Garden Grove City Council
June 14, 2022

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DECLARATION OF STEVE MENDOZA
I, STEVEN L. MENDOZA, hereby declare as follows:

1. I am an employee of R.J. Noble Co, ("R.J. Noble'1), and am over the age of 18 years old. I am the Chief Estimator for R.J. Noble. I make this declaration in support ofR.J. Noble's Notice of Appeal to the City of Garden Grove as a result of the decision to award All Amel'ican 7 8
Asphalt ('
4 AAA") the "Various Streets Rehabilitation 2022;, project ('4the Project") on, or about May 9 11, 2022. I have personal knowledge of the facts set forth in this declaration. and if called upon to testify, I could do so competently to the matters asserted herein. 10 11
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16 2. I drove Brandon Speirs to submit R.J. Noble
1 s bid for the Project to the back door of
Garden Grove City Hall, located at 11222 Acacia Parkway, Garden Grove, California, in a sealed envelope before 11 :00 a.m. on May 11, 2022.

3. I remained on the premises in the parking lot, with my colleague Brandon Spiers. after he submitted the bid in order to watch the live streamed opening of the bids for the Project by the Gard.en Grove City Engineer, Navin Maru.
17 18 4. While sitting in the parking lot, I observed the AAA runner in the parking lot located 19 at 12860 Acacia Parkway, Garden Grove, California. I further observed the AAA runner placing 20 documents in an envelope at, or about, 11 :00 a.m., and then handing an unsealed package to another 21 woman.
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s. I then witnessed the woman who received the unsealed envelope from the AAA runner use a keypad to enter the building where bids were to be opened. She did not enter the 24 25
building until 11:02 a.m.
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DECURATION OF STEVE MENDOZA

1 I declare under penalty of perjury that the foregoing is true and correct. Executed this 2 nineteenth day of May 2022, at Orange, California.
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DATED: May 19, 2022
Steven L. nd
R.J. N:.~.
2 b[CLARATlON OF Sl'F.VI!: MENDOZA

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DECLARATION OF BRANDON SPIERS
I, BRANDON SPIERS, hereby declare:

1. 1 am an employee of R.J. Noble Co. ("RJ. Noble"), and am over the age of 18 years 5 old, I am an estimator with R.J. Noble. I make this declaration in support of R.J. Noble's Notice of 6 Appeal to the City of Garden Grove as a result of the decision to award All American Asphalt 7 ("AAA") the
1 ;Various Streets Rehabilitation 2022" project {"the Project") on, or about May l l, 8 2022. I have personal knowledge of the facts set forth in this declaration, and if called upon to 9 testify, I could do so competently to the matters asserted herein. 10 11

2. I submitted R.J. Noble's bid for the Project to the back door of Garden Grove City Hall, located at 11222 Acacia Parkway. Garden Grove, California, in a sealed envelope before 11 :00 12 13 14
a.m. on May 11, 2022.

3. I remained on the premises in the parking lot, with my colleague Steve Mendoza, in 15 order to watch the live streamed opening of the bids for the Project by the Garden Grove City 16 Engineer, Navin Maru.
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4. While sitting in the parking lot, I observed the AAA runner in the parking lot located at 12860 Acacia Parkway. Garden Grove, California. I :further observed the AAA runner placing documents in an envelope at. or about, 11 :00 a.m., and then handing an unsealed package to another woman.

5. I then witnessed the woman who received the unsealed envelope from the AAA 23 runner use a keypad to enter the building where bids were to be opened. She did not enter the 24 building until 11 :02 a.m.
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28 bt:CLARA TION OF BRANDON SPIERS

1 I declare under penalty of perjury that the foregoing is true and correct. Executed this 2 nineteenth clay of May 2022, at Orange, California.
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DATED: May 19, 2022 ~=rs __ --. ____ _
R.J. Noble Co.

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2 DECLi\RA110N OF BRANDON SPIERS

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EXHIBIT A

CITY OF GARDEN GROVE

NOTICE INVITING SEALED BIDS FOR
VARIOUS STREETS REHABILITATION 2022 PROJECT
Notice is hereby given that sealed bids to provide labor, material, tools, equipment and transportation, and perform all the work for "VARIOUS STREETS REHABILITATION 2022•• will be re~lved at the City Cle11<.'s Office, City Hall, City of Garden Grove, 11222 Acacia Parkway, Garden Grove, CA 92840.

Various streets include Newland street from Trask Avenue to Garden Grove Boulevard; Mays Avenue from Yockey Street to Magnolia street; Hazard Avenue from Bushard Street to Ward Street; McFadden Avenue from Ward Street to 600' East; Chapman Avenue from Nelson street to Ninth Street and Lampson Avenue from Harbor Boulevard to Haster Street The following is e partial listing of work items: Clearing and Grubbing, Roadway Excavation, Removing and Reconstructing Falled Pavement Areas, Asphalt Paving, Type II Slurry Seal with Fiber Reinforcement, Asphalt Rubber Aggregate Membrane (ARAM), FR-ARHM, RHMA-G, ARHM and AC Surface Course, Replacement of PCC Curb and Gutter, Cron Gutter, Spandrel, Splash Pad, Drive Approach, Alley Apron, Sldewalk, Bus Pad and Wheel Chair Rarnps, Adjustment of Utility Covers to Finish Grade, Fabco CPS Screen with Bypass Lid, CCTV Cameras, Installation of Traffic Striping, Slgning, Pavement Marking and Markers, Reestablishment of Centerline Ties and Monuments, Other Items not mentioned above that are required by the Plans and Specifications.

The Garden Grove City Hall lobby is temporarily closed for construction. Plans, specifications and contract document& can be obtained upon payment of a fee of One Hundred dollars {$100) for each electronic set of plans and specifications. Please email [email protected] or contact the Engineering Division during normal business hours at (714) 741-5192 for payment information. This fee Is not refundable.

Bidders can ha net deliver their bid proposals at the back door of the City Hall prior to or by the deadl!ne. When hand delivering bids, call the City Clerk's Office at 714-741-5040 when you have arrived. The bid opening will be teleconferenced; teleconferencing information wlll be made available at least 7 days ahead of the bid opening date.

Bids are due in the City Clerk's Office by 11 :00 •+m• on Wadljasday •. Mtf'.111 2022. end will be opened in CQnferenae Room 1-South, first floor, in 'City Hatl. '
Direct ANY and ALL questions to Navin Maru at{714) 741-5180 or Nick Hsieh, (714) 741-6190.

Isl Teresa Pomeroy
City Clerk
Date Submitted: Aprfl 12, 2022
Publication Dates: Aprll 15, 2022 and April 22, 2022

SECTION 1 -NOTICE TO CONTRACTORS (Continued)
B • ADVERTISEMENT FOR BIDS

1. Sealed Bids, marked
11 VARJOUS STREETS REHABILITATION 2022" will be received by the City Clerk in the City Hall, 11222 Acacia Parkway, Garden Grove, Cafifomia until 11:00 a.m .. on Wednesday. May 11, 2022. at which time they will be publicly opened in the 1-South Conference Room in City Hall (1st floor).
lhe Garden Grove City Hall lobby Is temporarily closed for construcUon. Bidders can hand delivered their bid proposals at the back door of the Cfty Hall prior to or by the deadline-. The bid opening wlll be teleconferenced; teleconferencing Information wlll be made available at least 7 days ahead of the bid opening date. 2, Plans, specrflcatlons and contract document& can be obtained upon payment of a fee of One Hundred dollars ($100) for each electronic set of plans and specifications. Please email your request to [email protected] or contact Engineering Division during normal business hours at (714) 741-5192 for payment Information. This fee Is not refundable.

3. In conformance with Section 37931 of the Govemment Code, all bids shall be presented under sealed cover on the proposal form provided and accompanied by one of the following forms of bidder's security:
a. Cash.
b. Cashier's check made payable to the City of Garden Grove. e. A certified check made payable to the City of Garden Grove. d. A bidder's bond executed by an admitted surety insurer, prepared on the forms provided and made payable to the City of Garden Grove.

4. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall net be considered unless one of the forms of bidder's security is enclosed with It.

5. A Surety Bond for payment of Labor and Material in the amount Of 100 percent of the estimated total contract price and Faithful Performance Bond in the amount of 100 percent of the total contract price, both prepared on the forms provided, will be required at the time of signing the contract agreement.

6. Attention is directed to Section 3--1.01 of the Standard Specifications regarding the .rward of contract to the lowest responsible bidder.

The City reserves the right to reject the bid of any or all Bidders for any reason and to waive any lnformallty or lrregularlty rn the bids received. The City also reserves the right to withdraw this lnvlta,tlon for Bids at any time for any reason without prior notice and the City makes no representations that the contract will be awarded to any Bidder responding to this Invitation for Bids.

The City also reserves the right to determine whether a Bidder is a responsible Bidder based on the Bidder"s trustworthiness, quality, fitness, capacity, experience, and abUlty ta perform as required under this Invitation for Bids, Any Bidder, or any officer of such Bidder, or an employee of such Bidder who has a proprietary intentSt in such Bidder, who has been dlsquallfled, removed, or otMrwlse prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation, may be detennined to be a non-responsible Bidder.

SECTION 1 -NOTICE TO CONTRACTORS (Continued)
A designae or deslgnees of the Publlc Works Director shall perfonn the evaluation of a Bidder"s responsibility_ When the Public Works Dlrector 1 s deslgnee determines that a
Bidder is disqualified as non-responsible, the Public Works Director's duignee shall mail to the affected Bidder the dlaquallflcatfon determination, the basis for the determination, and any supporting evidence that the Public Works Director's deslgnee received or relied on relating to such determination.

Any Bidder, who disagrees or disputes the non-responsible determlnauon. may appeal such rating or detennination. Such appuF may only be taken by fltfng a written notice of appeal with the City Manager within five working days after the Public Works Director"s designee has mailed notice of the rating or determination. Within five working days of the receipt of an appeal, the City Manager, or a designee of the City Manager who has not been involved in the evaluation of quallflcations of untractors far the subject project. shall conduct a hearing on the appeal. Curing the hearing, the affected Bidder shall have the opportunity to rebut any evidence used as a basis for the non-responsible determination and to present evidence to the City Manager or the City Manager's deslgnee hearing the appeal as to why the Bidder should be found responslble. Within fJVa working days of the conclusion of the hearing, the City Manager or the General Manager's deslgnee hearing the appeal shall i&sue a written dectsJon on the appeal and such decision shall be final.

7. The City Council has hereto determined the prevailing rate of per diem wages for the doing of said work, which said scale of wages is set forth by Resolution No. 5730 79 afthe City Council, said resolution being on file in the office of the City Clerk of the City of Garden Grove, Califomla, and is hereby made a part of and is incorporated herein.

8. Apprentices may be employed ln confonnlty with Section 1777.5 and 17TT.6 of the Califcmia Labor Code. Every appren1ice shall be paid the standard wage paid to apprentices under the regulations of the trade at which he is employed. Information relative to employment of apprentices shall be obtained from the Director of Industrial Relations, 'Nho is the Administrative Officer of the California Apprenticeship Councll.

9. Coples of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the State of California, Department of Industrial Relations, Division of Labor Statistics and Research.

10. In order to help eliminate combinations or schemes, which restrain free competition in the procurement of bids on public construction projects and, in compliance with a request from the Department of Justice, ths completion of tha "Questionnaire to General Contractors" Is mandatory for a valid bid. Said questionnaire is found in Section 4 of this document and is to be returned with bid proposal.
11, It is the policy of the City of Garden Grove to ta k& positive steps to maximize the utilization of minority business enterprises In ell contract activity administered by the City.

The Contractor will utilize his bast efforts to carry out this policy in the award of his subcontracts to tha fullest extent consistent with the efficient performance of this contract As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned businesses, at least 51

SECTION 1 ~ NOTICE TO CONTRACTORS (Continued)
percent of the stock is owned by minority group members. For the purpose of this definition, minority group members are black, Hispanics, Asians, Native Americans, Alaskans, or Pacific Islanders.

12. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1726,6 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771,1(a)],
No contractor or subcontractor may be awarded a contract for public work on a pub lie works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. The CWA requires that the successful bidder In a covered project being awarded the contract to agree to abide by tha CWA and to submit an executed Letter of Assent, the form of which la Included in Section 4. The Letter of Assent shall be executed by the prime and all subcontractors and Included with the bid submitted by bidders, In addition to the bid bond, subcontractor list, non-collusion affidavit. etc.

EXHIBITB

SECTION 2-CQNTRACTOJtts PROPOSAL
SECJIQN a· CQNJRACJ'QR'S PRoposAL
CONTRACTOR'S NAME: _All_A_me_ri_ca_n_As...:p:....h_a_lt ___________ _

THE HONORABLE MAYOR AND CITY COUNCIL

CITY OF GARDEN GROVE
11a22 ACACIA PAA'tW'/AY
GARDEN GROVE, CALIFORNIA 92842
SUBJECT PROJECT: 1 -NEWLAND STREET REHABILITATION

FROM TRASK AVENUE TO GARDEN GROVS BOULEVARD
PROJECT NO. CP-1322000, DRAWING NO.. A-1935
Gentlemen:

The undersigned, having can,fully examined the Plana and Specifications for the abDVe subject project and having personally vialted the atta of the work and been made famlllar with the conditions, HEREBY PROPOSE to furnish all 1abor, materials, equipment and transportatlon, and do all the walk required to complete the said work in a~ordance with the aald Plans and Specificationt far the unit p:tcea named In the following bid propoeal:

B!D PRDPQSAL
APPROX.

