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HomeMy WebLinkAboutC24360 Citywide Slurry Seal Program 751-06REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No.C24360 to American Asphalt South, Inc. of Fontana, California for Construction of the 2006 Citywide Slurry Seal Program (Project No. 751-06) Mark Greenwood, P.E., Director of Public Works American Asphalt South, Inc. P.O. Box 3610 Fontana, California 92334 April 13, 2006 Vicinity Map Contract Agreement Contractor's Proposal Recommendation: By minute motion: 1. Award Contract No.C24360, in the amount of $492,340.00, to American Asphalt South, Inc., of Fontana, California for Construction of the 2006 Citywide Slurry Seal Program (Project No. 751-06); 2. Approve a 10% contingency in the amount of $49,234.00; and 3. Authorize the Mayor to execute the subject agreement. Discussion: The 2006 Citywide Slurry Seal Program will use rubberized slurry seal to coat the streets within Palm Desert Country Club. Additionally, portions of San Pablo Avenue, Cook Street, and Hovley Lane East will receive the same treatment. The rubberized slurry has an elastic quality that prolongs street life longer than conventional slurry. The project was duly advertised and contractors were encouraged to submit bids. At the April 3, 2006 bid opening, two contractors submitted bids. The breakdown is below: American Asphalt South, Inc. Pavement Coatings Co. $492,340.00 $506, 760.00 Award Contract C24360 to American Asphalt South, Inc. April 13, 2006 Page 2of2 If Council approves the project, the following represents how the project is expected to proceed: City Council Contract Award April 13, 2006 Construction Period (30 Calendar Days) May 2006 through June 2006 Project Acceptance July 2006 Funding is available for this project in account 110-4311-433-3320. Therefore, staff recommends that City Council award Contract No. C24360 in the amount of $492,340.00 (plus a 10% contingency) to American Asphalt South, Inc. for construction of the 2006 Citywide Slurry Seal Program (Project No. 751-06). Submitted By: Department Head: Ryan Gayler Mark Greenwood, P.E. Project Administrator Director of Public Works Approval: Homer Croy Paul Gibson ACM for Development Services Director of Finance Carlos L. Ortega City Manager /rg/dhl W Agenda Items12006-Apr 131Aoard contract Slurry Seal 751-06lAward contract slurry seal 751-06 doc FIRE DANCE J.N TURENDOT, RD EXHIBIT FOR ITEMS 1-35 ;� w�\111111111111111111111111111 NUM Int .',%11k on is ��m1imiiimpieuna• • • U t``g8 RI OR SCIMITAR WAY O Qon i , r,°+%.„.. 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WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, 1. 2006 Citywide Slurry Seal Program, PROJECT NO. 751-06, CONTRACT NO. C24360, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda No. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within thirty (30) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: Page G-1 a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, a. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Page G-2 Release of Retention The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7 Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Page G-3 CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: OWNER: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Page G-4 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal", a contract for: 2006 Citywide Slurry Seal Program PROJECT NO. 751-06 CONTRACT NO. C24360 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, American Asphalt South, Inc. the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Four hundred ninety-two thousand three hundred forty and no cents Dollars ($492,340.