HomeMy WebLinkAboutC30080 - 2011 Citywide Slurry Seal (751-11) CONTRACT NO. C30080
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30080 FOR CONSTRUCTION OF
THE 2011 CITYWIDE SLURRY SEAL PROJECT TO AMERICAN
ASPHALT SOUTH, INC. OF FONTANA, CALIFORNIA, IN THE
AMOUNT OF $1,061,850 (PROJECT NO. 751-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: American Asphalt South, Inc.
P.O. Box 310036
Fontana, CA 92331
DATE: September 9, 2010
CONTENTS: Contract Agreement
Contractor's Proposal
List of Locations
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C30080 for Construction of the 2011 Citywide
Slurry Seal Project to American Asphalt South of Fontana, California,
in the amount of $1,061,850 (Project No. 751-11); and
2. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in General Fund Account No. 110-4311-433-3320,
Street Maintenance.
Backqround
The 2011 Citywide Slurry Seal Program will use rubberized slurry seal to coat various
streets within Palm Desert. The rubberized slurry has an elastic quality that prolongs
street life longer than conventional slurry. The areas to be slurried this year were
Staff Report
Award Contract C30080 to American Asphalt South, Inc. (Project 751-11)
September 9, 2010
Page 2 of 3
selected based upon their need and the pavement condition index ranking. The project
area includes the neighborhoods near Shepherd Lane, the neighborhood between
Lincoln Elementary School and Palm Desert High School, and several major arterials
(see the location map).
The project was advertised and contractors were encouraged to submit bids. At the
September 2, 2010, bid opening, six contractors submitted bids. The bid summary is
below:
American Asphalt South, Inc. Fontana, CA $1,051,850
Valley Slurry Seal West Sacramento, CA $1,199,500
Intermountain Slurry Seal Sacramento, CA $1,249,900
Pavement Coatings Company Mira Loma, CA $1,431,858
Roy Allan Slurry Seal Santa Fe Springs, CA $1,434,150
Doug Martin Contracting La Habra, CA $2,037,350
American Asphalt South submitted the lowest responsive bid in the amount of
$1,051,850. Upon review of the bid, it was discovered that a mathematical error was
made when calculating the total bid amount. The grand total of all the bid items is
actually $1,061,850. The instructions to bidders specifies that when there is an error in
calculating the grand total, the actual bid amount shall be the total of all items, which is
$1,061,850. The bid was approximately 40 percent lower than the engineer's estimate.
Therefore staff recommends that Council accept the true bid amount of$1,061,850, and
award Contract No. C30080 for Construction of the 2011 Citywide Slurry Seal Project to
American Asphalt South, Inc. of Fontana, California, in the amount of $1,061,850
(Project No. 751-11).
G:IPub WorkslStaff Reports120f 01September 9106 Award C30080 for 2011 Citywide Slurry SeaIISR Award Contract No.C30080 751-1 l.doc
Staff Report
Award Contract C30080 to American Asphalt South, Inc. (Project 751-11)
September 9, 2010
Page3of3
Fiscal Analysis
This street slurry seal project is being done as a part of the City's annual street
maintenance program. Funding is currently available for this project in the street
resurfacing account: 110-4311-433-3320.
Prepared By: Department Head:
, �,-�l�
' �'
Rya Gay , Project Administrator Mark Greenwood, P.E.
Director of Public Works
/
CITY COUNCILA�'iTION
Paul S. Gibson, Director of Finance APPROVED y/ DENIED
RECEIVED OTHER
Approval: MEET G DA - U
AYES ` '
� f � NOES:
��� ABSENT:
J M. Wohlmuth, City Manager ABSTAIN:
VERIFIED BYs
Origiaal on File with City s Oftift�
Contract No. C30800
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of September, 2010, by
and between City of Palm Desert, California, hereafter called "CITY" and American
Asphalt South, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. 2011 CITYWIDE SLURRY SEAL PROJECT, PROJECT NO. 751-11,
CONTRACT NO. C30080, in strict accordance with the Contract Documents
identified below, CITY 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 Specifications; (i) The Special Provisions;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 1, 2, and 3; (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 Forty-five (45) Calendar Days from the Notice
to Proceed date to the satisfaction of the Engineer.
Contract No. C30800
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
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,
b. 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.
c. 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.
d. 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 $1,000.00
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 CITY 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 CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
I aw.
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.
