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CC - Item 8E - Annual 2009-10 Slurry Seal Project - Contract AwardROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 22, 2010. SUBJECT: ANNUAL 2009-10 SLURRY SEAL PROJECT- CONTRACT AWARD SUMMARY As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a program entitled, "Targeted Public Works Projects", which consists of public improvements to the City's local streets and public right-of-way areas. This project will help extend the life of local streets and improve community aesthetics. This project is funded through the Community Development Block Grant (CDBG) program, which requires that funds be spent on specific project types and in specific target areas. This proposed project meets CDBG requirements. Staff Recommendation Staff recommends the following: Approve plans and specifications for this improvement project; 2. Authorize the City Manager to enter into a contract with American Asphalt South, Inc. for the Annual 2009-10 Slurry Seal Project in the amount of $214,640.60. 3. Establish an amount of 10% of the contract amount ($21,464.06), as a contingency, to cover the potential cost of unforeseen site conditions. DISCUSSION Slurry Seal is a versatile and cost effective way to preserve and protect asphalt concrete pavement. The application of slurry seal will extend the life of existing roadway by protecting it from the effects of weathering. If streets are not slurry sealed, they risk the intrusion of storm water into the sub-grade below the pavement which can cause permanent structural damage. The most recent survey of our street infrastructure, which was completed in 2004, indicates that 39 streets containing almost a million square feet of asphalt concrete ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting June 22, 2010. Page 2 of 3 pavement would benefit from crack sealing and a slurry seal overlay. On May 11, 2010, the City Council approved plans and specifications for the project and authorized staff to advertise and solicit bids. The proposed project includes the crack sealing, slurry sealing, street striping, and painting home curb numbers at various streets from San Gabriel Boulevard to easterly City Limit and from Garvey Avenue to Graves Avenue. A Notice Inviting Bids was published in local news publications and advertised to area contractors. At 11:00 AM on June 16, 2010, the City Clerk publicly opened and read four (4) sealed bids with the following results: 1 American Asphalt South, Inc. Fontana, CA $214,640.60 2 Roy Allan Slurry Seal Santa Fe Spring, CA $220,573.80 3 Mission Paving and Sealing Irwindale, CA $224,495.00 4 Doug Martin Contracting Co. La Habra, CA $242,181.40 Staff reviewed the bid documents for completeness and investigated the contractor's background and recent projects for competency. Staff has concluded that American Asphalt South, Inc. is the lowest responsive bidder to perform the construction of this project. American Asphalt South, Inc. has satisfactorily completed similar projects for other agencies, including the Cities of Rancho Cucamonga, Diamond Bar and Ontario. The low bid submittal by American Asphalt South, Inc. was approximate 28% below the Engineer's Estimate of $300,000.00 Timeline Pending approval by the City Council, staff anticipates completion of this project according to the following schedule: June 22nd - City Council Awards Contract July 1St to July 7th - Outreach to Neighborhood Residents • Staff will mail letters to neighborhood residents several weeks prior to starting construction. July 15th to August 30th - Tentative Construction Schedule September 1st- Tentative Project Completion September 15th - Tentative Notice of Completion by City Engineer. City Council Meeting June 22, 2010. Page 3 of 3 FINANCIAL REVIEW The total appropriation needed to award this project is $236,104.66 (including contingencies). Funding for this project has been approved in the City's FY 2009-10 Capital Improvement Program budget as the "Targeted Public Works Projects" from CDBG American Recovery and Reinvestment Act (ARRA) funds. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This exemption covers projects involving minor alterations of land that do not have a significant effect on the environment. Prepared by: IlLf.- Rafael Fajardo Associate Civil Engineer b Ll--. Lucien J. LeBlanc, P.E. City Engineer Submitted by: OL4 Chris Marcarello Deputy Public Works Director Attachments: (1) May 11, 2010 City Council Agenda Report (2) Location Map (3) Bid Proposals Analysis (4) Bid Proposals (5) Outreach Materials (6) Dunn and Bradstreet Report - All American Asphalt South, Inc. ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MAY 11, 2010 SUBJECT: 2009-2010 ANNUAL SLURRY SEAL PROJECT AUTHORIZATION TO SOLICIT BIDS SUMMARY As part of the City's Fiscal Year 2009-2010 Capital Improvement Program, the City Council approved a program entitled, "Targeted Public Works Projects," which consists of public improvements to the City's local streets and public right-of-way areas. This project will help extend the life of local streets and improve community aesthetics. This project is funded through the Community Development Block Grant (CDBG) program which requires that funds be spent on specific project types and in specific target areas. This proposed project meets CDBG requirements. Staff Recommendation It is recommended that the City Council authorize staff to advertise and solicit bids to complete the improvement project. DISCUSSION Slurry Seal is a versatile and cost effective way to preserve and protect asphalt concrete pavement. The application of slurry seal will extend the life of existing roadway by protecting it from the effects of weathering. If streets are not slurry sealed, they risk the intrusion of storm water into the sub-grade below the pavement which can cause permanent structural damage. The proposed area for this improvement is bounded by San Gabriel Boulevard, the Westerly City Limit, Garvey Avenue, and Southerly City Limit (Attachment 1). The Engineer's Estimate for the construction work for this project is $300,000. The most recent survey of our street infrastructure completed in 2009 indicates that 39 streets containing almost a million square feet of asphalt concrete pavement would benefit from crack sealing and a slurry seal overlay. APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting May 11, 2010. Page 2 of 3 Timeline If approved by the City Council, staff will work to complete this project according to the following schedule: May 11th - Authorization to Proceed Authorization to Solicit Bids for Annual Slurry Seal Project. May 20th.27 th & June 3`d - Advertisement Advertisement of Project in Local Publications/Trade Journals June 9th - Bid Opening Public Bid Opening for Project June 22"d - City Council Awards Contract June 23`d to JUIy 9th - Outreach to Neighborhood Residents July 15th - August 20th - Tentative Construction Schedule September 1St - Tentative Proiect Completion September 15th- Tentative Notice of Completion by City Engineer FINANCIAL REVIEW Funding for this project was approved by the City Council as part of the City's FY 2009- 10 Capital Improvement Program Budget. There is approximately $400,000 in CDBG funds. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (a) and (f) of the CEQA Implementing Guidelines. This exemption covers projects involving minor alterations of land that do not have a significant effect on the environment. PUBLIC NOTICE This agenda item has been noticed through the regular agenda notification process. City Council Meeting May 11, 2010. Page 3 of 3 Prepared by: Rafael Fajardo Associate Civil Engineer Lucien J. LeBlanc, P.E. City Engineer Submitted by: Chris Marcarello Deputy Public Works Director Attachments: (1) Plans, Specifications, and Location Map City of Rosemead Page 10 2009 Arterial Pavement Management Program Final Report - September 22, 2009 Section H • 0 • Slurry Seal Project 5 Year Master Plan Figure 6 - City Provided 5-yr Master Plan for Residential Maintenance City of Rosemead Public Works Service DepartmentlEngineering Division Citv of Rosemea Annual 2009-2010 Slurry Seal Proiect EXHIBIT B CDBG Proiect No. P 82229 Bid Analysis June 16. 