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page H-1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Page H-2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to American Asphalt South, Inc. (hereinafter designated as the "Contractor"), an agreement dated April 13, 2006 described as follows: 2006 Citywide Slurry Seal Program, PROJECT NO. 751-06, CONTRACT NO. C24360, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, American Asphalt South, Inc., the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , 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 Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Four hundred ninety-two thousand three hundred forty and no cents Dollars ($492,340.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page H-3 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney -in -Fact) (Typed Name and Title) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page H-4 Contractor's Proposal 2006 Citywide Slurry Seal Program Project No. 751-06 Contract No. C24360 TO: CITY OF PALM DESERT, "Owner" DATE: 4P I 3 ��ofx/ BIDDER: 4%'rkerr1 +.4 // ✓Od�, "J 1. "Contractor" The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of, 2006 Citywide Slurry Seal Program, Project No. 751-06, Contract No. C24360, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 f for the amount stated in this Proposal. By submitting this Proposal, Contractor agrees with Owner: 1. That unless withdrawn in person by Contractor or some person authorized in writing by Contractor — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The Owner has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of OWNER. Said contract shall only be deemed awarded after the contractor's complete submission of all contract documents, bonds, insurance documentation, and the OWNER shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to Owner such information as Owner may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashiers check or Bid Bond constitutes a guarantee that if awarded the contract, Contractor will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If Contractor fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to Owner, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs Owner to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. i, jr,. "ER` .1 a gi+ '#i��t`.� µ. , €#i}y'iY>_5Y '''.- 1 Apply Type II Rubberized Emulsion Aggregate Slurry (REAS) Gallon 103,000 $ r1 1'{'. 1n $ Li9 - u $ $ TOTAL BID PRICE $14g2.34(3. °a The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ LF9 2_' 30 _ o0 TOTAL AMOUNT BASE BID IN WORDS FOu2 Nuath Nto k( --14ms de 1-iunORzEQ 02 tit S\eS Al•-r NO Q S IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page C-1: By: Title: 5erre74 y Signature Contractor Attest by: Notary Public in and for said County and State Title: Page C-2 RICHARD ENTRIKON COMM. /159305 D NOTARY PUBLIC-CALIFORNIA 7, SAN BERNARDINO COUNTY v; CALIFORNSI ALL-PURPOSE ACKNOWLEDGMENT State of California County of -Sin 3Prnc;..r cJir)iJ On /.r24- : ?GYM/ Date ss. before me, + C Act t�% rr✓ n tr't IC i ;7 - Ag-it ('� P , one d ele of Officer ',e.g.. %;ane Cco, Notary Public'' personally appeared y lc -1-6 n N Q My Comm. Exp. Juy 13, 2009 - f -v- v v v -v \' Hornets) of S:gner(s) N. personally known to me C7 proved to me on the basis of satisfactory evidence to be the person‘s1 whose name4 is/ire' subscribed to the within instrument and acknowledged to me that he/skyey executed the same in hisll eatlett authorized capacity(& ), and that by his/beritiietr signature(• on