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ALL AMERICAN ASPHALT (3)
Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council,City of Santa Ana Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 1988 1E �1111 11111 IE 1111111�11I II 11� 1111E T I�I NO FEE Santa Ana,CA 92702 * $ R 0 4 0 9 1 6 6 8 4 4 $ 2017000128978 2:12 pm 03/30/17 7 416 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 e construction of LOCAL STREET SLURRY SEAL 2014-15 under contract entered into on July 7, 2015, with ALL AMERICAN ASPHALT, on which contract FIDELITY AND a DEPOSIT COMPANY OF MARYLAND is surety. The property on which such work o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and o w described as Project No. 15-6839 located at: VARIOUS STREETS. The work improvement on A said property was accepted as completed on DECEMBER 8, 2016 . a vx, o CITY OF A, A MUNICIPAL CORPORATION wo y z Q Dated: ! ~ r1 Princi al Civil Engineer-Ty1one Chesanek TITLE y ------------------------------------------------------------------------------------------- fl„ CG VERIFICATION 1, the undersigned, say: I am the City 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 at Santa Ana, California (Signature of individuals Baring that the contents of Notice of Co pletion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2015 TITLE: AWARD CONTRACT FOR LOCAL STREET SLURRY SEAL 2014-15 (PROJECT 156839) {STRATEGIC PLAN NO. 6, 11B, 1C & 1G} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED AL 0 7 2015 RrAB Recommended © As Amended Ordinance on let Reading ❑ Ordinance on 2m Reading ❑ Implementing Resolution [] Set Public Hearing For CONTINUED TO FILE NUMBER 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 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: 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 Fa_irshare 652,960 TOTAL: $2,902,500 Executive Director Public Works Agency FM/EWG/ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVE S TO FUNDS AND ACCOUNTS: �� ^� F ancisco Gutierrez " Executive Director Finance & Management Services Agency CONTRACT AWARD FOR LOCAL SLURRYt r (PROJECT f .. `M Exhibit 1 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 $2,902,600 Exhibit 2 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 CNS#: 2750422 NOTICE INVITING BIDS `�" S P PROOF OF PUBLICATION Pial M-2=;a"°a" fomla 92]011 an Ad Description: - 1. Local Street Slurry Seal FY 14-15 submissitionon garden and ubmisslod ls. mcludetl lnFtfie I am a citizen of the United States and aresident 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 ANA, 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, Stale of California, under dale 11/19/1905, 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: TM1Is space for In accordance with the provi- slons of the Caldorma Labor Code prevailing wages rates apply. 6!12,6/13/16 ONS•2750422# - 05/12/2015, 05/13/2015 R---77Ezpoo47899N Executed on: 05/13/2015 At SANTA ANA, California - I certify (or declare) under penalty of perjury that the foregoing is true and - - correct. Signature. III III II II II IIII III I III I II it II * A 0 0 0 0 0 3 7 5 7 2 7 0 PROJECT NO. 15-6839-- 2015.5 C.C.P. ( ) LOCAL STREET SLURRY SEAL2e1415 State of California ) Scope of work includes re- moval & preplacement of as - County of ORANGE ) as '. phalt concrete , pavement, slurry 'seal,signing, and striping:.. Notice Type: BID- NOTICE INVITING BIDS Prior to bid opening Bidders must possess or obtain -a valid. California 'Claes "A" Contractor's license. - Ad Description: - 1. Local Street Slurry Seal FY 14-15 submissitionon garden and ubmisslod ls. mcludetl lnFtfie I am a citizen of the United States and aresident 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 ANA, 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, Stale of California, under dale 11/19/1905, 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: TM1Is space for In accordance with the provi- slons of the Caldorma Labor Code prevailing wages rates apply. 6!12,6/13/16 ONS•2750422# - 05/12/2015, 05/13/2015 R---77Ezpoo47899N Executed on: 05/13/2015 At SANTA ANA, California - I certify (or declare) under penalty of perjury that the foregoing is true and - - correct. Signature. III III II II II IIII III I III I II it II * A 0 0 0 0 0 3 7 5 7 2 7 0 Recorded in official Racorus, orange wulny Hu h `N an clerk Recorder I NO FEE * R 0 0 0 7 5 5 6 4 8 8$ 201585000434 9:16 am 05/28115 242 304 z01 0.00 50.00 0100 0.00 0.00 0.00 0.00 0.00 To: COUNTY CLERK County of Orange P.O. Box 238 Santa Ana, CA 92702 Project Title: Local Street Slurry Seal 2014-15 ProjectNumber(s): PWA-2016.504-CIP Project Location: 1 Citywide From: City of Santa Ana Planning & Building Agency 20 Civic Canter Plaza M-20 Santa Ana, CA 92702 Date of Approval: 07/07/2015 City: . Santa Ana County: Orange ER Number: Project Description: Work Includes applying slurry seal material to surface of roadway Applicant Name: Kenny Nguyen , City of Santa Ana Appllcant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Nguyen, Kenny Exompt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec.15061(b)(3)1(5)) ❑ Statutory Exemption: E! Categorical Exemption: 15301 (c) Reasons) Why Project is Exempt From CEQA: Restoration of Existing Street FILED MAY 2 8 2015 ER -2015-57 POSTED MAY 2 8 2015 HUGt�UYEH,CLERK•RECORDER BY:��DEPUTY ORANGE COUNTY ERK-RECORDER DEPARTMENT BY: —ZrDEPUTY City Contact; Sean Thomas Signature: —" Title: Telephone: (714) 647-5655 Assistant Engineer SANTA ANA CITY COUNCIL 5/28/2015 Date: Miguel A, Pulldo Vincent F. Samiionto Michele Martinez Angelica Amezcua P. David eenavldes Roman Reyna Sal TinaldM Mayor Mayor Pro Tem ward t WeM2 Werd3 Ward Ward Ward MPu1id2@Awta•ane.ors VSarmlenPocrdpanig�r�e,ora MM klnex(7Axanta-ane oraAAmezcuetrTsanla-ana.8ld Dean videsrIDeanta-ane ern RRevnaf�sanfa ane aro S7' IeraAaanla•anaQp MAYOR CIN MANAGER Miguel A. Pulldo David Cavazos MAYOR PRO TEM t,,,,,.w, .r_ .