Contract No. C30800
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 pageJ
Contract No. C30800
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
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
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Contract No. C30080
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to hereinafter
designated as the "Principal", a contract for:
2011 CITYWIDE SLURRY SEAL PROJECT
PROJECT NO. 751-11
CONTRACT NO. C30080
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 City, in the penal sum of
One Million Sixty-one Thousand Eight-Hundred Fifty and no cents Dollars
($1,061,850.00), 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 City, 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 City 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.
Contract No. C30080
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
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Contract No. C30080
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 September 9, 2010 described as follows: 2011
CITYWIDE SLURRY SEAL PROJECT, PROJECT NO. 751-11, CONTRACT NO.
C30080, (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 One Million Sixty-one Thousand Eiqht-Hundred Fifty
and no cents Dollars ($1,061,850.00), 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.
Contract No. C30080
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 lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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)
r �
C - CONTRACTOR'S PROPOSAL
2011 CITYWIDE SLURRY SEAL PROJECT
PROJECT NO. 751-11
CONTRACT NO. C30080
TO: CITY OF PALM DESERT, "CITY"
DATE: � �� ��,I��D�G'
,� �
BIDDER: l�c°i�'�lQ� iy,J'��G��Sl/�� -L�� "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2011 CITYWIDE SLURRY SEAL
� PROJECT, PROJECT NO. 751-11, CONTRACT NO. C30080, hereby proposes to
construct t e wor,k in accordance with the Contract Documents, including Addenda
No(s). for the amount
stated in th s Propasal.
By submitting this Proposai, CONTRACTOR agrees with CITY:
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 far the public opening of bids, this Proposal
constitutes an irrevocable offer for 60 calendar days after that date.
2. The CITY 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 CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's 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 CONTRACT4R fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, 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
CITY 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
Page C-1
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
� �� � �
E t��f k f ; �rx � �" f" } y� 3 `�.�5.� � �
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s: �
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.. .,, ..,,. ..i� , , . . �. . ,: .. ,�-`, . �,. .._.: . ,..: .. .� ,��� ..
. „ � ;, _, . �.�,
1 Mobilization LS 1 $ $ p
� ��� �� ���.
2 Traffic C�ntrol LS 1 $ , $
� � ��, ,'� �'u�"� �'�,'t:���.,�,�",:
3 Rubberized Crack Seal LS 1
�f �°�[ ct' *�� ,; .,�": =-i:,
Rubberized Slurry Seal (REAS, SF 7,950,000 $
4 TRMSS, or approved equaf) �, /�; ��f°s.i � ��. �:�L
5 Signing and Striping LS 1 $ $ ,
/b/.�G�;��'' � �l,�G�;; t.�,
TOTAL BID PRICE �
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,i � ' .�3 � ���r. �.
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Page C-2
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 $ /��� .;�/� � �C:�,, �`'
� , f�
TOTAL AMOUNT BASE BID IN WORDS � ,a, f,r,,,r,✓,�.;;� ;�;/,�.. ��>�- ,�/,���.:..; dy�.,✓
: .
; ; ,r� ;� � r' ? f
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_ �' ,�� ''" 8; �. —� t,+'�•'t r7" �r }` ,�.� cl�� �/'J �� .�`v' �" %`'�
�
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
By: 4, _.� t
Signatur
Title: _��'CY�°f�an.�
CONTRACTOR
State of California )
)
County of � t � a. ��. :�> )
Subscribed and sworn to (or affirmed) before me on this �;��;° "°' day of ��r a;, .s-�
(month), ;'�{ �� (year), by _ �°t��,��; ��'�� �,��.
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me. RICHARD ENTRIKIN
COMM.#1854481
NOTARY PUBLIC-CAL�ORNIA �
SAN 8ERlIARONIO COUlITY N
M1'�+.E�piM JUL 13,4013
Signature of Notary � �=�=.�� ,y",��~a '�a1'Tl o a
Page C-3
D - INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address ��y,�Q �t� �',��1' /;�'"c°6�C1 �i9 .�lr� �� 9.�-.�.�i�
(2} Telephone No. (��f''����d'�.��
(3) Type of Firm (Individual, Partnership or Corporation} C�� c�����
(4) Corporation organized under the laws of the State of L�S��%f�'�� �
(5) Contractor's License No. f�c�.��G�� � Exp. Date �/`��G'���/..�
� Contractor hereby swears under penalty of perjury that this information provided is true
and correct.