the instrument the person($), or the entity upon behalf of which the person(, ' acted, executed the instrument. WITNESS my hand and official seal. Sgnature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ET Individual Corporate Officer — Title(s): Partner — EA Limited 1 General Attorney -in -Fact Trustee El Guardian or Conservator " Other: 0 1999 National Nolan/ Assoc adcn • 9350 De Soto Ave,, P.O. Boo 2402 • Chatsworth. CA 91313.2402 • www.natiocelnotary.org Prod. No. 5907 Reordor. Call ToG Free t-800-576-6827 Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. c / ,� _ / (1) Address /93/ •�7✓d %Y 4 �Jr�eo9- (2) Telephone No. (3) Type of Firm (Individual, Partnership or Corporation) LD j�7fa� (4) Corporation organized under the laws of the State of f oolq (5) Contractor's License No.%r19 Exp. Date DRACbd Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: i Signature Contractor ' Title: Secrrty (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 144 /4 , / rlob — /.'� H � S vc#1flAe. 7vnu r /44 Me (y4 144,- ferva, ..?o Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. See I cod /,3-/ 2. 3. Page D-1 DATE COMPLETED DOLLAR AMOUNT PROJECT NAME un Ln 0 0 a) a) LL LL Ln LO Ln L(j 9 9 9 0 i @ @ @ 12 O (0 0 M V- 0 O) 0 (O 0 co; Lri M O (0 �- N. O LA O O) 00 co N 0 LO O) L(i (0 M co 0 y} N- (f) L() V' CITYWIDE SLURRY SEAL PROJECT FISCAL YEAR 2004/2005 H Z W w 0 w J cn >- w J w W 1- H 0 Z d 1— co O 2 H x W W c Q LL Q N } o 5DC 2004 SLURRY SEAL PROGRAM Q m D Z rn [Q O M LL g co O Z T co U -J W Ln } 0 0 a_00 Ce a W H r W J • X • Z L Q N O r- r` O (fl FY 2004/2005 SLURRY & RESTRIPING PROJECT S 165,759.56 Z N Q U w _I 0 x a 0 H U) W Q Z_ I-�rn W o Zco 0N w�000 ZUN Q ()M YW.^- ¢oN D co Q()N („) Q O Z to (n 6) m 2 M Q' J co 0>- • Q Q r- 0 n 0 (O O Q W n m W M Q_ t wUp I---• >- JO _0.2- I --Wry �U� U we Uoo°) 0 IX rs UZr U1--- LC) LC) 0 0 c > O -) z t-- V M (0 O V cY co. N co- O a) V V' co e-fl t` (n (69 w H 0 W U 12 0 0 v' w REFERENCE LIST DATE COMPLETED DOLLAR AMOUNT to L to L() Cf, to to o O o o O o O o O c c z a) Q) a) o) Q Q Q Q U W O a J W } W -J 2 co Q o Z N o O N Q' >- Q.u_ 2005 SLURRY SEAL PROJECTS 0) O 00 O O "4: 1.6 r O 00) 00 d N M O d Ct. O M N M N (�Y) O (0 N) (p to co En M (O 69 e» (s3 (fl 69 (fl ANNUAL STREET MAINTENANCE PROJECT z O • Q wF- � -J zm O w m � u_ OW O w U a COa zcL O _ U Q ANNUAL SLURRY SEAL FY 2004-05 2004/2005 SLURRY SEAL PROGRAM -PHASE II STREET MAINTENANCE PROJECT 2004-05 ANNUAL SLURRY SEAL PROGRAM SLURRY SEAL 2005 w J f J O 0 Fr)p O O 2 Ww oW Q Q mQ QN n z W h Z Z O U R' 000 Z o CC Z00' Q M Q U nrn ��� mz(; pwuoi O N m0� UO� u u �� u_I-n LLYo LL.00`o u_=o u_5o u_moo 0 U— }Ha) 66 }Jo >-ctrn >'=o > ILI; Z O F� Q r r i- W (p < O %' p r 1- J O 0 U>2 U5(0 UFO o t UU` U-,92 UQ°� 1- DAVID SPITZ (760)240-7000 X7353 DATE COMPLETED DOLLAR AMOUNT PROJECT NAME AGENCY/CONTACT to Ln 0 0 0 0 0 o CD a) Q) N 4) O O O (l) U) (n (n O Z z $1,180,460.88 SLURRY SEAL OF VARIOUS STREETS GROUP S-9 M M mot' LO rn (D (1). 00 I-- ' (0 1 M d G0 0) M co N O (0 M M "4▪ : N O ..3' O CO 0 "d' 00 I- (0 ti M (0 M N 0) EA M l- N di (o U) Eli EA 6RT 2 Q Z O O 0 F- U CC < F- Q. - W 0 CO J Era W Z Z Q 0 I0I o tt o in" Ir P 40, O J O- } N (n U LL O N N 0 M 0) 0) SLURRY SEAL OF VARIOUS STREETS IN ORANGE COUNTY, 2004-05 W U z CC • Z O < LL O F✓ F- w Z W m 0 O co (0 2005 SLURRY SEAL PROJECT w 0 Q w F- 0 Q a CC It 0 W O> • w H 0 u)) 0 N O M 0) 0 0) SLURRY SEAL PROJECT z O F- co z U O cnn LL Ow im H 0 c SLURRY SEAL PROGRAM-2005 N 0) 0) d' CO 0 0) ANNUAL STREET SLURRY SEALING PROGRAM w F- Z w W 0 0� z0 < m OO LL O >- n 0 00 DATE COMPLETED DOLLAR AMOUNT PROJECT NAME AGENCY/CONTACT