� CITY ATTORNEY Vincent F. 9armlenta Sonia R. Carvalho COUNCIL MEMBERS CLERK OF THE COUNCIL Angelica Amezcuo - v.^ Made D. Huizar P. David Senavides Michele Martinez Roman A. Rayne Sol TrIaJero CITY OF SANTA ANA PLANNING B BUILDING AGENCY 20 Civic Center Plaza (M•20) P.O. BOX 1988. Santa Ana, California 92702 (714) 667-2700. Fax (714) 973.1461 www,santa-armorg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 8103 To: COUNTY CLERK County of Orange P.O. Box 238 Santa Ana, CA 92702 Project Title: Local Street Slurry Seal 2014-15 ProjectNumber(s): PWA-2016.504-CIP Project Location: 1 Citywide From: City of Santa Ana Planning & Building Agency 20 Civic Canter Plaza M-20 Santa Ana, CA 92702 Date of Approval: 07/07/2015 City: . Santa Ana County: Orange ER Number: Project Description: Work Includes applying slurry seal material to surface of roadway Applicant Name: Kenny Nguyen , City of Santa Ana Appllcant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Nguyen, Kenny Exompt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec.15061(b)(3)1(5)) ❑ Statutory Exemption: E! Categorical Exemption: 15301 (c) Reasons) Why Project is Exempt From CEQA: Restoration of Existing Street FILED MAY 2 8 2015 ER -2015-57 POSTED MAY 2 8 2015 HUGt�UYEH,CLERK•RECORDER BY:��DEPUTY ORANGE COUNTY ERK-RECORDER DEPARTMENT BY: —ZrDEPUTY City Contact; Sean Thomas Signature: —" Title: Telephone: (714) 647-5655 Assistant Engineer SANTA ANA CITY COUNCIL 5/28/2015 Date: Miguel A, Pulldo Vincent F. Samiionto Michele Martinez Angelica Amezcua P. David eenavldes Roman Reyna Sal TinaldM Mayor Mayor Pro Tem ward t WeM2 Werd3 Ward Ward Ward MPu1id2@Awta•ane.ors VSarmlenPocrdpanig�r�e,ora MM klnex(7Axanta-ane oraAAmezcuetrTsanla-ana.8ld Dean videsrIDeanta-ane ern RRevnaf�sanfa ane aro S7' IeraAaanla•anaQp AdTech Advertising System New Order Your Order is sent. Customer Information Customer Name SANTA ANA/PUBLIC WORKS AGENCY Master Id Address 20 CIVIC CENTER PLAZA 4TH FL ROSS ANNEX Phone City SANTA ANA Fax State - Zip CA -92702 Product Information Legal GOVERNMENT - NOTICE INVITING BIDS Order Information Page 1 of 2 M 61226 7146475692 7146415069 Billing ---.--- Attention Name Dina Melgar Reference 15-6839 No. Ad Description Local Street Slurry Seal FY 14-15 Sale/Hrg/Bid 06/02/2015 Date Special Please advertise the notice on Tuesday, 05/12/15 and Wednesday, 05/13/15. LEt me know Instructions if there are any issues as soon as possible. Thank you. Orders Created Order No. Newspaper Name publishing Dates Ad Price Description Price Ad Status Pricing 2750422 THE REGISTER, 05/12/2015, willbe Sent CA 05/13/2015 done by DJC Order No. Newspaper View 2750422 THE REGISTER View Ad In PDF NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids on or before the hour of 2:00:59 pm, June 2, 2015 by the Public Works Agency Receptionist, Third Floor, located at City Hall - Ross Annex, 20 Civic Center Plaza, M-22, Santa Ana, California 92701 for: PROJECT NO. 15-6839 LOCAL STREET SLURRY SEAL 2014-15 Scope of work includes removal & replacement of asphalt concrete pavement, slurry seal, signing, and striping. Prior to bid opening, Bidders must possess or obtain a valid California Class "A" Contractor's license. Information regarding bid submission is included in the Contract Documents, which are available (.pdf format) at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701. Call the PWA Projects Information Line at 714-647-5680 for hours, instructions and availability of CDs. This project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. A Contractor or subcontractor must be registered with the Department of Industrial Relations prior to submitting a bid. In accordance with the provisions of the California Labor Code, prevailing wage rates apply. https://adtech.dailyjournal.com/dj/ace/customer/NewOrder/NewOrder Verify... 5/7/2015 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No. 15-6839 Local Street slurry Seal This CONSTRUCTION CONTRACT is made and entered into this 7 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 laws of the State of California, hereinafter referred to as "CITY" and All American Asphalt, hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work 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 CITY, the following projects, herein after referred to as the "PROJECT": • Project No. 15-6839: Local Street Slurry Seal All work shall be completed in accordance with the Contract Documents prepared by the City's Public Works Agency. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Worlcs Construction and which include the following: •... Notice Inviting Bids •... Instructions to Bidders •... Bid Proposal •... Bid Bond •... Contract Forms •... Contract Bonds •... Specifications •... General Provisions *... Special Provisions •... Project Plans •... Appendices +... Contract 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. Page 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No. 15-6839 Local Street Slurry Seal 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 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. 4. CONTRACTOR agrees to complete the PROJECT 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. S. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on 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 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) 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. 8. 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 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No. 15-6839 Local Street Slurry Seal IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANT ANA MARIA D. H€i1ZAR� DAVID CAVAZOS Cleric of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City A a bey I B /dl se Sandoval Fred Mousavjpour, P.E. ief Assistant City Attorney Executive Director, Public Works Agency CONTRACTOR: All American Asphalt By: Title: Ed war J. Carlson, Vice President Page 3 of 3 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: 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 lmnp sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Mobilization 1 LS i' $251'-Q L.c! {LV $ 0— 2 Unclassified Excavation * 1.,000 CY $ ,�1 ` ` $ 3 Cold Milling * 60,000 SF $ $� �q 4 Aspbalt Concrete * 2,700 TN $ t� �p r $ � I'A 5 Rubberized Emulsion Aggregate Slurry (REAS), Type II 2,600 TN $ c- 5 V )'J $ 1 i 1 LK�d 6 Traffic Loop 30 EA $ $ 7 Temporary Construction Sign 6 EA $ ++ $ 8 Crack Sealing 1 LS $$ b— tu — 9 Protection of Surface Utility Frames and Covers I LS $ � — $y/ y ! 5(AD�— 10 Signing & Striping 1 LS $ $ 11 Traffic Control 1 LS $ V�y BPIof16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 TOTAL BASE BID 2 ! � 5 01000, ®® 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. 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 sixty (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 fter 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 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Constriction 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 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 BI] Title EDWARD J. CARLSON, VICE PRESIDENT (if an individual, so state) (If a firm or co -partnership, state the farm 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 MARKLUER- PRESIDENT EDWARD J. CARLSON - VICE PRESIDENT MICHAELFARKAS- SECRETARY BP3of16 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 Name: ALL AMERICAN ASPHALT Business Address: PO BOX 2229, CORONA, CA 92878 Business E -Mail Address: PUBLICWORKS@ALLAMERICANASPHALT.COM Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 A & C-12 License Expiration Date 1/31/2016 State Dept. of Industrial Relations (DTR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: �, 6/30/2015 Signed: Title: EDWARD J. CARLSON, VICE PRESIDENT BP4of16 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, or 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 ALL AMERICAN ASPHALT Signature of BI: Title EDWARD J. CARLSON, VICE PRESIDENT (if an individual, so state) BP5of16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF QRANGH RIVERSIDE) SS: CITY OF SANT-A-AN-,4 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 firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of,. ALL AMERICAN ASPHALT a corporation which is malting the foregoing proposal: ❑ JOINT VENTURE That he is of., one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of B der EDWARD J. CARLSON, VICE PRESIDENT Subscribed and sworn to before me this ay of Signature of officer Administering Oath (Notary Public) f, BP6of16 20 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 B. ROYSTER Commission # 2083832 Notary Public - Californla z Riverside County M Comm. Expires Oct 26, 2018 Subscribed and sworn to (or affirmed) before me on this 11t 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 Proved me on the basis of satisfactory evidence be th6 person who appeared before me.) Signature 4.yV Place Notary Seal Above Signaturelbf 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 Ownership Affidavit Document Date: 6-1-15 Number of Pages: 1 Signer(s) Other Than Named Above: None CITY OF SANTA ANA Bid Bond No. 08597423 PROPOSAL Bid Date: 06/02/2015 PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 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 1st day of June 2015, BIDDER* All American Asphalt - 400 East Sixth Street, Corona, CA 92879 Phone: (95 1)73 6-7600 w ? Car a I VILL u%t SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213) 270-0600 a`u 4 0_F0 �o%s Rebecca Haas -Bates, Attorney -in -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 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 June 1, 2015 before me, B. Royster, Notary Public Data Here Insert name and Title of the Officer personally appeared Edward J. Carlson NameAOSigner(N— B. ROYSTER Commission # 2083832 Z Notary Public - California ZZ: Riverside County My Comm. Expires oct 26, 2018 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shekhey, executed the same in his/hertheifif authorized capacity(ies), and that by his/her"cher signature(a) on the instrument the person(&), or the entity upon behalf of which the person(&) 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 •. nd an official seam I. Signature Place Notary Seal Above Signjure of 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. 