCY by the date and time limits described above in order to be deemed timely. Hand delivered protests must be provided during regular business hours to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. Subsequent responses from the protesting and protested bidder can be submitted by email. Bid protests must comply with the following:

a. Bid Protest Fee. Any potential protest shall be required to submit the Bid Protest Fee Payment Form (Appendix G) and include the payment of a nonrefundable fee by the protesting bidder at the time of submittal. The fee will cover the administrative costs of processing the bid protest consistent with the Santa Ana Municipal Code relating to administrative appeals (SAMC Section 3-3.) This fee shall be in the amount of $1,354

b. General. Only a bidder who has submitted a bid proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

c. Contents of Protest. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted by the protesting bidder after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion of the Contract Documents upon which the protest is based. The protest must include x the name, address, e-mail address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

d. Copy to Protested Bidder. By or before the Bid Protest Deadline, the party submitting the bid protest shall concurrently transmit a copy of the bid protest document to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.

e. Response to Protest. The protested bidder may submit a written Response to the Bid Protest within two business days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (“Response Deadline”). The Response to the Bid Protest must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The Response to the Bid Protest must contain the name, address, e-mail address, and telephone number of the persons representing the protested bidder if different from the protested bidder.

f. Copy to Protesting Bidder. A copy of the Response to the Bid Protest and all supporting documents must be concurrently transmitted by the protested bidder to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

g. No Hearing on Bid Protests based on Non-Responsiveness. No hearing shall be required for bid protests based on lack of responsiveness.

h. Exclusive Remedy. The procedures and time limits set forth above are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. Protesting and protested bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including without limitation filing a claim under the California Government Code or the initiation of legal proceedings.

i. Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the project notwithstanding any pending or continuing challenge to its determination.

j. Decision on Protest. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties.

BID PROPOSAL

The definitions for Bid Items that are identified in the Bid Proposal form are provided in Appendix A.

The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly.

In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or xi is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder’s intention. Proposals in which the prices are obviously unbalanced may be rejected.

If a Bid contains discrepancies that make it difficult or impossible to determine the bidder’s intention, then such Bid may be considered unresponsive, in which case the bid may be rejected.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES

The time for completion of this project, and the liquidated damages amount when/if the time for completion is exceeded, is included in the Bid Proposal Section of these Contract Documents.

BIDDERS STATEMENT

In accordance with Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to the public agency unless his or her contractor’s license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any bid not containing this information or a bid containing information, which is subsequently false, shall be considered non-responsive and shall be rejected by the public agency. Format for these statements are included in the Bid Proposal section of these Contract Documents.

In accordance with the Section 3300 of the California Public Contract Code, the Agency has determined that the BIDDER shall possess a license in the classification specified in the Notice Inviting Bids.

OWNERSHIP AFFIDAVIT

An Ownership Affidavit is required to be completed and submitted with the Bid Proposal. A form is provided in the Bid Proposal section of these Contract Documents.

PROPOSAL GUARANTY

Each bid shall be accompanied by a Proposal Guaranty as instructed in the Notice Inviting Bids AND PlanetBids. A sample Bid Bond is included in the Bid Proposal Section of these Contract Documents.

LIST OF SUB-CONTRACTORS

The State of California Public Contract Code requires listing of all subcontractors who intend to perform work which is ½ % of the bid or $10,000 (streets, highways and bridge projects), whichever is greater, or ½ % of the bid (buildings, parks, or other projects). A form for this information is provided in the Bid Proposal section of these Contract Documents.

REFERENCES/ADDITIONAL REFERENCES

BIDDER shall include a list of three public agencies for which BIDDER has performed similar work within past three (3) years, and three public agencies for which BIDDER and/or his Subcontractor has performed similar work within the past five (5) years. A form for this information is provided in the Bid Proposal section of these Contract Documents.

NON-COLLUSION AFFIDAVIT

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the AGENCY shall require all bidders to execute and submit a non-collusion affidavit with the Bid xii

Proposal. A copy of the Non-Collusion Affidavit is provided in the Bid Proposal section of these Contract Documents.

NON-DISCRIMINATION CERTIFICATE

Attention is directed to Section 1735 of the California Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows:

“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter.”

A copy of the Certification of Nondiscrimination by Contractors is provided in the Bid Proposal section of these Contract Documents.

STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS

Bidders shall be familiar with the requirements of Section 1777.5 of the California State Labor Code regarding employment of apprentices and shall submit a Statement Regarding Apprenticeship Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents.

STATEMENT REGARDING “ANTI-KICK-BACK” REQUIREMENTS

Bidders shall be familiar with, and shall agree to comply with, the Copeland “Anti-Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3), and shall submit a Statement Regarding “Anti-Kickback” Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents.

FLEET COMPLIANCE CERTIFICATION

The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (CRC) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

CONSTRUCTION CONTRACT AGREEMENT, BONDS & INSURANCE

The Construction Contract Agreement, Sample Bonds and Insurance Requirements are all included as appendices in the project Contract Documents.

