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Home My WebLink About23A - FLOWER ST IMPROVEMENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR SLURRY SEAL IMPROVEMENTS ON FLOWER STREET FROM SUNFLOWER AVENUE TO MACARTHUR BOULEVARD, AND ON MACARTHUR BOULEVARD FROM RAITT STREET TO BRISTOL STREET (PROJECT NOS. 18-6916 & 18-6917) {STRATEGIC PLAN NOS. 6, 1B, 1C & 1G} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $569,366, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Slurry Seal Improvements on Flower Street from Sunflower Avenue to MacArthur Boulevard, and on MacArthur Boulevard from Raitt Street to Bristol Street, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $829,082 which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $174,311. DISCUSSION The City's Pavement Management Program has identified the arterial street segments of Flower Street from Sunflower Avenue to MacArthur Boulevard, and MacArthur Boulevard from Raitt Street to Bristol Street, as high priority for slurry seal improvements (Exhibit 1). The recommended work consists of preparing the roadway by performing minor preparatory pavement repairs, localized replacement of asphalt concrete pavement, followed by crack sealing treatment, and then slurry seal resurfacing, striping, and signage. The. improvements also include replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disability Act standards. 23A-1 Award Contract to All American Asphalt for Slurry Seal Improvements Flower Street and MacArthur Boulevard May 15, 2018 Page 2 A Notice Inviting Bids was advertised on March 23 and 28, 2018, and bids were opened on April 16, 2018. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 3 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $569,366 2 Hardy & Harper Santa Ana $613,000 3 RJ Noble Orange $654,395 4 j Excel Paving Co Long Beach $654,994 A total of four bids were received and all bids were deemed responsive. All American Asphalt submitted the lowest responsive bid in the amount of $569,366 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt in the amount of $569,366 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2018-41 and ER -2018-42 were filed for the project 18-6916 and 18-6917. 23A-2 Award Contract to All American Asphalt for Slurry Seal Improvements Flower Street and MacArthur Boulevard May 15, 2018 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $829,082, which includes construction contract, administration, inspection, testing, surveying, and an authorized contingency of $174,311. Funding is available in the Select Street Construction Road Maintenance and Rehabilitation Account fund (Account No. 05917665-66220) for projects 18-6916 and 18-6917 in the amounts of $218,082 and $611,000, respectively, for expenditures in Fiscal Year 2017-18. Acting Executive Director Public Works Agency EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez(o� q� Executive Director Finance & Management Services Agency 23A-3 23A-4 Map Legend 1111111111 Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. 1111111111 MacArthur Boulevard Slurry from Raitt St. to Bristol St. � SANTA ANA City Council Project Nos. 18-6916-&18-6917: PWA Agenda Date: Flower Street and MacArthur Boulevard PUBOCWUIIKSAGENCY May 15, 2018 Slurry Projects 23A-6 Exhibit 2 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: 18.6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAM ST. TO BRISTOL ST. BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 230 CY $120 -0 0 $ 2700-00 2 Cold Mill (2") 63,200 SF $ ,201 $)9'32-U6 3 AC Pavement (Asphalt Concrete) 340 TN $ V. U0 $ 2°1590.0 0 4 Asphalt Rubber Hot Mix (ARHM) 1,420 TN $ 09.00 $ 141(090.00 5 Rubberized Emulsion Aggregate Slurry (REAS)Type11��31p00 270 TN $ 000-00 $ 00 6 Crack Sealing (Flower St.) 1 LS $ $200.00 $ &,00.00 7 Crack Scaling (MacArthur 131vd.) 1 LS $5106.00 $ S100.00 8 PCC Sidewalk 470 SF $ 1sso $ U;45;UO 9 PCC Curb 8a Gutter (Type A-2-8) 75 LF $ 1Z1, or) $ 01 Dj 5, 00 10 PCC Curb Ramps 1,200 SF 811,0U $2'L$00' -OU 11 PCC Driveway (T=8") 400 SF 119,00 $ -1 uoo , 00 12 TtuncatedDome 3 EA $50106.00 $11106.00 P-1 of P-17 23A-7 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: 18-6916 FLOWER ST, SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD, PROJECT NO,: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. ItemPFInishGrade ption Qty Unit YTnitPrice Amount 13ave 1 EA $ 1100.00 $ 1100,06 14Metal Pull Box Frame and Cover to 2 EA $ (050 • UU $ 13Uw DU 15Manhole Frame &Cwar to -Finish Grade 10 EA $ arj�,UO $�51U•UU 16 FnmishandInstallWaterValveFmmeand Cover to Finish Grade B BA $QQO.UU $ (p�UO•UU 17 Furnish and Install New #6 Pull Box 4 EA $ ( qo • U 0 $ Z� IRU _I00 18 Protection of Surface Utility Frames & Covers (FlowerSt,) 1 IS $Uj50•UU $g50.UU 19 of Surface Utility Frames &Covers Prote(MacArthur (MaoArthur Blvvd.) 