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(&) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice President u Partner ❑ o Limited o General o Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): ❑ Partner 0 o Limited o Gens ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE .. 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. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer'N who proved to me on the basis of satisfactory evidence to be the person(* whose name(s). Were subscribed to the within instrument and acknowledged to me that Wg/she/tttay executed the same in hWher/their authorized capacity i and that by his(her/their slgnature4on the instrument the person(*, or the entity upon behalf of which the person(s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R. PARAINO NE Wi SS my han nd offi 1a eal.� Commission 12035590 3 •r' Notary Public - California z i Orange County" 1gr�at � M Comm. Wires AuQ 5, 2017 9 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 1 Signer(s) Other Than Named Above: All American Xsphaft _ Capacity(fes) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates L Corporate Officer — Title(s): ❑ Partner — ❑ Limited [I General 0Individual WAttorney in Fact IJ Trustee © Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Mar land Signer's Name: _._._ F1 Corporate Officer — Title(s): Cl Partner — CJ Limited © General ❑ Individual 13 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator EJ Other: Signer is Representing: 02014 National Notary Association - www,NationalNotary,org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 -fact with authority to execute bonds, policies, recognizanees, 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 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 raider 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 10th 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 Sit- day of , 20-ks:. 0 t 4 OZ-1-1.14 OQ��ro4�}i�4���°�'�%to Geoffrey Delisio, Vice President 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 Now York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true 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 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 15th day of January, A.D. 2013. ATTEST: 0 4 ), ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4y r: OWr° wQ O1103� .`GI.IIN$(..... e �._ 01 ,��D Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, TIIOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, 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, deposedr 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. �wMr�yei<iP�plb Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0033D 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: o Streets, highways including bridge projects: Vz% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 'i/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 NV License #/Exp. DIR Reg. #/ExI Location Phone Type Of Work Amount $ Name ")(A License #/Exp. DIR Reg. #/ExI License # C y Location Phone Type Of Work Amount $ Name W2 2 License #/Exli: DIR Reg. #/ExI License # Location �-�H Phone •s Type Of Work Amount $ Name 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 ft/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature ofc der EDWARD J. CARLSON, VICE PRESIDENT BP8of16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 REFERENCES 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, 303 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. $1,346,000.00 Street Rehabilitation 11/2014 Contract Amount Type of Work Date Completed 2. Port of Lonq 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 10/2014 Contract Amount Type of Work Date Completed 3. City of Santa Ana 20 Civic Center, Santa Ana, CA 92701 Name and Address of owner. Kurt Weimann (714)647-5639 Name and Telephone Number of person familiar with project, $6,951,475.00 Street Rehabilitation 12/2014 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 Center 3633 Inland Empire Blvd Ste 640, Ontario, CA 91764 (714) 937-4270 (insurance) BP9of16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. City of Santa Clarita 23920 Valencia Blvd, Santa Clarita, CA 91355 Name and Address of Owner. Bill Whitlatch (661)259-2489 Name and Telephone Number of person familiar with project. $5,995,000.00 Overlay and Slurry Seal 5/2013 Contract Amount 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. Trai Nguyen (951)961.5363 Name and Telephone Number of person familiar with project. 