2024-08-20 CC Agenda - Public Communication - Misc. - PW 24-08 Pavement Rehabilitation Project2024-08-20 PUBLIC COMMUNICATION
PUBLIC COMMUNICATION - MISC. - PW 24-08 PAVEMENT REHABILITATION PROJECT
FELDMAN & ASSOCIATES, INC.
ATTORNEYS AT LAW
11030 SANTA MONICA BOULEVARD
SUITE 109
Los ANGELES, CALIFORNIA 90025
(310) 312-5401
FACSIMILE (310) 312-5409
August 8, 2024
VIA EMAIL
City of El Segundo Public Works Department
Floriza Rivera
Principal Engineer
350 Main Street
El Segundo, CA 90245
fri� crar elscaund�l.or,
Re: Dash Construction Company Inc. / City of El Segundo
Project: FY 24-25 Pavement Rehabilitation Project ("Project")
Bid No.: PW 24-08
Awarding Body: City of El Segundo ("City")
Dear Ms. Rivera:
This law firm represents Dash Construction Company, Inc. ("Dash"). Dash, a general
contractor, bid this project on July 2, 2024, and should be deemed the low bidder on the above -
referenced Project. The purpose of this letter is to formally protest awarding the Project to LCR
Earthwork & Engineering, Corp. ("LCR") whose bid was non -responsive.
In addition, Dash requests the following:
That this letter serve as a protest against the award of the above contract to anyone other
than Dash.
Mailed notice of all meetings of the awarding authority at which any issues pertaining to
the award to the contract are on the agenda for meeting pursuant to Gov. Code § 54954.1
3. That Dash be informed by telephone or fax or email as soon as any staff reports or
recommendations concerning any issues pertaining to the award of the contract are
available to the public, so that we can immediately inspect those reports or
recommendations.
4. The ability to address the awarding authority before or during consideration of any issues
pertaining to the award of the contract pursuant to Gov. Code § 54954.3(a).
For the reasons stated below, the LCR bid is not responsive and must be rejected
according to California law.
LEGAL AUTHORITIES
Before addressing the arguments raised by Dash below, a correct understanding of the
law as it applies to Bid Protests is an important first step.
California law mandates that a public entity must competitively bid public works
contracts and award the contract to the lowest responsible bidder that submits a responsive bid.
MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 368.
To be responsive, a bid must conform to the material terms of the Instructions. See
Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175. A bid that varies materially from the
specifications must be rejected. Stimson v. Hanley (1907) 151 Cal. 379. The material terms of a
bid are (1) those that affect price, quantity, quality, or delivery and (2) those terms that the bid
package clearly identifies as mandatory. Id. A bid fails to comply materially with the bid
package if it gives the bidder a substantial economic advantage or benefit not enjoyed by other
bidders. Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175.
In other words, if a bid is not responsive, it cannot be accepted.
ARGUMENT
For the following reasons, the City should award the Project contract to Dash, the lowest
responsive and responsible bidder.
I. LCR's Bid Failed to Fulfill a Mandatory Requirement
Addendum No. 1 explicitly states that "[a]s evidence that the BIDDER has read this
Addendum, the BIDDER must acknowledge same in the space provided below and submit this
Addendum with the Proposal. Failure to provide such acknowledgment shall render the proposal
as non -responsive and subject to rejection." (emphasis added).
Here, LCR failed to submit the acknowledgment of the Addendum
("Acknowledgement") with its Proposal. A copy of LCR's proposal is attached as Exhibit "A."
The language of the Addendum referenced above makes it clear that LCR's failure to submit the
Acknowledgment is a material variance.
The failure to submit the Addendum and acknowledge it allowed LCR the ability to
withdraw its bid. This gives LCR an economic advantage not enjoyed by others and makes an
award to LCR illegal.
Therefore, the City (1) cannot waive the material variance, and (2) must reject LCR's bid
for non -responsiveness. In fact, the City is required by law to reject LCR's non -responsive bid
and award the Project to Dash, the lowest responsive bidder. The City will be in violation of
California law should it proceed with awarding the Project to LCR.
SUMMARY
The bid of LCR is non -responsive and must be rejected due to the fatal errors in its Bid.
However, Dash's bid was fully responsive to the bid invitation; and Dash is a responsible
contractor. Therefore, the City must deem the bid of LCR as non -responsive, and award the
Project to Dash.
