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HomeMy WebLinkAbout23C - PROJ - STREET SLURRY SEALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AWARD CONTRACT FOR LOCAL ❑ As Recommended STREET SLURRY SEAL 2014 -15 ❑ As Amended (PROJECT 156839) p Ordinance on 2nd Reading (STRATEGIC PLAN NO. 6, 1B, 1C & 1G) ❑ Implementing Resolution ❑ Set Public Hearing For„ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the Base Bid totaling $2,150,000, for construction of the Local Street Slurry Seal 2014 -15 Project. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $2,902,500. DISCUSSION This action will allow construction of the local street slurry seal project approved in the City's Capital Improvement Program for Fiscal Year 2014 -15. The recommended local street segments are located throughout the City and were identified by the City's Pavement Management System (Exhibit 1) as high priority streets for slurry seal. The work consists of preparing the roadway by performing minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, striping, and signage. A Notice Inviting Bids was advertised on May 12 and 13, 2015, and bids were opened on June 2, 2015. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 10 Bids received 2 Bids received from Santa Ana contractors 0 23C -1 Contract Award for Local Street Slurry Seal 2014 -15 July 7, 2015 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 All American Asphalt Corona $2,150,000 2 Pavement Coatings Co. Jurupa Valley $2,747,040 A total of two bids were received and both were deemed responsive. All American Asphalt submitted the lowest responsive bid in the amount of $2,150,000, which matches the engineer's estimate of $2,150,000. Therefore, staff recommends award of this contract to All American Asphalt. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -57, was filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis estimates a total project delivery cost of $2,902,500, which include the construction contract; construction administration, survey, and inspection; and contingencies (Exhibit 2). Funds are budgeted in the Gas Tax Residential Street Improvement Fund (Account No. 05817661- 66220) and the Measure M2 Fairshare Fund (Account No. 03217662 - 66220) for expenditure in Fiscal Year 2015 -16 as follows: 23C -2 Contract Award for Local Street Slurry Seal 2014 -15 July 7, 2015 Page 3 Proiect Account Amount 156839 05817661 - 66220 Gas Tax $2,249,540 03217662 - 66220 Measure M2 Fairshare 652,960 TOTAL: $2,902,500 Executive Director Public Works Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVEMAS TO FUNDS AND ACCOUNTS: #V- P F ancisco Gutierrez " Executive Director Finance & Management Services Agency 23C -3 23C -4 `L (NTS) SANTA ANA TMlB QUIA WA A @JD ATE= CON'iRACT AWARD r-aLa juLV i LOCAL STREET SLURRY SEAL 2014 -15 (PROJECT NO.; 156M) Exhibit 1 23C -5 23C -6 COST ANALYSIS PROJECT NO. 15 -6839: LOCAL STREET SLURRY SEAL 2014 -15 Construction Contract $2,150,000 Contract Administration $96,750 Inspection and Testing $161,250 Surveying $64,500 Contingencies $430,000 TOTAL ESTIMATED CONSTRUCTION COSTS $2,902,500 Exhibit 2 23C -7 23C -8 CITY OF SANTA ANA CONSTRUCTION CONTRACT" Proiace No. 15-6839 Local Street Slurry Seat This CONSTRUCTION CONTRACT is made and entered inter this i day of July 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation Organized and existing under the Constitution and Taws of the State of California, hereinafter referred to as '"CI'T'Y" and All American Asphalt* hereinafter referred to as OCONTRAC"i`tlW. =M@= T= The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows; 1. CONTRACTOR agrees to perform all the wort; and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the Ci`I'Y, the following projects, herein after referred to as the 'PROJECT'. r Project No. 15-6839: Local Street Slurry Seal All work shalt be completed in accordance with the Contract Do currents prepared by the City's Public Works Agwcy. 2. The complete Construction Contract consists of the " Contract Documents," as defined by the Standard Specifications for Public Works Cons4Tuction and which include the following; Notice IxavitinBids +... Instructions to Tltlders •... Bid Prop osa] .., Contract For=ms �... Contract fonds •... Specifications .,.. General Provisions ... Special. Provisions 0... Project Plans Appendices Coatract Agreement In case of conflict between the Contract Documents, the precedence of documents shall. be as established in the Standard Specifications for Public Works, Construction, 2012 edition.. Exhibit 3 Page ;t of $ CITY OF SANTA ANA CONSTRUCTION CONTRACT Rr *d No.15.6839 Local street slaw sea! 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the PROJECT the sum total amount not to exceed $2,472 „500, as set forth and identified in the BrD PROPOSAL, which is attached hereto and incorporated herein as Exhibit Ow, The BID PROPOSAL contains a schedule of unit price(s) or lump sumCs) based on approx=imate 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 maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the PROJECT within the tune specified in the Time for Completion of Improvements semon of the BID PROPOSAL (Rxldbit 'Wo including commencing construction within the titneframe therein specified after issuance of a Notfco, to Proceed. 