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HomeMy WebLinkAboutALL AMERICAN ASPHALT (23) iU Recording Requested By, And When Recorded Mail To: City of Santa Ana,Public Works Agency M22 Recorded in Official Records, Orange County 24 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 111114 III I III1111I1111 lllllllll IIIII IIIII IIIII IIIII IIII 11[ I111111 NO FEE * $ R o 0 1 2 5 4 0 0 2 1 $ * 202100011414310:07 am 02/18121 48 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 4 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of BRISTOL STREET REHABILITATION FROM MACARTHUR a BOULEVARD TO RAILROAD under contract entered into on DECEMBER 17, 2019, with x w ALL AMERICAN ASPHALT, on which contract FIDELITY AND DEPOSIT COMPANY OF oMARYLAND is surety. The property on which such work improvement was placed is in the c City of Santa Ana, County of Orange, State of California, and described as Project No. 19-6943 Alocated at: BRISTOL ST. The work improvement on said property was accepted as completed az� o � on JANUARY 12, 2021. moo' o CITY OF SAN A ANA, A MUNICIPAL CORPORATION w z a by oDated: lZ _ Principal Civ' Engineer—Jason Gabriel W � TITLE ---------------------------------- --------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the GAy Engineer— Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare/under penalty of perjury that the facts therein stated are true. Executed on �rULIr (a `y0 ,at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION h?J 2 1 2029 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 19-6943 BRISTOL STREET REHABILITATION: MACARTHUR BOULEVARD TO RAILROAD (NORTH OF ALTON AVENUE) This CONSTRUCTION CONTRACT is made and entered into this 171h day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and fiunish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bristol Street Rehabilitation: MacArthur Bouldevard to Railroad (North of Alton Avenue) Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Forty Thousand Four Hundred Eight Dollars and No Cents ($540,408.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.13 CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // Page 2 of 1 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: /DAISY 1' /Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4 7 JOUNFUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRIS RIDGff City Manager CONTRACTOR: All American Asphalt .. �� N : IdwdicbUtbri6on TITLE: Vio Pruodor A Page 3 of 3 City of Santa Ana Page 1 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11120/2019 Bid Results Exhibit A Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92879 United States Respondea Jim McGee Responsee Title Project Manager Phone 951-736-7600 Ext. 205 Email publicworks@allamedeanasphalt.com Vendor Type CADIR License# 267073 CA DIR Bid Detail Bid Format Electronic Submitted October 24. 2019 1:45;43 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 192809 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General General Attachment.pdf General Forms Ownership Affidavit ownership Affidevitpi f Ownership Affidavit (Notary Public) - REQ Original Hard - Copy Submittal in Addition Bid Bond Executed Bid Bond. pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Non-Callusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code uOM city Unit Price Line Total Comment Base Bid Items 1 Unclassified Excavation CY 250 $213.00 $53,250.00 2 Cold MITI (21') SF 130300 $0.22 $28,666.00 3 Cold MITI (T) SF 7000 $0.35 $2,450.00 Planelf3idc, in_. City of Santa Ana Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PN Bid Results Type Item Code UOM Qty Unit Price 4 Asphalt Pavement TN 242 5 Asphalt Rubber Hot Mix (ARHM) TN 1500 6 ARAM SY 15300 7 PCC Sidewalk (4") SF 1454 8 PCC Curb Ramp SF 1820 9 PCC Curb 8 Gutter (Type A-2-8) SF 220 10 Survey Monument LF 2 11 Truncated Dome EA 13 12 Furnish and Install Water Valve Frame and Cover to Finished Grade EA 13 13 Adjust Manhole Frame R Cover to Finished Grade EA 4 14 Furnish and Install #6 Pulibox to Finished Grade EA 11 15 Furnish and Install Traffic Loops D T EA 21 16 Furnish and Install Traffic Loops E T EA 50 17 Furnish and Install Traffic Loops Q T EA 3 18 Temporary Construction Sign EA 5 19 Protect Advertisement Sign EA 2 $155.00 $100.00 $6.30 $10.00 $10.70 $49.00 $425.00 $875.00 $795.00 $900.00 $722.00 $245.00 $218.00 $245.00 $1,050.00 $1,500.00 Page 2 Printed 11/20/2019 Exhibit