Very Truly Yours,
John Paul Cosico, Esq.
for FELDMAN & ASSOCIATES, INC.
Cc: Client
Mark A. Feldman, Esq.
EXHIBIT A
PROPOSAL
FOR THE
FY 24/25 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 24-08
Date July 2 2024
Company Name: LCR Earthwork & Engineedng Corp
TO THE CITY OF EL SEGUNDO: ,
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the contract
documents, access and any other field conditions which may affect bid prices. If this proposal
is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at
the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands
that failure to enter into a contract in the manner and time prescribed will result in forfeiture to
the City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities
set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE
OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE
ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid
include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the
amounts bid, unit prices shall govern over extended amounts, and words shall govern over
figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award
of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for
signature by the Awardee, the proceeds of the security accompanying this bid shall become the
property of the City of El Segundo and this bid and the acceptance hereof may, at the City of
El Segundo's option, be considered null and void.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity
orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRINIATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such affirmative
actions have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal
employment opportunity requirements of the contract documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are
those named herein: that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection
to any other individual, firm, or corporation making a bid for the same work and that this proposal
is in all respects fair and without collusion or fraud.
I-C-2
BID SCHEDULE
FY 24/25 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 24-08
Company Name: LCR Earthwork & Engineering, Corp.
ITEM
... DESCRIPTION
QUANTITY
UNIT
UNIT
PRICE (S)
ITEM
TOTAL (S)
NO.
Mobilization/demobilization
$75,000.00
$75,000.00
1
including traffic control
1
LS
(maximum 5% of total bid
2
2-inch-deep asphalt repairs
15,000
SF
$5.o0
$75.000.00
Full depth 6" asphalt concrete
$20.00
$40,000.00
3
over 6" crushed aggregate base
2000
SF
asphalt repairs
4
Slurry seal Type II application
635,284
SF
$.28
$177,879.52
On slurry seal streets,
mechanically remove and
$63,000.00
$63,000.00
5
restore traffic striping,
1
LS
markings, and pavement
markers
6
Grind asphalt 2"
404,287
SF
$.40
$161,714.80
7
Overlay 2"
404,287
SF
$1.95
$788,359.65
8
Adjust sewer and storm drain
37
EA
$1,200.00
$44,400.00
manholes to final grade
Procure water valve cover
75
EA
9
risers
$900.00
$67,500.00
10
Adjust water valve
covers to final grade
75
EA
$750.00
$56,250.00
On overlay streets, remove
pavement markers and restore
I
LS
$45,000.00
$45,000.00
11
traffic striping, markings, and
pavement markers
Additional cost to upgrade
yellow two -stripe -style
12
crosswalks to become ladder-
1
LS
$20,000.00
$20,000.00
style crosswalks
(thermoplastic)
Subtotal, Base Bid Items $1,614,103.97
I-C-3
A itnr..oti.,n TNA T+ama 1 A anti Id (I)eterminetl by the City on an as -needed basis)
ITEM
NO.
DESCRIPTION
QUANTITY
UNIT
UNIT
PRICE (S)
ITEM
TOTAL (S)
Construct drainage
13
Improvements in Alley B-
I
LS
$95,000.00
$95,000.00
159 per Appendix F plans
and construction schedule
Construct Palm/Loma Vista
6" AC over 6" CAB full-
14
depth pavement
reconstruction, slurry seal
1
LS
$84,000.00
$84,000.00
Type II, and striping per
Appendix D layout
Subtotal, Alternative Bid Items 13 and 14
$179,000.00
Alternative Bid Items A15-A17 (Determined by the City on an as-needed$basis)
Alley Rehabilitation 4" asphalt concrete (AC) over 4" crushed aggregate base (CAB) one alley at a time
rc_ i.. Ml .c a nnlil rmmletinn- an , onen vnharade and base section olated overnight)
UNIT
ITEM
rrEM
DESCRIPTION
QUANTITY
UNIT
PRICE ($)
TOTAL ($)
NO.
4" AC over 4" CAB
pavement reconstruction in
A15
Alley B-159 bounded by
1
LS
$75,000.00
$75,000.00
Sheldon, Franklin, Penn,
and El Segundo Blvd.
4" AC over 4" CAB
pavement reconstruction in
$75,000.00
$75,000.00
A16
Alley B-161 bounded by
1
LS
Penn, Franklin, Sierra, and El
Segundo Blvd.