2010 -11:00 a.m. Engineering Estimate: $300.000.00 Base Bid Schedule Amer ican Asphalt South, Inc. #1 Item Description Unit Qty Unit Price Total 1 Clearing & Grubbing LS 1 $ 15,000.00 $ 15,000.00 2 Disposal of Waste Materials LS 1 $ 4,000.00 $ 4,000.00 3 Crack Sealing LS 1 $ 23,500.00 $ 23,500.00 4 Slur Seal - II ELT 820 $ 178.83 $ 146,640.60 5 Traffic Striping & Markers LS 1 $ 17,500.00 $ 17,500.00 Total Base Price $ 206,640.60 Alternate Bid Item #1 6 Paint Home Addresses EA 800 10 $ 8,000.00 Total Alternate Bid Item $ 8.000.00 Total Base Bid and Alternate Price $ 214,640.60 Roy Allan Slurry Seal, Inc. #2 Item Description Unit Qty I Unit Price Total 1 Clearin & Grubbing LS 1 $ 6,000.00 $ 6,000.00 2 Disposal of Waste Materials LS 1 $ 1,250.00 $ 1,250.00 3 Crack Sealing LS 1 $ 24,000.00 $ 24,000.00 4 Slur Seal - II ELT 820 $ 202.59 $ 166,123.80 5 Traffic Striping & Markers LS 1 $ 16,000.00 $ 16,000.00 Total Base Price $ 213,373.80 Alternate Bid Item #1 6 Paint Home Addresses EA 800 9 $ 7,200.00 Total Alternate Bid Item $ 7,200.00 Total Base Bid and Alternate Price $ 220,573.80 Mission Paving and Sealing, Inc. #3 Item Description Unit Q Unit Price Total 1 Clearing & Grubbing LS 1 $ 7,600.00 $ 7,600.00 2 Disposal of Waste Materials LS 1 $ 500.00 $ 500.00 3 Crack Sealing LS 1 $ 24,200.00 $ 24,200.00 4 Slurry Seal - II ELT 820 $ 195.00 $ 159,900.00 5 Traffic Striping & Markers LS 1 $ 9,895.00 $ 9,895.00 Total Base Price $ 202,095.00 Alternate Bid Item #1 6 Paint Home Addresses EA 800 28 $ 22,400.00 Total Alternate Bid Item $ 22,400.00 Total Base Bid and Alternate Price $ 224,495.00 Doug Martin Contracting Co., Inc #4 Item Description I Unit Qty I Unit Price Total 1 Clearin & Grubbing LS 1 $ 2,500.00 $ 2,500.00 2 Disposal of Waste Materials LS 1 $ 2,000.00 $ 2,000.00 3 Crack Sealing LS 1 $ 35,100.00 $ 35,100.00 4 Slur Seal - II ELT 820 $ 210.77 $ 172,831.40 5 Traffic Striping & Markers LS 1 $ 19,750.00 $ 19,750.00 Total Base Price $ 232,181.40 Alternate Bid Item #1 6 Paint Home Addresses EA 800 12.5 $ 10,000.00 Total Alternate Bid Item $ 10,000.00 Total Base Bid and Alternate Price $ 242,181.40 Pagel of 1 rJun 10 10 01:59p MAYOR: %AARGAFIET CLARK MAYOR ORO TC1A: MY 701.00 COUNCIL MEUSER5: SANDRA ARVEN I A P(XLY LOIN STEVEN LY June 10, 2010. 6265692303 p-1 ososewad 6838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD. CALIFORNIA 91770 TELEPHONE (626) 569.210D FAX (626) 307.9218 ADDENDUM No. 2 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16. 2010) I To Al Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page CBF-2 : Add the following Alternate Item to the proposal: ALTERNATE BID ITEM #1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 6 Paint Home. Addresses (Curb Numbering) EA 1 ~~j a"U 06Dp 06 TOTAL ALTERNATE BID PRICE #1: $ gape. vo Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEMS:$ d1T.. amoun: in written form Page Z of 2 -.dun 10 10 01:59p 6265692303 p.2 If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner. the resulting amount shall be considered the Total Bid Price for the Project. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, Rafael Fajardo Associate Civil Engineer Acknowledgement: Bidder: _ Date: s le /4/0 Title: 2Cre7c;V- Page 2 of 2 -Jun 09 10 02:40p 6265692303 p.1 MAYOR: 7A1k3GARET CLAPK MAYOR PRO TEM: GAMY IAVLON COUNCIL MEMBERS: SANDRA ARMENIA Vol t Y Lr7N: STEVEN Lv June 9, 2010 C, ttc~ oscmcad 8838 F. VALLEY BOULEVARD • P.O. DOX 399 ROSEMEAD CALIFORN,A 91770 TELF.PHONF (626) 569-2 100 FAX (626) 307-9218 ADDENDUM No. 1 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Open;ng Date: June 16, 2010) To All Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page TP-6 SECTION 4 CRACK SEALING paragraph 4.02 shall be read as follows: 4.02 Preparing Cracks. Prior to sealing cracks, the Contractor shall remove all existing temporary A.C. patching material, vegetation and organic material from cracks Y.-inch and wider by routing out to a depth of '/-inch. A Crafco Model 2000 router, or equal, shall be used to rout the cracks. All loose materials shall be removed from cracks to be sealed by using hot air lance accompanied by not less than 175 cfm compressor producing and air stream velocity of 3,000 ft/sec. and healed air temperature of 2.950° F immediately before the application of crack sealant. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, c- afael Fajardo Associate Civil Engineer Acknowledgement: Bidder: Date: Title. ~eCIZ! Page 1 of 1 r I 1 BIDDER: SECTION 1-BID SCHEDULEJ CBF - 1 BIDDER: Ayer-,?00 BID SCHEDULE ' SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE I I UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and LS 1 L /704 ° DGi~• /S specifications- . , 2 Disposal of Waste Materials LS 1 D~~pd ~pq~ 6A 3 Crack Sealing LS 1 rJ ~3 SvQ -0P / 4 Slurry Seal Type II - See exhibit "A" t l ti & "B" & ELT 820 /7133 4a 4O /yl per stree ons areas. oca f, 5 Traffic Striping and Pavement Markers - See exhibit "C" per S 1 /'7 SOD • oP t y D details. L TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ 4VO • /~I a /7 v ~ ~iy q~ S / ~~o~A •fd ✓c. /X ~f/T ~/l TO / ~Sr ~t~~~ ! Dollar amount in written form ' The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Attached h to is a certified check, a cashier's check or a bid bond in the amount of /0SW ~ Dollars said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, ' we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. CBF - 2 r . BIDDER: er.,?,709 If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution,. within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. ' The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the ' Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. ' Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. Z I ' The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF - 3 t I I By. i t i Si ture - /e S40 Zak e TypL-(or Print Name 19elrel w Title Date /Mov J4- Business Street Address City, State and Zip Code Telephone Number Bidder's/Contractor's State of Incorporation: 6//; pVyIA Partners or Joint Venturers. BIDDER: f1Ohwzyly Bidder's License Number(s): gyyq z 6'r e9l W-D/O NOTES: 1) 2) 3) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, oartnershin or ioint venture has the authority to do so. CBF-4 I fl I I BIDDER: //!?fit? SECTION 2 BID DATA FORMS CBF-5 I BtDDEP, American Asphalt South, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shalt ensure that every page of its Bid Data' Forms are prope identified with the Biddees name and page number, rtY ZA B!D BOND KNOW ALL MEN BY THESE PRESENTS: THAT American Asphalt South, Inc. as as 5 unity, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid rice; e; f for r the being not less than ten percent (10%) of the Total aid P payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all work required for the Annual 2009-2010 Slurry Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated June 16, 2010 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) fumishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain In full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs Incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this to day of June 20 to Americn Asphalt South, Inc. The Guarantee company (SEAL) of North America USA /SEAL) Principal Surety 00-1 By: By. nature .;✓!e d2r4 , Signat Elizabeth Teats, Attorney-in-Fact CBF-6 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 Barbara Midstokke. Renee Ramsey, Richard W. Pratt, John Hopkins, Elisabeth Teats, Susan Lee, Barbara Beet.P, IVancl• Luttenbacher, Phillip O. lVatkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful atlomey(srin-fad 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. rule. 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 all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney 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 311" day of December. 2003. The President, or any vice President. acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(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 obligatory in the nature thereof, and To revoke. at any time. any such Attomey-in-fact and revoke the authority given. except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to ttie 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 called and held on the 31° day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney 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 officer. this 2nd day ~r►"'uc•. of February. 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 21° day of February. 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authonzed 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 Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27. 2012 Acting in Oakland County CX 40 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA. do hereby.eertify 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 WITNESS WHEREOF. I have thereumo set my hand and attached the seat of said Company this 9th day of June ,2010 cY' T"~ g* rG T. a Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On June 10, 2010 before me, Tami Pieper-Jones, Notary Public (Ilere insert name and title of the officer) personally appeared Elizabeth Teats who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/ere subscribed to the within instrument and acknowledged to me that 4e/she/they executed the same in his/her/their authorized capacity(ies}, and that by h+s/her/their signature(4on the instrument the person, or the entity upon behalf of which the personH 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 of Notary Public COMM, 615 =PUBLIC-CAUFORNIA ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond (Title or description of attached document) American Asphalt South. Inc. (Title or description nfattachcd document continued) Number of Pages I Document Dale06/10/2010 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ® Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California ttrust contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. 11he only ecceprtotr is if a document is it) he recorded maxide of Cal Jurnia In such instances. arr9 alternative acknowledgment verhiagc as ntuy he printed an such a document sit long us the verbiage does not regwre the notnm to do somerhmg that is illegal for u notary in California (i. e. certifying the uuthoriaed capacity of the signer). Please check the document carcfW6, fix proper nWartal wording and attach thrt john if required State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Dare of notarization must be the dale that the signer(s) personally appeared which must also be the same dale the acknowledgment is completed. 