A Line Total Comment $37,510.00 $150,000.00 $96,390.00 $14,540.00 $19,474.00 $10,780.00 $850.00 $11,375.00 $10,336.00 $3,600.00 $7,942.00 $5,145.00 $10,900.00 $735.00 $5,250.00 $3,000.00 PWietSids, Inc. City of Santa Ana Page 3 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19.6943), bidding on October 24, 2019 2:00 PM Printed 11/2012019 Bid Results Exhibit A Type Item Code UOM City Unit Price Line Total Comment 20 Labor Oversight Agreement LS 1 $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished Grade EA 1 $900.00 $900.00 22 UPRR Permit/Right of Entry EA 1 $1,000.00 $1,000.00 23 UPRR Daily Flagging Service' EA. 5 $2,080.00 $10,400.00 24 PCC Curb B-3 LF 10 $61.00 $610.00 25 Adjust Manhole Frame & Cover tol inlshed Grade (MWD) EA 1 $90000 $900.00 26 Detectors Lead-in Cable LF 1600 $1.59 $2,544.00 27 Fumish and Install Manhole Frame and Cover (Water Lid) EA 1 $900,00 $900.00 28 PCC Driveway Approach (Commercial = 8") SF. 1551 $17.00 $26,367.00 29 Striping (Driveways & Curbs) (PdvateProperty) LS 1 $7,170.00 $7,170.00 30 PCC Curb, & Curb & Gutter (Type A-2-6) (Private Property) LF- 135 $55.00 $7,425.00 Subtotal $540.408.00 Add Alternative Bid One • NOT part of Base Bid Calculation 31 Signing and Striping (Entire Project) LS 1 $99.200,00 $99,200.00 Subtotal $99,200.00 Base Bid Asterisk Notes per P-4 of Specifications -NOT part of Base Bid Calculation 32 ' = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. as 0 0 0 33 f = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. as 0 0 0 Subtotal 0 Total $639,608.00 plane tSrde. Inc. CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete coordination and acquire the Permit from the Union Pacific Railroad Company within 30 working days after the commencement date stated in the Notice to Proceed. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 90 workine days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $870 per calendar day. Name of Firm Signature of BI] Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 250 CY $ q I5 00 $ [3I0 90 2 Cold Mill (2") 130,300 SF $ O a $ o11/� -60 3 Cold Mill (3") 7,000 SF $ 0.35 IM50A 4 Asphalt Pavement 242 TN $155.00 137151U.00 5 Asphalt Rubber Hot Mix (ARHM) 1,500 TN 1100,90 $ IN 100 40 6 ARAM 15,300 SY $ f_ _ba $ qr 12gVa,Rrl 7 PCC Sidewalk (4") 1,454 SF $ 10.00 $1 100. 00 8 PCC Curb Ramp 1,820 SF 11C,70 $ 1g Iq 7q.00 9 PCC Curb & Gutter (Type A-2-8) 220 SF $ q 1 00 i 110,730.00 10 Survey Monument 2 LF $ Q q G Q0 $ 90, 0 0 I 1 Truncated Dome 13 EA $ M 00 $ 111375,00 12 Furnish and Install Water Valve Frame and Cover to Finished Grade 13 EA Q(s' 9(s.00 110.00 $ j to 13�5.0 13 Adjust Manhole Frame & Cover to Finished Grade 4 EA $ gao•0o $ 2 0 1 P-1 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) Item Description Qty Unit Unit Price Amount 4m I1 EA $ f/[ t V4! 15 Finished Grade Furnish and Install Traffic Loops D t 21 EA $ 00 16 Furnish and Install Traffic Loops E t 50 EA $ n, �R Ao S `OIgQo, o 17 Fumish and Install Traffic Loops Q t 3 EA 18 Temporary Construction Sign 5 EA $ O 1 /fFfl,lio $ 5q 19 Project Advertisement Sign 2 EA $ �! U00,00 $ 31000.00 20 Labor Oversight Agreement I LS $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished t EA $gpo.oa $96o.ao Grade 22 UPRRPermit/RightofEntry 1 EA $1,000.00 $I,000.00 23 UPRR Daily Flagging Service * 5 EA $rl 109! agt0 �� W 6 t 24 PCC Curb B-3 10 LF $ f I M $ 19I 0.0 0g� 25 Adjust Manhole Frame & Cover to 1 EA $G4106V v $gQ0,U V 26 Finished Grade (MWD) Detectors Lead-in Cable 1,600 LF $ b U YY $!1 1D I v 27 Fumish and Install Manhole Frame 1 EA $ ioo.ao i $ �Qo.Qo and Cover (Water Lid) 28 PCC Driveway Approach 1,551 SF $ U� $ 29 (Commercial = 8") Striping (Driveways & Curbs) (Private 1 LS $ I f Q 30PCCCurb,&Curb&Gtter(TypA- Property) 135 LF $9.602-6) 7906 (Private Property) P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) TOTAL BASE BID S �y oI 1 t1 I ,0 o ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 31 Signing and Striping (Entire Project) 1 LS s %200 Q $ t V The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete coordination and acquire the Permit from the Union Pacific Railroad Company within 30 working days after the commencement date stated in the Notice to Proceed. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 90 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $870 per calendar day. Name of Firm Signature of BI', Title Edward J. Carlson Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E-Mail Address: publicworksna allamericanasphalt com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 A, C-12 License Expiration Date: 1-31-2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6-30-2020 Signed: Title: Edward J. Carlson Vice President - P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BII Title Edward J. Carlson, Vice President (if an individual, so state) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF CR V"E Riverside ) SS: CITY OF SANTA ANACorona ) Edward J. Carlson , being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. Q CORPORATION That he is of: Vice President of All ArnPriran Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. one ofthe parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself �or�y other person. Signal re of B dder Edward J. Cadson, Vice President , Subscribed and sworn to be me this day of 20 — pmokeucc Awhe Signature of officer Administering Oath�otary Public) P-7 of P-17 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside -:. +-- COURTNEY CHAPAS Notary Public -California Z Riverside County f z �� Commission # 2172984 �`Y.,, - A4y Comm. Expires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 16th day of October. 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (And (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Place Notary Seat Above Signatt of NotaY Public OPTIONAL Though the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 10-16-2019 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here CITY OF SANTA ANA PROPOSAL Bond No. 08597423 Bid Date: 10/24/2019 PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid----- Dollars ($10% of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14th day of October , 2019. BIDDER* SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street Suite 3900 Los Angeles CA 90017 David Wei (213) 270-0600 Subscribed and sworn to before me "Please See Attached" , 20_ Signature: Notary Public in and for the County of State of this day of _ * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On October 16 2019 before me, Courtney Chapas, Notary Public Date Here Insert name and Ttle of ft Officer personally appeared Edward J. Carlson Nama(s) of Signer(s) COURTNEY CHAPAS •+'�""i' Notary Public • California Riverside County z i :�. n Commission # 2172984 My Comm. Ez ires Nov 29, 2029 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sheAl4ey executed the same in histhedthelr authorized capacity(ies), and that by hisAmm4heir 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 forgoing paragraph is true and correct. WITNESS my hand and oaffi,*al seal. Signature gr Place Notary Seal Above SignSignaV of Note ublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: October 14, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner ❑ o Limited o General ❑ Attorney in Fact o Trustee Top of thumb here if Other: Sign Name: ❑ Indivi I ❑Corporate Icer—Title(s): ❑ Partner E ❑ Lim d o General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: Signer is Representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 10/14/2019 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(s), is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiafher/thair authorized capacity Nis), and that by his4her/theirsignatureZ4on the instrument the personK or the entity upon behalf of which the person(s), acted, executed the instrument. LILIANA GOMEZ _ '"' Notary Public - California ' Y'-X Orange County %:ne Commission P 2243326 . 20MyCommpiay20ExresM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand %� a�nd��off���qiciiaal seal. Signature U +""✓rr' Xi Signature of otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: One(]) Bid Bond Document Date: 10/14/2019 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 5 Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -Get with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -Fact to affix the corporate seal thereto; and may with or without cause modi C,v of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Prover of Attorney is still in full force and effect on the date of this certificate; and I do father certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile wider and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly cal led and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of Mav, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth clay of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any, power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 14th day of October , 2019 . O�-L y,".";.tutu• By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299Zurich Way Schaumburg, IL 60196-1056 www.revorisfelaims namurichrut.cont 800-626-4577 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V. Section 8, of the By -Laws ofsaid Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BEC14ARA and Richard ADAIR, all of Irvine, California, EACH, its tote and lawful agent and Attorney -in -Fact, to make, execute. Seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers ofthe ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in lbree. IN WITNESS WHEREOF. the said Vice -President has hereunto subscribed hislher names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I I lh day of June, A.D. 2019. a ovnr ^ g�rda4y� j BMAL ATTEST: ZURICH AMERICAN INSURANCE COrNIPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By. Robert D. Murray Vice President BY: Down E. Brown secretory State of Maryland County of Baltimore On this I Idr day of June, A.U. 2019, before the subscriber, a Noary Public or the State of Maryland, duly commissioned and yualirled, Robert A Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and ollicers described in and who executed the preceding instrument, and acknowledged the execution of same and being by me duly swom, deposeth and saint that hcishe is the said officer or the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly aDixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ' Constance A. Dunn. Notary Public My Commission Expires: July 9, 2023 gin`` CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to thefirmslisted below: Name R rdc�i(� paue en¢ 5�>7fean� Name UVT(�& License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name c7 it License #/Exp. DIR Reg. #/Exp. License # Location h� ���j Phone 1i��. Type Of Work Amount $ 61 Name Uo11 License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ 91 W, 1 — w I140Ut UU Sign— ur� Idder Edward J. Carson, Vice President License #/Exp. DIR Reg, #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1, City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David (909) 477-2740 Name and Telephone Number of person familiar with project. $1,130,470.00 Pavement Rehabilitation 0712017 Contract Amount Type of Work Date Completed 2. City of Temecula 41000 Main Street Temecula, CA 92590 Name and Address of owner. William Becerra (951) 694-6444 Name and Telephone Number of person familiar with project. $2,577,770.00 Pavement Rehabilitation Contract Amount Type of Work 3, Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307 Name and Address of owner. Rich Berger(760) 240-7000 Name and Telephone Number of person familiar with project. 1112017 Date Completed $849,182.00 Road Rehabilitation 1112017 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S F,cueroa Street #3900 Las Anceles CA 90017 (213) 270-0600 Owen M. Brown Insurance Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine -05 CA 92620 (949) 85700 Edgewood Partners Insurance Center (Insurance 3633 Inland Empire Blvd Suite 640 Ontario CA 1764 (714) 9374270 - P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.:19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. of Victorville 14343 Civic Dr. Victorville, CA 92392 Name and Address of Owner. Carlos Seanez (760) 965-5162 Name and Telephone Number of person familiar with project. $251,008.00 Paving Project 0612017 Contract Amount Type of Work Date Completed 2, City of Santee 10601 Magnolia Avenue Building 4 Santee, CA 92071 Name and Address of owner. M. Espinola (619) 258-4100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal Contract Amount Type of Work 3. City of Yucaipa 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. John LaRose (909) 797-2489 Name and Telephone Number of person familiar with project. $252,379.06 Micro -Surfacing Contract Amount Type of Work 10/2017 Date Completed 0812017 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Fi4ueroa Street #3900 Los Angeles, CA 90017 (21)3)270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine, CA 92620 (949) 857-4500 Edgewood Partners Insurance Center (Insurance) 36331niand Emoire Blvd. Suite 640 Ontario, CA 91764 (714) 937-4270 P-1 I of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employmert, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: r�T Title: Edward J. Carlson, Vice President Firm: AllAmerican Asphalt Date:y011bIzo19 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California A renticeship Council. Ipp Signed: Title: Edward J. Carlson Vice President Firm: All Amedc n Asphalt Date: 1011612019 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Carlson, Bice President State of California County of Subscribed and swom to affirmed) before me on this _ day of , 20_, by PIT ed to me on the basis of satisfactory evidence to be the person(s) who appeared before me 'Please See Attached" Notary Public Signature \ Notary Public Seal P-12 of P-17 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Fy�COURTNEY CRAPAS Notary Public - California Riverside County z Commission # 2172984 n My Comm. Expires Nov 29. 292g Subscribed and sworn to (or affirmed) before me on this 16th day of October. 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (And Name of Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature %4tlyl Place Notary Seal Above Signet V of Note VPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: 10-16-2019 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Edward J. Carlson, Vice President Firm: All AmericanAsphalt Date: I 0 I191 ZDI flt P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. NIA P-17 of P-17 FILE JUN 26 2019 apias CoLlwy CLERK• ORoER DEPAXWENT MAYOR .11 =PUPY Miguel A. Puildo MAYOR PRO TEM Joan alleges COUNCIL MEMBERS Cedl a Iglesias David Pemba Vloente Sarmlento Jobe Solork CITY OF SANTA ANA Hugh Nguyen, Clerk -Recorder IQIIII iil� i��iilll ��Iniill�liNlil�illilli NO FEI * S R 0 0 1 0 9 3 2 7 1 3 S 20198500063211:30 ark 06/26/19 323 304 Z01 0.00 60.00 0.00 0.00 0.00 0,00 0.00 0.00 .La CITY MANAGER Krisilne PIMP CITY ATTORNEY Sonia R Calvalho ACTING CLERK OF THE COUNCIL Norma MiGe•Rxnirez PUBLIC WORKS AGENCY 2D CMc Center Plaza (M-20) P.O. BOX 1988 •Santa Ana, California 92702 C7A 667.2700 • Fax t714) 97M1461 1WAYIRMS-Mil g .NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTYCLERK Front CityofSantaAria County of Orange PUBLIC WORKS AGENCY P.O. Box 238 20 CIvic Center Plaza M -36 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Bristol Street Rehabilitation: 19-6943 Date of Approval 06119)2018 ProjectNumber(s): PWA-2019-965-CITY Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number. ER-2019-53 m Project Description: Recwnstruotionlresurlacmg of existing pavement and replacementlnstallation of missing or damaged, ! curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway. Applicant Name: City of Santa Ana Public Works Agency "s Applicant Address: 20 Civic Center Plaza M-36 d SANTA ANA, CA 92702 t1\ Name of Public Agency Approving Project: CityCouncil Name of Parson or Agency Carrying Out Project Public Works Agency Exempt Status: r ti J 0�1 ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) JUN 2 6 2019 ❑ Emergency Project (Sec.15269 (b through a)) ❑ General Rule (Sec.16061(b)(3)1(5)) MiiiniCGUNTYCt1IRIGNW0R08RNPARTa%Nf ❑ Statutory Exemption: n(LSry El Categorical Exemption: 15301(c) Reasons) Why Project Is Exempt From CEOA: 16301(0) consists of existing highways and streets, sidewalks gutters, bicycle and pedestrian trails, end similar facilities. City Contact: Berson Ghrysostoma Telephone: (714) 647-5838 Signature. Title: Sr NlEl A 3l3�Date- dV ZZ- SANTA ANA CITY COUNCIL MWWA. WIdo Juan Viiva= I Vlnwta Sarmierto i Jwe'swoao of Vecart De Penaloza {:etas pkewe Mayor I Mayor Pm Tem,WAVd5 Ward W.. W8rd4 Ward2 Ward I r, o THE REGISTER This space far Mng s amp owY 2190 TOWNE CENTER PL, ANAHEIM, CAW806 Telephone (714) 796-7000 1 Fax (714) 79(58059 PROOF OF PUBLICATION (2015.5 C.C.P.) state of California ) County of ORANGE )SS Notice Type: BID -NOTICE INVITING BIDS Ad Description: 19-6943 BRISTOL AVE REHAB: MACARTHUR BLVD TO RAILROAD (N/O ALTON) I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language In the city of SANTA AN& county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of Caflomia, under date 1111911995, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to -wit 10/0212019, 10109/2019, 10116/2019 Executed on: 10/1612019 At SANTA ANA,CA 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. ro CNS#: 3299675 to--iegister as a vendor - with Pa referto: httPs://wwwsaMa- OPa.ochasIngPur - dlvistorWendor- reglsfraHon CN S1-229D1� 9 THE REGISTER CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY'M �.. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder m an ADDITIONAL INSURED, the pa9icy(ies) must have ALPDfiIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endcorsement(s). PRODucERP.dgeyvpOd paftnBrS lnsutanCe Center NAMe: Certificates De ariment 6 PHONE 925-24d-770D ta/c.sm: F. 925-901-0871 San Ramon, CA 94583 E-MNL EPICcens@eaicbrokemoarn -- ADDREss:_ CA LICENSE #OB29370 INSURED All American Asphalt P.O. Box 2229 Corona CA 92878 ,rL�, unuRCD• COVERAGES CERTIFICATE NUMBtR: 5305`,122--- BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD PERIOD I5 TO CERTIFY THAT THE POLICIES 6F INSURANCE LISTED BELOW HAVE CONTRACT OR OTHER Tr11SIC, DOCUMENT WITH RESPECT 70 INDICATED. NOTMNTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY POLICIES. LINIDS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, EXCLUSIONS AND CONDITIONS OF SUCH —_P0OLICYEFF Pocky EXP : Lir1r5 AD UBRj Lr POUCYNUbISER MFVDD i 1.8VDDNYYN TYPEOF DVSURANGE IDPC1005858-03 StIt2019 '8J112020EACH occuRRENce i 51 DDD 006 A '. MMERCMLGENEtALUAER.RY NT@ I51D0.000 CL. M$-MADE ✓ OCCUR PREiASES iEaoauna�I : MED EXR (ARy meperson) S -- PERSDNY' B ADV INJURY $1.000,000 -- GEN=RAt AGGR,c^uATE $2,000,000 GWL AGGREGATE LIMIT A UES PER PRODUCTS-WNLMOPAGG SZ.QOD ODD PODGY j .—_'LCC S OTHER 'BAP5571088A7 j BI1/2019 8f712(120 COMSINE65INQE LIWT I;_ zKj- errtL $2,000.L1D0 AUTOMoeaEUM LAY BODILYNU (Pe[O M) s ✓", ANYAUTO BODILY INJURY(Peramtlenv} $ OWNED BGkEDULED AUTOSONLY AUTOS PROPERTYDAMAG I $ �L r--I, NED HIRED ✓ AUTOS ONLY ✓ AUTOS ONLY IAe� '�.SXSD19797003 �I� 81V20i9 8I1i2020 -� EAcNo=URRENC=_ S5.000.000 C ,J uMeaeLuuAe J _ occOR AGGREGArc s5,000.000 ✓ EXCESS UAE G(AIMSMADE' IFOilovnng-Form $ I DED ✓' RE7EN'RONS10,000 WC593205708 8/1/2019 9il112i126 V STATVi'E ER B WORXERscoMPEtLSATION ".AND 9dP3AYLR51.M811IFY YIN EL.EACHACCIDEW S1,000,coo AM'PROPRF.TORIPARTINERE(ECURYE EN -�ICERlMEMBESYEXCIUDEDi � •- i'.. : E.L DISEASE -EAEMPLOYEE S ,(Mudrtory In NH) jx yes, a esT10N ' ! E.L. DISEASE -PoucY uzn 151.000.004 ,DcSCRIPT10N OF OP= -.RATIONS ➢elaw 90 DESOW ON OF OPERATIONS! LOCATIONS I VEHICLES(ACM 1e1. Mr ..M Rmm)aB We, U morvspaoab mgwu ) Project #19-5SQ 1 RE: BnstOI St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Afton Ave.) i and representatives are Additional insureds with respect to General Liability and Auto Liability City of Santa Ana, its officers, employees, agents or as required by written contract. Insurance is Primary and Non-contributory. per the attached endorsements Certificate Holder is Additional Insured if Required by Written Ocrzbact ExciUdding Workers Compensation City of Santa Ana Risk )vtanagement Division, 4th 20 Civic Center Plaza Sana Ana CA 92703 In SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tlYlgLyr. '-- AUr,,oR E REPRESENTATNE 202D Certificates Department O 1988-2015 ACORD CORPORATION- All rights ACORD 25 (2018103) I 1 Ti MO.j(j$'reglstered marks of ACORD :s sca=n. k- $5. z I = �a sc,:bes i :21_stzo_s O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O p O 16 O o O p O O O O O O O O O o O O O O O O O N O O N O O O O O vt m O o vj m O O O O O O C N O of 00 00 O O O O ry 0 0 0 Ih o O N 0 0 0 0 0 N Q N b n 0 v01 N m vI Q 0 0 0 0 m .Qi O M O t0 E tD W V N 01 M1l M N eQ4O~ O N Ip O M O O m O Vf O tmYl vpl O W O O V4 't/f N t0 vl co N 10 Nh N ..i 'v Nh y ei .-1 N•nN N � �NH � eQi ti Q 00 K N Z z Ug o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O o O O p O O O o O O O O O O O O O O O O O O O O O O O O O O O O m O N O o of 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o w 0 m O O O 01 Oi O O O O O Oi m p cl w Q h u1 Q 10 m n Q O O vt N O V] O O O p O p m p M p N O M C o m m In n o Q n n .-� ..1 .-� p Q n vl m w o 0 0 o In v� o rn o o M n > N N [!f l0 M O ri N ul e'1 Q O O N Vl N C O Of Q O b O � M N O .ti e-I t0 H 00 n VY N 'fA 'i ei N 4f N » Vl V! N ri 4! N t? N 4f ei 'VL N t/l `y M '-1 e-I fh Of 01 O O Qj X H t0 N N n W N VY =a• ' VVOfT 1QO/� {ONvO011 NO VOO VOf NO ONtiO NO NO VOY NO O NO VOY eO'I VOV fOh eOi 0 NO '1O/) VoV Np 0O O ,mOl m0am'aT*dA Nd0vd0n dO00 0 0oOo000 o O o 0o00 0 0oO o 0 0 0 0 0 0o aicIqo00000 a0 0 00 0 0 0 0cmo0000mN°o00o °nmOmON 00000MmnO N M Of ry NO On Oa 00oe 0Q QNvcl -1 Npof% VY T? N 1/� iry 4f1 N 1wA. 0 � N N a R S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o O O O O O o O O O p O O O O O O o o O o o O O o O O p O p O p O O y N t0 Q yl O M O Q O m mI m tOc cQf eQi 0 trail h O O O O O O Op Q O n O v] m O O O O O N n 1 t0 1 n O R N 1/4 yy 'IA N VY N Q O1 m O O O N o O y vl O O V O O Vf N ry N M O N h M Q m N ei O vI m_ `••1 O O "M4 N eNi � R R N — a a a s R 3 O N F O ^O a y W LL W W W W W W W J W W W O 12 O a N W C 40 eN W O - N R N N N N o` o E R O E my c mlj� wv¢ w m. LL_ o a> c o f o - _ °'— s a v o o z u cui u 2? c' E E c E E 01 °CL z¢ u 00 .