ITEM QUAN11TV ITEM WITH UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
ITEM
TOTAL
1,

2. 1
LS
1 LS
Moblffzat1on1Demoblllzatlon Including Clearing
and Grubbing
Forty Six Thousand DoUar&
-----------=----$ 48,000.00 $ 48,000.00
Per Lump Sum
Traffic Control
Ma,./y?aws«nd 4Ucd -------~--=--~-$ fD,Q()O $ Per Lump sum

3. 1 Construction Surveying
4 LS Thirteen ThoUl5and Onu Hundard Dollars
95,700
SF
----------=---:.----=--Per Lump Sum
Fun Depth Raclamadon (15"); Cement Treat
Base {10") with 5% Cement Content,
CureCTB-MicroC~ ~
-z:u,,, ~/4,S ~ "1/t C'c~
----------:=!"~---Par Square Foot
•5 250 over ~on (If Required)
CY On& Hundred Twelw Dollara
----------P~a-rC~u-=-b":""lc-=-Y::-a~rd
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$ 13,100.00 $ 13,100.00
$ ,2.1,,t
$ 2/1. "' Z '
$ 112.00 $ 28,000.00

SECTION 2-CQNTRACJOR'S PROPOSAL
APPROX.

ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS
•s e. 200 Fumiah and Install Geogrfd (If Required}
SF Om1Dollar
UNIT
PRICE
ITEM
TOTAL
$ 1.00 $9,200.00 -------------:~::----__,. --- Per Square Foat 450 1a Rack 0fRequlrad)
Tons Fifty Dollars
8 62,000
SF
9 10
1 LS
170
CV
____________ ...,,._ $ 60.0D
PerTon
Cold mlll Existing AC
on 'v Tw,dy 7u1, l!o/ltrff
----------=~--~$0,'2-~ Per Square Foot
Crack Seal
&?[J,;J1i1'~" et,,ff $ 3Jo&J
Per Lump Sum
Roadway Excavatton
DM 11~-dr-t1~ .s.v.J«, ,_,,_ cJ,11,rs
-------------$ ''"· Per Cubic Yard
11 200 Aggr~ate Base
$ 22,600.DD
s 3,uo.

Tans s,,r.J, Mtlf. d,;llaYS
-----------=--$ ,,,. $ '3.,,JDO.

Per Ton
12 13
1,850
Tons
2,200
Tona
AC Basa Course (3" thick)
on ,e_ /tV#dl"•d!39VflJ d,;/1 q.a
$ ,~1. -----------~Per~Ton-
RHMA-G Surface Course ?:™ck)
()J!u~odt:ed £.~HI! $ , ,~.
..c.a.i~~--------'!!!'P-er-=T:--on
14 85 Remove Existing and Cans11'Uct PCC Curb &
LF Gutter
Ona Hundred Three Dollars
----------::--~-~ $ 103.00 $8.895.00 Per Unear Foat
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APPROX.

ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
ITEM
TOTAL
15 18
17 18
e
EA
1,800
SF
12 EA
Remave Existing and ConstnJct PCC Wheel Chair
Ramp
s1x Thousand oonars ______________ $
Per Each
Ri9move Existing and Construct PCC Cross
Gutter/ Splash Pad

8.000,00 S 36,000.00
Twenty Dollars
$ 20.00 ------------,.~---,.

