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American Asphalt South Inc.-Jun 10 10 01:59p 6265692303 P.1 MAYCR: MARGARET CLARK MAYOR PRO TEM: GARY TAYLOR COUNCIL MEMBERS: SANDRA ARMENIA ROLLY LOW STEVEN LY June 10, 2010. 1 oscimi2d 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-21 DD 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 Numbering) EA 800 pp TOTAL ALTERNATE BID PRICE #1: app. 01) Dollar amount in written form TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEMS:$ dI GVQ leo amount in Page 1 of 2 'Jun 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: y Title: ecr f Y Page 2 of 2 -Tun 09 10 02:40p MAYOR: MARGARET CLARK MAYOR PRO TEM: GARYIAYLOR COUNCIL MEMBERS: SANDRA ARMENIA POLLY LOW STEVEN LY June 9, 2010 6265692303 p.1 l it( .9' oscff ~cad 8838 F. VALLEY BOULEVARD • P.O. BOX 399 ROSENIEAD, CALIFORNIA 91770 TELFPIIONE (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 specificalions 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 Modcl 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; f` afael Fajardo/ Associate Civil Engineer Acknowledgement: Bidder: Date:~G /Y~ Title: ~Cec Page 1 of 1 I 1 1 1 i 1 1 1 1 I BIDDER: f~/Y{°/7CgY1tl~1~~ .C`h~~C SECTION 1 - BID SCHEDULE CBF-1 1 It I BIDDER: /~}lYI2r~C4t9d/~~, ~Thf BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE I 1 1 I I UNIT OF EST. UNIT ITEM NO. REM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and ifi ti LS 1 0 z /70~~ /S DDD.~D ca ons. spec • 2 Disposal of Waste Materials LS 1 aD 7 UDD aL 3 Crack Sealing LS 1 0?3 s~ r~ ~3 SOD•~'v 4 Slurry Seal Type 11- See exhibit "A" t l & "B" t ti & ELT 820 /7l'• $3 /4 4116 .40 per s ree ons areas. oca 5 Traffic Striping and Pavement Markers - See exhibit "C" per y SOD. y 7 !r~ o D details. LS 1 c TOTAL BASE BID PRICE (SCHEDULE BID PRICE) a ?v ro%/9e S/ $ ~Q3(r 4tfU.GD r amount in written ~s Si,YZ Ce'/s. ' 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 reto is a certified check, a cashiers check or a bid bond in the amount of 10SW Ad 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, 1 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. I CBF-2 I. BIDDER: /,-ril4✓I 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 I CBF - 3 1 1 By. r Si ture 1 LUie S40e l Typ or Print Name Seemlaaw Title Date 1 1 1 BIDDER: 4enmo /g3l5a*4/ .io .theme Business Street Address City, State and Zip Code Telephone Number Cal~~'rn~a (,Or-~OOru~o✓~ Bidder's/Contractor's State of Incorporation: r„q~~prp/ G Partners or Joint Venturers: Bidder's License Number(s): 1 NOTES: 1 i 1 u 1 1 1 1 1 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 1 BIDDER: Imerz?z7o I 1 i I 1 I 1 1 1 1 1 1 1 SECTION 2 BID DATA FORMS CBF-5 11' BIDDER: 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 shall ensure that every page of its Bid Data Fortes are property identified with the Bidder's name and page number. 2.A AID BOND KNOW ALL, MEN BY THESE PRESENTS: THAT Principal, South, Inc. as -a -"t ~ba uian ien 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 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 forth 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 bythe 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 incur-red by the OWNER in such suit, including reasonable attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 1o day of June 20 10 Americo Asphalt South, Inc. The Guarantee Company (SEAL) of North America USA (SEAL) Principal Surety By: ✓ By. Est nature fRT~y Signat Elizabeth Teats; Attorney-in-Fact CBF-6 ,as 9 urety, are held firmly bound unto the CfTY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid------ 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, Elizabeth Teats, Susan Lee, Barbara Beetz_v, Nanev Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-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 31" 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 Altomey(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 2. To revoke, at any time, any such Attorney-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 Attorney-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 the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly 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 of February. 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA G °e STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 2"° day of February, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. 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 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby.certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this9th day of June 2010 ~~erreco~ Randall Musselman, Secretary 9nr..rta`c• CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On June 10, 2010 before me, Tami Pieper-Jones, Notary Public (Here 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(-F~ whose name(sj is/ffe subscribed to the within instrument and acknowledged to me that-ke/she/they executed the same in his/her/their authorized capacity(tes}, and that by 4i4her/their signature(s}on the instrument the person(s4, 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 WA I PIEPER-)ONMM# 1870615 (Notary Sent) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond ('Title or description of attached document) American Asphalt South, Inc. (Title or description of attached document continued) Number of Pages I DocumentDate06/10/2010 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) - El Corporate Officer (Title) El Partner(s) ® Attorney-in-Fact El Trustee(s) El Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require fire nolap to do something that is illegal for o notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidlyfor proper notarial wording and attach this form 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. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • "rhe 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 notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. rte/she/then, is rare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment loam. • Signature of the notary public must match the signature on file with the office of the county clerk. " Additional information 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. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document RY PUBLIC{ALIFORNIA NTY OF UE . ExOires Nov. 7, 2013 2008 Version CAPA v12.10.07 2.6 i LIST OF PROPOSED SUBCONTRACTORS ~~~l4/~/>~4~ ~LLf~~~~11 BIDDER: 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 Contractors 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. 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 Contractors 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 1 I I CBF-7 1 r r 1 i r r 1 r r 1 1 1 r 1 1 r r BIDDER: "//!/Rive Z&F'1 -fow 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ("Duplicate Ne# 2 Pages if needed for listing additional subcontractors.- I Name and Location Description of Work of Subcontractor to be Subcontracted ' Tre,~~ Sf«~.-y r Name: GJ,~iS,p mod. ~q yr . s Address: ~iASO S. e~el4e iqve dGwI.,'771do Ca 9> 3ic Name and Location Description of Work of Subcontractor to be Subcontracted ` e,-4ah3e.r Name: Address: Rol) i' G✓k/n~~ i -/jr. cfl g~s3i Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address CBF-8 BIDDER: A!rlp~ii~~ 1 2.C REFERENCES ' The following are the names, addresses and telephone numbers for three p ublic agencies for which BIDDER has performed similar work within the past two (2) years: See 6 d , 15 - Name and Address of Owner ' Name and tele hone number of erson familiar with roject p p p ' Contract amount Type of Work Date Completed 2. ' 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 q Name and Address of Owner ' Name and telephone number of person familiar with project ' T f W D l d ype o Contract amount ork ate Comp ete 1 CBF-9 BIDDER: A~c~►7CA✓J ~~~~~yli 1 i i I I [1 I SECTION 3 NON-COLLUSION AFFIDAVIT I I I I I I I I I CBF - 10 I I 1 1 1 1 1 1 1 I BIDDER: //eC?O~f 41 -e- 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. Sim ure -7 -1 `vl S4oe Typ d or Printed Name Title Bidder Subscribed and sworn before me This/I E44 day of ~%vne 20LQ_ No ary Public in and for the State of California My Commission Expires: J3 • e/ (Seal) cA *RICHARD EN- 1 RI-I(~N L n COMM. 01854481 v NOTARY PUBLIC. CK60RNIA y o BAN BenwVmBIO COUNTY -My 0- I.~i01 JU . 19, 9018 N CBF-11 1