31,695,108.00 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) Edgewood Partners Insurance Center 3633 Inland Empire Blvd Ste 640, Ontario, CA 91764 (714) 937-4270 (Insurance) - BP 10 of 16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 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 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 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 making a false certification may subject the certifier to criminal ProserutiAn. Signed J. CAX50N, VICE PRESIDENT State of California County of Subscribed and sworn to (or affirmed) before proved to person(s) who appeared before me Notary Public day of , 20, by of satisfactory evidence to be the Notary Public Seal BP 11 of 16 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 dris certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside 7Rniverside R Co083832i �''°� Noalifornia zunty M 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 of Signer Prove o me on the basis of satisfactory evidence be,.We person nwwho„appeared before me.) Signature / Place Notary Seal Above Signaturtbf 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: 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/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such riles, 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 involved 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 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: EDWARD J. CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: BP 13 of 16 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: 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 prenticeship Council. Signed: Title: EDWARD JG.CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: (' / / 0%f�— BP 14 of 16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 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:�6i Title: EDWARD J. CARLSON, VICE PRESIDENT Firm: ALL AMERICAN ASPHALT Date: (n NI II S BP 15 of 16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 X If the answer is yes, explain the circumstances in the following space. BP 16 of 16 ACORO® CERTIFICATE OF LIABILITY INSURANCE °OATS 1(072o19y 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 is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms 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 endorsement(s). PRODUCER CA LIC OB29370 1-925-244-7700 Edgewood Partnere Insurance Centers (EPIC) [Inland Empire - Branch IO 145421 P.O. Box 5003 NCONTACT AME' Certificates Department PHONE FAX . (925) 244-7700 AIC No: (925) 901-0671 EDOAIL S' EPICcerts@epicbrokers.com INSURERS AFFORDING COVERAGE MAIC s INSURER ARCH SPECIALTY INS CO 21199 San Ramon, CA 94583 INSURED INSURER ZURICH AVER INS CO 16535 All American Asphalt INSURER NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURER O. P.O. Box 2229 INSURER E 1 INSURER F: Corona, CA 92878-2229 COVERAGES CERTIFICATE NUMBER: 44516150 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADEL INAD SUBR MO POLICYNUMBER POLICY EFF MMIDDA'YYY POLICY EXP MMIODNWY LIMITS A % COMMERCIAL G1115ML LIABILITY GPPOO2265807 08/01/15 08/01/16 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE T OCCUR DAM GE TO RENTED 100,000 PREMISES Ea Occurrence $ MED EXP (Anyone person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY [�] JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER B AUTOMOBILE LIABILITY BAP557108803 08/01/15 08/01/16 COMBINED SI NGLE LI MIT $ 2,000,000 Ee accident X ANY AUTO I BODILY INJURY (Per person) $ ALL OWNED F7SCHEDULED AUTOS AUTOS 'BODILY INJURY (Per acotlen0 $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE $ Per domin nt $ C UMBRELLA LIAR X OCCUR BE11665655 08/01/15 08/01/16 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS -MADE 'AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 IFollowing-Form $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERTXECUTME VIN OFFICERIMEMBER EXCLUDED'F NIA NC593205702 08/01/15 OB/O1/16 X PER ETH EL EACH ACCIDENT $ 11000,000 (Mandatory In NH) EL DISEASE - EA EMPLOYE $ 1,000,000 , describe under if "kDESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached a more space Is required) Project 015-6839 / RE: Local Street Slurry Seal 2014-15 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) sleles-ont 44515150 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Rose Annex (V-22) Banta Ana, CA 92701 TI{;��•_— USA ACORD 25 (2014101) sleles-ont 44515150 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD To: Whom it may concern From: Edgewood Partners Insurance Centers (EPIC) Named Insured: All American Asphalt et al Policy Numberl GPP0022658-07, BAP5571088-03, WC59320S7-02, DE11665655 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder; except, 10 days notice for non-payment of premium. Sincerely, Kathy lopek Account Manager tel: 925.244.7700 3000 executive parkway, suite 325, san ramon, ca 94583 ca license 0629370 epicbrokers.