5. The CONTRACTOR will pay, and wild require all subcontractors to pay, all employees an the PROJECT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6, CONTRACTOR shall, after award of this Contract, furnish two fronds to be approved by the CITY, one in the amount of One Hundred Percent (1006) of the Contract price, to guarantee the faithful performance of the work (Performance bond), and one in the amount of One Hundred Percent (1II0%) of the Contract price to guarantee payineut 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, CONTRACTOR shall, prior to the release of the performance and payment fronds or the retention payment, furnish a warranty performance and payment bond equal to at least tan (100A) percent of the final Contract price or $1,000, whichever is greater (Warranty llcrnd). 7. CONTRACTOR shall, upon protect completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the C7"C , in the amount of Twenty -Five Percent (250A) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. B. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to tae approved by the CITY. Page 2 of 3 •r ■ . r r r .ar ATTEST e e r a tOFORM. CITYOFSANTAANA DAVID CAVAZOS City Manager • � ei v� �e a ♦i 23C -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ALLAMFRICANASPHALT REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization 1 LS $n $ 2 Unclassified Excavation 1,000 CY 3 Cold Milling * 60,000 SF 4 Asphalt Concrete * 2,700 TN 5 Rubberized Emulsion Aggregate Slurry (REAS), Type II 2,600 TN $ e p 6 Traffic Loop 30 EA $ 7 Temporary Construction Sign 6 EA 8 Crack Sealing 1 LS t x'10- $ IT $ Nito- 9 Protection of Stuface Utility Frames and. Covers I LS $y� C,�r� d5w 10 Signing & Striping 1 S $ II�lAA1'� $ � 1 y GIY�r�.Dp 11 Traffic Control I LS Exhibit.A 2 36£13 { y .j _I i i CITY OF SANTA ANA PROPOSAL PROJECT NO.: t5 -6839 LOCAL STREET SLURRY SEAL, 2014-15 TOTAL BASE Bill 1 j 0, 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 forbid 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. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within si? t 60 working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten 10) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $2,500 per calendar day. Name of Firm ALL AMERICAN ASPHALT Signature of BIDDER Title EDWARD J. CARLSON, VICE PRESIDENT (if an individual, so state) BP2of16 23C -14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6539 LOCAL STREET SLURRY SEAL 2014 -15 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Consttnction 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 Cleric 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 fiends, 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 fiords, 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 wider penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BI ALL AMERICAN ASPHALT Title EDWARD J. CARLSON, VICE PRESIDEN"r (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 MICHAELFARKAS - SECRETARY BP3of16 23 C -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 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 Narne: ALL AMERICAN ASPHALT Business Address: PO BOX 2229, CORONA, CA 92878 Business E -Mail Address: PUBLICWORKS @ALLAMERICANASPHALT.COM Telephone: 961. 736 -7600 State Contractor's License No. and Class: License Expiration Date 1/3112016 State Dept. of Industrial Relations (DIR) Registration No.: 267073 A& C -12 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: r �; 6/30/2015 Signed: Title: EDWARD J. CARLSON, VICE PRESIDENT BP4of16 23C -16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 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. NazneofFirm ALL AMERICAN ASPHALT Signature of BIDDER Title EDWARD J. CARLSON, VICE PRESIDENT (if an individual, so state) -13 2PjS.Qf 11 7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6834 LOCAL STREET SLURRY SEAL 2014 -15 OWNERSHIP AFFIDAVIT STATE OF CAT ) COUNTY OFoRANGE RIVERSIDE) SS; CITY OF SANT-A-ANA CORONA ) EDWARD J. CARLSON - -, being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSHIP That he /she is a member of the co- partnership First designated as: and who has been and is daily vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co- partnership. INCORPORATION That he is of: ALL AMERICAN ASPHALT a corporation which is making the foregoing proposal: ❑ JOINT V ENTU RE That lie, is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duty vested with the authority to execute instruments fur 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 hi If or any other person. Signature of Bidder EDWARD J. CARLSON, VICE PRESIDENT Subscribed and sworn to before me this ay of 20 — Signature of officer Admini ering Oath (Notary Public) BP6of16 23C -18 FORNIA OOV CODE 5 8202 A notary public or other officer completing this certificate verges 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 Subscribed and sworn to (or affirmed) before me on this 111 day of June 2015, Date Month By (1) Edward J Carlson Name of Signer Proved to me on the basis of satisfactory evidence 0 RCVSTER be the person who appeared before me Cc®ml6Slon # 2003032 Notary Public . California z (and z ` Riverside County My COMIM Expires Oct 26, 2010 M (2) Name of Signer Prove5A6 me on the basis of satisfactory evidence be tja 6 person who appeared before me.) Signature _ 4—V�t- Place Notary seat above Signatureitf :Notary Public OPTIONAL Though. the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document. Ownershlo Affidavit Document Date: 6.1.15 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of Thumb here 23C -19 CITY OF SANTA ANA Bid Bond No. 08597423 PROPOSAL Bid Date: 06/02/2015 PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 45 KNOW ALL PRESENT that, All American Asphalt as BIDDER, and Fidelity and Deposit Company of Maryland ,,is SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Tell 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, fnvily 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 1st day of June ,2015. BIDDER* All American Asphalt - 400 East Sixth Street, Corona, CA 92879 Pho=(951)736 -7600 SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213) 270 -0600 Rebecca Baas- Bates, Attorney-fin-Fact Subscribed and sworn to before me "Please See Attached" this day of ,20_ Signature: Notary public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. BP7of16 23C -20 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT CIVIL CODE 4 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 uvthfulness. accuracy, or validitv of that document State of California County of Riverside On ;Tune 1, 2015 before me, B. Rooster, Notary Public Date Here Insert name and Title of the Omcer personally appeared Edward J. Carlson Name�pors5gner(�° who proved to me on the basis of satisfactory evidence to be the persons) whose name(f) is /are subscribed to the within instrument S. ROYSTER and acknowledged to me that he(shekhey executed the same In Commission # 2083832 his /tterltheir authorized capaolty(les), and that by his /henkhelr z :"'^� - Notary Public- California z signature(a) on the instrument the person(s), or the entity upon behalf q Rlversltle County of which the person(r) acted, executed the instrument. }� M Comm. Ex Ires Oct 26, 201a I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hpnd anA official seal Signature 4,1. Piece Notary seal Above sign ere of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond —City of Santa Ana Document Date: June 1 2015 Number of Pages: 3 Signer(s) Other Than Named Above:. Rebecca Haas - Bates, Attorney -In -Fact Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): „ Vice President ❑ Partner ❑ n Limited o General ❑ Attorney in Fact ❑ Trustee Tap of Thumb here n Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): • Partner ❑ ❑ Limited ❑ G�esnE • Attorney in Fact j • Trustee ❑ Other: i Signer is Representing: 23C -21 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-- 06/01/2015 before me, R. Paranxo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca ldaas -Bates NameKof Signerrsj who proved to me on the basis of satisfactory evidence to be the persons} whose name* is /tea subscribed to the within instrument and acknowledged to me that Ere /she /they executed the same in his/her/thair authorized capacity(iBS), and that by hts(her/thsir signatures{ on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R. PARAMOWI NESS my flan nd offl is cal. Commission 0 2036690 Notary Public - Oellforrna 7Z C�� Orange County tg �at� P My Comm. fz ire$ Au 5, 2017 Signature of Notary 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: Bid Bond Document Date; 06[01/2015 Number of Pages: One i Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates O Corporate Officer — Title(s): ❑ Partner — ❑ Limited n General • Individual ['Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): D Partner — Cl Limited ❑ General • Individual 0 Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: 02014 National Notary Association • www.NEttionalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 23C -22 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attome9s -in -�. 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 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 tall 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 field on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of aSecretary or an Assistant Secretary and the Seat of the Company inay 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 loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMON�Y� WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this � day of z.- .x.r.r�x. , 20_E lryroil nrT'N U. g uw r 3 spa. taea %c °d' B/1L 4+.r.w 'svd'N *.' *eF'6�33,Pyp hhry „ Geoffrey Delisio, Vice President 23C -23 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 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: • Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name jOX License # /Exp. DIR Reg. # /Exp. Location Phone x Type Of Work Amount $ Name Licen DIR I Licen Locat Phone Type Amot Name Licen DIR I Licen Local Phone Type Amot Naive License #i /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 $ Signature of Mder EDWARD J. CARLSON, VICE PRESIDENT BP8of16 23C -24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. 