7'he 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) who personally appear at the time of nolnrization. Indicate the correct singular or plural firms by crossing on' incorrect forms (i.e- he/shehhey, is taw) or circling the correct forms. Failure to correctly indicate this rnformatiun may lead to rejection of document recording. The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment lorm Signature of the notary public must match the signature on file with the office of the county clerk • Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. I f the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely aunch this document to the signed document ONES tfORNIA TTE 7, 2 013 (Notary Seal) 2008 Version CAPA A2.10.07 BIDDER: 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. 1 Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. I CBF - 7 t t t i i BIDDER: z4miw. -ok 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) f"ouplicate Ne>a 2 Pages if needed for listing addWonal subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted Name: G/~riSn ~D, Address: 50 S. l../.e 4ve -7710 rn 9> Name and Location Description of Work of Subcontractor to be Subcontracted ` /'s+ C-4 Scar 4 Name: ~~~.~Y~.I ~`.-.c.('~•//~ ~+n/~T~1~+L Address: fton 4e. 1a-~ L':. 9783 / Name and Location of Subcontractor Name Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address CBF-8 Description of Work to be Subcontracted BIDDER: dl~►^ll~►'~ -T~Y 1 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 5'ee 44rWeW .51eels - Name and Address of Owner t i i I Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF-9 t Ll BIDDER: _///?h'~7Qi✓~~!R~~~ lr~; SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 t I t I I I BIDDER NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member.or agent thereof to effectuate a collusive or sham bid. r Sia ure r 4 /e 5, -Ve Typ d or Printed Name Title ~V 41/1rCW141 147 Bidder Subscribed and sworn before me This/4't day of ~lynL . 201 No ary Public in and for the State of California My Commission Expires: 'Z/Z 44 C/ A (Seal) RICHARD ENTRIKINA vNj COMM. •185WI X NOTARY PUNX. cALwor*&A CO) c BAM BERNAIpNO COLOM a w coot.. Epw JUL t& =13 CBF - 11 1 BIDDER: Doug Martin Contracting Co., Inc. SECTION I - BID SCHEDULE 1 1 1 1 1 CBF-1 1 Doug Martin Contracting Co., Inc. BIDDER: BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE I UNIT OF EST. UNIT REM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. LS 1 2 Disposal of Waste Materials LS 1 3 Crack Sealing LS 1 d c~ 4 Slurry Seal Type II - See exhibit "A' & "B" per street locations & areas. ELT 820 5 Traffic Striping and Pavement Markers - See exhibit'C" per details. LS 1 7 ' TOTAL BASE BID PRICE (SCHEDULE BID PRICE): form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.. t If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. ' Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Bidder's BoniDollars ($10% of ~sdid amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. CBF-2 Jun 10 10 01:53p 6265692303 p.1 MAYOR: w4krAREY CLAFK MAYOR PRO TEIA: GARY TAY1 OR COUNCIL MEMBERS: SANDRA ARIAENTA POLLY LOW STEVEN LY June 10. 2010. To NI Prospective Bidders: i s Roscf wad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAC, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307.9218 ADDENDUM No. 2 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) Please note the following revisions on the specifications for the above project: 1. Page CBF-2 : Add the following Alternate Item to the proposal: ALTERNATE BID ITEM #1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 6 Paint Home Addresses (Curb Numbering) EA 800 S"D one TOTAL ALTERN&TE BID PRICE #1: S Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID IT MS:$ -IC 7--,< / 0 71ZIO !~11',r amount in en form Page 1 of 2 Jun 10 10 01:53P 6265692303 P.2 If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, Rafael Fajardo Associate Civii Engineer Acknowledgement: Bidder: Date: .~149 Title: ~.GUlrr~~ Page 2 of 2 Jun 09 10 02:33p AIAYORo ktARGARET CLAM IAAYOR PRO TCM: GARY TAYLOR COUNCIL uEM6ER5: SANDRA ARMENTA POLLY LCI1Y STEVEN LY June 9. 2010 6265692303 p.1 if(~ 9~ osemcad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2 100 FAX (626) 307-921 B ADDENDUM No. 1 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16. 2010) To Al Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page TP-6 SECTION 4 CRACK SEALING paragraph 4.02 shall be read as follows: 4.02 Preparing Cracks., Prior to sealing cracks, the Contractor shall remove all existing temporary A.C. patching material, vegetation and organic material from cracks''/.-inch and wider by routing out to a depth of '/.-inch. A Crafco Model 2000 router, or equal, shall be used to rout the cracks. All loose materials shall be removed from cracks to be sealed by using hot air lance accompanied by not less than 175 cfm compressor producing and air stream velocity of 3,000 ft/sec. and heated air temperature of 2,950° F immediately before the application of crack sealant. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, afael Fajardo Associate Civil Engineer Date: 6 '1,~9 -C'D/U Page 1 of 1 Doug Martin Contracting Co., Inc. BIDDER: . ' If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates ' of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting ' therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. ' Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be .incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data ' submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the ' necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF - 3 By: igna e Doug Martin, President Type or Print Name President June 16, 2010 Date Doug Martin Contracting Co., Inc. BIDDER: 220 E. Foundation Ave. Business Street Address La Habra, CA 90631 City, State and Zip Code 714.441.0513 Telephone Number Bidder's/Contractor's State of Incorporation: California corporation Partners or Joint Venturers: Bidder's License Number(s): 470131 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF - 4 CERTIFICATE OF SECRETARY OF ADOPTION OF RESOLUTION i Dixie Martin,, do hereby certify that I am the Secretary of Doug Martin Contracting Co., Inc., and do hereby certify that the following resolution is a full, true and correct copy of a resolution passed by the Board of Directors of said corporation at a meeting thereof held on the 3rd day of January, 1985, in accordance with the by-laws of said corporation, and that said resolution has not to the date of this certification been in any manner amended, modified, revoked, rescinded or annulled, and the same is now in full force and effect. "RESOLVED, that any of the following officers of this corporation, Doug Martin, President, and Dixie Martin, Secretary/Treasurer, any one acting alone, be and they are hereby authorized to execute and deliver in the name of and for and on behalf of this corporation, any and all'bids, authorizations, contracts, bonds and agreements of any nature or sort whatsoever. BE IT FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including public entities, shall be entitled to rely on the authority of any one of such officers above named, to bind this corporation by the execution and delivery of any such bids, authorizations, contracts, bonds, an agreements. BE IT FURTHER RESOLVED, that the authority herein contained shall remain effective until the person, corporation, or public entity relying upon the authority herein contained, receives written notice to the contrary signed by duly authorized officers of this corporation, that all previous authorizations theretofore given with respect to the matters herein contained are revoked. That the revocation of the authority herein contained shall not affect the validity of any instrument herein referred to signed by any person or persons at the time authorized to act." . IN WITNESS WHEREOF, the undersigned has hereunto set her hand as Secretary and affixed the seal of this corporation this 15 day of June, 2010 Uw - hiajf,-4, ~ A , ~ Dixie Martin, Secretary r BIDDER: SECTION 2 8!D DATA FORMS CBF - 5 BIDDER: DOUG MARTIN OOKTRACTING OWANY, INC. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are property identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS; THAT D= MAKM OONIRACMC 031VANY,- INC. , as Principal, and SAS INSURANCE OaVANY OF AMERICA , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of TIN PERCENT OF THE TOTAL AMa= BID- - - 10%- - - being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jok* and severalty, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2009-2010 Slurry Seat Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated JUNE 16, 2010 NOW, THEREFORE, If said Principal Is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 11Tf1 day of JUNE 20 10 OOP ANY OF DOUG MARTIN CONMACMC. COMPANY, INC. (SEAL) AMERICA (SEAL) Principal Su ety By L bd,l 7&,ie,~, By:' Signature J Si nature Dixie Martin, Secretary JUDTTN K. aM1lNUIAM, ATMUSE'Y-IN-FACT CBF - 6 T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 11, 2010 before me, Cynthia S. Wozney , Notary Public Personally appeared Judith K Cunningham Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/theil<authorized capacity(ies), and that by his/her/t#>i 4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CYNTHIA S. WOZNEY COMM. #1670733 m I certify under PENALTY OF PERJURY under the laws of GUNGE The State of California that the foregoing paragraph is true Notary GUNGE `COUN71UNTY y My Cornet. Ems. June 25, 20Io and correct. WITNESS my hand and official seal. Signature Signatu of No Public OPTIONAL Capacity(its) Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ® Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY KNOW ALL BY TNESE PRESENTS No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint '****"****DENISE BENNETT; JUDITH K CUNNINGHAM; JOHN M. GARRETT; CHARISE MAY; STEVEN C. MOSIER; ERIKA A. NICHOLAS; CYNTHIA S. WOZNEY; Irvine, California"•*'****"«*'»•**********"**•*•*****"************ its true and lawful attomey(s}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th day of June , 2010 pix* Dexter R. Lega, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2e. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, The provisions of Amide V, Section 13 of the By-Laws, and (ii) A copy of the power-0f-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-atiomey appointment is in full force and effect, the signature or the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and coned, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL 11TH JUNE 2010 . 1:91111,11M L , SEAL day of Dx* R.kjI Dexter R. Legg, Secretary S-0974IDS 3109 WEB.PDF 1 2.13 LIST OF PROPOSED SUBCONTRACTORS Doug Martin Contracting Co., Inc. BIDDER: In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 ' through 4114 of the Califomia Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount ' in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. t a t CBF - 7 i r i i i Doug Martin Contracting Co., Inc. BIDDER: 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) I"DuWlcate Ne74 2 Pages H needed for fisting additional subcontractors.') Name and Location Description of Work of Subcontractor to be Subcontracted Name: ",-441-3196 ~ - Address: , , r► Name and Location of Subcontractor Name: "gt r Address^ Name and Location of Subcontractor Name Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: CBF - 8 Description of Work to be Subcontracted I t u r Doug Martin Contracting Co., Inc. BIDDER: 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1• (Jry of Walnut. 21201 E_ 7a Pnente Road, 91719RI Name and Address of Owner Jason Welday 909:954.9702 Name and telephone number of person familiar with project 551,920.00 Slurry Seal & Striping May 10, 2010 Contract amount Type of Work Date Completed 2. City of Lake Forest,25550 Commercentre Drive, Ste 100, 92630 Name and Address of Owner Luis Estevez. 949.461.3485 Name and telephone number of person familiar with project Slurry Seal, Striping, AC Recontruction Contract amount Type of Work 6, 2010 Date Completed 3. City of Bellflower, 16600 Civic Center Drive, 90706 Name and Address of Owner Frank Preciado, 562.504.1424 Name and telephone number of person familiar with project 186,824.79 Slurry Contract amount July 17, 2009 . - Type of Work Date Completed q City of Claremont, 207 Harvard Ave. 91711 Name and Address of Owner Kurt Powell 909.399.5478 Name and telephone number of person familiar with project 794,322.60 Slurry Seal, Crack Fill, Striping October 6, 2009 Contract amount Type of Work Date Completed CBF - 9 n I I t t t t Doug Martin Contracting Co., Inc. BIDDER: SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 I i t t t t Doug Martin Contracting Co., Inc. BIDDER: NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly. sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, orcorporation; thatthe bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly.'. submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signal Subscribed and sworn before This day of Z Notary Public ' and for the State o alifornia My Co mission Expires. Doug Martin Typed or Printed Name President Title Doug Martin Contracting Co., Inc. Bidder 20 CBF-11 (Seal) State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 15 _ day of June , 20 A , by Doug Martin proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. K CARLWN C*rmrwwon # 1676308 NOM R+fa - Capla O'Mycornrml;a~IrM M Am 19, 2010 (Seal) Signature BIDDERMISSION PAVING AND SEALING. ING SECTION 1-BID SCHEDULE CBF - 1 Jun 09 10 02:41P MAYOR: MARGARET CLARK MAYOR PRO TEM: GARY TAYLOR COUNCIL MEMBERS: SANDRA ARMENTA POLLY Low STEVEN LY June 9, 2010 6265692303 P.1 8838 E. VALLEY BOULEVARD - P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-21 DO FAX (626) 307-9218 ADDENDUM No. 1 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) To All Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page TP-6 SECTION 4 CRACK SEALING paragraph 4.02 shall be read as follows: 4.02 Preparing Cracks. Prior to sealing cracks, the Contractor shall remove all existing temporary A.C. patching material, vegetation and organic material from cracks Y,-inch and wider by routing out to a depth of '/,-inch. A Crafco Model 2000 router, or equal, shall be used to rout the cracks. All loose materials shall be removed from cracks to be sealed by using hot air lance accompanied by not less than 175 cfm compressor producing and air stream velocity of 3,000 fUsec. and heated air temperature of 2,950° F immediately before the application of crack sealant. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, afael Fajardo Associate Civil Engineer Acknowledg ent: Bidder: Mike Miller Date: Title: Vice President 6/16/10 Page 1 of 1 BIDDEFMIS-"ON PAVING X4D SEALIWG, INC BASE BID SCHEDULE BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT. CDBG PROJECT No. P46402 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. LS 1 $ 7,600.00 2 Disposal of Waste Materials LS 1 500.00 3 Crack Sealing LS 1 24,.200.00 4 Slurry Seal Type II - See exhibit "A" & "B" per street locations & areas. ELT 820 $ 195.00 159, 900.00 5 Traffic Striping and Pavement Markers - See exhibit "C" per details. LS 1 9,895.00 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ 202, 095.00 Two hundred two thousand ninety five dollars amount The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 1 n R.id Dollars said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. CBF-2 Jun 10 10 02:00p 6265692303 . P.1 MAYOR: MARGARET CLARK MAYOR PRO TEM: GARY TAYLOR COUNCIL MEMBERS: SANDRAAPMEN7A POLLY LOW STEVEN LY June 10, 2010. To All Prospective Bidders: f itc; , %s mcad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD. CALIFORNIA 91770 TELEPHONE (626) 569.2100 FAX (626) 307-9218 ADDENDUM No. 2 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) Please note the following revisions on the specifications for the above project. 1. Page CBF-2 : Add the following Alternate Item to the proposal: ALTERNATE BID ITEM #1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 6 Paint Home Addresses (Curb Numbering) EA 800 $ 28.00 $ 22, 400.00 TOTAL ALTERNATE BID PRICE #1: $ 22 400.00 Twenty two thousand four hundred dollars Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEMS:$ 224, 495.00 Two hundred twenty four thousand four hundred ninety five dollars Dollar amount in written form Page 1 of 2 Jun-10 10 02:00p 6265692303 p.2 If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to Include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, '1.. L- ' 4 Rafael Fajardo Associate Civil Engineer Acknowle ment: Biddea!~/ Mike Miller Date- Title: Vice President Page 2 of 2 BIDI)4"SS" PAVING AND SEALING, INC; If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution,. within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 1 , 2 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF - 3 BIDDER: MISSION PAVING AND SEALING, ING By: ` Signature or 12747 Schabarum Ave. Business Street Address Irwindale, CA. 91706 City, State and Zip Code President (626) 452-8200 Telephone Number 6/14/10 Date Bidders/Contractors State of Incorporation: California Partners or Joint Venturers: Bidders License Number(s): 624257 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, CBF - 4 I I BIDDER: MISSION PAVING AND SEALING, INC SECTION 2 BID DATA FORMS CBF - 5 Mission Paving & BIDDER: Sealing, Inc.. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Mission Paving & Sealing, Inc. as Principal, and SureTec Insurance Company _ as Surety, are held firmly bound t.!nlo the CITY OF ROSEMEAD (hereinafter called ' the" OWNER) in the -sum of 10% of amount bid ($10% of bid being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2009-2010 Slurry Seat Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated June 16, 2010 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALE h_ 14th day of June 2010 Mis Paving & SureTec Insu nce Se 1 i n SEAL) Com an (SEAL) Principal Sure By: By: Si9nature u9 y iPresi nt D anai de Noddle Attorney in Fact CBF-6 ACKNOWLEDGMENT State of California County of Los Angeles ) On JUN 14 2010 before me, Christopher John Rizzotti. Notary (insert name and title of the officer) personally appeared avid Noddle 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tqV and correct. WITNESS my and and official seal. >r I i Signature (Seal) - i CHRISTOPHER JOHN RIZZOTTI COMM. # 1874043 c NOTARY PUBLIC • CALIFORNIA (n LOS ANGELES COUNTY My Comm. Expires Jan. 17, 2014 i POA #t: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Knun- All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint David Noddle its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 (S5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate sea] of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10131/12 and is made under and by authority of the following resolutions of the Board of Directors of die SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atrorncv-ir,-Foct may be given full power and authority for and in the name of and of behalf of the Company, to execute. acknowledge and deliver, any and all bonds, recognizanccs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resoled. that the signature of any authorized officer and seal of the Company heretofore or hereafter a coed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or underialcing to which it is attached. (Adopted at a meeting held on 20'r' of April. 1999.) In Witness Whereof,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS CE COMPANY By: wr`rN'tz1 B.J. Iii resident state of Texas ss: County of l lams On this 28h day of October, 2008 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the sal of said Company; that the seal affixed to said instrument is such corporate seat: that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny SW9 1 of Texas 1 J~! 1 t • W ~k ej4 D°. Ylym- V ,+ras IrquR ti7,1012 Michelle Denny, Notary P lit My commission expires August 27, 2012 I, M. Brent Hcaty. Assistant Secretary of S1IRETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect: and furthermore, the resolutions of the Hoard of Directors, set out in the Power of Attorney arc in full forec and effect. Given under my hand and the seal of said Company at Houston, Texas this day of JUN 14 20% A.D ~1. Brent Beaty, Assis ant Setretary Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ' BIDDER:MISSION PAVING AND SEALING, INC 2.8 LIST OF PROPOSED SUBCONTRACTORS ' In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), 1 whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work. ' Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and ' location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and ' shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges,- in excess of one-half of 1 percent of the ' Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. 1 t CBF-7 i i BIDDERMISSION PAVING AND SEALING. INC 2.0 LAST OF PROPOSED SUBCONTRACTORS (continued) t"Duplicale Neat 2 Pages if needed for listing additional subcontraofors." J Name and Location Description of Work of Subcontractor to be Subcontracted Name: PCE Striping Sealcoat Address: 1105 E. Hill St. Long Beach, CA. 90806 Striping Name and Location Description of Work of Subcontractor to be Subcontracted Name: Rubberized Crackfiller Sealant, Inc. Address: 800 E. Walnut Ave. Fullerton, CA_ 92831 Crack Filling Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: CBF - 8 Description of Work to be Subcontracted Description of Work to be Subcontracted L BIDDER: MISSION PAVING AND SEALING. INC 2.C 'REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: Simi Valley Unified School District 875 E. Cochran St. Simi Valley,CA.93065 Name and Address of Owner Mike Handberg - (805) 306-6565 Name and telephone number of person familiar with project amount and seal of Work 2. Pomona Unified School District 800 S. Garet Ave., Pomona., CA. 91776 Name and Address of Owner Mike Weddle - (909) 397-4800 Name and telephone number of person familiar with project $ 264,600.00 Asphalt paving and slurry seal 9/8/07 I Contract amount I CBF - 9 3, Norwalk - La Mirada Unified School-District 12820 Pioneer Blvd. Norwalk,CA. 90650 Name and Address of Owner John Wvsoki - (562) 868-0431 Ext 2185 Name and telephone number of person familiar with project $ 600,74B.04 Asphalt paving and Slurry seal 10/6/07 Contract amount Type of Work Date Completed q Garden Grove Unified School District 10331 Stanford Ave., Garden Grove,CA.92840 Name and Address of Owner Bob Hohenstein - (714)663-6185 Name and telephone number of person familiar with project $ 326,731.50 Asphalt paving and seal coating 1/2/09 Contract amount Type of Work Date Completed I BIDDERMISSIDN PAVING AND SEALING, INC SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 BIDDUPIS`'ION PAVING AND SEALING, INC 1 NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he-ov- Jholds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or ' indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his-o-Q'her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not y, ny fee to any corporation, ' partnership, company association, organization, bid dep r itory , r to any member or agent thereof to effectuate a collusive or sha bid. ] / t Doug Srrn~ Typed or Printed Name President Title ' Mission Paving and Sealing, Inc. Bidder Subscribed and sworn before me • aer COW U" MOM COW" ly~ 1 This f day of JvYL-6 _,20 (Seal) No Pu lic in and for t tate of California My Commission Expires: Zvi 1 CBF - 11 Jun 09 10 02:37p 1,1AY DR: UAAGARET CLARK MAYOR PRO TEN. GARY TAYLOR COUNCIL MEMBERS; SANDRA ARMENTA POLLY LAIN STEVEN LY June 9, 2010 6265692303 p.I 6scmead 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD. CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307.9218 ADDENDUM No. 1 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) To All Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page TP-6 SECTION 4 CRACK SEALING paragraph 4.02 shall be read as follows: 4.02 Preparing Cracks. Prior to sealing cracks, the Contractor shall remove all existing temporary A.C. patching material, vegetation and organic material from cracks 1/4-inch and wider by routing out to a depth of Y4-inch. A Crafco Model 2000 router, or equal, shall be used to rout the cracks. All loose materials shall be removed from cracks to be sealed by using hot air lance accompanied by not less than 175 cfm compressor producing and air stream velocity of 3,000 ft/sec. and healed air temperature of 2,9500 F immediately before the application of crack sealant. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specificatlons. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal- Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, _ 7 afael Fajardo Associate Civil Engineer Acknowledgement: Bidder: ALAG--k^C~Airr-114641 IL Date: Title: f 1G S6L, \1n. At •a7 v~v V % Cam. ~re,3 1 O ~ 6-I _A Page 1 of 1 Jun 16 10 07:28a 6265692303 P.1 MAYOR: MARGARETCLAR MAYOR PRO TM- GARY TAYLOR COUNCIL NEYCERS: SANDRA ARAIFNTA POLLY LOW STEVEN LY June 10, 2010. Posemead 8838 E. VALLEY BOULEVARD - P.O- 80X 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569.2100 FAX (626) 30?-9218 ADDENDUM No. 2 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) To All Prospective Bidders: Please note the following revisions on the specifiieabons for the above project: 1. Page CBF-2 : Add the following Alternate Item to the proposal: ALTERNATE 810 ITEM #1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 6 Paint Home Addresses (Curb Numbering) EA 800 TOTAL ALTERNATE BID PRICE #1: Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID amount in written form Page 1 of 2 Jun 16 10 07:28a 6265692303 p.2 If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This /addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal- Failure to acknowledge receipt of addendum will disqualify the Bidder. Very truly yours, Rafael Fajardo Associate Civil Engineer Acknowledgeme(~nt- Bidder:le T-l1,n 1f`11C6. tLIS~,,-I( Date: Title: A".k ~.1:... _ ~ Page 2 of 2 BIDDER: 11~cx -T CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ...1 SECTION 2 BID DATA FORMS 5 2.A 2 13 BID BOND . LIST OF PROPOSED SUBCONTRACTORS ...........................................6 . . . 7 . . . . . SECTION 3 NON-COLLUSION AFFIDAVIT .........................................10 0 CBF - 12 1 t I t I BIDDER: `:qjo SECTION 1-BID SCHEDULE CBF - 1 Ll I "I BIDDER: 101 Sty, g-~earC~ BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE I t 1~ UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and $ 1 specifications. LS 1 G .0(7 000, 0 2 Disposal of Waste Materials LS 1 d ~C,p,C10 2-$0.OO 3 Crack Sealing LS 1 c t 2-1-{ ( . 00 4 Slurry Seal Type II - See exhibit "A' & "B" l ti & ELT 820 x S~ i# t 12 3 90 per street ons areas. oca • • - - 5 Traffic Striping and Pavement Markers - See exhibit "C" per ppp O0 f 't !b, 000.00 details- LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ A 91123 , 0 Swa1,cA v~~.1 ` '+"V &L... `K-31(,, -V- A'Iy-&_ kCAJO ~ '(~Q'Lje' `'n^Y'C.t,, Dollar amount in written form UOk. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract forthe Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. ' Attached hereto is a certified check, a cashier's check or a bid bond in the amount of IA, P 3 A Dollars said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. CBF - 2 Jun 16 10 07:28a 6265692303 P.1 ff:~ owI' MAYOR: MARGARET CLARK MAYOR PRO TEA: COLOCCIL MEMBERS: SANDRA ARASEMTA POLLY LOW STEVEN LY June 10. 