Remove Existing and Construct PCC Sidewalk
Ten Dollars Twenty Five Cents
--------------r-: $ 10.25 $ 19,475.00 Sfiifici
Ramova Existing and lnstaD New Sewer Manhole
Frame~and • er to Grade d
"df--ond tVw Hein.dee~ $ _ _ I.,~. $ ~2,., 100.
@j
19 5 Adjust Storm Drain Manhole Frame and Caver to
20 21
22 EA Grade
!V. EA
6 EA
1 LS
------------=---$ ~ 6t21 $ d, 0#, Per Each
Remove Existing anu Install Naw Water Valve Stlp
Can al]d Ud t.o Gtada
:TA l'°C:f /lllnd~d $av"•t1:bca
...;:a;;~P-tl..-A ..... r~s ......... --------=--$ 317. ' PerEath Furnish and Install Fabco CPS Screen With
Sypaea Lid
~~~/-k,,k,;
Ji Per Each
Furnish and fnstall new CCTV camera system and
cablea at NEMtand Bb'aet and Trask Avenue
·Jnteraectian
~~vsand Nl/le/.b~,
Per Lump Sum
RtYl•ed Quantity tor Item no. 11 and 20 on Amil 27, 2022 17R

SECTION 2-CONTRACTOR'S PROPO§AL
APPROX. UNIT
PRICE
ITEM
TOTAL ITEM QUANTITY ITEM WfTH UNIT PRICE ~ITTEN IN WORDS 23 24
25 1 Furnish and lnatall new CCTV camera system
LB and cables at Newland street and Garden Grove
B~ul rd lntereectlon
e,nztvs«nd Am+ 1/eA,{re.t/
-•--$14941 $ ✓'411(}, PerLUmpsum '
7 Grind concrete Lip to 0" and Install Surface
EA Mounted Datsctab1e Wamln_g Surface
~(){t~AL $1V#A JJ11n,ll(ul $
1 LS
__ ~ I, 7dlJ, $ / 11 'i04.

Per Each
Traffic Striping, Signing, Pavement Markings and
Pavement Markers
ttlli:1,MllSIAwJ HY( P,11t1r'cl $ '· 514~ IP i, , •.

Per Lump Sum
26 1 Surface Protilcgraph
LS
r,a Tb0Uff0d gq11pn mooo.oo :s 10,000.00
Per lump Sum
27 1 Calnn's Encroachment Pennlt Fee
LS
NOTES:
nn, p,ougnd Two Hundtad ,ad Elqhfv .I 3.280.00 ! 3.280.00 dolJap
Par Lump Sum

1. In ease of dscrepancy between 1he words and figures, the words &haN prevall.

2. nie foregoing quantltlea for the above projects are approximate only1 being given aa a basis for the oomparieon of bide, and the City of Garden Grove does not exprassly or by implication, agree that the actual amount of work will correspond therawlth. but reserves the right to lncraase er decreaee the amount of any r::la11 or par1fan of the work aa may be deemed necenary or expedient by the Engineer.
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§EC]]ON1-CQNJRACTQB'IPBQPOSAL
SECTION 2 • CQNiftACTOR'S PBQPAIAL
CONTRACTOR'S NAME: _;..:Al::.:I Am:.=;,e~rf_ca_n ..... Asp:..-.i._ha_l_t ___________ _

THE HONORABLE MAYOR AND CITY COUNCIL

CITY OF GARDEN GROVE
11222ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92842
SUBJECT PROJECT: 2 • MAYS AVENUE REHABILITATION

PROM BUSHARD STREET TOWARD STREET
PROJECT NO. CP-1286000. DRAWING NO. A-1941
Gentlemen:

The undersigned, having carefully egmlned the Plans and Speclff cationa for the above subject proJRt and having personally visited the 11ta oftha work and been made familiar with the conditions, HEREBY PROPOSE to furnish all labor, matarfals1 equipment and transportation. arid do all tha wotk required to complete the said work ln aacardance with the aald Plans and Speciftcatlons far the unit prices named rn the fallowJng bid proposal:

BID PROPOSAL
APPROX.
11EM QUANTliY ITEM WITI-1 UNIT PRICE WRITTEN IN WORDS

1. 1 Moblllzatton/Demoblllzatlon Including CJearlng
LS and Grubbing
Forty SIX lhDUl(lnd D1;11lan1
ParLumeSum

2. 1
.;;con~:t LS ~~,ti!
Par lump Sum

3. 1 Construction Surveying
LS Teri Thoueand Dollan,
Per Lum!! Sum
4 40,000 Full Oepth Reclamatlon c12•): Cement Treat Baee SF {7.S-) with 5% Cement Conte~
cure CTB J;d Mfcto crack ,Ill d:,._
-:z:.u;" 11.«~ 'Z.uh,__y.. e. .,
Per Sguare Foat
•5 200 Over Exoavation {If Requlr~)
CY One Hundred Thi!:! Doff art
Per Cublc Yard
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UNIT
PRICE
ITEM
TOTAL
$ 48,000.00 $ ,48,000.QO
$ "40• $ 'l§D,O..
$ 10,000.00 $10,000.00
$ 2,l.d s 1t'IOM.
$ 130.00 s2e,ooo.00

.
ag(;iTIDN a-'=ONTB6CTOB'I PROPOSAL
APPROX. UNIT ITEM

ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN VVORDS PRICE TOTAL ·a 9,200 Flmiiah and lnstan Ge.ogrid (If Raqulred)
SF One Dollar
$1,00 $9,200.00
Per Sguare Foot
276 1 • Rock (If Required)
Tons Forty Five DDflara
$ 45.00 $12,375.00
PerTon
a 45 Roadway Excavation
CY Two Hundred Twenty-Nine Dollars lN~ G911-t; ~ .... ~•. ""'f $ 229 3D4fv$ 10,118.&e 6J
Per Cubic Yard
9 50 Aggregraae Tons ~,. .. _1,d,a, rL. -rA,J_-,,,,,. d.dlur. s J-ao. $ &, «JO.

PerTon
10 660 AC B'f!;ll'Se (2.11' thick) S!! Tone
$ /Z."I, ~~ yt'«tl.~tnfff tt..~tl. $ f'2-,:''°·
Par Ton
11 560 ARHM ::ca~~-thick) _l Tons aae --".c: c4, dtA i!1 $ 1'10. $ 7,.00d,
PerTon
12 120 Remove Existing and Construct PCC Curb &
LF Gutter
Ninety seven Dolle.18
$ 97.00 $ 11,640.00
Per Unear Foot
13 6 Remcve Exlatfng and Construct PCC Wheel chair
EA Ramp
Six ThauBllfld Ddlars
s e.000.00 $ 38,0DD.OO
Per Each
14 8!50 Remove Existing and Construct PCC Drive
SF Approach
1welllY Ona Oallara
$ 21.00 $17,860.00
Per Sguere Foot
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•
ll;CTIOH a-~ONTRACTOR'S !8QPOS61s
APPROX. UNIT ITEM
ITEM QUANTITY ITEM Wint UNIT PRICE ~ITTEN IN WORDS PRICE TOTAL 15 560 Remove Existing and Canatruct PCC Sidewalk
SF
Ten Doflara Forty Canta
$10.40 $5,720.00
Per Sguare Foot
18 350 Remove Exlatlng and Constn.iat PCC Crass
SF Gutter/Splaah Pad
Twen~ Nina 0allar.
$ 29.00 $10,150.00
Per Square Foot
17 7 Remove Existing and inatall New Sewer Manhofe
EA Frana ;! Covar to Grade
~ :fkM AtNt/Jukd $ IJ,. Sot). I. $ I.J. '/IJ/J.;
PerEach
18 1 Adjuat Stomt Drain Manhole Frame and Caver to
EA Grade
~A~ 7)~.fttw,t/_ e/JJ.&J:.S
1,0~0. $ 't"~ $
Par Each
19 10 Remove Existing and lnlrtall New Water Valve
EA
y.,1~~:;;""~ ... ~
l.lAr:5. $ 317, $ 3~ J7D.

Per Each
20 2 Furnish and Install Fabco CPS Screen wtth
EA BypuaUd ti., {sj'
~fi:JN~a<h $ '• "'"~. Iii 2-i '130,
21 1 F-umlsh and lnatall naw CCTV camera system.

LS and cablBB at Mays Avenue and MagnoJla Street
~~ "='f"d Nr~ /,l1,1Ah~
$ ~0/ldO. de. $h,fdd
PerLUmesum

22. 1 Traffic Striping, Signing, Pawemant Markings and
LS Pavement ~•rs d A
rTUJ.ftriy 1Jt 7Nt/Sa11,_ -,1/1.r S
$ z,. (J(Jq., s J,,ooo.

PerLumesum
~21 ~

SECTION 2-CONTRACTOR'S PRQPOSAL
APPROX.

ITEM QUANTITY ITEM WITH UNIT PRICE ~ITTEN IN WORDS
23 1 Surface Proftlograph
LS
UNIT
PRICE
ITEM
TOTAL
rm Tlzpugnd «wMm 119,aao,oo 1 10,000,00
Per Lump Sum
Total Written In Words: Total In Figures
£;11,.Jl.untl@I $rl,t.lft 7A,vft1,r/ s,1, o,o. e-c:,
~ al/)a t.J $ -I ,,.,. 7 .S 1JI. nify'
* If Required
NOTES:

1. In cue of dlsQrepancy betWeen tha words and figures, Iha words shall pmvan. 2, The foregoing quantities for the above prajecm are appr~mate anly, being given as a basis far the campsr1aan of blda, and tl'!e City af Garden Gnwa daea not expressly or by lmpDcatlon. agraa 1hat the ac1ual amount <1f work wlli correspond therewith, but ruervee the rfght to Increase or decrease the amount of any cJua or portion of the wark aa may be deemed naceasary or e>ipsdlent by the Engineer,

SECTION2-CONTRACIQFfSPROPOSAL
SECJIQN 2 .. CQNTRACTOft'S PRQPQBAL
CONlRACTOR'S NAME: _Al __ J __ Am.......,.e..,.ri ..... ca __ n __ As=ph;.;.;;a __ lt ___________ _ THE HONORABLE MAYOR AND crrv COUNCIL
CITY OF GARDcN GROVE
11222 ACACIA PARl<!NAY
GARDEN GROVE, CALIFORNIA 82842
SUBJECT PROJECT: 3A • HAZARD AVENUE REliABILITATION
Gentleman:

FROM BUSHARD STREET TO WARD STREET
PROJECT NO. CP-1296000, DRAWING NO. A-1922
Tha undersigned, having carefully examined the Plans and Specfflcatlons for the above subject project and having penionally visited the site of the wark and been made famllhlr with the conditions, HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and do all the work required to complete the aald work In accordance with the said Plana and Speclflcat!ona for the unit prices named In the foJlowlng bld propoaal;

BID PROPOSAL
APPROX.
lTEM QUANTTIY JTEM Willi UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
ITEM
TOTAL

1. 2,

3. 4.
1 LS
1 ts
1 LS
1 LS
5 330.000
SF
MobUlzatlon/Demoblllzalfon lnclUdJng Clearlng
and Grubbing
ihlrty Five Thousand DoUars
-----------=---,----,,..-$ 35,00D.OO $ 35,000.00
Par Lump Sum
Control
ifoZs o, 21ct7ilwSt11I
11&,11:;;..&,_, ______ ~--s 1a;-, ... $ ~o,,.

Per Lump Sum
ConBtructkln Surveying
Ten 'Thousand Five Hundred Dollara
---------~........,..---Per Lump Sum
lnetall Construction BMP'a per NPOES
Requirements
Four Thousand Dallara
---------~----=--~-Per Lump Sum
Cold mm Existing AC
$ 101500.00 $ 10,500.00
$ 4,000.00 $ 4.000.00
(>,. 't Tw.,lf'lsr""' e.,,,.J-.C
----------=-~--=--"'." $ IJ, 2:' Par Square Foat
-23-

IEC'QQN 2-PQNTRACTOR's PBQPOSAL
APPROX. UNIT ITEM

ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 8 S40 Rota;~tlon CY dba..l"S. • $ .s~ . $ l~(),o.

Par Cubic Yard
7 1 c~~I LS --~ld7kJ~St1.11."1 du,'..rS
$ l,.S4't>o. $ l~oaa.

PerLumeSum
8 B60 AC Baaa Coursa
TOM ~,,..o/ £J.,-ld::. daJ/vS
''·
$ $ " ,, 100.

PerTon
9 2,800
FDSwfaceCo~.;, .L.. Tons
--~l!iL 7id /Mn $ /17, $ .$ 3t) i l Od.

PerTon
10 11 1,510 Remove Exfatlng and ConatNct PCC Sldewalk
SF
e., flliiiilllld ~ FOIi' "51ii• 111i.HAlll&0al "----@ /0 ,u,O If, 704/. 7°4ff dtJIJor.S. 1ia°d¥ C.ud. $1a1ai@s~•~e•~
Par Sguare Foot
12 3,100 Remove E)(fsllng and Construct PCC Cross
SF GllH!NfSpandnll ~ II, 70D•
~~ "cirs $;:..-~ $ 4&,fflt.Be@
Per §gun Foot
13 850 Remove ExTatlng and Construct PCC Aley Apron
·? SF
;;;:,;~ ~~-• '2-~, /t)O
$ .aa,:;r«.1.~ =tzQ ~188~
Per §guare Foot
14 300 Remove E>datlng and Con.truct PCC Curb &
LF Gutter ~ 2-f,~~ q, .
. ~if=l~l $~8,ee---, ~.1co.cc __...

Per Unear Foot
.24 ..

SECTION 2-CONTRACTOR'S P89PQBAL
APPROX. UNIT

ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS PRICE 15 8 Remove Exlstln9 and Construct PCC V\lheel a,Lj~
EA Ramp_ ~
16 17
21 EA
2 EA
s.,4 Z/.,1,1,Jtr,11rl.s «1!J.n: '-tooo
------------~$"88:00 Per Each
Remove ExJaUng and JnetaU New Sawer Manhole
"-•t CovertD Grade
'M'"'&NI A/4.ff. /J11nd,,.,tll ~ n , 4940.

Per Each
PIH il~Ja,l"ld r,a/,
ITEM
TOTAL
Adjust Midway City sanitary Sewer Manhole
Frame ~over to Grage-'~ ~
------------.P,,_er....,E,,,..a....,..ch
$ I #IJ,O, $ Z.,OOtJ •
18 19
1 EA
Ad}uat Stann Drain Manhole Frame and Cover to
Grade
t,IJI TMll4r.nr/ dvioKS
-----------------Par Ea ah
31 Remove Exlsting and Install New Water Valve
$ I ,DOO • $ I I t!JI)()~
EA ~can•. 1~?~~~
~J=i:;f.ell:;.j~~ti__,,e=:;..__=_cn:_~ .. _-~_.s«_a<..,, __ ..,...,,-,--___ $31~ Per Each
20 28 Adjust Water/Fire Hydrant Valve Frame and
21 22
EA Cover to Grada
1 EA
2 EA
Adjust Monitoring Well Frame and Cover to
G{Jide
$ 12-, 36().
:itl,'ell JJ.IIJ'ldr)d ~ d,Jla rS
----------....,.........,.... $ 1'M• $ 11/fJ.

Per Each
lnataU Type E Traffic Loops
'J?lJ::J:tt!;,-f Vt /bn,,;f ,rwf $ 1, SV(J. $ 3,Dfd.

Per Each
.25.

§ECJJ9N a-QONJBAGIOB'I PRQPO§AL
APPROX.
rTEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS
UNIT
PRJCE
ITEM
TOTAL
23 24
NQIES:
1 LS
1 LS
Traffic Striping, Signing. Pavement Marklngs and
Pavement Markers
5,>+:, ,_;,1, 71_,.rcnd dvl•tS _-r-_______ ___,,,,,...--.--....,,...-$ ~ti, 004 $ l,f/, OD().

Per Lump Sum
Surface Prafilagraph
Ten D9Hflnd dqlfa U,.000.00 I 10,000.00
ParlumpSum
Total Written In Words: Total In Flaum
OAt /..h11k-eJ S,>', S.,,..11t'?1tt»N/ 1, l .nil •o,,
Fil'1 lkndY41tl 12ne. do/}41"' . $ .s,1. ,tst>S". o tJ(ii>

1. In case af diaaapancy between the wcrds and figures, the words shall pravall. 2, The foregoing quantities for the above projects ara approximate on!y, being given as a bas!& for the compartaon of bids, and Iha City of Garden Grove does not expressly or by Implication. agree that the actual amount of work wlll ~apond therewith, but reseivn the right to incruae er decrease the amount of any cla11 or portion of the work as may be deemed neoeeea,y or expedient by the Engineer.

SECTION 2-CQNTRAQTOB'§ PROPOSAL
Sl!C'QON 2 .. CONTRACTOR'S PRQPOMI.

CONTRACTOR'S NAME: .:.Af.::.:l.:..A::.:.m.::::e;:..::rica=n-=-Asp=h.:;:;B:;;,lt ___________ _ 11-tE HONORABLE MAYOR AND CllY COUNCIL

CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92842
SUBJECTPROJECT: 3B• MCFADDEN AVENUE REHABILITATION
FROM WARD STREET to 80D'EAST
Gentlemen:

PROJECT NO. CP-1298000, DRAWING NO. A.'1922
The undaralgned, having caralllly examined the Plana and Specifications for the above subject prcject and having personally vfllted the alta of the work and been made fam!lfar with the oondltlons, HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and do all the wark required to complete the eaid work In accordance with the said Plana and Speolftcationa far the unlt prices named fn fl1a f0110Wlng bid proposat

BID PROPOSAL
APPROX.

ITEM QUANTJlY ITEM VVITH UNIT PRICE WRllTEN IN WORDS
UNIT
PRICE
ITEM
TOTAL

1. 1 MoblllzatlonlDamoblllzatlon Including Clearing
LS and Gn.,bblng
Forty Six ThoUNmd Do!lara
$ 48,000.00 $ 46,000.00
Per Lump Sum

2. 1
~~ LS = ~~ ZleJt.S.tMd s y§ooO' $ r./~OIM,
Per Lump Sum

3. 1 Construction surveying
LS Seven ThOUIB!]d Nl[!e Hundred Collara
$7,900.00 $ 7,900.00
Per Lump Sum
4 37,000
g~~~n~~ a,8'1 SF
$ ().tµ/ $ If!, z,&:,.

Per §guare Foat
5 Roaawav l;xcaVJltion
,: Mi,Mff ,,4/ 7MJMfyJiwn o/Jo.r5 e 1a1.

Per Cubic Yard
$ l.&'11 ODt,1
.. 2,7.

§igJ]QH a-gQ~Isa~gB!§ EBS:l!OSAL
APPROX. UNIT ITEM
ITEM QUANTITY n'EM WITH UNIT PRICE WRITTEN JN WORDS PRICE TOTAL e 19,000 Furnish and lnataU Beagrld
SF t24I~ s.n .. (!.&Ai&,
$ 1.7D $ 11,. &of),
Per Square Foot
7 1,600 ~?ateBa&e Tona _ -(fy SQIAf..,-di11Jlt1.cf
$ J.'1. ' if:S.aoo. PerTon
8 420 AC Ba,tourae
Tona t1~ _ 'IJfK-cd. Jl~k~ ~D•n
$ lll.1 $ i(7'ZA
PerTon
9 500 FR-ARHM Surface Cout8a ,f-
Tons fJllc_f1:'t~d ~ ~ t:M,/. $ lSf., $ ?'It ot>IJ.

PerTon
10 110 Remove Existing and Construct PCC Sidewalk
SF Sawnteen Dollani
$17.00 $ 1,870.00
Per SQuara Foot

11. 1,400
SF
Remove Existing and Construct 'PCC Bua Pad
Thirty Six Dcllart
$38,00 $ 50,400.00
Per Sguara Foot

12. 30 Remove Existing and Construct PCC Curb and
LF Gutter
One HuRdl'ld Nine D0Uarv
$ 109.00 $3,270.00
Per Unear Foot

13. 2 Remove ExJstlng and install New Sewer Manhcle
EA Frama~to~ ,//v._~ P,J;. $411 NL.AM~
$ la BIJO. ~Ci $ ,,. 200 •
Per Each

14. 4 Remove Exlatln11 and Install New Water Vldve
EA ~.,..,.~~tis,~
'4 ~"'·
_,1,'e=-" w ~ -· $ 3l1. $
Per Each
-28-

..

SECTION 2-CQNTRACTQR'S PBQP08AL
APPROX.

ITEM QUANTITY ITEM VVITH UNIT PRICE WRITTEN IN VVOROS
15, 1
LS
Traffic Strlpfng, Signing, Pavement Markings and
UNIT
PRICE
Pl!'Jpment Markera
AbAJ"'-=:n«l(.Stt/1~ 4,//4 r.S:
---------=--..--~~ s 1w. Per Lump Sum

18. NOTE§:

1. In case of discrepancy bslween the won:ls and figures1 the words shall prevail.

ITEM
TOTAL