4" AC over 4" CAB
pavement reconstruction in
A17
Alley B-151 bounded by
1
LS
$75,000.00
$75,000.00
Sierra, Franklin, Lomita, and
El Segundo Blvd.
Subtotal, Alternative Bid Items A15 through All $225,000.00
I-C-4
Alternative Bid Items B15-B17 (Determined by the City on an as -needed basis)
Alley Rehabilitation 4" asphalt concrete over 4" crushed aggregate base such that an entire alley
..o e-...nf:..... nn.n nlnfnri in nnn.iav to minimize the impact to business access
ITEM
DESCRIPTION
I
QUANTITY
UNIT
UNIT
PRICE (S)
ITEM
TOTAL (S)
NO.
4" AC over 4" CAB one -
day pavement
B15
reconstruction in Alley B-
1
LS
$94,000.00
$94,000.00
159 bounded by Sheldon,
Franklin, Penn, and El
Segundo Blvd.
4" AC over 4" CAB one -day
pavement reconstruction in
B16
Alley B-161 bounded by
1
LS
$94,000.00
$94,000.00
Penn, Franklin, Sierra, and El
Segundo Blvd.
4" AC over 4" CAB one -day
B17
pavement reconstruction in
Alley B-151 bounded by
1
LS
$94,000.00
$94,000.00
Sierra, Franklin, Lomita, and
El Segundo Blvd.
Subtotal, Alternative Bid Items B 15 through B 17
(Do not add to total bid amount)
TOTAL BID FOR ITEMS 1-A17 IN FIGURES =
$ 2,018,103.97
TOTAL BID WRITTEN IN WORDS:
$282, 000.00
Two Million Eighteen Thousand One Hundred Three Dollars and Ninety Seven Cents
All work shall be per these specifications and attachments. Prevailing wage rates apply. The
City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
I-C-5
BIDDER'S INFORMATION
Company Name: LCR Earthwork & Engineering, Corp.
BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e.,
individual, partnership, corporation, etc.) as written below:
Corporation
If corporation, State of Incorporation (i.e., California) California
Business
Address
LCR Earthwork & Engineering, Corp.
4791 Mt Rainier St
Jurupa Valley CA 92509
Telephone No. 951-934-3231
Facsimile No. 951-602-8022
1048288 1000063065
State Contractor's License No. and Class Class A. C-12 DIR Registration No.
& C-21
Original Date State License Issued 1-2-/ f / I (b State License Expiration Date 12/31 /24
The following are the names, titles, email addresses, and phone numbers of all individuals,
firm members, partners, joint venturers, and/or corporate officers having principal interest in
this proposal:
Jorge Mendoza/Vice President 4791 Mt Rainier St Jurupa Valley CA 92509 951-934-3231
Jennifer Mendoza/President 4791 Mt Rainier St Jurupa Valley CA 92509 951-934-3231
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
N/A
All current and prior DBA's, aliases, and/or fictitious business names for any principal having an
interest in this proposal are as follows:
N/A
I-C-6
BIDDERS INFORMATION (CONTINUED)
Company Name: LCR Earthwork & Engineering, Corp.
Bidder shall list the name of the person who attended the mandatory pre -bid job walk:
IN
J
Title: Project Ma
I-C-7
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
titles, hands,
and seals of all a forenamed principals this 2 day of July , 20 24.
BIDDER
LCR Earthwork & Engineering, Co
Subscribed and sworn to this 2 day ofJuly , 2024
NOTARY PUBLIC
Se. ck--�Iacw-(A
I-C-8
JURAT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of i-IUCh-S iCJI.Q,
Subscribed and sworn to (or affirmed) before me on
this day of 20 Z4
by �,�� l • M ,v�r�idl u
proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Signature
AORIANA CAMARBA SARRERA
: Notary PubIIC Callfornla
c Riverside County
Commission 0 2483694
My Camm. EVIres Mar 5, 2028
(Seal)
PROPOSAL GUARANTEE
BID BOND
FY 24,25 PAVEMENT REIIABILITATION PROJECT
PROJI?CT NO.: PTV 24-08
KNOW ALL NIF,N BY THESE PRESENTS that,
LCR Earthwork & Engineering, Corp. , as BIDDER, and
The Gray Casualty & Surety Company , as StIRETY, are held and firnily bound unto the
City of El Segundo, in the penal sum of DOLLARS (SIE/6), which is
ten (100.0) percent of the total amount bid by BIDDER to the City of El Segundo for the above
stated project, for the payment of which sum, BIDDER and SURETY agree to be bound,
Jointly and severally, firmly- by these presents.