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modlfles Insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION II - WHO 18 AN INSURED is amended to include as an additional Insured those persons or organizations who are required under a wrltten contract with you to be named as an addhianal Insured, but onty with respect to liability 1or'bodlly Injury*, 'property damage", or'personal and advertising Injury caused, In whole or In part by your ads or omissions or the acts or omlasrons of your subcontractors: A. In the performance or your ongoing operations or'your work", including 'your work' that has been oompieteri: or B. In connedion with your premises owned by or rerted to you. As used In this endorsement, the words W and 'your" refer to the Named Insured. All other terms and conditions of this Polley remain unchanged Schedule Project City of Santa Ana, its officers, employees, agents, volunteers Project #15-6839 / RE: Local Street Slurry Seal 2014 - and representatives 15 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy,) Policy Number GP20022658-07 Named Insured: All American Asphalt et al EndorsementEffedlveDate. August 1, 2015 3870 00 CGL0006 00 05 07 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE • BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies Insurance provided under the follawing: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to CorxMn 4.Oftr Insurance: Where the Named Insured Is required by a written contract to provide insurance that Is primary and noncontributory, and the written contract so requiring is executed by the Named Insured before any'occumance' or offense, this insurance will be primary, but only If and to the extent required by that written contract All other terms and conditions of this Policy remain unchanged Schedule City of Santa Ana, its officers, employees, agents, volunteers and representatives Project Project #15-6839 / RE: Local Street Slurry Seal 2014- 15 Endorsement Number' This endorsement Is effective on the inception date of this policy unless oberwlse stated herein, (The information below Is required only when this endorsement is issued subsequent to preparation of the pollcy,) PoilcyNumber: GPP0022658-07 Named Insured: All American Asphalt at al Endorsement Effective Date August 1, 2015 00 COLO 130 00 09 06 Page 1 of 1 3910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modlfles Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization: Where required by written contract. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 9. Transfer Of Rights Of Recovery Against Others To Us Is amended by the addition of the following provision We waive any right of recovery we may have against the person or organization shown In the SCHEDULE above because of payments we make for injury or damage arising out of your operations or *jour work" done under a written contract with that person or organlzaton. All other terms and conditions of this Policy remain unchanged. Schedule Project City of Santa Ana, its officers, employees, agents, volunteers Project #15-68391 RE. Local Street Slurry Seal 2014 - and representatives 15 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise staled herein, (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) PollcyNumber: GPP0022658-07 Named Insured: All American Asphalt at al Endorsement EffedlveDate: August 1, 2015 00 CGLO121 DD 0906 1 ncludes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with Its permission, 3910 POLICYNUMBER BAP5571088-03 COMMERC14L AUTO CA 2D 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsenait modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FOWst MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FOM VWh respect to coverage provided by this endorsement, the provisions of the Coverage Fonn 8" unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds" under the Miw Is An Insured Provision of the Coverage Farm. This endorsement does not alter coverage provided M the Coverage Form. This endorsemant changes the policy effective on the Inception date of the policy unless another date is indicated below. Endorsement Effec9ve: 8/1/15 Countersigned By: Authorized esertative Named Insured: All American Asphalt K-101a01IJA Name of Pelson(s) or Organissllon(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Schedule Project City of Santa Ana, its officers, employees, agents, volunteers Project #15-6839 /RE: Local Street Slurry Seal 2014 - and representatives 15 (if no entry appears above, intonoatidn required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule Is an insured'for Liability Coverage, but only to the edent that person or organization qualities as an 'insured" under the Ydno Is An Insured Provision contained In Section It of the Coverage Form. CA 2048 02 99 Copyright, Insurance Services Off cs, Inc., 1998 Page 1 d 1 13 3910 BA25571088-03 POLICY NUMBER COMERCIAL AUTO CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modules Insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FOMA VAh respect to coverage provided by this endorsement, the provisions or the Coverage Form appy unless modi- (ied by the endorsement. This endorsement changes the poky d kdiv®on the Ineptlon dale of the policy unless another date is Indicated below. Named lr xed: All Americana Asphalt Endorsrnor EfpcUM OMIs. 8/1/15 Nan*s) Of Parson(s) OrOrg nkelon(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY The Transfer Of Rights Of Rsoonrey Againd Olhrs To Us Condition does not appy to the person(s) or orgrdzation(s) shown in the Schedule, but only to the extent that subrogation Is waved prior to the'bc- cidenP' or the loss" under a corked with that person