� g U U Q Q¢ a a w H F- u Q lia` a a y U iA F era a o c U E a x s �+ 0 ti 01 E E E E E E E EEEEEEEEEEEEEEEEEEEEEEE .>-. _ « a0+ « aR+ a0+ a°+ « « x°+ a°+ a0. w0+ « a0. aR+ ¢ ¢ 'm 'm o •' '� y v �, y v v v v v v v v v ra m 'm ra m 'm a m 'm y O O a m E `i tV M C N b m W T N m 0 m m m m m m m m m mR m m m mR m mR m Q ra m t' 2 Bond No. 7662235 CITY OF SANTA ANA BONDS PROJECT NO.: 19-6943 Premium: $2,135.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that All American Asphalt , as CONTRACTOR, and Fidelity and Deposit Company of Maryland , a corporation, organized and existing under the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Five Hundred Forty Thousand Four Hundred Eight and 001100 Dollars ($ 540,408.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated December 17, 2019 for Project No. 19-6943 Bristol St. Rehabilitation: Macarthur Blvd. to Railroad** , if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terns of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. **(N. of Alton Ave.) IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 17th day of December , 2019 . * All Ayn$rican Asphalt - 400 East Sixth and Deposit Company of Maryland - 777 S. Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **Please See Attached** 20_ Signature: Notary Public in and for the County of Rate of premium on this bond is $ 3_95 Total amount of premium charge is $ 2 135.00 CA 92879 - Phone (951)736-7600 Street, Suite 3900, Los Angeles, CA 90017 David Wei (213)270-060 this day of State of per thousand. To be filled in by Surety *Provide CONTRACTOR I ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other offices completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On December 4, 2019 before me, Courtney Chapas, Notary Public Data Here Insert name and Title of the Dancer personally appeared Edward J. Carlson Narrate) of Signer(s) ,tea--,A� �� COURTNEY CHAPAS Notary Public - California z -, Riverside County a z y71: Commission # 2172984 My Comm. Expires Nov 20, 2020 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/sheithey executed the same in his/heNthek authorized capacity(ies), and that by his/her/their signature(a) 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 forgoing paragraph is true and correct. WITNESS my hand and o icial se I. Signature Place Notary Seal Above Si n ture of NV PAM OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond Document Date: December 17, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner 11 o Limited o General ❑ Attorney in Fact ❑ Trustee Top of Thumb here ❑ Other: Name: ❑ Corpora Officer—Title(s): _ ❑ Partner C ❑ ' ited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 12/03/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title Of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(t* is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityj1t*, and that by hic(her/their signatureZ on the instrument the personK or the entity upon behalf of which the persons) acted, executed the instrument. A. MACr'AAANE Notary Pcb(: C+L'nrma € _ CommiSJO� My Comm. ExF"'� "gar 27, 2027 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature4� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7662235 Document Date: 12/17/2019 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 5?Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Nil EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-iu-fact to affix the corporate seal thereto; and may with or wi0rout cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President, of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called mid held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. - RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 17rh day of December 2019 By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rei)ortsfclaimsO,zurichna.com 800-626-4577 PRF7662236 Bond Number City of Santa Ana Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in fall force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Batas its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, mid as its act and deed: any and all bands and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as filly and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of December , A,D. 2019 A ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Robert D. Murray Vice President Dawn E. Brown Secretary State of Maryland County of Baltimore On this 17th day of December A.D. 2B� before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. nhCPaT"5, ?