Ten Percent of the Total Amount of the Bid
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that- whereas BIDDER is
about to submit a bid to the City of El Segundo for the above stated project, if said bid is
rt iaeted, or if said bid is accepted and a contract is a"arded and entered into by BIDDER ill
the nia ner and time specified, then this obligation shall be null and void, othenvise it shall
remain in full force and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
2nd day of July .2o24
BIDDER*
I) 934-3231
SURETY" The Gray Casualty & Surety Company t 225 W. Causeway Apprcach Mande,Rde, L4 70471 (877) 857-6006
Pietro Micciche Attorney -in -Fact 3455 Ocean View Blvd ##200. Glendale. CA 91208 (323) 663-7814
Subscribed and sworn to this day of 120
NOTARY PUBLIC
*Provide BIDDERISURETY name, title, address and telephone number avid the name, title.
address and telephone number for authorized representative.
I-C-9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:fs:Cc:Cifw;:`.i�'.�'Gs�;�`.�'.:.'f,..�.'�C;.SiS�C:.:�'�>�+.:w'ti:rrc•c:^r:r��.c•.:•-rti•r3:e��r..•v>r.,;s.��;:._?.•=�-' ::.s:c::.s•5�6.:sc::x:s�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los An_ eg les
On JAIh ' A �V _ before me, Angel Nunez, Notary Public
Date Here insert Name and Title of the Officer ,
personally appeared Pietro Micciche
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personio whose name0 o is/3z*
subscribed to the within instrument and acknowledged to me that he/xwfty executed the same in
his/jiXjKauthorized capacity(*X), and that by his/X0MXDCsignature(0 on the instrument the person(},
or the entity upon behalf of which the personN) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califor ' a': the foregoing paragra.>h
is true and corr•2.- .
�ANEL NUNEZWITNESS m sand a� ffic:al seal.ublic California _ ,
Los Angeles County��s�
Commissions mar
14,0
wy Comm. Expires Mar 14, 2028 Signat _
Signature of i ary Public
I
Place Notary Seal Above
--- - OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ __ Signer's Name:
L1 Corporate Officer — Title(s): _ _ F Corporate Officer — Title(s):
El Partner — ❑ Urn ed L. General u Partner — L_1 Limited [; General
Individual Attorney in Fact ❑ Individual C Attomey in Fact
;_7 Trustee ❑ Guardian or Conservator ❑ Trustee ] Guardian or Conservator
Other: _ 0 Other: _
Signer Is Representing: - Signer Is Representing: — -- —
:;r�'r:t:`_:b`�'C:�+Z:: ::,C`..`•.Lr-".��`�`Li{.�.'_.""w�.31� �KZft'C'_:.��".:G�i;r:�..:,:M:C•..�:r�,;,iC{:S,-..5,v��'�.�'l:.'re%5.:`SGt+Z'f�'Ltii."!e'C7('Qt
0-2014 National Notary Association • www.NationalNotary.org • 1-600-US NOTARY (1-800-876-6827) Item #5907
Preferred Bonding Services
06/26/2024 10:17 1466586(P9595
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY"
� y�O��iYleLriln (&f
Bond Numhri:(�I� PrincipaL•�LfL ty�_1t1*llV,fi`l���q J i
Project: � }✓✓�l ��j TlDi-1 -TnW� - ��it'171b 1 � � f g f ��Y ` F(031o�
KNOW ALL BY THESE PRESENTS. TI [ATThe Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie. Louisiana, do hereby make, constitute, and
appoint: Patricia Zenizo, Elisahete Sulazar, Angel Nunez, and Pietro Nlieciche of Los Angeles, California jointly and severally on behalf of
each of the Companies named above it% true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its deed,
bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law,
regulation, contract or olhenvisc, provided that no bond or undertaking or contract of suretyship executed under this authority Shall exceed the
amount of
$25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26"' day of
June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to
execute a power of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds,
undertakings, and all contracts of surety, and that each ur any of them is hereby authorized to attest to the execution of such Power of Attorney, and
to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be aflixed to any such Power of Attorney or to any
certifcatc relating thereto by facsimile. and any such Power of Attomey or certificate bearing such facsimile signature or facsimile sea] shall be
binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
iN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed, and these presents to be signed by their authorized officers this 41" day of November, 2022.