B;�: �:, Title:�l�Yz'�
gnature Contractar'
(6) List the names and addresses of al! owners of the firm or names and titles of all
officers of the corporation:
�� ����I"�/0 a'7- ��'/'i'G�'P��
P� �'�'�` - �rP ��%�''��
�� �JP- ,f�'�2"'2�
(7) Number of years' experience as a Contractor in construction work ���
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
1.
5�� ��� � �f�
2.
3.
Page D-1
(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:_����� ,�`���� v',:,K..:� C"r�f_
License Number: � � 7 � ��
Address: ,1-�� -� � �,�. fi � ..�,�
�G � <°t,+�:.�.-g_ �...^� �� ,,� .�,��,
Telephone: �%�"<{� �_ �,:��; - �-�� r.
�,
Work to be performed: ,��� ��./��-y� , ��.:.�` ���p...�:�,/<. _ .i �'�
_ ���->e
Subcontractor's Name: .`�,f �. i- � ;�
License Number: ;� � �. ,� ��
��-.
Ad d re s s: '1.,�:;? .�`' `.� �,��, <��
„ ;
� ,,a :�`'-�,s--; � r�� �:.'` ,�� ,��
Telephone: �-;�%;r,�. ,� ,,' r_, �y �,
,�
-, ,
Work to be erFormed� �� ^n. � �� ,��° � _� � . ,-��. ,-� <
p . _ _L"'`� �.'v�r �- _,,�,�.�-<-` �: J�.�+' � r �..
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed: �
(1Q) List the name of t p son who inspected the site of the proposed work for your
fi rm G�,�� e'-
(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 City.
Page D-2
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E - NON-COLLUSION AFFIDAVIT
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF )
��:f�d��' , bein first dul� s o��, d�j poses and
says that hel e is �'"� of �1�����.�fi��� ��'�i ���, the
party making the foregoing d; 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 canference 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 cantents 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.
By: r -,.
Signa
Title: ���'�
CONTRACTO ,
State of California
Cou nty of ��z. ,,�� ,-..�. ��,�,,
Subscribed and sworn to (or affirmed), before me this .'i ''` day of fm�a����. ���
(month), 20 l L= (year), by .�_�,�f �`�f�: •��� „ pr vo ed to me on the
basis of satisfactory evidence to be the person who appeared before me.
./'� � ��`;,;�,�``.,
Signature of Notary: �,�="-�-'�.� � °t ' Notary Public in and for said
County and State
(seal of notary)
RICHARD ENTRIKIN
Pa e E-1 N coMM.�t���
g � woT,►av�,ei.�c.cM.�o�u�
s�u,�no�o cou�mr
1Ny Comm.E�,IUI,t3,7pt9
h
� — BtDDER'S E30ND
To Accc�mpany Prapas�l
KNQW ARL MEN BY TH�SE PRESENTS,
��l�t We, American Asphalt South, Inc.
as princip�l,
��d The Guarantee Company of North Aruerica USA �g Sl1f'��y, are held �11d
_ _-- - -
�rmly b�und un#o fihe Gi#y of Patrn Dese�t in the sum of$ a.o�%---- „ (10°!0 of �id}
t�� be paid ta the s�id Gity Qr its cert�in attorney, its �ucces�ors and assigns; for which
paymenfi,° wel) and truf� tt� be made, we bind oursefves, our h�irs, �xecutors and
a�ministratars, suc�essors o�assigns,juintly �nd several(y, firmly by these presents.
T'H� CONf�iTIC�N �JF THlS C�BLICATION IS �UCM, that if the �er�ain proposal of the
abov� bounden princip�i tc, perforrn c�rtain work de�crib�� as fc�ll�ws;
The genera! it�ms of w�rk tc� be� done hereunder c�nsist of: mQbilizatian; applicatian of
r�abberized crack seal mafierial; 2�pplication o# rubberized slurry s��l; instailation of
s�riping, pa�vement markings, and ��vem�nt markers; and instaflation qf traffic contrai
d��vices required durirtg cor�structi�n c�f #he improv�ments �nd ali appurt�nant w�rk as
r��quir�d by th� plans and specificafiic►ns,
�i�� dafed, nu�ust sl, Zo�o is a�cepted by the Gixy af P�)m Deser�,
and if the abowa bound�r� principal American Asphalt South, Inc. Sh���
duly enter +ntv and execute a contract for such evnstruction, and shall execute and
d�:liver t�e Performance Bond and Payment Bor►d and insurance certific�tes as r�quired
by said cantract, then this ohligation sha!! become null �nd void; oth�rwise it shall be
and remain in full force and ef�ect.