2010. i cy ~osemcad 8838 E. VALLEY BOULEVARD-P.O. BOX 399 ROSEMEAD. CALIFORNIA 91770 TELEPHONE (626) 569.2:00 FAX (626) 307.9218 ADDENDUM No. 2 2009-2010 ANNUAL SLURRY SEAL PROJECT CDBG PROJECT No. P82229 (Bid Opening Date: June 16, 2010) To All Prospective Bidders: Please note the following revisions on the specifications for the above project: 1. Page CBF-2 : Add the following Alternate Item to the proposal: ALTERNATE BID ITEM #1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST ¢ 6 Paint Home Addresses (Curb - ` V-00 - 00 Numbering) EA 800 TOTAL ALTERNATE BID PRICE #1: 0 $-Z, 2-00• yo - Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEMS:S ZS amount in written form _ / cko16-,rj f ttij( ikJ aA Page 1 of 2 BIDDER: AID .w S WC~ SeZOV If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution,. within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. ' The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's Califomia contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting ' therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. 1 Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 1 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. I CBF-3 I I I BIDDER: Pv~, Akk4i- Lt LJ ~ By: c.7G Signature Type or Print Name l' ;Z~ rA..Tl Title + Date 10 2,2- g6py-,..f-t~ Business Street Address City, State and Zip Code J'J 0 P6 (I -1%.6-A Telephone Number Bidder's/Contractor's State of Incorporation: QJ I -~orr~i?k Partners or Joint Venturers: Bidder's License Number(s): NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms, 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, nartnershin or ioint venture has the authority to do so. CBF-4 I t BIDDER: SECTION 2 BID DATA FORMS CBF - 5 BIDDER. Roy Allan Slurry Seal. Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2_A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Roy Allan as , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called . the OWNER) in the sum of Ten percent of the total amount ol'the bid 10% ),.being not less than ten percent (10%o)of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, suucessors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2009-2010 Slurry Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated June 16.2010 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this I lth day of June 2010 Roy Allan Slurry Seal. Inc. (SEAL) ULLICO Casualty Company (SEAL) Principal. Surety A. BY: By: Si nature signature \ tcw J. Coats. AttorneV; 'Fact CBF - 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On JUN 112010 before me, Adelaide C. Hunter, Notary Public (insert name and tide of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument andacknowledged-to me that he/she/they executed the same in hisA,erAheir 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 A - Ovv~ ADELAIDE C. HUNTER Commteafon 1808193 .o Notary Public . Calllornla i~ Otanoe County 8. 2012 M Comm EXO $ ;U' ULLICO Casualty Company 1625 Eye Street. N.W. Washington D.C 20006 r6liiico' Power of Altornev KNOW ALL PERSONS BY THESE PRESENTS: Mika ULLICO CASUALTY COMPANY (ere Company), a corporation organized and existing under the laws of the State of Delaware. does hereby constitute and appoint: Linda D. Casts . Marthew J. Coats . Douglas A. R.•ipp . & Timothy D. Rapp of Linda D. Coals Surely Insurance Sen ices. Inc. Its tme and lawfid Attorney is) in fact with firll authority to exectite on its behalf bonds. widertakings. recogr.izances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to hind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of.Ulorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of tILL1CO Casualty Compurty at a meeting duly called the 15th day of July. 2009. RESOLVED: That the Board of Directors hereby authorizes the Presided or any Vice President of the Company to: (I) Appoint Attorney(s) in Fact and authorize the Auorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnify and other writitres obligatory in rite nature [hereof and to attach the seal of the Company thereto. and (2 t to renovc, at any time, any such Attorney-w-Fact and revoke the authority given. '.4nd. be it FURTHER RESOLVED: Tint die signatures of such officers mid the seal of the Cotnpany may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so ececured and certified by facsimile signatures and facsimile seal shall be valid and biding upcai the Company in the More with the respect to any bond or uuderlaking to which it IS attached. IN TESTIMONY WHEREOF, ULL1170 CAST U. 1-1 COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office thic IIth daunt lililC '0 Iii StDLNT Daniel Aronowitz President ULLICO Casualty Company, a Delaware Caq)ontion 0n' thisr16Ut day of :uly 2009. before me came die individual who executed the preceding instnunent. to me personally known, and being by me duly sweri said diii he is the dherein,described and authorized officer of the ULLICO CASUALTY COMPANY; that the deal affixed to said instrument is the Cohlhira;c seal of s id Uinrpanp: that the said Corporate Seal and his signature were duly affixed. dn, Notary Public CATHERINE M. OBRiEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I. Tacaah F. Valcntinc. Senior Vice Prc~idcnt. Gahaal Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuarl thereto on this 16th day of July 2009 are true and correct and are still in fidl force and etfed. I do further certify that dial Daniel Aronowitz- wino executed the Paver of Attomey as President. was on the date of execution of the auached Power of Attorney the duly elected President of ULL1C0 Casualty Company In Testiahony Witereof 1 have subscribed my name acrd affixed die facsimile seal of each Company This 16`" day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel dr. Secret ary ULLICO Casualty Company 2.B LIST dF PROPOSED SUBCONTRACTOR BIDDER: 1 ~n ML, J~U I-y~ Sef4 ( VV In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 ' through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount 1 in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow ' Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. ' If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent ' (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges,* in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no ' subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. t 1 CBF - 7 i i i BIDDER: 4 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) I"Duplicate Ne4 2 Pages If needed for listing additional subcwtractors."I Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: J Name and Location Description of Work of Subcontractor to be Subcontracted Q-t Name: Address: SOO li~~~ Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: 0 CBF-8 Description of Work to be Subcontracted Description of Work to be Subcontracted BIDDER: S~&4 A ~m I s t I SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 t I I 1 BIDDER: Cn C~y l!lS•~ Symo~ 1 A~v NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ignature AL Typed or Printed Name y Title Bidder" t Subscribed and sworn before me This day of 20 (Seal) Notary Public in and for the State of California My Commission Expires: CBF - 11 State of California County of - Orange Subscribed and sworn to (or affirmed) before me on this ~I') day of 2O to , by l.G.L,-?,r2~nc e Aky t v% proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ARtyMAR1E ALV+N CoMv. p 11 K Fo"ru Hn;kRr PUB~IC-~ r OM~6 LW t 3.1011 ~ ~p~y, Ear. Jui (Seal) Signature G-~-t MAYOR: GARY TAYLOR MAYOR PRO TEM: STEVEN LY COUNCIL MEMBERS: SANDRA ARMENTA MARGARET CLARK POLLY LOW June 22, 2010 Property Owner Rosemead, CA 91770 Poscme act 8838 E. VALLEY BOULEVARD - P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 Subject: Residential Roadway Slurry Sealing Program Dear Sir/ Madam, In an effort to maintain local streets and roadways in the best possible condition, the City of Rosemead has initiated a street resurfacing project in your area. The project includes all residential streets east of San Gabriel Blvd and south of Garvey Ave to the City limits. The work, which will start in mid-July, includes the installation of asphaltic concrete pavement, crack sealing, roadway striping and markings, and painting house address numbers on curbs. Please be aware that the City will be painting of house numbers on curbs at NO CHARGE to residents. If you have any question or concern, please call me at (626) 569-2151. Sincerely, Rafael Fajardo Associate Civil Engineer For information please call: Para obtener mas informaci6n, favor de llamar al: Del biet th6m chi ti6t, An goi: 626-569-2151 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Comprehensive Insight Plus Report for D-U-N-S 03-284-4180 Small Business AMERICAN ASPHALT SOUTH, INC. • . Solutions Report Printed: June 16, 2010 ► Print this report ► To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop-down menu and select a location for your file. Enter a file name and save the report as a html or.brt file. Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead Company Snaoshicit Cr_edi_tworthrngs3 Payment History 8 Trends Public Filings i o $9peratiQns Banking Finance Company Snapshot Business Summary Profile Likelihood this company will not pay on LOW AMERICAN ASPHALT SOUTH, INC. time over the next 12 months ~L 14436 Santa Ana Ave Fontana, CA 92337 Credit Score Class: 2 Mailing address: PO Box 310036 1 2 3 4 5 Fontana, CA 92331 Low Moderate High Tel: 909 427-8276 www ameriGan85DtlaltsotiSh,CQ1?? Likelihood this company will experience MODERATE D-U-N-S 03-284-4180 financial stress in the next 12 months D&B Rating: 1R4 Financial Stress Class: 2 Company Stalls Year incorporated 1999 1 2 3 4 5 Year started 2000 Low High Employees 65 Financing SECURED Chief Executive Alan Henderson , Pres- cfo Timeliness of historical payments for - PROMPT S.I.C. 1611 this company Industry D&B PAYDEX& 80 Highway/street construction This is a single location. 100 0 Anticipates Prompt 30 120 The Net worth amount in this section may have been adjusted by D&B days slow days slow to reflect typical deductions, such as certain intangible assets Industry benchmark: Prompt "Based on 35 trade experiences on file with D&B Payment performance trend over the past 90 days U N C H A N G E D D&B offers guidance on credit limits for this company based on its profile as well as profiles of other companies similar in size, industry, and credit usage Get details Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its mana ement NOW g Noteworthy special events in this company's file NOW Total number of suits, liens and judgments in this company's file 1. Value of open suits, liens and judgments for this company $1,000, Value of open records refers only to 10 most recent filings for each record type. There may be additional suits, liens, judgments, or UCC filings in D&B's file on this company available by contacting 1-866472-7362 Company Snapshot Creditworthiness Payment History $ Trends Public Filings History & Operations Banking & Finance Creditworthiness Page 1 of 8 https:Hsmallbusiness.dnb.com/ePlatform/servlet/ViewReport?orderltemld= 106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC Summary Likelihood this company will MODERATE W D&B Rating: 1R4 experience financial stress in Number of employees: 1R is 10 or more employees. the next 12 months Composite credit appraisal: 4 is limited The 1 R and 2R ratings categories reflect company size based on the Likelihood this company will not LOW ;e total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1 R pay on time over the next 12 and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on months analysis by D&B of public filings, trade payments, business age and other important factors- 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Default on Payment: Financial Stress Summary Likelihood this company will MODERATE experience financial stress in the next 12 months Financial Stress Class: 2 1 2 3 4 5 Low High Financial stress national percentile: 69 (highest risk: 1%; lowest risk: 100%) National percentile industry none: 49 (highest risk: 1%; lowest risk: 100%) During the prior year, firms in this Financial Stress Class had a failure rate of 0.09%, which is 5.33 times lower than the national average. Payment within Terms: Credit Score Summary Likelihood this company will not pay on time over the next 12 months Credit Score Class 2 1 2 3 4 5 Low Moderate High Key Factors 35 trade experiences exist for this company. Financial Stress Score: 1511 (high risk 1.0011ow nsk: 1,875) Composite credit appraisal is rated limited. UCC Filings reported. Business does not own facilities. Higher risk legal structure. LOW W~ Key Factors 35 trade experiences exist for this company. There are no credit score comments for this case The Credit Score class of 2 for this company shows that 4.6% of firms with this classification paid one or more bills severely delinquent, which is lower than the average of businesses in D&B's database. Credit score percentile: 81 (high risk: 1%; low risk: 100%) Industry norm percentile: 51 (high nsk: 1%: low risk: 100%) Additional Information Financial Stress Summary The Financial Stress Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress The probability of failure shows percentage of firms in a given percentile that discontinue operations with loss to creditors. The average probability of failure is based on businesses in D&B's database and is provided for comparative purposes. The Financial Stress Score Percentile reflects the relative ranking of a company among all storable companies in D&B's file. The Financial Stress Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. Credit Score Summary The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all storable companies in D&B's files. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Oplotions 5AI3k 09 & Finance Page 2 of 8 https:Hsmallbusiness.dnb.com/ePlatform/servlet/V iewReport?orderItemld=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Payment History Summary Average payment performance trend when weighted by dollar amount Payment History Overview Payment experiences on file with DAB: Payments made within terms: Amount placed for collections: UNCHANGED © Company's payment performance over the past 12 months compared with its peers 35 Average highest credit: 32(92%) Largest high credit: 0(0%) Highest now owing: Highest past due: Historical Payment Trends: PAYDEX® Average payment performance trend when weighted by dollar amount Last 3 months: Trend is unchanged U N C H A N G E D Last 12 months: Generally within terms D&B PAYDEX®: 80 Industry benchmark: Prompt 100 0 Anticipates Prompt 30 120 dayssIow days slow AHEAD $8.894 $50,000 $50,000 $100 Based on payments collected over last 12 months. Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed Historical Payment Trends: PAYDEX® Comparison to Industry Company's payment performance over the past AHEAD L 12 months compared with Its peers This company's 12-month high: 80, or equal to generally within terms This company's 12-month lour. 78, or equal to 3 days beyond terms N/A 20 30 40 G 6o - s 60 - 70 80 _ t t ■ 90 100 I I I I I I I 1 I I 1 I 07/05 06/05 06105 10105 11109 12/09 01110 02110 0370 041,10 05110 0610 t This Company ■ Industry Benchmark Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Highway/street construction, based on SIC code 1611. Payment History Details Date Reported Paying Record I High Credit I Now Owes I Past Due I Selling Terms Last Sale Within (months) 05/10 Prompt 1 50,000 1 50,000 0 1 05/10 Prompt 45,000 45.000 1 0 1 1 05110 Prompt 35,000 35,000 1 0 l t 05/10 Prompt 30,000 30,000 1 0 1 1 05110 Prompt 1 25,000 1 25,000 0 1 05/10 Prompt 25.000 25,000 1 0 1 1 1 05110 Prompt 1 2.500 750 1 0 Net30 1 1 1 I 1 Page 3 of 8 https://smallbusiness.dnb.com/ePlatform/servietfViewReport?orderItemld=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Page 4 of 8 05110 Prompt 1 750 1 0 1 0 1 05/10 Prompt 1 750 1 0 0 1 2-3 05/10 Prompt 500 100 100 1 1 05/10 Prompt 250 250 0 1 1 05/10 Prompt 100 100 0 1 05/10 Prompt 50 50 0 1 05/10 Prompt-Slow 30 1 2,500 1 100 100 1 05/10 Prompt-Slow 30 1 1,000 1 0 0 1 04/10 Disc-Prompt 1 5,000 1 5,000 0 1 04110 Prompt 1,000 0 1 0 1 1 04/10 Prompt 1 250 1 0 0 Net30 1 4-5 04/10 Prompt-Slow 30 50 0 0 1 2-3 04/10 Slow 5 1.000 1 1 Net10 1 2-3 04/10 (021) 1 10,000 1 0 0 1 04/10 (022) 1 500 1 0 I 0 1 03/10 (023) 1750 10 10 1 1 Satisfactory. 02110 Prompt 750 0 0 4-5 02110 Prompt 50 0 0 4-5 02/10 (026) 750 Cash account 1 02/10 (027) 1 750 1 0 0 6-12 02110 (028) 50 Cash account 1 02/10 (029) 50 1 I Cash account 1 10/09 Prompt 1 2,500 1 0 I 0 1 1 6-12 05/09 (031) 1 250 1 1 ~ Cash account 6-12 04109 Slow 5 1,000 1 01/09 (033) 2,500 Cash account 1 1 01/09 (034) 100 Cash account 1 1 10/08 I Prompt 1 500 1 0 1 0 1 1 1 Payment experiences reflect how bills are met in relation to the terms granted In some instances payment beyond terms can be the result of dispute over merchandise, skipped invoices, etc. Each experience shown Is from a separate supplier Updated trade experiences replace those previously reported. Payment Analysis By Industry Company's dollar-weighted payments listed by the primary industries of its suppliers Total Received Total Dollar Largest Within Slow 1-30 Slow 31- Slow 61- Slow M Amount (S) High Credit Terms 60 90 91+ (S) of dollar amount) Industry Short-trm busn credit 9 210,400 50,000 100 0 0 0 0 Whol industrial suppl 3 5,750 2,500 78 22 0 0 0 Nonclassified 3 1,300 750 100 0 0 0 0 Whol hardware 1 5,000 5,000 100 0 0 0 0 Whol computers/softwr 1 2,500 2,500 100 0 0 0 0 Whol tires/tubes 1 1,000 1,000 100 0 0 0 0 Mfg cleaning products 1 1,000 1,000 0 100 0 0 0 Public finance 1 1,000 1,000 0 100 0 0 0 Ret auto supplies 1 1,000 1,000 50 50 0 0 0 Whol durable goods 1 750 750 100 0 0 0 0 Hvy const eqpt rental 1 750 750 100 0 0 0 0 Misc business credit 1 500 500 100 0 0 0 0 Ret mail-order house 1 250 250 100 0 0 0 0 Whol chemicals 1 50 50 100 0 0 0 0 https://smallbusiness.dnb.com/ePlatformlservletIViewReport?orderlteml d=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Other payment categories Cash experiences 6 3,700 2,500 Payment record unknown 3 11,250 10,000 Unfavorable comments 0 0 0 Placed for collection With D&B 0 0 0 Other 0 N/A 0 Total in D&B's file 35 246,200 50,000 There are 35 payment experiences in D&B's file for the most recent 12 months, with 23 experiences reported during the last three month period. Company Sn~ hoot Creditworthiness Payment History & Trees Public Flings History & Opera i n nki & Finance Public Filings Summary of Court Actions The following data includes both open and closed filings found in D&B's database on the subject company. Record Type Open Records Open Value Total Records Most Recent Filing Date suits 1 $1.000 1 11/2112008 Liens 0 0 0 - Judgments 0 0 0 - U Filin 6 N/A 16 03/19/2009 Bankruptcy Proceedings 0 N/A 0 - Public filing data is for informational purposes only and is not the official record. Certified copies can only by obtained from the official source. Number and value of open records refers only to 10 most recent filings for each record type. There are additional suds, liens, judgments, or UCC filings in D&B's file on this company available by contacting 1-86672-7362. Suits Status Amount Cause Plaintiff Defendant Date Filed Additional Details Pending $1,000 Unavailable CITY OF SAN AMERICAN 11121/2008 Case number. 