ororgarzatlon. Schedule City of Santa Ana, its officers, employees, agents, volunteers and representatives Project Project #15-6839 /RE: Local Street Slurry Seal 2014- 15 3910 CA 0444 0310 O Insurance Services Office, Inc., 2009 Page 1 d 1 0 WORI¢RV COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY NAC 04 0306 (Ed. +44) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CAUFORNIA We tows the right to recover our payments from anyone Mable for an injury covered by this policy. We will not enforce our right against the person or organization neared in the Schedule. (This agreement applies only to the exterA that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 0.00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Parson or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION Schedule Job Doscrlplion ALL CA OPERATION City of Santa Ana, its officers, employees, agents, volunteers and representatives All American Asphalt Policy #WC5932057-02 8/1/15 Project #15-6839 /RE: Local Street Slurry Seal 2014-15 Zurich American Ine. Co. M 252 fel WC 04 03 06 (Ed. 4A4) Pepe 1 of 1 3970 Duplicate Orlginal supersedes Bonds Dated: July 7, 2015 CITY OF SANTA ANA Bond No. 7645257 BONDS Premium: $9,766.00 Premium is for contract term and is subject to PROJECT NO.: 15-6839 adjustment based on final contract price LOCAL STREET SLURRY SEAL 2014-15 Executed in Three Counterparts FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State*and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Two Million Four Hundred Seventy Two Thousand Five Hundred & 00/100------- Dollars ($ 2,472,500.00 ), 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 Maryland 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 July 7, 2015 for Project No. 15-6839: Local Street Slurry Seal 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 terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of August ___12015 . 400 East Sixth Street, Corona, CA 92879 SURETY* Fidelity mid Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **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 $ _t- 766.00 13) 270-0600 David Wei this _ day of State 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. 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE g 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 validity of that document. State of California County of Riverside On 8/14/15 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Names) of Signers) 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/s;/�4hey executed the same in his/ha4#u it authorized capacity(ies), and that by his/4e9their 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 Stale of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of 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. Description of Attached Document Title or Type of Document: Performance Bond No. 7645257 Document Date: 8/13/15 Number of Pages One (1) Signers) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual n Individual X Corporate Officer—Title(s): Vice -President in Partner ❑ o Limited o General ❑ Attorney in Fact n Trustee n Other: Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner ❑ o Limited o General n Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: Signer is Representing: Signer is Representing CALIFORNIA • r . CODE A notary public or other officer completing this certificate verifies only the iderrkity of the individual who signal 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 08/13/2015 before me, R. Paramo, Notary Public Date Here insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameW,of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name(6$ is/are subscribed to the within instrument and acknowledged to me that he/she/ftw executed the same in his/her/thsir authorized capacity(ii*, and that by hia(her/their signature(4on 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 —e-ap- ontect. R, PARAMO / WITNItSS my hand nd a ictal- ea Commission N 2035090 � z `++ Notary Public - California z z Orange CountyCo ' nature— — M C(imm. Ex fres Aug5, 2017 t 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: _,,,.,_Performance Bond No. 7645257 Document Date: 08/13/2015 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 — 0 Limited ❑ General ❑ Individual QAttorney in Fact ❑ Trustee 17 Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Comfy of Maryland Signer's Name: C7 Corporate Officer — Title(s): ❑ Partner — 1".7 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotery.org • 1 -800 -US NOTARY (1-800.876-6827) Item #5907 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-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 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 10th 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 A�day of �6 ,S 2013' . Iti BBAL ua� 1088 ! «r Michael Bond, Vice President 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 Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true 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 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 5th day of August, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Fra ob oyr epi^..... «.. _ JP' o a .iso °0N asnm5 98AL = _ _. 0. «� a �q 'L,s,+, is99.1'sia 6d w . •O?...... Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 5th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, 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. ,,onlugp. Ay (2 4D11111, Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-0033D CITY OF SANTA ANA BONDS PROJECT NO.: 15-6839 LOCAL STREET SLURRY SEAL 2014-15 PAYMENT BOND _ V ieate Original Supersedes Bonds Dated: July 7, 2015 Executed in Three Counterparts Bond No, 7645257 Premium included in 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 Two Million Four Hundred Seventy Two Thousand Five Hundred & 00/100 -------- Dollars ($ 2,472,500.00 ), 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 Maryland 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 July 7, 2015 for Project No. 15-6839: Local Street Slurry Seal 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. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of August 2015 400 East Sixth Street, Corona, CA 92879 (951)736-7600 6cra%frp 7. (..ar/6'oh, Vi ce vr"S'Ia T_ SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 t"20 Q__L`r0 12§L (V)=XQi 0Q David Wei (213) 270-0600 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **See Attached** this day of 20_ Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ 3.95 per thousand. Total amount of premium charge is $ Included in Performance Bond . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number ofauthorized representative. 2of3 CALIFORNIA ALL-PURewOSE 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 8/14/15 before me, Donna Thorne, Notary Public , Dale Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he414E4 authorized capacity(ies), and that by his/hs4theip signature(s) on the instrument the person(a), or the entity upon behalf DONNA THCRNE of which the person(s) acted, executed the instrument. Commission # 2067766 a ram Notary Public - California z Z ncertify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. My Comm. Expires Jun 7, 2015 WITNESS my hand and official seal. Signature A%%"4 Place Notary Seal Above Signature of 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. Description of Attached Document Title or Type of Document: Payment Bond No. 7645257 Document Date: 8/13/15 Number of Pages One (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice -President o Partner ❑ n Limited c General o Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here Signer's Name: o Individual ❑ Corporate Officer—Title(s): _ • Partner u o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: CALIFORNIA•.. . r ave .R,.. � ... e�M..c,¢ c xe - s .. � .. a.✓a.. A Watery public or other officer completing this certificate verifies only the identity of the individual who signed]tho document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California ) County of Orange ) On 08/13/2015 before me, R. Paramo, Notary Public Bate Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(syl.,of SigmerN who proved to me on the basis of satisfactory evidence to be the persons) whose name4 is/are subscribed to the within instrument and acknowledged to me that Rre/she/thw executed the same in hWher/thsir authorized capacity(tns), and that by INa(her/thek signatureZb) on the instrument the person(sjy or the entity upon behalf of which the person(s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State f lifornia that the foregoing paragraph Is tr d correct. R. PARAMO WIj ESS my h n arfd fflcf meal. Commission N 2035890 �+ Notary Public • California a z Orange County lgnat :_✓ M Comm. Ex fres Aug5 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:__ Payment Bond No. 7645257 Document Date: 08/13/2015 Number of Pages: one 1 Signer(s) Other Than Named Above: All American Asphalt Capacfty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates 0 Corporate Officer — Title(s): 1-1 Partner — 0 Limited C7 General • Individual C& Attorney In Fact ❑ Trustee ❑ Guardian or Conservator © Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: 11 Corporate Officer — Title(s): CI Partner — El Limited 0 General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNoti".org • 1 -800 -US NOTARY (1-800-876-6827) Item #5807 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 -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 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 45thdayof Aiq&s 2015 . ,p0 OtfOJi p•�I%lYIN3f/�' � �..yq�y.' F 1o03 .,.. P -i. _•_ : J SEAL ItY1'4 66�low If- i 9 D - Michael Bond, Vice President 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 Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true 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 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 WFIINESS 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 5th day of August, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND UrA n'�W�P,'�. r[[[ ai to,1868%, w .,q?.._.....np+J,. 44miinl `BY J Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 5th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, 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 mud 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 POA -F 012-0033D %,1„UIY 'yG Constance A. Dunn, Notary Public My Co[mnission Expires: July 9, 2019 POA -F 012-0033D