} MOW" r+�c' Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Bond No.: 7662235 CITY OF SANTA ANA Premium is included in the performance bond BONDS Executed in: 2 Counterparts PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD IN. OF ALTON AVE.) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State;` and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Five Hundred Forty Thousand Four Hundred Eight and 00/100 Dollars ($ 540,408.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated December 17, 2019 for Project No. 19-6943 Bristol St. Rehabilitation: Macarthur Blvd. to Railroad** if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. **(N. of Alton Ave.) IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 17th day of December 2019 * All - 400 East Sixth Street, Corona, CA 92879 - Phone (951)736-7600 and Deposit Company of Maryland - 777 S. Figueroa Street, Suite Subscribed and sworn to before me, "Please See Attached** , 20 Signature: Notary Public in and for the County of Rate of premium on this bond is $ 3.95 Total amount of premium charge is $ State of Included in Performance Bond Los Angeles, CA 90017 David Wei (213)270-06C this day of per thousand. To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document State of California County of Riverside On December 4.2019 before me, Courtney Chapas, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signers) COURTNEY CHAPAS Notary Public -California zRiverslde County D Commission # 2172984 My Comm. Expires Nnv 20, 2ozo�1. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) Ware subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/herlthe'ir authorized capacity(ies), and that by his/heckheir 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 forgoing paragraph is true and correct. WITNESS my hand an5'* Signature Place Notary Seal Above otan ubli OPTIONAL Thoughthe information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond Document Date: December 17, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner ❑ o Limited ❑General ❑ Attorney in Fad ❑ Trustee o Other: Top of thumb here er's Name: ❑ In ' 'dual ❑ Corpor Officer—Title(s): ❑ Partner L ❑ ' ited o General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Ognge ) On 12/03/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(ss) who proved to me on the basis of satisfactory evidence to be the persons} whose name(S) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his rher/their authorized capacity(IBs), and that by his(her/their signatures on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. A. MACPARLANE s. Notary Public - California Orange County Commission 82188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7662235 Document Date: 12/17/2019 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 1173 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NO 0 1 • • • • • • . • • ;11 . • :11 • •:� • 1 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-fn-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, Vice President, of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 17th day of December , 2019 ,yi'r+�64 ., J 4 ai' a'r�.n By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.fet)ortsfclaimsO,zurichna.com 800-626-4577 PRF7662236 Bond Number City of Santa Ana Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof mid are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bales , its true and lawfid agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its off -ice in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of December , A.D. 2019 fe lVup IA�WV 8RAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert A Murray Vice President(, By: Dawn E. Secretary State of Maryland County of Baltimore On this 17th day of December A.D. 2019 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a`agCr's.^yy''. 4 Yr a01 ,Is ry,'xxy,,lsyg�� Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023