1. City of Fullerton, $03 W. Commonwealth Ave, Fullerton, CA 92832 Name and Address of Owner. Kevin Kwak (714) 738.6865 Name and Telephone Number of person familiar with project. $1,348,000.00 StreetRehabllitatlon 1112014 Contract Amount Type of Work Date Completed 2, Port of Long Beach 4801 Airport Plaza Drive, Long Beach, CA 90815 Name and Address of owner. Lincoln Lo (562) 283 -7000 Name and Telephone Number of person familiar with project, $992,000.00 Roadway Maintenance & Slurry Seal Contract Amount Type of Work 3, City of Santa Ana 20 Civic Center, Santa Ana, CA 92701 Name and Address of owner. Curt Weimann (714) 647.5639 Name and Telephone Number of person familiar with project, $6,951,475.00 Street Rehabilitation 10/2014 Date Completed 1212014 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 777 S. Figueroa St #3900, Santa Ana, CA 90017 (213) 270 -0600 (Broker) - Millennium Corporate Solutions 5530 Trabuco Road, Irvine, CA 92620 (949) 857 -4500 (Agent) Edgewood partners Insurance Canter 3633 Inland Empire Blvd Ste 640, Ontarlo, CA 91764 (714) 937 -4270 (Insurance) BP9of16 23C -25 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 ADDITIONAL REFER, CES The following are the names, addresses, and telephone numbers for THRl';B public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years, 1. City of Santa Clarita 23920 Valencia Blvd, Santa Clarita, CA 91355 Name and Address of Owner. Name and Telephone Nun $5,995,000.00 Contract Amount of person familiar with project. Overlay and Slurry Seal 5/2013 Type of Work Date Completed 2, LACDPW 900 S. Fremont Ave, Alhambra, CA 91803 Name and Address of owner. Hector Hernandez (626) 458.2191 Name and Telephone Number of person familiar with project, $2,077,000.00 Street Rehabilitation 12/2013 Contract Amount Type of Work Date Completed 3, County of Riverside Transportation 3525 14th Street, Riverside, CA 92501 Name and Address of owner, Tral Nguyen (951) 961 -5363 Name and Telephone Number of person familiar with project. $1,695,108,00 Street Rehabilitation Contract Amount Type of Work 9/2013 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 777 S. Figueroa St #3900, Santa Ana, CA 90017 (213) 270 -0600 (Broker) Millennium Corporate Solutions 5530 Trabuco Road, Irvine, CA 92620 (949) 857.4500 (Agent) Edgeweod partners Insurance Center 3633 Inland Empire Blvd Ste 640, Ontario, CA 91764 (714) 937 -4270 (Insurance) BP 10 of 16 23C -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAT, 2014 -15 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance 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 o£, 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal prosecutidn, Signed VICE State of California County of Subscribed and swom to (or affirmed) before proved to person(s) who appeased before me Notary Public day of , 20_, by of satisfactory evidence to be the Notary Public Seal BP I 1 of 16 23C -27 GOV CODE 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 B. ROYSTER Commission # 2083032 i Notary Public - California zz Riverside County My Comm. Expires Oct 26, 2018 Subscribed and sworn to (or affirmed) before me on this 1St day of June 2015, 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 Prove me on the basis of satisfactory evidence be e person who appeared before me.) Signature Place Notary Seal Above Signatur 7f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: 6 -1 -15 Number of Pages: 1 Signer(s) Other Than Named Above: None 23C -28 Tap of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /sbo has a collective bargaining agreement or other, contract or understanding, a notice to b6 provided advising the said labor union or workers' representatives of the Contractor's commitments tinder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1.965, 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. 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, terrninated, or suspended in whole or in part and the Contractor may be declared hicligible 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. BP 12 of 16 23C -29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 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 becornes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: EDWARD J. CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: —t p / i L1 ............___..... BP 13 of 16 23C -30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices; and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor tinder 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 Califaniia Aoprehticeship Council. Signed: Title: EDWARD J, CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: (0 / / b ,— BP 14 of 16 23C -31 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 STATEMENT REGARDING "ANTI- KICKBACK" REQILIREMENTS 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 'USG 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 othezwise entitled. Signed: Title: EDWARD J. CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: BP 15 of 16 23C -32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6839 LOCAL STREET SLURRY SEAL 2014 -15 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, antler 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 x If the answer is yes, explain the circumstances in the following space. BP 16 of 16 23C -33 23C -34