Following authorization by City Council to award a Construction Contract, written notification will be given by the AGENCY to the successful BIDDER who will, within ten (10) business days, submit to the Agency the completed and signed Construction Contract Agreement, a Performance Bond, a Payment Bond, and evidence of Worker’s Compensation Insurance.

Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee.

xiii

No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY.

After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Construction Contract Agreement.

RETURN OF PROPOSAL GUARANTIES

Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited.

PROPOSAL

P-1 of P-18

BID PROPOSAL

TO: CITY COUNCIL OF THE CITY OF SANTA ANA

FROM:

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:

Item Description Qty Unit Unit Price Amount

1 Remove and Construct PCC Sidewalk (T=4”)*

700 SF $ $

2 Remove and Construct PCC Curb Ramp (Caltrans STD No. A88A), Including Detectable Warning Surface (“Dark Gray”)*

2,800 SF $ $

3 Remove and Construct PCC Curb and Gutter (Type A-2-6 and/or Match Existing)*

LF $ $

4 Asphalt Concrete (AC) Pavement (HMA)* 11 TN

5 Remove R1-1 Signs & Posts (4) & Install New R-1 Signs and Posts (4)

8 EA $ $

6 Remove Stop Legends (4) & Install New Thermoplastic Stop Legends (4)

8 EA $ $

7 Remove Stop Bars (4) & Install New 12” Thermoplastic Stop Bars (4)

8 EA $ $

8 Construction Permit 1 LS $5,000 $

TOTAL BASE BID (Items 1-8) $

ADD ALTERNATE BID

Item Description Qty Unit Unit Price Amount

9 Remove and Construct PCC Sidewalk (T=4”)*

500 SF $ $

P-2 of P-18

Item Description Qty Unit Unit Price Amount

10 Remove and Construct PCC Curb Ramp (Caltrans STD No. A88A), Including Detectable Warning Surface (“Dark Gray”)*

2,000 SF $ $

11 Remove and Construct PCC Curb and Gutter (Type A-2-6 and/or Match Existing)*

300 LF $ $

12 Asphalt Concrete (AC) Pavement (HMA)* 11 TN

13 Remove R1-1 Signs & Posts (4) & Install New R-1 Signs and Posts (4)

8 EA $ $

14 Remove Stop Legends (4) & Install New Thermoplastic Stop Legends (4)

8 EA $ $

15 Remove Stop Bars (4) & Install New 12” Thermoplastic Stop Bars (4)

8 EA $ $

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 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly.

† This bid item is considered a Specialty Item per Section 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 twenty (20) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,600 per calendar day.

Name of Firm

Signature of BIDDER

Title (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-18

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

Signature of BIDDER

Title (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.)

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CONTRACTOR’S LICENSING AND REGISTRATION STATEMENT

The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.

Contractor’s Name:

Business Address:

Business E-Mail Address:

Telephone:

State Contractor’s License No. and Class:

License Expiration Date:

State Dept. of Industrial Relations (DIR) Registration No.:

State Dept. of Industrial Relations (DIR) Registration Expiration Date:

Signed:

Title:

P-5 of P-18

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 BIDDER

Title (if an individual, so state)

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OWNERSHIP AFFIDAVIT

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS:

CITY OF SANTA ANA )

, being duly sworn, deposes and says:

INDIVIDUAL That he/she is the party making the foregoing proposal:

PARTNERSHIP That he/she is a member of the co-partnership firm designated as:

and who has been and is duly vested with the authority to make and execute instruments for the co-partnership by:

who constitute the other members of the co-partnership.

CORPORATION That he is of:

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 contract, for himself or any other person.

Signature of Bidder

Subscribed and sworn to before me this day of 20

Signature of officer Administering Oath (Notary Public)

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BID BOND

KNOW ALL PRESENT that, , as BIDDER, and , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Dollars ($ ), 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 _ day of , 20 .

BIDDER*

SURETY*

Subscribed and sworn to before me this day of , 20 .

Signature:

Notary Public in and for the County of , State of

* Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.

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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: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% 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 Name License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

Location Location Phone Phone Type Of Work Type Of Work Amount $ Amount $

Name Name License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License # Location Location Phone Phone

Name Name License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License # Location Location Phone Phone

Signature of Bidder

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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.

Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2.

Name and Address of owner.

3.

The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

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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.

Name and Address of Owner.

2.

3.

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NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed

State of California County of __________

Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me

Notary Public Signature Notary Public Seal

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NON-DISCRIMINATION CERTIFICATE

The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

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7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

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STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS

The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:

1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.

3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.

Signed:

Title:

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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:

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FLEET COMPLIANCE CERTIFICATION

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

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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.

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STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)

REQUIREMENTS

This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023.

The undersigned BIDDER hereby agrees to comply with all terms and conditions of the…