2. The foregolng quantltles far the above projects 1111 approxlmata only, belng given as a bnla fer 1he comparlaan of bid&, and 1he City of Garden Grove does nat e>cpresaly or by lmpUcatlon, agree that the actual amount of work win eorrespond thetswtth, but reserves tha right to 1ncreaaa or dacraaae the amount of any cfaas or r,ortion of the wortc n may be deemed neceaaary or expedient by tho Engineer.

sEcnoN 2-C0NTRACJOB'I PROPOSAL
SECTION 2 • CON'fflACTOR•s PROPOSAL

CONTRACTOR
4 S NAME: .._A....,H.._.A ..... mer=ica ......... n .... As.._0._h=a=lt ___________ _ THE HONORABLE MAYOR AND C1TY COUNCJL

CITY OF GARDEN GROVE
11222ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92842
SUBJECT PROJECT: 4 • CHAPMAN AVENUE REHABILITATION

FROM NELSON AVENUE TO NINTH STREET
Gentleman:

PROJECT NO, CP-1321000, DRAWING NO. A-1940
The undersigned, having carefully examined the Plans and Specifications for the above subject project and having personally visited the alta of the work and been made familiar with the conditions, HEREBY PROPOSE to fuml11h all labgr, materfals, equipment and traMportatfon, and do all the work raquirad tD complete the said work in accordance with the said Plana Ind Specfflcations far the unH prices named In the foUowlng bid proposal:

SID PROPOSAL
APPROX.

ITEM QLJANTTTY ITEM WITH UNIT PRICE VVRITTEN IN WORDS

1. 2.
1 LS
1 LS
MoblllzatlonJDamoblllmUon lncludlng Clearing
and Gn.ibblng
Forty ThDUland Dollara
----------=--:---~-Par Lump Sum
UNIT
PRICE
ITEM
TOTAL
$ 40,000.00 $ 40,DCD.OO
Traffl~ontrol s,7]1?11Sgu,d @lh,n
---------==---:----=:---$ ,o.oOb s &,01t1«1, Par Lump Sum

3. 1 Comtrudlon Surveying
LS Elpht Thouaand ihrae 1-iundnld Dol!n
4 217,000
SF
6 250
CY
Par Lump Sum
----------=---=---=--. Per Sguars Foot
---------~Per~'::::'Cu-:-bi7•c"TY:--an:t-.
-30-
$ B,aoo.oo $ e,300.00
$ o. ,.,
s ,4,

•
li~'2H a-ggNTRAg:[QB'I PROPOSAL
APPROX. UNIT ITEM ITEM QUANTITY ITEM Willi UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 6 430 AC Base ,%raa
Tons e:>~ _a.hd z:1.,-,.,.,, dd./420:
$ t..t>~. $ ~2-f~- PerTon
7 90,000 Crack Seal and lnetall Type II Sluny Seal w~h
SF
R=cJ"Jt1~ "-_.!_ Ei,ur-C.tr.Dt-L O.Stl $ $ ¥'I"'"~ Per SQuare Foot 8 25,000 AR.AM
~~El~ SY i"~ ifq_/!a£il . ., .. ,. $ ,,. 1S' $ l18i 75"d • Per Sguare Yard
9 2.700 ARHM ~ce Course
Tons en, -.1t.ll.dl'?lJ Zill.f.NL dii«D
$ 112,. $ Joa."~
Per Ton

10. 410 Remove Exlatlng and Conatruct PCC curb &
LF Gutter, Type c-a
Nin!! Four Dollel"I
$ 94.00 $38,540.00
Per Linear FOOL

11. 1,200 Remove Exllting and Construct PCC Sidewalk
SF ElevenOollara
$ 11.00 $13.200,00
Per Sguare Faot
12, 70 Remove Exlatfng and Construct PCC Driveway
SF
Thirty Dollars
$ 30.00 $ 2. 100.00
Per Sguare Foot

13. 1,400 Remove Ex!Btin'1 and Construct PCC Crosa
SF Gutter/ Splaah Pad
Twe~ Elg-ht Dollars
$ 28.00 $ 39,200.00
Per Sguare Foat
-31-

-SECTION a-~tiIRACIQB'I EBQeOSAL
APPROX. UNIT ITEM
ITEM QUANTITY ITEM \I\ATH UNIT PRICE WRITTEN IN WORDS PRICE TOTAL

14. 10 Remove Existing and Con&truct PCC Wheel chair
EA Ramp
Six Thot1sand Dollara
$ 6,000.00 $ 60,COO.OO
ParEach

15. 4 Grind Concrete Up ta 011 and Install Surfac:e
EA Mountad~DOd Dome 'a-,$'10' ~•lid ~~~~tMt ' ""·e~ 10. opo. Per Each 16, 17 Remove Existing and' install New Sewer Manhole
EA Frame and Cover to Grade ,14tw~
'}JJfJ.~Sarvl d-e~ -~
$ I, 9otJ, $ J.2,.aQa.

ParEach

17. 2 AdJust OCSD Manhole Frame and Cover ta
EA
Et~~ tlJm,t,,--d_ s ~20,, $ 8i IJ.OO.

Par Each

18. 3 Remove Exiating and Install New St01'ffl Drain
EA Manhole Frame and Cover to Grade
~e!.&K~ Al~ $ ,,,oo. $ s; 1fJI),
Per Each

19. 20 Remove Exlfltln9 and fn.tan New Water Valve
EA Slip Csn and~ Grade
J'l~S . ,,,J,.J S,14'.'f.(; I"
$ 3111 $ ~.~.

Per Each

20. 10 Fumlah and Install Fabco CPS Screen and
EA
Bypass~ ~ ::i.~~ltd~~ $ 'i 6/1,S. $ 14,. ''"· . Par Each

21. 1 Traffic Stt1ping, SJgnlng, Pavement Markings and
LS
p~ve,'I "Tlt,r1.1an,I
$S1Md. $ .5 ?. fl/J() ..

Per Lump Sum -
-32-

APPROX.
lTEM QUANTflY ITEM WITH UNIT PRICE WRITTEN IN WORDS
22 1 Surfaca Profflograph
LS
UNIT
PRICE
ITEM
TOTAL
rwz lbeHMOd gp11an1 110.aaa.aa , 10,099,aa
Par Lump Sum
1 .m
Astyd sawer c1aan out Exam• and cpyar SR
Sillsll
c20' "?ltt5Mrl dp.l/4fS _ ______. _________ =---=--.--11,600.

Par§aeh
3•
a l,DDO .•
Total Written In Words: Total In F(qures
Al,AI, tlwttlcwt £.rtµf Tl<M:
--1A0o Send 7/,--,.111,hflt/,M ~
~/)o.r5
98Z.,3t/O,-•
$ ~.32'4, oofii! >
NOTES:

1. In case of dlacrepsncy between 1he WGrds and figures, the words shaU prevan.

2. The 1oregolng quantitfee for the above projects are approximate only, being given aa a basts for the oamparison of bida, and the City of Garden Grove does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reseNeS the rtght to rncrease or decrease the amount of any class or po111on af the work as may be deemed necessary or expedient by the Engineer.

Added Item na. 23 on MIU 21, uzz
--

·•
§ECTJON 2-CONJ:BACTOft'I PROPOSAL
SECTION 2 .. CQNJ:MCJOft'S PROPOSAL
CONTRACTOR'S NAME: _,P>d.;;:l""-A=me=---rica.....,.n .... Aa=p=h=a=lt------------­ THE HONORABLE MAYOR ANO crrv COUNC]l

CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
CWWEN GROVE, CALIFORNIA 92842
SUBJECT PROJECT: 6 .. LAMPSON AVENUE REHABILITATION
Gentlemen:

FROM HARBOR BOULEVARD TO HABTER STREET
PROJECT NO, CP-1297022, DRAWING NO, A-1838
The undersigned, having oarafully examined tha Plane and Speclflcatlon1 for the abcva aubject project and having peraonally vlalfed the site of the work and been made familiar With the conditions, HEREBY PROPOSE to fumlah all labor, materials, equipment and transportation, and do all the work ntqulred to complete 1he said work In accordance with the sal~ Plana and Speclficationa for the unit prices named in~, followlng bid proposal:

NP PROPOSAL
APPROX.

ITEM QUANTITY JTEM WITH UNIT PRfCE WRITTEN IN WORDS UNIT PRICE
ITEM
TOTAL
1 2
3 4
5 1
LS
1 LS
1 LS
200
CY
230
Tona
MobllizationlDemoblllmtlon lnctudfng Clearing
an_~iln;_
Ii~~ s~«~ 7,ku.w,pl
i;
ontrol
f;?-71wSo,nJ
r.-,;;;......:.------=--=----$ 4S,HO. $ IIS.oop.

Per Lump Sum
~atn.lctlon SuM.W:ing Seven Thousand Nme Hum:lred Dollars $ 7.900,00 $ 7,900.00
----------=---:---=--Par Lump Sum
-----------~p=-a-r 1=-o~n $ '-'·
-34-

,,
§ECTJ&)ft a-~tl[B6CI2B'l l!B9P08Ala
APPROX. UNIT ITEM ITEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS PRJCE TOTAL e 65 AC Base Courae
Tona ~..t.:~~;t/~ $ lifl. $ l1J" Perron •
7 65 ACS~= Tona
r.l 3,s. "': ~.J7u1,.m4;, .,v,,,~
$ /Z.1 $ ~l
Per Ton
8 132,000 Crack Seal and Install Type II Slurry Seal with SF Reinforcing Fibers
o" l!I. ~£~~ o~,rls
$ '·"" $ ,11.ort1.

Per Sguare Foot
9 400 Remove Exlating and Ccns1ruct PCC Curb &
LF Gutter
Nin!}: Four Dom
$ 37,800.00 $ 84.0CJ
Per Linear Foat
10 3,500 Romove Existing and Construct PCC Sidewalk
SF
TenDollara
$ 10.00 $ 351DDD.DO
Per Sguare Foot
11 350 Remove ExJatlng and Construct PCO Drive
SF Approach
TWe!!!l Five Dollara
$ 26.00 $ 8,750.00
Per Sgyare Foot
12 750 Remove Existing and Ccnslruct PCC CrDSS
SF Gutter
Twlln~ E!oht DoJIBl'I
$ 28.00 $21,000.00
Per Sguare Foot
13 12 Remove Existing and Construct PCC Wheel
EA Chair Ramp
srx Thousand Dollars
$ e,000.00 $ 72.000.00
PerEach

•
APPROX.
lTEM QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS
1◄ 4
EA
Fumlah and Install Fabco CPS Screen wtth
Bypasa Lid
UNIT
PRlCE
ITEM
TOTAL
-/NlftCA"'~\&.,:Uvw/,r,d --~~~a..&.l~ll--~rM..~-'-4'u.~at~-~---=--:--s 1, a1,s. • s, 8&o. Per Each 15 18
17 NOTES:
2 EA
1 LS
1 LS
1 I.I.

Remaw Existing and Install New Wat.er Velva
Slip_J:an and Lid to Grad•·::0
~t~1d $u1~ ij,L $,.:511.

Par Each
Furnish and Install new CC'TV camara ayatem
and cables at LamplOM Avenue/ Haster Street
Intersection
=fJ."" i!/s.oOud ,N,/1,f H,Jwl,,-J
I)/!__ $ 10, F ,,
PerlumpSum
Traffic Striping, Signing, Pavement Markings and
Pavement Markins
~,:!r?'taA -1Nws•ntl , 21,"°'
PerLUmpSum
Rampy• 151at1ng ■nd Conftngqt Pee Catch Bpln Top Slab Repair IS Nmthwgt Corov 9( am,r,:,,,. tll&M·
,_ Par Lump Bum
IObJI In

1. In Clll8 of dflcrepan~ batwam tha words and ftgu181, the won.ta atmll prevaD. $ 10,90,,
Flaum

2. The fofegalrQ quantttlM for the above prqecta 1U11 appRIOdmat1 only, being gl11en •• a blllli far the compertlOn of btda, and the City af Gaden Grove dDN not expma[y or by Implication. agree that tha ach.1•1 lilfflount of work \11111 carreepoml tharawfth, but reaervea the rtght to Increase or decraaae the amount of any claN or portion of the work as may ba deemed neceaaary or upedtent by tha Engineer.

Added Item Np, 11 on Aprtl 27, 2Q2Z
,.

SECTION 2-CQNTRACTQR'S PROPOSAL
§UMMARY OF BID PROPOSAL

STREETNAME

TOTAL OR

GROSS SUM BID

WRITTEN IN WORDS

TOTAL OR

GROSS SUM BID

IN FIGURES
1 NEWLAND
STREET
REHABILITATION 1'/,~1fll!;;,1'1ljr~ s /, /U, tr,,
J..lil11 ,,.,, 91n '>'I,, 'P//i:,JJ
2 MAYS
AVENUE
REHABILITATION -lf:!l:l't,'1;.f;,Zta $ H , . 0 '10,
3A HAZARD
~=iiTATION r;;f &1JJ!f.¥ , $ /. /1, 11 Sol. 1tlt ,,,,., p/hir 1 38 MCFADDEN
~:i~~TATION .g~ i 6 12., DOI,
4 CHAPMAN
AVENUE !:" .. #~ REHABILITATION w 'W,; $ 9 8'2-, 3 ~IJ. 5 LAMPSON ,;,,i1:J
AVENUE ~~ REHABILITATION ~-~ $ tl'IJ, 3otl.
------------~~~-~-----------TOTAL BID WRITTEN IN WORDS IN FIGURES "!err #,,u&"Q/ s....,, ... 6 2:15'
q?f/. if 3tl,,
$ -'1' .,, 93(),fii'
-37-

SECTION2-CONTRACTOR'SPROPOSAL
It ls understood and agreed lhat:
(a) Pursuant to Sactlon 1 n3.2 of the Labor Cede, general p19VSiling wage rates &et forttt in the 0epattrnent of Transportation pubflcatlon entitled General PrevalUng Wage Rataa, which i. a part or the contract shall be poated by tha Contractor at a prominent place at thei site of the work, If there is a difference In the minimum wage rate predBlennlned by the Secretary of Labor and the wage rates determined by the Director of Industrial Relations, for sTm!Jar claaslftcations of labor, prevailing the Contractor and Its subcontractors shall pay not leas than the highest wage rate. (b) No verbal agreement or convaraation with any officer, agent or employee of CITY, either bafare or after the execution af the Agreement snall affect or modHy any af the terms or obllgatlone Dfthle Proposal.
(c) CITY will not be 1111pan11ible for any emn or omissions on the part of the underalgned In making up their bid, nor wlD bidders be released because of errora. (d) The undersigned Is licensed In aooordanoe with the lawa of the State of California. (a) The unders}gned hereby certifiel that this Propoaal le genuine and is not sham or collualve, or made In the interest or In behalf of any person not haAiin named, and that the undersigned has not dlrectly or Indirectly Induced er aolicited any other bidder to put In a sham bid; or any other parson, finn or corponrlion to refrain from bidding, that \he underaigned has not In any manner sought. by collusion, ta secure for Itself an advantage ewer any other bldder and that the unit prices proposed heraln shall remain fully In effect for 180 calendar days from bid opening, {f) By submltttng this Bid Proiiosal, the Bidder acknowtadgee and agren that If It is awarded the Contract far the Bid Package, the Bfddar and fta Subcontractors of any tier each agre to comply with Iha tenna and condltlona of the Communlty Workforce Agreement.

I dedlare under penalty of perjury that ell statements or reprasentations made herein are tl\Je and correct.
01/3112024
Explratlon Dat8
Air American As0halt
BlDOER'S NAME . ' ''
~ .. ,,

7.ARJZEDsiGNATURE , .• ',} 1 ~·
Edward J~ Carlson, Vtce Prealde'At·,
Corporation •• ..;....

TYPE OF ORGANIZATIO~ IN~
PARTNERSHIP o~_.,_>8 .. PMQW1!!A.1.1TI __ o~-
400 East Sixth Street Corona, CA 92879

ADOAESS
951 .. 738-7800 951-736-7648

TELEPHONE FAX
267073 Class A

STATE OF CALIFORNIA LICENSE NUMBER
1000001051

CONTRACTOR'S DIR NUMBER
-3B-

!CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT C1VIL CODI! 11189 A notary pubffc «other officer completing this certif!cate verifies onty lhe ideruf\y orthe individual who 1lgn~ the dnc11mrnt ,n which thl~ cofificlltll i~ 111t11ched. arid 11nt 1h11 tnithlhln~-.. 11=nr11CV. nr valldlhl nrthllt dnc11mrnt Slate of CalifDml11
coun1yaf __ =Ri=--·v .... e ... w .. ·de __
On _ _.May~:"'!1_0,...,2~g2=2=--__ bebe me, _ __..B ..... Ro........,vster.....:::;:;o,.•.:,aN....,otmy~ .... P--':!ub=,li=.:;"c""'"""",,._ ___ _, ~ Htra-..-llld11111odll90licilt
paraonalt, appul'lld !lrld J. Carlson
v.tla proved to me on the baals of satlafaclo,y evld8Ma ta ba tha pellOfl(e) whose nem8(1) lsla!8 aubacltbed to the wlthln lnatn.menl and acknowledgad to me that he/til:illMlay -,CW!d the aame In hi~ authDrlzed capectty(tea), and 1hat by hlall!er.l'.halF signature(&) on 1he lnatM111nt the pll80l"I(&), or the entity upon behalf af' which the pe11on(e) acl41d, executed the Instrument.

I cart11iJ under PENAL TY OF PEltlURY under the lawa of the Slate of California that the forgailng paragraph 11 1Jue and correct. ~ESS~my alsea.

Signature ~~ ,..
~
---------OPTIONAL--------------
TI11111ah the lnl'amwtlon below II n~ ntqtJlntd by law, It m')' pivve valuable 11!1 ~ r1ljllng on the document and could prevent fnluduhmt removal and retrtllchrnent af Chll fo1m to anal!lerdocumariL Duaifptlon of Attached Dacurnant
TIUeori»eofDocument _______ Pro....,..po_s_al_-...,C .. i_u:_of,__,Qarden..,_..,....,.Oro.......,ve...,.._ ____ _ Document Dais: _-'="-Ma=--y"""l,aa;0._20""'""'2.._2 _________ Number of Psgsa:

Slgl'ltl'(e) Olherlhan NamadAbove: __ ..,1,,No~n, ________________ _ CapKlf1(iea) Clalmed by ISgner(e)
Slgner'a Name: EmaN, Qartaor,
n lndlvid1Jal
X Corponrte Offlaer-TIile(&): Vim Pr,aldent
a Partner O o Umilecl a General
a Attorney In Fact
0Trustee
D Other: ______ _
Signer la RapreMflllng:

Tapaffunb~
8lgn111'a Name: ________ _
a lmllvldual
o l'altner □ a Umltad 0
Cl AHomay lf'I Fact
oTruatae
g Other.~,.._ ___ _

"
'ft'

ALL AMERICAN
--ASPHALT--
AN EQl,'At. OPPOPJUMTY EMPL<>Ylll
ALL AMERICAN AsPHALT
ALL AMERlCAN AGGREGATES

CORPORATE RESOLUTION
T 951-736-7600 P 9S1-739-4'71
P,O. eox 2229, CORONA. CA 9287&-222,,
CONTMtTONl LICWl 11267073 A.C12
Dll\#1000001051
Resolved, that this Corporation, All American Asphalt. on January 3, 202'2. authorizes Edward J. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice PresidCJlt. ., .. '

.. .
/j
•.
. aca srAi>~RD A
, . --ACTIWLICatl'E -
--287073
--ALL AMERICAN ASPHALT
---.A.012
• --· 01/31/2024
•
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• I
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t

Contractor Information
Lepl Entity Name
AU. AMERICAN ASPHALT
l.apl Entity 'Jype
COtporatlon
Status
Active
Rtglmatlon Number