Cullen S. Piske �I
SEAL By Michael T. GraySEAL
!f
President President
The Gray insurance Company The Gray Casualty &Surety Company.,
State of Louisiana
ss:
Parish of Jefferson
On this 4" day of November, 2022. before me. a Notary Public, personally appcured Michael T. Gray. President of The Gray Insurance
Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company. personally known to me, being duly sworn, acknowledged
that they signed the above Power of Attomey and affixed the seals of the companies as officers of, and acknowledged said instrument to be the
voluntary act and deed, of their companies.
L:i;i• Ann?
t-;4n :2r
�rraV Notary PuNic Leigh Anne Henican
Notary ID to 92653 Notary Public, Parish of Orleans State of Louisiana
Ctleans Pansh, Louisiana My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a
Power of Attorney given by the compunw- , which is Mill in full force and effect. IN WITNESS WHEREOF, i have set my hand and
all ixed the seals of the Company this S4N,ay of
I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct
copy of a Power of Attorney given by the cum parties, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand
and affixed the seals of the Company this y'�j, day of -5ci Z64\
h J 4
"I SEAL _ 1V SEAL
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of QtUT-'4-.5k(A )
On 2 ON before me, MVIQM Wlh'o"Xlrit buVKKA iG!ti'Ll �jbl l
(insert name and title of the officer)
personally appeared J "t L • H aA1\ ,07 (4
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ADRIANA CAMARENA BARRERA
G Notary Public • Cadfornia z
Riverside County >
Commission 8 2483694
My Comm. Upfres Mar 5, I028
(Seal)
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
1048288 Class No
A, C-12 & C-21
2. The expiration date of BIDDER'S Contractor License is:
December 31 , 20 24
3. BIDDER acknowledges that Section 7028.15(e) of the Business and
Professions Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or
her contractor's license number appears clearly on the bid, the license expiration
date is stated, and the bid contains a statement that representations herein are
made under penalty of perjury. Any bid not containing this information, or a
bid containing information which is subsequently proven false, shall be
considered non -responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations
made by the undersigned in this bid proposal are true and correct.
Executed on July 2 , 2024 , at
Jurupa Valley, California
4n=e
Jorge L Mendoza
Typed Name
Vice President
Title
(insert City and State where Declaration signed).
LCR Earthwork & Engineering, Corp.
Company Name
I-C-10
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of )
Jorge L Mendoza
Vice President
. being first duly sworn, deposes and say that he or she is
of LCR Earthwork & Engineering, Corp.
theparty making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly
induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in
a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid.
Si:—g n# re
Jorge L Mendoza
Typed Name
Vice President
Title
LCR Earthwork & Engineering, Corp.
Name of Bidder/Company Name
7/2/24
Date
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of uVC�-S 1a, )
On LOZ`{ before me, kAvv-l.Vlfil. C01cof m & Y1rt,yfit U-VA01 PUb11 L
(insert name and title of the officer)
personally appeared 11 a. l VI
who proved to me on the basis of satisfa tory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
-------------
WITNESS my hand and official seal. 4AYOPCICANACA ARENABARRERA
.,I"-Caufornia
RirsideCounty
ammission4 248369,
Momm. Expires filar 5, 2028
Signature 1V- l� � (Seal)
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her
PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Signature of Bidder:
Title: Vice President
Business Name: LCR Earthwork & Engineering, Corp.
Business Address: 4791 Mt Rainier St
Jurupa Valley CA 92509
Telephone Number: ( 951 ) 934-3231
Dated this 2 day of July , 2024 .
I-C-12
Company Name:
DESIGNATION OF SUBCONTRACTORS
FY 24/25 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 24-08
LCR Earthwork & Engineering. Corp.
As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work itself.
Name of
Subcontractor
Address
Subcontractor's
Contractor
License No., &
DIR
Registration No.
Description of
Portion of
Work
Subcontracted
Estimated
$ Amount
All American
(Nurnber and Street)
P.O. Box 2229
(CSLB #)
267073
Slury Seal
$` 6 �JJao U
(City, Zip Code)
Corona CA 92878
(DM #)
1000001051
Superior Pavement
Markings
5312 Cypress St
776306
Striping
$ cod
Cypress CA 90630
1000001476
(Make copies of this page if additional space is needed)
7/2/24
Signature of Bidder Date
I-C-13
REFERENCES
Company Name: LCR Earthwork & Engineering, Corp.