Si�auld it become necessary far the Gity to institute a l�wsuit, nr any oth�r iegal
proceeding to enfarce the term� and conditions of this bond, then all cos�s of said
proceeding, inclu�ing attomey's fees, shall be awarded to the prevailing pa�ty.
Page �-1
a .
IN WITNES� WHEREDF, We hereuntv set our Hands and Seals this 25___,rh �day
Of August 2{� 10 .
Contractar's Narne: American Asphalt South, Inc.
Contracfiar's Sfgn�ture: ,._�.
Title: ,,j='Cj��
Address; 14436 Santa Ana, Fontana, CA 92337
Tel�phone: soo-b�s-400�
Sur�ty�S {�8IT1�: The Guarantee Com an of North Americ USA
Surety's Sigrt�tur�:
�It��: Elizabeth Teats torne -in-Fact
Addr�ss: 1800 Sutter Street, Suite 880, Concord, CA 94520
�T@�gp�'10fi�: 866-364-6378
Rage F��
M
�
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
B«rbara Midstokke,Renee Ranzsey,Richar�i W. Pratt,John Hopki�zs,Elizabet/a Teats,Susa�z Lee, Bnrbai•a Beeny,
Na�zcy Luttenbaclzer,P/:iUip O. Watki��s,Keit/z T. Sc)zi�ler
I�aterwest Insurance Services,Inc.
its true and lawful attorney(s)-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 permitted by law,statute,ruie,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to ail intents and purposes, as if the same had been duly executed and acknowledged by its regulariy elected officers at the
principal o�ce.
The Power of Attomey is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31�`day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant 5ecretary,shail have power and authority:
1. To appoint Attorney(s)-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 obiigatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obiigations in favor of the Kenfucky Department of Highways only,it is agreed that#he power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked uniess prior written personal notice of such intent has been given to the Commissioner—
Departme�t of Highways of the Commonwealth of Ke�tucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly cailed and held on the 31 s`day of December 2003,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seai of the Company may be affixed by facsimile to any Power of Attomey or certification
thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized o�cer,this 2nd day
oo�`"""£Oo; of February,2010.
�� G �
THE GUARANTEE COMPANY OF NORTH AMERICA USA
o� J��
1�R�HAM�' L�i��� j����
�� � ���� �
7 `
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randaii Musseiman,Secretary
County of Oakland
On this 2otl day of February, 2010 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takar IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
Notary Public, Stafe of Michigan Company of North America USA offices the day and year above written.
, County of Oakland
�,��"-' My Commission Expires February 27,2012 � �fJ � '� � �} �G�
+-„� Acting in Oakland County /WL.GdJ (�'� •
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
IN WIT�IESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 25 day of August 2010 .
r
�� ('� c�'� �`���'�.,__.
V
`�^ � �g` Randall Musselman,Secretary
�'�H w�a`Or
�
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Butte
On August 25,2010 before me, Tami Pieper-Jones,Notary Public ,
(Here insert n�me and title of the off'icer)
personally appeared Eiizabetl,Teats ,
who proved to me on the basis of satisfactory evidence to be the person(p'�whose name(�'j is/� subscribed to
the within instrument and acknowledged to me that l�/she/tJ�y executed tlie same in 1�/her/t�e�i"r authorized
capacity(�, and that by�/her/t�Ir signaturejFa'f an the insttument the personf�a'�, or the entity upon behalf of
which the person�J acted, executed the instrument.
I certify under PF,NALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
,,... TAMI P{EPER-)ONES
WITNESS my hand and official seal. COrviM. # t s�obt 5 �
' NOTARY PU$LiC-CALIFQRNIA�
' COUNTY OF BUTTE
� _ Comm. Expires Nov.7, 2073
(Notary Se�I)
SignatureofNotary Puhlic
ADDITIONAL OPTIONAL INFORMATION
[NSTRUCTIONS FOR COMPLETING THIS FORM
Any acknoirledgment completed in California rnus!conlain verbiage exac!!y as
DESCRIPTION OF THE ATTAGHED DOCUMENT nppeurs above in dre notury section or a separute acknoivledgment form mc�s!be
properly comp/eted and altuched to that document. The only exceplion is ifu
Bid BOild docwnen�is!o be recorded ot�tside of California. In such rns�ances,uny ulternative
(Title or description of attached document) ucknoivledgme�t�verbiuge as ma��he prrnted on sa�ch a doca�ment so long as tlte
verbiuge does not require the notury to do somediing that is illegal,for a nota�y in
American Asphalt South,II7C. California(i.e. certrfyrng the authorr:,ed capacrt��of the signer). Please check the
doc:unen7 curefir!ly.for proper no�aria!rrordrng and altach this form if reytrired
(Title or description of attached document continued) �
2 08l2512010 •State and County information must be the State and County where[he document
Number of Pages DOCument Date_ _` signerlsi perso�ally appeared hefore the notary public Tor acknowledgment.