lCCIDDD1D!l1
Registration effective date
7/1/2020
Registration expiration date
&/30(2023
MaillngAddnm
PO BOX 2229 CORONA 92878 CA United States ...

Phyllcal Addnus
400 E SD(TH ST CORONA 92879 CA United Stat& ...

Email Addte!IIS
nade Nama/DBA
Uainsa Numblll'(s)
CSLB:267073
CSlS:267073
Legal Entity Information
COtpimtlon Numller:
057879
Federal Employment [dentlflc:atlon Number:

Pnttlclent Name:

MARKWER
Vice Prukltnt NI.IMl

EDWARD J CARLSON
Tra111suNr Name:

Mla-lAl:L FARKAS
Sacrwblry Namll!

MIOIAEL FARKAS
CEO Name:

Apnt Qf Service Nanlei
MtCHAa FARKAS
Apint ofServlce Malnng Addreu:
400 E SDCfH ST CORONA 9::2879 CAUnlted Statas of Am..-!ca Workers Compensation
Registration History
EffiilctiVe Date Expiration Date
5/11/2018 6/30/20:1.9
5/8/2017 6/30/2018
5/2/2016 6/30/2017
6/9/2015 6/30/2016
8/25/20l4 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2023

- Do yciu lease amployees NQ
through Professlonal
Employer Organization
(PEO)?1
Please pravide your
currant workars
compensation Insurance
lnfonnatlon below:

PEO PEO PEO
PEO InformatlonName ?t\one Email
Insured by Canier
Polley Holder Name:AU AMERICAN ASPHAt.Unsurance Carrier:

ZURICH AMERICAN INSURANCE COMPANYPoUc;y Number:WC593205701Inceptlon date:
7 / 31/2019Explratlon Data:8/30 /2020

SECTION 3 • QESIGNAJJON Of BUBCDNTRACJORS/REFERENCC§B
The undersigned c8l1tfles that the sulrblda of Iha following Hated subcontractors have been uaed In making up this bid. and that the subcantractcn HIited will be used for the work for 'Mlich 1hey bid, subject to the approval of the Englneer1 and rn accordance with the appllcable provisions or the Speclft0aticns.

Blddefs Name All American Asphalt
UST OF PROpOSEQ SUBCONTRACTORS
AMK:had Copy otBII ,ubcpntn1ctoc1 DIR CeJ1111caf!
Each bldder is to sat forth beloW the name, llcanse number, and busfnaas addrea of eadi subcontractor with whom the bidder intends ta antar into auboontnlcts for the performance or any work In exca&8 of one-half of one percent crf the bidder'• to1al bid, and the por11on of the wor1< to be performed by each subcontractor. Sub&tltutlon of blddera may only be made In accordance with Section 4107 of the Government Code of the state of CaBfomia.

Subcontractons and Sub-Subcontrac:tars Identified herein must execute and deliver to the City the CWA Letter of Aaaent Incorporated Into tha Contract Dacumen1s as a condition fer a complete bid proposal.

1. 2.

3. 4.

5. 8.

Name of
§ubcontractor & r Addl'8M
Phone No.

Fax No.
9SI
'hf
1, -av
711/-l,J..8 t,oS
9tl'#;I 73 "' 3/)
~,i,.JSI" 1338
~ IO• /'JI&
..,,,, ,.,,~f#J
7,,, /J7 ,,, '11)
ttam of Worlcs
Total Amount$
Sd.W,
,s,,,,,,
$ ~, f4IJ ..

EXHIBITC

. ' .

RFP DEADLINE: Wednesday, May 11, 2022 at 11:00 a.m.
1 South Conference Room" City Hall
PROJECT NO.: "Various Streets Rehabilltatlon 2022"
·--, I
SlOB&'U-o,. •• e.Xdd~ a,:m BOND 6D~BNDU~ • AMQU}'JT 0F BiD -4
R.J, NOBLE
15505 E. LINCOLN AVE P.O. BOX YES YES $4,971,340.00 620 ORANGE, CA, 92856
PALP, INC DBA EXCEL PAVlNG
2230 LEMON AVE YES
LONG BEACH, CA 90806
YES $5,379,675·. 00
HARDY &. HARPER, INC.
32 RANCHO CIRCLE YES YES $5,140,000.00
LAKE FOREST, CA 92630

ALL AMERICAN ASPHALT
P.O. BOX 2229 YES YES $478,930.00
CORONA, CA 92878

• I •

EXHIBITD

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~~

ALL AMERICAN
--ASPHALT--
AN E®AA.P; 2'3~T~mY EMPLOYER
Ms. Teresa Pomeroy, CMC

CITY OF GARDEN GROVE
11222 Acacia Parkway
Garden Grove, Ca 92840
Re: Various Streets Rehabilitation 2022
Bid Award Date: May 11, 2022
Dear Ms. Pomeroy:

ALL AMERICAN ASPHALT

ALL AMERICAN AGGREGATES
T 951-736-7600 F 951-739-4671
P.O. Box 2229, CORONA. CA 92878-2229
CONTRACTORS LICENSE #267073 A,Cl2
DIR#l000001051
It has been brought to our attention that the above referenced bid award is under protest by R.J. Noble Co. at this time.

Please accept this as a statement of facts from our runner who personally delivered the bid in question.

The runner arrived at approximatively 9:20 am the morning of May 11, 2022, and as instructed she went to the address of 11222 Acacia Parkway and found that there was a sign (see attached) stating that the lobby was closed and was re-directed to 12860 Acacia Parkway. She made contact with an individual at that location and was given written instructions to contact the City Clerk's office by phone when the bid was ready to be submitted (see attached).

Prior to 11:00 am, our runner contacted the City's Clerks office by phone to notify them that the bid was ready to be submitted and a staff member from the Clerk's office was already outside to take possession of the documents. The staff member stamped and dated the sealed envelope prior to leaving sight of our runner acknowledging acceptance of the documents in a timely manner.

All procedures have been followed as it relates to the submission of this bid document. Should you have any further questions regarding this matter, please feel free to contact our offices at your earliest convenience.

Sincerely,

ALL AMERICAN ASPHALT
Michael S. Farkas
Corp. Secretary
Cc: Jim McGee - AAA PM

5/11/22, 9:21 AM Zimbra
Zimbra [email protected]
Bid Opening today at 11:00 a.m. (Various Streets Rehab 2022) From: Liz Vasquez <[email protected]> Wed, May 11, 2022 08:48 AM Subject: Bid Opening today at 11:00 a.m. (Various Streets Rehab 2022)
To: Aaron Hodson <[email protected]>, Kenneth Le
< [email protected]>
Cc: Navin Maru <[email protected]>, Nick Hsieh
<[email protected]>, Andrea Vital
<[email protected]>, Teresa Pomeroy
<[email protected] >
Good morning all!
fyi - we have a bid opening today at 11:00 a.m. If anyone arrives to submit a proposal, please have them call the City Clerk's office at (714) 741-5040.

Thank you,
Liz Vasquez, MPA
Deputy City Clerk
CitY. of Garden Grove
Tel. (714) 741-50431(714) 741-5040
Email: [email protected]
https://zimbra .ggcity.org/zimbra/h/printmessage?id=C :-261611 &tz=America/Los _ Angeles 1/1

~~

ALL AMERICAN
--ASPHALT--
AN E®AA.P; 2'3~T~mY EMPLOYER
Ms. Teresa Pomeroy, CMC

CITY OF GARDEN GROVE
11222 Acacia Parkway
Garden Grove, Ca 92840
Re: Various Streets Rehabilitation 2022
Bid Award Date: May 11, 2022
Dear Ms. Pomeroy:

ALL AMERICAN ASPHALT

ALL AMERICAN AGGREGATES
T 951-736-7600 F 951-739-4671
P.O. Box 2229, CORONA. CA 92878-2229
CONTRACTORS LICENSE #267073 A,Cl2
DIR#l000001051
It has been brought to our attention that the above referenced bid award is under protest by R.J. Noble Co. at this time.

Please accept this as a statement of facts from our runner who personally delivered the bid in question.

The runner arrived at approximatively 9:20 am the morning of May 11, 2022, and as instructed she went to the address of 11222 Acacia Parkway and found that there was a sign (see attached) stating that the lobby was closed and was re-directed to 12860 Acacia Parkway. She made contact with an individual at that location and was given written instructions to contact the City Clerk's office by phone when the bid was ready to be submitted (see attached).

Prior to 11:00 am, our runner contacted the City's Clerks office by phone to notify them that the bid was ready to be submitted and a staff member from the Clerk's office was already outside to take possession of the documents. The staff member stamped and dated the sealed envelope prior to leaving sight of our runner acknowledging acceptance of the documents in a timely manner.

All procedures have been followed as it relates to the submission of this bid document. Should you have any further questions regarding this matter, please feel free to contact our offices at your earliest convenience.

Sincerely,

ALL AMERICAN ASPHALT
Michael S. Farkas
Corp. Secretary
Cc: Jim McGee - AAA PM

5/11/22, 9:21 AM Zimbra
Zimbra [email protected]
Bid Opening today at 11:00 a.m. (Various Streets Rehab 2022) From: Liz Vasquez <[email protected]> Wed, May 11, 2022 08:48 AM Subject: Bid Opening today at 11:00 a.m. (Various Streets Rehab 2022)
To: Aaron Hodson <[email protected]>, Kenneth Le
< [email protected]>
Cc: Navin Maru <[email protected]>, Nick Hsieh
<[email protected]>, Andrea Vital
<[email protected]>, Teresa Pomeroy
<[email protected] >
Good morning all!
fyi - we have a bid opening today at 11:00 a.m. If anyone arrives to submit a proposal, please have them call the City Clerk's office at (714) 741-5040.

Thank you,
Liz Vasquez, MPA
Deputy City Clerk
CitY. of Garden Grove
Tel. (714) 741-50431(714) 741-5040
Email: [email protected]
https://zimbra .ggcity.org/zimbra/h/printmessage?id=C :-261611 &tz=America/Los _ Angeles 1/1

THE MOUZIS LAW FIRM

A P ROFES S IONAL CO RPO RATI O N

17671 IRVI NE BOU LEVARD
SU I TE 207
TU S TI N. CA 92780
TELEPH O NE (657) 600-8505
FAC S I MI LE (657) 600-8515
GE R A L D W. MO U Z I S

P A R T NE R
A M A N D A L. V O I V E D I C H

S E N I O R A S S O C I A T E
GERALD W. MOUZIS
GMOUZIS @MOUZISLAW .COM

May 27, 2022

VIA EMAIL ONLY

[email protected]
Omar Sandoval, Director
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626

VIA GSO OVERNIGHT EXPRESS MAIL

Ms. Teresa Pomery, CMC
Clerk, City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840

Re: Initial Response to Notice of Appeal of R.J. Noble Co.

Project: Various Streets Rehabilitation 2022
Client: All American Asphalt
Lowest Bidder: All American Asphalt
Bid Date: May 11, 2022

Dear Mr. Sandoval and Ms. Pomery:

As represented in my telephone conversation with Mr. Sandoval of May 24, 2022, please be advised that The Mouzis Law Firm, APC serves as legal counsel for All American Asphalt (hereinafter “AAA”) in connection with its response to the Notice of Appeal submitted on May 19, 2022 by R.J. Noble Co. (hereinafter “Noble”) involving bids submitted on the public work of improvement commonly referred to as the “Various Streets Rehabilitation 2022” project (hereinafter the “Project”).

It is our understanding that the formal Award of the contract for the Project was previously on the Agenda for the City Council meeting of May 24, 2022 for the City of Garden Grove (hereinafter the “City”). AAA requested that the Agenda item be continued to another date so that AAA could provide a formal response to the Notice of Appeal of Noble. The City

THE MOUZIS LAW FIRM
Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

graciously granted the requested extension, and the item is now on the Agenda for the City Council meeting of June 14, 2022, as confirmed by Mr. Sandoval telephonically and in my email of May 24, 2022.

Please allow this correspondence to serve as AAA’s Initial Response to the Notice of Appeal of Noble.

NOTICE OF INVITING BIDS/BID PACKAGE

On or about April 12, 2022, the City of Garden Grove (hereinafter the “City”) issued a Notice of Inviting Sealed Bids for the Project, with publication dates of April 15, 2022 and April 22, 2022 and a bid submission date and time of May 11, 2022 at 11:00 a.m.

The Notice of Inviting Bids incorporated Specification No. 770 for the Project. The Notice of Inviting Bids and Specification No. 770 both note that the Garden Grove City Hall is temporarily closed for construction and that bidders are to proceed to the back door of City Hall to deliver their bid proposals. Also, Specification No. 770 authorizes the City to waive any informality or irregularity in the bids received. (Spec. 770, §1B., subsection 6.)

The Bid Schedule did not call for a lump sum bid. Indeed, the Notice of Inviting Bids did not call for one proposal to be submitted to the City, but six separate proposals with six different schedules calling for separate unit price entries corresponding with various line items, depending on the segment of street rehabilitation work involved.

The six segments and corresponding line items are as follows:

1. Newland Street Rehabilitation From Trask Avenue to Garden Grove Blvd; Project No. CP – 1322000, Drawing No. A-1942; Line Item Numbers 1-27.

2. Mays Avenue Rehabilitation From Yockey Street to Magnolia Street, Project No. CP – 1323000, Drawing No. A-1941; Line Item Numbers 1-23.

3A. Hazard Avenue rehabilitation From Bushard Street to Ward Street, Project No. CP – 1296000, Drawing No. 1922; Line Item Numbers 1-24.

3B.McFadden Avenue Rehabilitation From Ward Street to 600’ East Project No.

CP – 1296000, Drawing No. 1922; Line Item Numbers 1-16.

4. Chapman Avenue Rehabilitation From Nelson Street to Ninth Street, Project No. CP – 132100, Drawing No. A-1940; Line Item Numbers 1-23.

5. Lampson Avenue Rehabilitation Harbor Boulevard to Haster Street, Project No. CP – 1297022, Drawing No. A-1936; Line Item Numbers 1-18.

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

In connection with the preparation of the bid form, Specification No. 770 specifically states as follows:

“The bidder shall state in words and figures, the unit prices or the specific sums, as the case may be, for which he/she proposes to perform the work as required by the specifications. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered as representing the bidder’s intention and the totals will be corrected to conform.” (Spec. 770, §A., subsection 1-Information for Bidders; emphasis added.)

The bid package also includes a proposed Construction Agreement, which specifies that the City will pay the Contractor full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in approved change orders, in a sum certain as itemized in the bid proposal. (Proposed Construction Agreement, §5.11; emphasis added.) By its clear and unambiguous language, the proposed Construction Agreement contemplates payment by the City for the cost of each of the line items of work specified in the six proposals submitted by the bidder who is awarded the Contract. The Contract is a unit price contract.

BIDS

As per Specification No. 770, the unit prices govern the amount bid by a contractor and reflect the bidder’s intention as to the amount of the bid. All of the unit prices per line item for each segment were posted by AAA next to the line item, with a total for all six segments bid by AAA of $4,789,300.00.

No mistake was made by AAA in the amount of each line item specified for each of the six proposals nor in the total amount reflected for each segment bid on the Summary of Bid Proposal. The total of the unit prices for each segment bid and the total of each segment reflected on the Summary of Bid Proposal confirm that AAA was the low bidder at $4,789,930.00. Noble was the next lowest bidder at $4,971,340.00, a difference of $182,040.00, a difference of approximately 3.67%.