LO a) O u) cfl O 0 0 0 0 0 0 O o 0 0 0 o ( aa)) 03 CO O N CO O) CO CO 69 2005-2006 SEAL COAT PROJECT N O co CO O 00 CO TORRES AVENUE & OTHERS O O O Co O N (n c0 Co e-- (0 O O 0 N O CO CO 69 69 69 2005/2006 SLURRY SEAL PROGRAM -PHASE I 0 H co Z 2 0 LL = 0} H U 0 O M N O M rn 0 0) STREET SEALING 2004/05 O co (V N O co 0 (O 2005 SLURRY SEAURESURFACING PROGRAM CO CO CO O O) co CO 0 N (,- (\! co O a0 CO I-- O co O) O I-- t� C)) .3' M N C') N CO N 69 E9 CO (i) O w Z co Y O 0- °'S m� Q W0 ZO O Et o w ((j a CO � Q0- O w0 1- LL ° w Q a`n w > Z J CC ~ U0 wCO- w Q 0 < U 1 > O <0 ��o _ 2 CO �0 � W �Q o =a >- CLo Et- �06 o Q O ui - > w p J O J f- _ > Un N (n < (n m CITY OF ORANGE Z 0 1- Z J O (O O O ti w 0 CL w LL 0 >- Z 0 0 ERIC LOHR (951)955-1845 RYAN DUARTE (760)329-6411 X248 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: PI C. STRIPING License Number: 44-40 3(o Address: 1(LI vU , 5-T'` S i __.c rt_La 1 9 C o z Telephone: 90'1- 9 3 - oio 3 Work to be performed: ect.Acery,e4 oh CX5L5- in)G Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of thep rson who inspected the site of the proposed work for your firm �� � (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Owner. Page D-2 Non -Collusion Affidavit To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA) SS COUNTY OF RIVERSIDE) //y, s7ke , being first duly, swprn,'�eposes and J t7 says that heTshe is ? of rya .2 , the party making the foregoing bidithat the bid is not made in the interest of, or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic 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. Subscribed and sworn to, before me this 1 day of By: ... ,_.-a7S— ,,l/ 4r/r Signature Title: SeCre%r Co�Stractor , 20 D.' Attest By: Notary Public in and for said County and State Title: Page E-1 WITNESS my hand and official seal.'' Signature of Notary Pubicl k f�l Description of Attached Document Jj ' Title or Type of Document: , Document Date: Number of Pages: 1S , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited E General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer 1s Representing: LgFOir MA r LLL-PURPOSE c91Q 3�s:rtTlfa EOGlisf EN T 1,1.1 State of California County of ,Sc n Gerf'Cf irlC) On e ? / Da'e personally appeared y -5+:6 y ss. before me -Rs c ct .'t E n *r'i ;<!' - ,e r'w Ai P , Name and Tale cl (Nicer (e g,'Jane Doe. Notary Pubic') % (-4 cc RICHARD ENTRN(IN COMM. /15938.85 > NOTARY PUBLIC-CALIFORNIA 70 SAN BERNARDINO COUNTY N My Comm. Exp. Jt y 13. 2009 r -ser- v vw \ Narne:s) 31 S grerls) ) .personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(,IJ whose name() islAter subscribed to the within instrument and acknowledged to me that he/siJey executed the same in his/,k f'44tbe'tt authorized capacity(j®s), and that by his/be>714;e signature(ar on the instrument the person(.a), or the entity upon behalf of which the person(4' acted, executed the instrument. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. RIGHT THUMBPRINT DESIGNER- µ ': Top of thumb here ')I t III •) _',; c_,:,,. �,��.(:.� _..��C�L�.... �•✓ e„ -.. w.�,:,-•'v c-'4f�-�.��, .�,�^,�,C;.;,�i�(.�'G�tf�--'r-..�E:�G%��=;;:_:�,.;_�,�Z✓..��;.�4�� 1599 National Notary A.553t:iatior • 5350 De Soto Ave.. P.0. Box 2432 • ChaUwort5. CP.91313-2432 • •x w.n31'Anal.'13tary org Prod. No 5937 Reorder Call Top -Free 1.800.875.6827 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, AMERICAN ASPHALT SOUTH, INC. as principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of nn R§HT OF (10% of bid) to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: mobilization; application of rubberized slurry seal; installation of striping, pavement markings, and pavement markers; and installation of traffic control devices required during construction of the improvements and all appurtenant work as required by the plans and specifications, and dated APRIL 3, 2006 is accepted by the City of Palm Desert, and if the above bounden principal AMERICAN ASPHALT SOUTH. INC. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the owner to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, We hereunto set our Hands and Seals this of MARCH 20 06 AMERICAN ASPHALT SOUTH, INC. Contractors name: BY: Surety's Name: INTERNATIONAL FIDELITY INSURANCE COMPANY By: JAMES B SHEA ATTORNEY-IN-FACT 27th day Address: \/1575 TREAT BOULEVARD #208, WALNUT CREEK, CA 94596 Title: ATTORNEY -IN -FACT Telephone: (925) 256-8760 Page F-1 State of California County of SAN FRANCISCO on 03/27/06 ACKNOWLEDGMENT before me, Venetia G Johnson, Notary Public (here insert name and title of the officer) personally appeared James B. Shea personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature pig VENETIA G. JOHNSp Commission # 1419935 Notary public - California San Francisco County My Comm. Expires May 24, 2007 (Seal) zaLIEFORMIl/. ALL-PURPOSE ACKNOWLEDGMENT State of California County of S/ ; r),.z On 14Pr 3 Dale personally appeared y j4'. 'S i' �; r e, wwwww..www . w ks!_; RICHARDENTRIKIN CC COMM. #1593685 NOTARY PUBLIC-CALIFORNIA 73 SAN BERNARDINO COUNTY VI My Comm. Exp. July 13, 2009 II v ••rir v v v v v v 1 jss. r ,) before me, - rc���ri;� ,�n Tr, ,��.� -- /U�r�a 1P 'Lr Name and trio of Officer fe.g., 'Jana Doo. Notary?utlic-f 9 4. f :i l Namets) of Signerls) g"personally known to me CI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .ia"are subscribed to the within instrument and acknowledged to me that .beiS,1,/they executed the same in ja,i1/..heritheir authorized capacity(ies), and that by _14isY. r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,• sna ure al Nalery Pubic OPTIONAL Though the information below IS not required by !am, it may prove valuable to persons 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual C Corporate Officer — Title(s): ❑ Partner — = Limited ❑ General • Attomey-in-Fact _7 Trustee El Guardian or Conservator O Other: RtGtn'rTNUMBP 1ItfT 'OFts4GNEFt.. , rcp of lh.rrnb here Signer Is Representing: �I is 91999Naional?fetal, As secat en•`3350OaSoto Ave ..PO Box 2432•Cn t.00nh,CA.91313.2402•,veiarada13lna:a-ya•g Prod.,1.13 5907 Reorder. Call :aI•Freo I-800.87&06927 :2I (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSEN'TS/ AVITS KNOW ALL MEN BY TIi11SE PRESENTS: That INTERNATIONAL. FIDELITY INSURANCE COMPANY, a corporation organized and existing taws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS, JAMES B. SHEA, THERESE A. IvICNliLTY San Francisco, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permuted by law, stature, rule, regulation, contract or otherwise. and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon tie said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at is principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY al a meeting called and held on the 7th day of February, 1p974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (I) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrumentto be signed and is corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CON NY STATE OF NEW JERSEY County of Essex Secreta On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005' I. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE I-IOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 27th day of MARCH, 2006 Assistant Secretary