•D�te o1'notarization must be the date that[he signer(s)personally appeared which
The Guarantee Company of North America USA must also be the same date the acknowledgment is completed.
(Additional information) •The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s)whc�personally appear at the[ime of
notarization.
CAPACITY CLAIMED BY THE S[GNER • ���dicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual (s) +�/she��h�,is iare)or circling the correct forms.Failure to correcdy indicate this
infonnation may lead w rejection of document recording.
❑ Corporate Officer •The notary seal impression must be dear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(TiUe) sufticient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) •Signature of the notary public must match the signature on tile with the office of
the county clerk.
� Attorney-in-Fact *Additional information is not required but could help to ensure this
❑ 'Trustee(s) acknowiedgment is not misused or attached to a differen[document.
* indicate title or type of attached document,number of pages and date.
❑ Other * Indicate the capacity claimed by the signer. If the claimed capacity is a
wrporate officer,indiaate the title(i.e.CEO,CFO,Secretary).
•Securely attach this document to the signed document
2008 Version CAPA vI2.10.07
LOCATION OF WORK
Dinah Shore Drive — from Key Largo to Monterey Avenue (WB lanes only)
Monterey Avenue — from Northern City Limit to Gerald Ford Drive (NB
lanes only from Gerald Ford to Dinah Shore)
Portola Avenue — from Gerald Ford Drive to College Drive (NB lanes
only)
Country Club Drive — from Oasis Club Drive to Freedom Park Eastern Limit
Washington Street— from Northern City Limit to Fred Waring Drive
Hovley Lane East— entire street (WB only along frontage of Toscana
Country Club)
Magnesia Falls Drive — entire street
Deep Canyon Road — from Magnesia Falls Drive to Highway 111
Parkview Drive — entire street
Fred Waring Drive — from Painters Path to Fairhaven Drive
Fred Waring Drive — from San Pablo to Deep Canyon (WB only from San
Pablo to San Pascual)
Portola Avenue — from Fred Waring Drive to Highway 111
Portola Avenue — from Haystack Channel to Mesa View Drive
Haystack Road — entire street
Shepherd Lane — entire street (three segments)
Scholar Lane West — entire street
Scholar Lane East — entire street
Windflower Court — entire street
Julie Lane — entire street
Jeri Lane — entire street
Academy Lane East— entire street
Petunia Place West— entire street
Petunia Place East— entire street
Chinook Circle — entire street
Chinook Circle East — entire street
Kokopelli Circle — entire street
Kokopelli Circle East — entire street
College View Circle West— entire street
College View Circle East— entire street
Alpine Lane — entire street
Daisy Lane — entire street
Drexell Drive — entire street
Woodward Drive — entire street
Colebridge Street — entire street
Jameson Road — entire street
Emerson Drive — entire street
Heatherwood Drive — entire street
Driscoll Street — entire street
Willington Road — entire street
Hollister Drive — entire street
Hemingway Court — entire street
Dempsey Drive — entire street
Maryn Court— entire street
Freedom Court— entire street
Carlotta Drive — entire street
Easy street— entire street
Dolmar Court— entire street
Duval Court— entire street
Sandcastle Lane — entire street
Michigan Drive — entire street
Rutledge Way— from Portola to Magnesia Falls Drive
Santolina Drive — entire street
Buttonwood Drive — entire street
Balsam Lane — entire street
Silktree Lane — entire street
Gazania Place — entire street
Myrsine Avenue — entire street
Palmilla Circle — entire street
Desert Star Boulevard — entire street
Primrose Drive — entire street
Vanda Circle — entire street
Erin Street — entire street
Velardo Drive — entire street
Aster Drive — entire street
Marigold Drive — entire street
Florine Avenue — entire street
Moss Rose Drive — entire street
Daylily Circle — entire street
Waterlily Circle — entire street
Coral Bells Circle — entire street
Starflower Circle — entire street
Lavender Way— entire street
Columbine Drive — entire street
Calle de los Campesinos — entire street
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�,� o�� DATE:
c"`'`�O�'� 6/2010 VICINt�MAP