On the Summary of Bid Proposal, however, an inadvertent variance exists wherein the total of the unit pricing for each segment was incorrectly recorded in figures and words as $478,930 as opposed to $4,789,930. A representative of the City then transferred the number without apparently checking the total amount of the line items to the City’s summary of bids, wherein the total figure of the bid is also reflected as $478,930.00.

As discussed more fully herein, the City, in conformity with its own Specification and consistent with the law, could have confirmed that the total amount reflected in AAA’s bid summary matched the total of the line items, as the amounts reflected in the line items for the six proposals govern. Regardless, the City can still correct the total amount to conform to the

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

amount of the unit pricing for each of the six segments, as the unit pricing is to be considered the bidder’s intention as to pricing for the Project. (Spec. 770, §A., subsection 1-Information for Bidders.)

NOBLE’S NOTICE OF APPEAL

Noble’s Notice of Appeal identifies three separate grounds for the appeal based on four claimed deviations in AAA’s bid from the call for bids. The four factual deviations are as follows:

1. AAA’s bid was not submitted in a sealed envelope;

2. AAA’s bid was submitted at 11:02 a.m., two minutes after the deadline;

3. AAA’s bid was submitted at the wrong location; and

4. AAA’s bid contains a “mistake” on pricing and, having failed to invoke the administrative procedures to correct a mistake set forth in Public Contract Code, section 5101, et seq., AAA’s bid is “nonresponsive” on price.

Noble’s position is not well taken and is not supported by the law or the language of the bid package of the City. Moreover, the declarations submitted by Noble in support of the Notice of Appeal lack the requisite foundation and would likely be excluded in a court of law.

LEGAL STANDARDS

A. Competitive Bidding

Generally, public entities and owners subject to the competitive bidding statutes are required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. (Public Contract Code, §20162, et seq.)1 Th e purpose of requiring owners of public works of improvement to open the contracts process to public bidding is to eliminate favoritism, fraud and corruption; avoid misuse of public funds; and stimulate advantageous marketplace competition. (§100; MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 369.) In other words, the bidding procedure is a safeguard for the protection of the public. Its purposes are to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent the waste of public funds; to obtain the best economic result for the public and to stimulate advantageous market-place competition. (Miller v. McKinnon (1942) 20 Cal.2d 83, 88; Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal.App.3d 449, 456; Domar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 173.) Indeed, the Legislature’s Statutory Note to §1103 states as follows:

1 Unless otherwise indicated, all statutory references are to the California Public Contracts Code.

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

“The Legislature hereby finds and declares that the establishment by public agencies of a uniform system to evaluate the ability, competency, and integrity of bidders on public works projects is in the public interest, will result in the construction of public works projects of the highest quality for the lowest costs, and is in furtherance of the objectives stated in Section 100 of the Public Contract Code.”
In this case, the City is a public agency, who must award the contract to the lowest responsible bidder. (§20111, et seq.).

B. “Responsible Bidder” vs. “Responsive Bid”

(1) “Responsible Bidder”

Public owners are required by law to award construction contracts (with certain exceptions) to the “lowest responsible bidder.” (§20111.) A public owner does have discretion, however, to determine whether a low bidder is “responsible,” but that determination is not without limits. The law specifies that a “responsible” bidder is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. (§1103; City of Inglewood v. Superior Court (Argo Construction) (1972) 7 Cal.3d 861, 867; Eel River Disposal and Resource Recovery, Inc. v. County of Humboldt (2013) 221 Cal.App.4th 209, 220-221; Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1450-1459; Boydston v. Napa Sanitation District (1990) 222 Cal.App.3d 1362, 1368-1369; Taylor Bus.

Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341-1343.)

No issue exists as to whether both AAA and Noble have the requisite quality, fitness, capacity and experience to perform a public works contract. They are both “responsible” bidders. Instead, the central issue is if AAA’s bid is responsive to the call for bids.

(2) “Responsive Bid”

A public owner must also determine whether a bid is responsive to the call for bids, i.e., whether the bid “promises to do what the bidding instructions demand.” (D. H. Williams Construction, Inc. v. Clovis Unified School District (2007) 146 Cal.App.4th 757, 764, citing Taylor Bus. Services, Inc. v. San Diego Board of Education (1987) 195 Cal.App.3d 1331, 1341.) In the usual case, the determination that a bid is nonresponsive is not based on disputed facts, does not involve the exercise of agency discretion, and does not require a hearing for the excluded bidder. (Taylor Bus. Services, Inc., supra, 195 Cal.App.3d at pp. 1342-1343; see Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1453 [“usually the question of responsiveness can be determined simply by looking exclusively at the face of the bid”].)

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

(a) Inconsequential Deviations or Variations from Bid Documents

It is well settled that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance could not have affected the amount of the bid or have given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. (Valley Crest, supra, at p. 1441; Konica Business Machines, supra, at p. 454, quoting 47 Ops. Cal. Atty. Gen. 129)

In Ghilotti Construction Company v. City of Richmond (1996) 45 Cal. App.4th 897, 900, California’s First Appellate District stated as follows:

“. . . we hold that a public entity may waive inconsequential deviations from contract specifications in a public contract bid. To be considered inconsequential, a deviation must neither give the bidder an unfair competitive advantage nor otherwise defeat the goals of insuring economy and preventing corruption in the public contracting process.” (Emphasis added.)

(See also MCM Construction, Inc., supra; Menefee v. County of Fresno (1985) 163 Cal.

A
pp.3d 1175.)

AAA’S RESPONSE TO NOBLE’S NOTICE OF APPEAL

Noble’s Claim that AAA Did Not Comply with the City’s Procedures in Physically Delivering the Bid to the City

Noble claims that AAA failed to comply with the procedures set forth in call for bids in three ways: (1) AAA’s bid was not submitted in a sealed envelope; (2) AAA’s bid was submitted at 11:02 a.m.; and (3) AAA’s bid was submitted at the wrong location. These claims do not challenge the substance of AAA’s bid, but the physical manner in which the bid was submitted.

AAA complied with the bid package in the actual personal delivery of its bid. Indeed, the information provided not only by AAA but also by the City Clerk to Mr. Sandoval confirm that AAA was in full compliance with the procedures set forth in the bid package and directions provided to bidders on site.

On May 23, 2022, Michael S. Farkas, Corporate Secretary of AAA, directed correspondence to Ms. Teresa Pomery of the City which reflects that AAA’s runner arrived at the City at 9:20 a.m. and proceeded to 11222 Acacia Parkway, the address specified in the Notice of Inviting Bids for the physical submission of bids. Upon arriving at that address, however, she discovered a sign stating that the lobby was closed but to proceed to 12860 Acacia Parkway. At that location, she made contact with an individual, who advised her to contact the City Clerk by telephone when the bid was ready to be submitted. Prior to 11:00 a.m., AAA’s runner contacted the City Clerk. A staff member of the City was already outside, who time

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

stamped and dated the sealed envelope prior to AAA’s runner leaving the site. The bid was accepted by the City.

This same factual scenario was confirmed by the City as being accurate in Mr.

Sandoval’s email of May 20, 2022, which Navin B. Maru, Associate Engineer of the City, then sent to Jim McGee of AAA.

The clear weight and reliability of the evidence reflects that AAA complied with all directions for the submission of bids set forth in the call for bids and the modifications thereto on site that morning. Had AAA not complied with procedures in the bid package and on site for the submission of the bid, the City would not have accepted the bid.

In response, however, Noble submitted two virtually identical and repetitive declarations to support the claimed deviations, one from Steve Mendoza (Noble’s Chief Estimator) and the other from Brandon Spiers (an Estimator with Noble). In effect, they both state that they submitted Noble’s bid before 11:00 a.m. on May 11, 2022, and then waited at some undisclosed location in the parking lot, at which time they claim “the AAA runner” delivered an unsealed package to “another woman,” whose identity was never obtained, and that this other woman entered the premises at 11:02 a.m. No evidence is provided as to each of these individual’s location in the parking lot, the distance from their location to where they purportedly saw the delivery of AAA’s bid, and how they determined that the envelope was unsealed at the precise time it was handed to some unidentified woman at the City.

As referenced above, AAA complied with the bid package in the actual personal delivery of its bid. Indeed, the information provided not only by AAA but also by the City Clerk to Mr.

Sandoval rebut Noble’s rendition of the facts. Again, had AAA not complied with the procedures for submission of the bid timely, the City would not have stamped the document as accepted. AAA was in full compliance.

Noble’s Claim Involving AAA’s Pricing

Noble claims that, notwithstanding the bid Specification that unit prices govern and that the City can change amounts reflected as total sums to conform with the amount of unit prices, AAA’s entry of $478,930.00 render’s AAA’s bid non-responsive, such that an award of the contract should be made to Noble as opposed to AAA for the increased amount of Noble’s bid.

Two related grounds appear to be proffered by Noble to support this position: (1) AAA did not avail itself of the administrative procedures set forth in sections 5101, et seq. to correct a “mistake” in their bid; and (2) the error in arriving at a total of the line item figures in writing and by words is not an inconsequential or immaterial deviation which can be waived by the City.

On both grounds, Noble’s position is not well-taken.

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

A. Claim that AAA’s Price was a “Mistake” in Need of Correction Through the Administrative Process

1. Public Contract Code, Section 5101, et seq. Does Not Apply and the Administrative Process Set Forth Therein Was Never Triggered

A bidder shall not be relieved of a bid unless by consent of an awarding authority nor shall any change be made in the bid because of mistake. (§5101; emphasis added.) Instead, the bidder may bring an action against the public entity for the recovery of an amount forfeited by the mistake in the bid. (§5101; emphasis added.)

Prior to bringing such an action, however, an administrative procedure is to be exhausted. (§5103.) Prior to filing a legal action, the bidder must establish that a mistake was made; that notice of a mistake contemplated by section 5101 was provided within five working days of the discovery of a mistake; that the mistake made the bid materially different than the bidder intended; and that the mistake was not made due to an error in judgment or to carelessness in inspecting the site or in reading the plans and specifications, but merely in filling out the bid documents. (§5103.)
Neither section 5101 nor section 5103 apply to the instant dispute.

By the language of section 5101, AAA would not be seeking an amount forfeited by any mistake in the completion of the bid documents. Indeed, the City exhibited tremendous foresight by realizing that a variance may exist between unit price line items and a total amount reflected for line items, thereby indicating that unit prices would govern, and that an incorrect total of unit pricing could be corrected by the City to conform to the amount of the unit prices. (Spec. 770, §A., subsection 1-Information for Bidders.) Here, AAA would not be seeking any correction to the unit prices, as AAA is bound to the unit prices. The change would only be to one entry, from $478,930 to $4,789,930, the amount intended to be the total bid price based on unit pricing for the six separate proposals, and the corresponding word description. Such a procedure is mandated by Specification 770 and would not violate section 5101(a).

As such, any notice provided under section 5103 would not reflect that the mistake involved pricing that was “materially different” from the amounts submitted in the proposals.

The total figure does not govern. The unit pricing does. The change to the total figure would simply conform the amount reflected on that line of the Summary of Bids to the existing total of unit pricing.

Therefore, since the City was empowered and indeed obligated to correct the inadvertent variance between the unit pricing and the total amount reflected, and since there would be no material difference set forth in any administrative procedure initiated by AAA, the bid submitted by AAA is responsive to the call for bids. Section 5101 and 5103 do not apply to render AAA’s

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J. Noble Co.

May 27, 2022

bid non-responsive. At most, the inadvertent variance between the unit pricing and the total reflected of unit pricing constitutes an immaterial or inconsequential deviation which can and should be waived by the City.