800008975 DIEGO ASPHALT SOUTH Date status Attained 11/2112008 INC Latest info Received 12/01/2008 Where filed SAN DIEGO COUNTY SMALL CLAIMS COURT/SAN DIEGO, SAN DIEGO, CA If a is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not necessarily imply a claim for money against the subject. Any public filings displayed in red are open. UCC Filings Collateral All Negotiable instruments including proceeds and products - All Inventory including proceeds and products - All Account(s) including proceeds and products - All Timber including proceeds and products - and OTHERS Unavailable Type Sec. Party Debtor Date Filed Additional Details Original PACIFIC WESTERN AMERICAN 06120/2002 Filing number: 0217260177 BANK, INDIAN ASPHALT Filed with. SECRETARY OF WELLS, CA SOUTH INC STATEIUCC DIVISION, SACRAMENTO.CA Latest info Received 07/08/2002 Continuation PACIFIC WESTERN AMERICAN BANK. INDIAN ASPHALT WELLS, CA SOUTH INC 0110412007 Filing number. 0770976003 Filed with SECRETARY OF STATE/UCC DIVISION, SACRAMENTO,CA Latest info Received. 01/05/2007 03/19/2009 Filing number: 0971911354 Filed with SECRETARY OF STATEIUCC DIVISION, SACRAMENTO, CA Latest info Received 03/26/2009 1 0/2 012 0 0 3 Filing number. 0330060191 Filed with: SECRETARY OF STATE/UCC DIVISION, Account(s) and proceeds - Amendment PACIFIC WESTERN AMERICAN General intangibles(s) and BANK. INDIAN ASPHALT proceeds - Equipment and WELLS. CA SOUTH INC proceeds Accounts receivable and Original FINANCIAL AMERICAN proceeds - Inventory and FEDERAL CREDIT ASPHALT proceeds - Account(s) and INC., IRVINE, CA SOUTH, INC. Page 5 of 8 https://smallbusiness.dnb.com/ePlatfonn/servietNiewReport?orderltemld=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. proceeds - Vehicles and SACRAMENTO, CA proceeds - and OTHERS Latest info Received: 11/1312003 Vehicles including Original GENERAL AMERICAN 10/17/2006 Filing number 067088542969 proceeds and products - ELECTRIC CAPITAL ASPHALT Filed with SECRETARY OF Equipment including CORPORATION. SOUTH, INC STATE/UCC DIVISION, proceeds and products - ANAHEIM, CA SACRAMENTO. CA General intangibles(s) Latest info Received: 1 0/2 712 0 06 including proceeds and products - Contract rights including proceeds and products Equipment and proceeds - Original GENERAL AMERICAN 10/11/2006 Filing number. 067087906447 Vehicles and proceeds ELECTRIC CAPITAL ASPHALT Filed with SECRETARY OF CORPORATION, SOUTH, INC STATEIUCC DIVISION, ANAHEIM, CA SACRAMENTO, CA Latest Info Received: 10/1912006 Vehicles and proceeds - Original GENERAL AMERICAN 10/07/2005 Filing number 057045015966 Equipment and proceeds ELECTRIC CAPITAL ASPHALT Filed with. SECRETARY OF CORPORATION. SOUTH, INC STATE/UCC DIVISION, ANAHEIM. CA SACRAMENTO, CA Latest Info Received' 1 0/24120 0 5 Vehicles and proceeds Original HITACHI CAPITAL AMERICAN 08/03/2005 Filing number. 057036448380 AMERICA CORP., ASPHALT Filed with. SECRETARY OF NORWALK, CT SOUTH, INC STATE/UCC DIVISION, SACRAMENTO. CA Latest info Received 0811512005 Equipment and proceeds Original CITICAPITAL AMERICAN 04/27/2005 Filing number. 057025113175 COMMERCIAL ASPHALT Filed with: SECRETARY OF CORPORATION, SOUTH, INC. STATEJUCC DIVISION, IRVING, TX SACRAMENTO, CA Latest info Received. 05116/2005 Equipment and proceeds Original CITICAPITAL AMERICAN 0211312003 Filing number 0304961191 COMMERCAIL ASPHALT Filed with. SECRETARY OF CORPORATION, SOUTH, INC. STATE/UCC DIVISION, IRVING, TX SACRAMENTO, CA Latest info Received: 03/03/2003 Equipment and proceeds Original CATERPILLAR AMERICAN 0210612003 Filing number. 0304160630 FINANCIAL ASPHALT Filed with SECRETARY OF SERVICES ASPHALT STATE/UCC DIVISION, CORPORATION, SOUTH, INC. SACRAMENTO, CA NASHVILLE, TN Latest info Received: 02/2412003 Equipment and proceeds Original CATERPILLAR AMERICAN 02/06/2003 Filing number: 0304160621 FINANCIAL ASPHALT Filed with: SECRETARY OF SERVICES SOUTH. INC. STATE/UCC DIVISION, CORPORATION, SACRAMENTO, CA NASHVILLE, TN Latest info Received: 02124/2003 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed There are additional suds, liens. judgments, or UCC filings in D&B's file on this company available by contacting 1-866-472-7362. Any public filings displayed in red are open. Government Activity Activity Summary Possible Candidate for Socio-Economic Program Borrower (Dir/Guar) No Consideration Administrative Debt No Labor Surplus Area Yes (2010) Contractor No Yes (2010) Grantee No Small Business Party Excluded from Federal Program(s) No 8(A) Firm N/A The details provided in the Government AClivty section are as reported to D&B by the federal government and other sources COmpany__$napshQt Creditworthiness Pgiyr A Hi9Qry & Trends Public Filings History 8 Qpera ions Sinking & Finance History & Operations Topic Description History Detailed information on the history of a company, including background information on the management team and key principals. and information on related companies. Page 6 of 8 https:Hsmallbusiness.dnb.com/ePlatform/servletNiewReport?orderItemId=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC Registration & Detailed registration and incorporation information, including the date and state of incorporation and the type Incorporation of corporation formed. Company Operations Detailed information on a company's operations, including the identity of the parent company, the geographic scope of the business, and the key holdings. Industry Classification Details on the specific industry within which a company is classified. History Officer(s): Director(s): ALAN HENDERSON, PRES- THE OFFICER(S) CFO JEFF PETTY, V PRES LYLE STONE, SEC The California Secretary of State's business registrations file showed that American Asphalt South, Inc was registered as corporation on March 3, 2003. Business started 2000. 100% of capital stock is owned by officers. ALAN HENDERSON born 1954. 2000-present active here. JEFF PETTY born 1965. 2000-present active here- LYLE STONE born 1962 2000-present active here. 1997-2000 was employed with CPM, Sacramento. CA. Registration & Incorporation Registered Name: American asphalt south, inc. Filing Date: February 01, 1999 Business Type. Corporation Registration ID: C2132513 Corporation Type: Profit Where filed: SECRETARY OF STATEXORPORATIONS Date incorporated. February 01, 1999 DIVISION, SACRAMENTO, CA State of incorporation: California Registered Agent: LYLE STONE, 14436 SANTA AVA AVE, Status: Active FONTANA, CA, 923370000 Principals: ALLAN HENDERSON, PRESIDENT, 14436 SANTA AVA AVE, FONTANA, CA, 923370000 Corporate and business registrations provided by management or other source Company Operations Description: Contractor of highway and street work, specializing in highway or street maintenance (100%). Terms are Net 30 days. Sells to commercial companies. Territory: Local. Nonseasonal. Employees: 65 which includes officer(s). Facilities: Rents premises in a one story building Location: Central business section on side street Industry Classification sic NAICS 16119902 Highway and street maintenance 237310 Highway,Street and Bridge Construction Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digd code The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site Links open in a new browser window. Company Snapshot Creditworthiness Payment History8 Trends Public Filings History & Operations Banking & Finance Page 7 of 8 https://smalIbusiness.dnb.com/ePlatform/servletNiewReport?orderlter ld=106846072&do... 6/16/2010 D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC Banking & Finance Key Business Ratios D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business. Industry Norms based on 11 establishments This Business Industry Median Industry Quartile Profitability Return on Sales UN 19 UN Return on Net Worth UN 11.6 UN Short-Term Solvency Current Ratio UN 2.1 UN Quick Ratio UN 1.1 UN Efficiency Assets Sales UN 612 UN Sales / Net Working Capital UN 5.7 UN Utilization Total Liabilities / Net Worth UN 65.4 UN UN = Unavailable Finance 02/20/2010 The name and address of this business have been confirmed by D&B using available sources. Company Snapshot Credi-Worthiaes-s Payment History & Trends Public Filings History & Operations Banking & Finance Customer Service C Need help? Call Customer Service at (800) 333-0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time. ► Print this report ► To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop-down menu and select a location for your file. Enter a file name and save the report as a htmI or.bd file. Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead Page 8 of 8 https://smalIbusiness.dnb.com/ePlatform/serviet/ViewReport?orderItemId= 106846072&do... 6/16/2010