The following are the names, addresses, and telephone numbers for public agencies for
which BIDDER has performed similar work as the prime Contractor or major Subcontractor
within the past five (5) years:
Project Title:
2021-2022 Annual Pavement Rehabiliation FY22
Location: Various street locations in the city of Industry
City of Industry 255 N Hacienda Blvd Suite 222 City of Industry CA 91744
Name and address of owner
Chris Lum 562-896-2260
Name and current telephone number of person familiar with project
Resurfacing of various city streets, cold milling, AC pavement overlay repair broken curbs,
Type of Work: gutters driveways and sidewalks upgrading ramps to ADA standards and pavement
Contract amount: $ 1.284.015.00
Date completed: 11/2/23
Amount of work done by my/our firm under Contract $1,284,015.00
Did your firm have any financial interest in Project?
2. Project Title:
Location
Reconstruct City Owned Parking lot
9818 Artesia Blvd Bellflower CA 90706
City of Bellflower 16600 Civic Center Dr Bellflower CA 90706
Name and address of owner
Jerry Stock 562-804-1424
Name and current telephone number of person familiar with project
Type of work: Remove and Replace Parking Lot
Contract amount: $ 478,350.00
Date completed: 916123
Amount of work done by my/our firm under Contract $ 478,350.00
Did your firm have any financial interest in Project? �/ I f I
I-C-14
3. Project Title: Annual Concrete Replacement
Location:
Various locations
City of Orange 300E Chapman Ave Orange CA 92866
Name and address of owner
Salvador Munoz 714-744-5547
Name and current telephone number of person familiar with project
Type of Work: PCC sidewalks, curbs and gutter removal and replacements.
nveway apron, cross gu er and spandrel.
Contract amount: $ 1 322,400.00 Date completed: 6/27/24
Amount of work done by my/our firm under Contract $ 1,322,400.00
Did your firm have any financial interest in Project? N
4. Project Title:
Roadway Repair 2024-01
Location: Various locations
The Town of Apple Valley 14955 Dale Evans Prkwv Apple Valley CA 92307
Name and address of owner
Rich Berger 'l U U - LLI 0 -1 OUCH
Name and current telephone number of person familiar with project:
Type of Work:
Sawcut and remove damaged asphalt and replace
Contract amount: $ 521,750.00
Date completed: 6/20/24
Amount of work done by my/our firm under Contract $ 521, 750.00
Did your firm have any financial interest in Project? W I i'f
I-C-15
Project Title: Jefferson ES Grading Asphalt Removal & Replacement
Location:
2508 E 133rd St Compton CA 90222
Compton Unified School District 417 W Alondra Blvd Compton CA 90221
Name and address of owner
Steve Pedroza 909-743-9070
Name and current telephone number of person familiar with project:
Type of work: Earthwork, fine grading & remove and replace asphalt.
Contract amount: $199.430.00
Date completed: 8/12/22
Amount of work done by my/our firm under Contract S 199,430.00
Did your firm have any financial interest in Project? hi 1 a
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
Preferred Bonding & Insurance Services
3455 Ocean View Blvd Suite 200 Glendale CA 91208
213-336-3714
I-C-16
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 24/25 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 24-08
Company Name: LCR Earthwork & Engineering, Corp.
Please state all instances of being disqualified, removed, or otherwise prevented from bidding
on, or completing, a federal, state, or local government project due to a violation of a law or
safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No El
2. If yes, explain the circumstances:
N/A
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register
requires the City to reject your bid as nonresponsive]?
Yes ❑ No
!B;'er's Signature
Jorge L Mendoza
Name (Please Print)
I-C-17
INSURANCE REQUIREMENTS
[MUSTBE SUBMITTE'U WITI I PROJECT PROPOSAL]
FY 24/25 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 24-08
Company Name: LCR Earthwork & Engineering, Corp.
To be awarded this contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Tyne of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.
CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected
on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not
a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including
symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein, and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time
to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Raring
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice
of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-
state coverage will not be accepted in lieu of the California coverage, because the work is being
performed in the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
7/2/24
Date
I-C-18
END PROPOSAL SECTION
I-C-19