2. No Material or Consequential Deviations Exist in the Price of AAA’s Bid

Again, the legal standard is whether the variance provided AAA with an unfair competitive advantage not afforded other bidders. AAA did not receive any such advantage.

The unit prices have not changed. Correcting the amount reflected as the total of the unit prices as per Specification 770 would not provide AAA with a competitive advantage. AAA is bound by those prices in bidding the job. The amount of $4,789,930, the total of the unit pricing, would constitute the Contract amount. (See Konica, supra at p. 454.)

Against this standard, a plethora of case law provides guidance in determining “immaterial” and “inconsequential” deviations from the call for bids.

In Menefee, supra, the court held that the failure to sign the bid did not constitute an unfair advantage to the low bidder and could be waived. (163 Cal. App. 3d at p. 1181.) Thus, section 5103 did not apply. (Id. at p. 1181.). Conversely, in Valley Crest, supra, the court concluded that the initial disclosure by the low bidding contractor of the percent of work to be performed by subcontractors (83 percent contrary to the bid specifications capping the percent of subcontractor work at 50%), and then after initial bid submission, permitting the bidding contractor to change the percentages to 44.65 percent, constituted an unfair competitive advantage thus rendering the bid non-responsive. In Ghilotti, supra, the low bidding contractor’s failure to comply with the bid specifications involving the percent of subcontractor work was deemed inconsequential and immaterial, as it did not change the dollar amount of the lowest bid.

In MCM Construction, supra, the court concluded that MCM’s failure to list the dollar amount of subcontractor work pursuant to the City of San Francisco Administrative Code was a material deviation from the call for bids, as it affected the price of the bid and issues involving the forfeiture of the bid bond. More recently, in DeSilva Gates Construction LP v. Department of Transportation (2015) 242 Cal. App.4th 1409, the court concluded that the bid of the low bidder was responsive even though a difference existed between the subcontractors listed in the original bid and those in a 24-hour contractor list required for submission, again because it did not impact price.

Consistent with Specification No. 770, correcting one line of AAA’s bid to reflect the accurate total of unit prices without any impact on the total unit price of the bid does not render AAA’s bid non-responsive. The correction is called for in the Specification, would not violate sections 5101 and 5103, and constitutes the correction of an “immaterial” and “inconsequential” variance in the Summary of Bids.2

2 It should be noted that any attempt by the City to hold AAA to a bid price of $478,930.00, contrary to Specification No. 770 when such a price does not govern AAA’s bid amount, would be unconscionable and contrary to law. (See M.F. Kemper v. City of Los Angeles (1951) 37 Cal.2d 696.)

Mr. Sandoval & Ms. Pomery
Re: Initial Response to Notice of Appeal of R.J Noble Co.

May 27, 2022

CONCLUSION
In closing, the City does have broad discretion to reject all bids and re-bid the Project.

However, such a step should only be taken when compelling reasons exist. As stated more than 75 years ago in Massman Const. Co. v. US. (1945) 102 Ct. CL 699; 60 F.Supp. 635, cert. den. 325 S.Ct. 86:
"To have a set of bids discarded after they are opened and each bidder has learned his competitor's price is a serious matter, and it should not be permitted for cogent reasons."
Instead of rejecting all bids and re-bidding the Project, the City is required to make the formal Award of the Contract to AAA as the lowest responsible bidder. Substantial evidence exists that AAA complied with the call for bids. As per the bid Specification, the City is required to correct the amount reflected as AAA's total amount for all six segments in the Summary of Bids to conform with the unit prices reflected for all six proposals submitted by AAA, which total $4,789,930.00. An award of the Contract to AAA would not be arbitrary and capricious and would not be entirely lacking in evidentiary support. To the contrary, it would reflect a stewardship of public funds by awarding the Project to AAA in an amount $182,040.00 less than Noble's bid, consistent with the policy behind competitive, i.e., to prevent the waste of public funds, to obtain the best economic result for the public and to stimulate advantageous market-place competition. (Miller v. McKinnon, supra; Konica Business Machines, supra; Damar Electric, supra.)
Thank you again for affording AAA additional time to submit this formal Response to the Notice of Appeal of Noble. We look forward to the City's Award of the Contract on June 14, 2022 to AAA as the lowest responsible bidder on the Project.

Very truly yours,

THE MOUZIS LAW FIRM
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VIA PERSONAL DELIVERY
City of Garden Grove City Council
c/o City Clerk-Teresa Pomeroy, CMC
11222 Acacia Parkway
Garden Grove, California 92840
June 7, 2022
4695 MacArthur Court, Suite 370
Newport Beach, California 92660
Sender's Email:
[email protected]
Re: Notice of Appeal
Project:

Project Awarded To:

VARIOUS STREETS REHABILITATION 2022
All American Asphalt
Award Date: May 11, 2022
The Honorable City of Garden Grove City Council:

Please accept this correspondence as a supplement to R.J. Noble Co.'s ("RJNC") May 19, 2022, Notice of Appeal, specifically to address the points raised by counsel for All American Asphalt ("AAA") in his May 27, 2022, Initial Response to the Notice of Appeal (''the Response"). RJNC understands this matter will be taken up by the City of Garden Grove City Council on June 14, 2022. If this date has changed, please let me know.

II I
II I
9665 Chesapeake Dr., Suite 305 ■ San Diego, California 92123 ■ Tel: (858) 549-2800 Fax: (858) 549-3700 4695 MacArthur Court, Suite 370 ■ Newport Beach, California 92660 ■ Tel: (949) 554-1570 Fax: (949) 554-1571 7041 Koll Center Parkway, Suite 120 ■Pleasanton.California 94566 ■ Tel: (925) 400-9575 Fax: (925) 400-9576 331 J St., Suite 200 ■ Sacramento, California 95814 ■ Tel: (916) 447-2500 Fax: (916) 447-2501 7310 N. 16th St., Suite 227 ■ Phoenix, Arizona 85020 ■ Tel: (602) 508-3127 Fax: {602) 508-3129

The City of Garden Grove City Council
Re: Notice of Appeal
June 7, 2022

Clearly the policies underlying the Public Contract Codes, specifically the promotion of obtaining the best economic results for public agencies and avoiding favoritism, extravagance, fraud, and corruption, all require bids to be received pursuant to a fair, uniform set of rules that are enforced equally among all bidders. Two of the elements of any bid instructions that are most amenable to bright line rules are the time and the place for submission of a bid. In this case, AAA admits in the Response it delivered its bid to 12860 Acacia Parkway -the wrong address. Moreover, AAA acknowledges its bid was delivered to the parking lot of 12860 Acacia Parkway where a City employee took it from them. This is contrary to the express bid instructions which specifically instructed bidders to deliver the bids to the back door of City Hall located at 11222 Acacia Parkway.

The Garden Grove City Hall lobby is temporarily closed for construction.

Bidders can hand delivered [sic] their bid proposals at the back door of the City Hall prior to or by the deadline.

All other bidders for the subject project successfully, and without issue, were able to comply with the location set forth in the Notice of Inviting Bids. Thus, why AAA was unable to do this is unknown.

In the Response, AAA seemingly ignores the fact that RJNC provided evidence under penalty of perjury that AAA's bid was received after the 11 :00 am deadline. There is no evidence presented by AAA that in fact its bid was timely received. If the runner had arrived at 9:20 a.m. as set forth in the Response, it seems one hour and forty minutes would be ample time to get from the front of City Hall to the back door as required by the Notice Inviting bids. Moreover, RJNC suspects there is likely video surveillance evidence that supports the fact AAA's bid was not timely submitted, and as such, AAA was unable and unwilling to attempt to contradict this.

Setting aside these two seemingly unambiguous requirements of the bid that AAA failed to comply with, AAA argues that the City is permitted to correct a discrepancy between the total of the unit prices and the total amount of the contract. RJNC disagrees with this based upon the case law cited in its Notice of Appeal. However, beyond that, AAA's total for Section 3A (Hazard Avenue Rehabilitation) shows a price of $167,501. Using this figure, AAA's bid would have been $3,798,930 -a difference of $1,000,000 from the total re-calculated by the City. Thus, a correction to both this section of the bid and the total were required in order to even evaluate AAA's bid. Such corrections are prohibited under California case law.

Finally, one item of the Response RJNC agrees with is the conclusion by AAA wherein AAA suggests rejecting all bids and re-bidding the project would be inappropriate. RJNC believes the City should reject AAA's bid as non-compliant, and award the bid to the lowest, compliant, responsible bidder -RJNC.
9665 Chesapeake Dr .. Suite 305 ■ San Diego, California 92123 ■ Tel: (858) 549-2800 Fax: (858) 549-3700 4695 MacArthur Court, Suite 370 ■ Newport Beach. Callfornia 92660 ■ Tel: (949) 554-1570 Fax: (949) 554-1571 7041 Koll Center Parkway, Suite 120 ■ Pleasanton, California 94566 ■ Tel: (925) 400-9575 Fax: (925) 400-9576 331 J St., Suite 200 ■ Sacramento, California 95614 ■ Tel: (916) 447-2500 Fax: (916) 447-2501 7310 N. 16th St., Suite 227 ■ Phoenix, Arizona 85020 ■ Tel: (602) 508-3127 Fax: {602) 508-3129

The City of Garden Grove City Council
Re: Notice of Appeal
June 7, 2022

Thank you, and please feel free to contact me in advance of the June 14th Council meeting should you have any questions.

MTC:jb
cc: Austin Carver (Via Email Only)
Very truly yours,

COLLINSWORTH, SPECHT,

CALKINS & GIAMPAOLI, LLP
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MARKT. COLLINSWORTH, ESQ.

Omar Sandoval [email protected] (Via Email)
9665 Chesapeake Dr., Suite 305 ■ San Diego, California 92123 ■ Tel: (858) 549-2800 Fax: (858) 549-3700 4695 MacArthur Court, Suite 370 ■ Newport Beach. California 92660 ■ Tel: (949) 554-1570 Fax: (949) 554-1571 7041 Koll Center Parkway, Suile 120 ■ Pleasanton, California 94566 ■ Tel: (925) 400-9575 Fax: (925) 400-9576 331 J St.. Suite 200 ■ Sacramento, California 95814 ■ Tel: (916) 447-2500 Fax: (916) 447-2501 7310 N. 16th 51., Suite 227 ■ Phoenix, Arizona 85020 ■ Tel: (602) 508-3127 Fax: {602) 508-3129

- 61 –

C O N S T R U C T I O N A G R E E M E N T

R J NOBLE COMPANY

THIS AGREEMENT is made this 14th day of June, 2022 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and R J NOBLE COMPANY , hereinafter referred to as ("CONTRACTOR").

RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove City Council Authorization dated June 14, 2022.

2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the VARIOUS STREETS REHABILITATION 2022.3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications, and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.

"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.

SECTION 5 - AGREEMENT (Continued)

- 62 –

5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.

5.3 Project. The PROJECT is described as: VARIOUS STREETS REHABILITATION 2022.5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: VARIOUS STREETS REHABILITATION 2022. Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion. CONTRACTOR shall have ten (10) working days from the award of the Contract to execute the Contract and supply the CITY with all the documents and information required by the Instructions to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to provide the required documents and information within the ten (10) city working days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

The Contract time shall commence on the fifteenth (15 th) calendar day following the Notice to Proceed issued by the City and the CONTRACTOR agrees to submit shop drawings within fourteen (14) calendar days. Further, upon receipt of the Notice to Proceed, the CONTRACTOR shall diligently prosecute the work within 180 (One Hundred and Eighty) working days to completion as required per the plans and specifications excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.

5.6 Time is of the Essence. Time is of the essence of this Contract.

Contractor shall have fourteen (14) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the fourteen (14) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsible and responsive bidder.

SECTION 5 - AGREEMENT (Continued)

- 63 –

As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.

5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR'S reasonable control.

CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.

No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2006 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.

5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.

CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.

5.9 Changes in Project.

5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:

SECTION 5 - AGREEMENT (Continued)

- 64 –

a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.

If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request.

Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change.

The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue. CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.

5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs

5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.

5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.

SECTION 5 - AGREEMENT (Continued)

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5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract.

CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.

