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Roy Allan Slurry SealSPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of shareholders held on February 2, 2008, at 11922 Bloomfield Avenue, Santa Fe Springs, California 90670. ROY ALLAN and GAY D. ALLAN, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or The Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting Alone, to bind this corporation to the terms of any document To which the President or Vice President shall affix his Signature. The individuals presently acting in the capacity of President and Vice President of this corporation are ROY ALLAN and LAWRENCE ALLAN, respectively. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above-described meeting and consent to the resolution set forth above. Dated: February 2, 2008 i. C'. r Roy Allan, hareholder L Gay . Allan, Shareholder CITY OF ROSEMEAD I . ANNUAL 2008-2009 SLURRY SEAL PROJECT 1 CONTRACT BID FORMS BIDDER: CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE 1 SECTION 2 BID DATA FORMS 2.A BID BOND 2.6 LIST OF PROPOSED SUBCONTRACTORS. 5 6 7 SECTION 3 NON-COLLUSION AFFIDAVIT .............................................................................10 BIDDER: ~'\\q S\~.(f S~v~ ,T'nt 1 ' SECTION 7 -BID SCHEDUL 1 1 CBF-1 BIDDER: ~.3'Ilk i IhC. BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. See technical ifi ti TP2 & TP3 LS 1 o,~, - o u spec ca ons . 2 Disposal of Waste Materials LS S~ 3 Crack Sealing LS 1 ~C7J°J r~ ~~pOd° 4 Slurry Seal Type II - See exhibit k lc~ 66 CD -°c "A" & "B" per street locations & areas. ELT 750 60 V 5 Traffic Striping and Pavement Markers - See exhibit "C" per 1 S~~J l l 553 details. LS 1 lhr ~ r58 53c~ TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ '~j Dollar amount in written form per`\n~ ' 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. 1 CBF-2 ' BIDDER: a M6 S`~~c Scc~ ~~'~C. ' Attach hereto is a certified check, a cashier's check or a =bido d in the amount of K )A 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. 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. 1 CBF-3 BIDDER: Y - m\L\,( c-~ By. , Signature L-ckw y, . Type or Print Name J NzQ, Title \\C\ irk ,k,<,\A 1)v Business Street Address ~•h~~, ~c.. ~Otti~`~S C~ GGt~. ~ City, State and ip Cbde \,5~-n S6ti :~6 (-s Telephone Number .~:n~ Bidder's/Contractor's State of Incorporation: ~~-11'1 ~1• Partners or Joint Venturers: Bidder's License Number(s): ''S -10% b 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 wall 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 BIDDER: ' SECTION 2 ' BID DATA FORMS r 1 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 rata Forms. Bidders shall prepare and use as many sheets as are necessaryto 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 §OND KNOW ALL MEN BY THESE PRESENTS: THAT Roy Allan Slurry Seal, Inc. 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 of the Bid 10% being not lass than ten percent (10%) of the Total Bid Price; for the payment of whioh sum will and troy 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 2008-2009 Slurry Seal Project as sat forth in the Notice Inviting Bids and accompanying Bid Documents, dated March 18, 2 0 0 S . 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 oertificates and endorsements, and fumishoe 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 16th day of March 20L9-- First National Insurance Roy Allan Slurry Seal, Inc. (SEAL) Company of America(SEAL) Principal Surety By: By: Y Signature Signs re 4AriaU Valenzuela, Attorney-in-Fact CBF-6 ACKNOWLEDGMENT State of California County of Orange ) On March 16, 2009 before me, Christy A. Mata, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the personjs-'whose name(-sy is/W subscribed to the within instrument and acknowledged to me that~e7she/may executed the same in f) Mer/tF}e uthorized capacity(ies~ and that by kris/her/tWe signatureN on the instrument the person(s~; or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - - - CHRISTY A. MATA COMM. #1734806 z Z a NOTARY PUBLIC -CALIFORNIA ' ORANGE COUNTY My comm. Expires March 27, 2011 (Seal) POWER First National Insurance Company of America r ! 1001 4th Avenue ■ OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 13201 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ****************LOURDES LANDA; MARK ROSSKOPF; ADRIANA VALENZUELA; Fullerton, CA**"*************** its true and lawful attomey(s}in-tact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents ~X* R,kll this 19th day of January Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2009 "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 attomeys-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 FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Dexter R. Legg . Secretary of FIRST NATIONAL 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 this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, 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 day of MAR 16 2009 Dx* Wrkj1 Dexter R. Legge, Secretary S-10491DF 1109 Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF ' BIDDER: O ~J1\G~ J11~'f, L ' 2.B 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. 1 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. 1 1 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. CBF-7 t BIDDER: ' 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ("Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Cq\ Description of Work of Subcontractor to be Subcontracted S ~Y \rv Name: T v ' Address: Sa+c~~~ _ lk. Scr~ ~ti ~~n s cbi 4cG Z 0 ~t~4 a'~ O ' Name and Location Description of Work of Subcontractor to be Subcontracted v~~ Name: Address: 42oL;O r Ujc~vx.-1~2 D.,M ' Ct Eton url Qki:blz~ ' Name and Location of Subcontractor ' Name: Address: ' Name and Location of Subcontractor ' Name: Address: ' Name and Location of Subcontractor ' Name: Address: t Description of Work to be Subcontracted Description of Work to be Subcontracted CBF-8 Description of Work to be Subcontracted BIDDER: L" 91M SA "%I(, ~1 I ~C t 3r 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 Name and Address of Owner Name and telephone number of person familiar with project Contract amount 2_ Type of Work Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract 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 ' BIDDER: r SECTION 3 ' NON-COLLUSION AFFIDAVIT 1 1 CBF - 10 ' BIDDER: (L- 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 parry 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. J Subscribed and sworn before me This day of 1 Notary Public in and for the State of California My Commission Expires: j,"", c,-,- Signature Wwr-er1ce A 1\a Typed or Printed Name \l i (,e ?f e"b,k d Title mw~, Bidder ,o y=ea, Asoe ~TM attached 1 CBF- 11 State of California County of Orange ~h Subscribed and sworn to (or affirmed) before me on this day of March , 20 09 , by ~,Qw,~QYUe A-\\ (,\,\A , proved to me on the basis of satisfactory evidence to be the personas) who appeared before me. _ ANN-MARIE ALLAN CoMM. # 1155215 N NOTARY PURIC•CALIFORNIA N ORANGE COUNTY Mr CONN. UP. JULY 3. 2011 (Seal) Signature _OLumaA, aa, tk