5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of Twenty Five Hundred Dollars ($2,500.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.

5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Four Million Nine Hundred and Seventy One Thousand Three Hundred and Forty Dollars and No Cents ($ 4, 971,340.00) as itemized in the bid proposal.

Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of the Notice of Completion.

Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.

5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to California Public Works Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.

SECTION 5 - AGREEMENT (Continued)

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5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier.

5.14 CONTRACTOR 's Employees Compensation

5.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wag e rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question."

5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY , forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

5.14.3 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).

5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or

SECTION 5 - AGREEMENT (Continued)

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permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.

5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for labors, every two weeks to the Engineer. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored. Should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.

5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a) (2).

5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

5.15 Surety Bonds. CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds

SECTION 5 - AGREEMENT (Continued)

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submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M.

Best's rating of A-, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY."

5.16 Insurance.

5.16.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination at least thirty (30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, Claims made and modified occurrence policies shall not be accepted for any policy, unless otherwise indicated. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this contract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.

5.16.2 CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

5.16.3 CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, and shall issue a waiver of subrogation.

5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

Additional Insured Endorsements, ongoing and products-completed operations, for the Commercial General Liability policy , including mobile equipment and not excluding XCU and on the Contractors’ Pollution Liability policy, if available. Endorsements shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, 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 (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 28; and CG 20 37 forms if later revisions used). Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY.

SECTION 5 - AGREEMENT (Continued)

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Contractor’s Pollution Legal Liability : Insurance companies must be acceptable to City and have a Best’s Guide Rating of A - Class VII or better, as approved by Authority. If policy is written on a claims-made form:
1) The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy with a retroactive date prior to the contract effective date, the CONTRACTOR must purchase an extended period coverage for a minimum of three (3) years after completion of the contract work. 4) A copy of the claims reporting requirements must be submitted to the CITY for review.

Automobile Liability policy and shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, 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. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).

A Loss Payee Endorsement for the Course of Construction policy designating the City of Garden Grove as Loss Payee. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY.

In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required here in, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY.

For any claims related to this Project, the CONTRACTOR’s insurance coverage shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by

SECTION 5 - AGREEMENT (Continued)

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the CITY, shall be excess of the CONTRACTOR’s insurance and not contribute with it.

5.16.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better:

Workers’ Compensation As required by the State of
California.

Employer’s Liability

Not less than $1,000,000 per
accident for bodily injury or disease.

Commercial General Liability
(including on-going operations, products
- completed operations, and mobile
equipment, and not excluding XCU)

Contractor’s Pollution Legal Liability

Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.

Not less than $1,000,000 per
occurrence

Automobile Liability, for all automobiles
including non-owned and hired vehicles
Not less than $2,000,000 combined
single limit for bodily injury and
property damage.

Follows Form Excess Liability

Required for any underlying policy
that does not meet the underlying
policy limits required herein.

If contractor maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher limits otherwise maintained by the CONTRACTOR.

CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.

SECTION 5 - AGREEMENT (Continued)

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5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.

CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the sole negligence or sole willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.

5.18 Termination.

5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.

5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.

5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.

5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY’s designs, drawings and specifications.

The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY

SECTION 5 - AGREEMENT (Continued)

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may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.

The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements.

Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.

5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.

TO CITY: TO CONTRACTOR:

City of Garden Grove. R J Noble Company
Public Works Department Steven L. Mendoza, Secretary
Attention: Navin Maru Or Nick Hsieh 15505 E. Lincoln Avenue 11222 Acacia Parkway Orange, CA 92865
Garden Grove, CA 92842 (714) 637-1550
(714) 741-5180 or 5190 (714) 637-6321 Fax
(714) 741-5578 Fax

[SIGNATURES ON NEXT PAGE]

SECTION 5 - AGREEMENT (Continued)

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IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.

Date: "CITY"

CITY OF GARDEN GROVE

By:

Scott C. Stiles
City Manager
ATTEST:

City Clerk

Date:
"CONTRACTOR"

R J Noble Company

CONTRACTOR'S State License No. A-782908
(Expiration Date: August 31, 2022

CONTRACTOR'S DIR No.1000004235
Attached Copy of your DIR Certificate.

By:

Title:

Date:

APPROVED AS TO FORM:

______________________________
Garden Grove City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

Date___________________________

Agenda Item - 6.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Second reading of Ordinance
No. 2935
Date: 6/14/2022
Attached for second reading and recommended for adoption is Ordinance No. 2935.

ATTACHMENTS:

Description Upload
Date Type File Name
Ordinance
2935 6/8/2022 Ordinance 2935_GG_Ordinance_Adopting_the_GGPD_Military_Equipment_Use_Policy_(5- 24-22).docx

1684244.1
ORDINANCE NO. 2935

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE

ADOPTING THE GARDEN GROVE POLICE DEPARTMENT MILITARY
EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE 7071

City Attorney Summary

This Or dinance adopts the Garden Grove Police
Department Military Equipment Use Policy pursuant
to Government Code 7071.

WHEREAS, the mission of the Garden Grove Police Department (Department) is to provide the highest quality police services to the communities it serves; and

WHEREAS, the Department values transparency and public input, and welcomes open dialogue about its practices and operations; and

WHEREAS, the preservation and sustainability of public safety, civil rights, and officer safety is paramount; and

WHEREAS, the Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic environments; and

WHEREAS, a variety of equipment options is needed for safe and effective resolution of those situations; and

WHEREAS, each situation is evaluated by incident commanders or supervisors who, based on circumstances and Department directives, determine which equipment should be used; and

WHEREAS, the Department’s diverse catalogue of mil itary equipment, as defined in state law, and associated training gives police officers the confidence and capability to deescalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution; and

WHEREAS, from time to time, the Department may be asked to assist or need to be assisted by other law enforcement agencies, which may include use of military equipment, as defined in state law; and

WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and

WHEREAS, Assembly Bill 481 (AB 481) became effective on January 1, 2022; and

Garden Gove City Council
Ordinance No. 2935

1684244.1
WHEREAS, AB 481 defines military equipment in Government Code section 7070(c) to incl ude a wide range of equipment as described in the Department’s Military Equipment General Order No. 2.29; and

WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by an ordinance adopting its General Order No. 2.29 prior to r equesting military equipment from the federal government, seeking funds for military equipment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in Garden Grove, using any new or existing military equipment in a manner not previously approved by the City Council, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; and

WHEREAS, to promote pub lic safety, civil rights, and officer safety, the Department desires to continue using, seeking funding for, acquiring, and collaborating, when necessary, with other law enforcement agencies, in the use of the military equipment described in its General Order No. 2.29; and

WHEREAS, the Department presented its General Order No. 2.29 to the City Council at its regular meeting on April 12, 2022, and the Council has examined the Department’s General Order No. 2.29 and finds that the Police Department has submitted all information described in Government Code section 7070(d), enabling the City Council to make the findings in this ordinance; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council finds that the military equipment described in General Order No. 2.29 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that General Order No. 2.29 will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that continued use of existing military equipment and purchase of military equipment described in General Order No. 2.29 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that the Department will ensure use of existing military equipment described in General Order No. 2.29 will comply with the General Order in the future; and

WHEREAS, the Department’s General Order No. 2.29 has been prepared as its proposed military equipment use policy, and it has been published on the Garden Grove Police Department’s internet website since April 12, 2022.

Garden Gove City Council
Ordinance No. 2935

1684244.1

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:

SECTION 1: The foregoing recitals are hereby incorporated in full and adopted as the City Council’s findings pertaining to the Garden Grove Police Department’s Military Equipment Use Policy.

SECTION 2: Based on the above recitals and findings, and the information provided to the City Council at the public meeting, the City Council determines that General Order No. 2.29 of the Garden Grove Police Department complies with standards for approval under Government Code section 7071:

1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. General Order No. 2.29 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All military equipment use prior to the adoption of General Order No.

2.29 complied with applicable Department policy in effect at that time, and adoption of General Order No. 2.29 will ensure future compliance.

SECTION 3 : Garden Grove Police Department General Order No. 2.29 pertaining Military Equipment, establishing the Department’s Military Equipment Use Policy is hereby approved and adopted.

SECTION 4: The City Council approves seeking funds for military equipment described in General Order No. 2.29, including grants and donations, acquiring military equipment described in General Order No. 2.29, collaborating as needed with another law enforcement agency in the deployment or use of military equipment in Garden Grove or Orange County, using existing military equipment as described in General Order No. 2.29, and soliciting or enterin g into an agreement for funds, acquisition, use of, or collaboration for use of military equipment described in General Order No. 2.29.

SECTION 5: That this approval is not intended to and shall not supersede existing procedures to seek approval for the appropriation and expenditure of specific funds through the bi-annual budget process, or existing processes for the approval and execution of contracts, donations, and grants.

Garden Gove City Council
Ordinance No. 2935

1684244.1
SECTION 6: That the City Council shall review this Ordinance annually and vote whether to renew the Ordinance, consistent with the requirements of state law.

SECTION 7: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the val idity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 8: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinan ce and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ______.

MAYOR
ATTEST:

_______________________________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on May 24, 2022, with a vote as follows:

AYES: COUNCIL MEMBERS: (5) BRIETIGAM, O’NEILL, NGUYEN D., NGUYEN K., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (2) BUI, KLOPFENSTEIN