1 LS $ q 0.00 $ q 50 0U 0 20 Temporary ConsnuctionSign 3 EA $ IlUU.00 $ �30U • 00 21 Project advertisement sign 4 EA $ �05U.00 T-42:0-0. UO 22 Fumish and Install Traffic Loops Type D fi 28 EA 23 Fumish and Install TrafScLoops Typo Et 67 EA $ZUA•Dt7 $13y3ia,00 24 Signing and Striping (Flowerst,) 1 LS $ g2oo.UU $GJ 2,0,,0, 25 Signing and Striping(MacArthurBlvd,) 1 LS $1j0oo.Od $ 11U00.00 26 Labor Agreement Oversight 1 LS $ 15,000 $ 15,000 P-2 of P-17 23A-8 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: I8-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. TOTAL BASE BID $ 5(o9, '%p (p. 0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within forty-five (45) working days after the commencement date stated in the Notice to Proceed. All work must be completed by August 31, 2018 The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Nae of Firm AII American Asphalt Signature of BIDDER Title Edward J. Carlson Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasiicer,and Manager; thereof.) All American Asphalt -Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIl Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-4 of P-17 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E -Mail Address: publicworks(u)allamericanasphalt.com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 A. C-12 License Expiration Date: 1-31-2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6-30-2018 LAIJ Signed: F "44-71,41 . Title: Edward J. Carlson, Vice President P-5 of P-17 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward, (if an individual, so All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-6 of P-17 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) �du,o�fd) Gal Ibon being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she Is a member of the co -partnership firm designated as: and %%lip has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members ofthe co -partnership. CORPORATION That Ire is of. —_ All American Asphalt the Vice President a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature ofrBidder fdward J. Carlson, Vice President Subscribed and sworn to before me this day of 20 *Please see attached California Jurat* Signature of officer Administering Oath (Notary Public) P-7 of P-17 23A-13 CALIFORNIA JURAT GOV CODE1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside COURTNEY CHAPAS . ..... Notary Public - California ¢ :-,g , Riverside County z Commission ✓f 2172984 M Comm. Ex iras Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 13th day of April . 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature -b CNV Place Notary Seal Abov Signatueof NotalPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 4-13-2018 Number of Pages: 1 Signer(s) Other Than Named Above: None 23A-14 CITY OF SANTA ANA Bond 09597423 Bid Dalte:o:04/1612019 PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. fflffl:• / KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid--- Dollars ($10% of Bid ), which is ten percent (109/6) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 4th day of April —12018. BIDDER* 197tI:P.I:fL M1TISfPA11VIC112IL UIr] SURETY* Fidelity and Deposit Companv of Maryland - 777 S. Figueroa Street. Suite 3900. Los Anoeles. CA 90017 David Wei (213) 270-0600 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me "Please See Attached•• this day of ,20—. Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-17 23A-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On April 13, 2018 before me, Courtney Chavas, Notary Public Data Here Insed name and Idle of i;.—Officer personally appeared Edward J. Carlson Names) of Signers) --�� COURTNEY CHAPAS rVNotary Public - California z4 Riverside County Zz Commission # 2172884 My Comm. Expires Nov 20, 2020 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 hel&heAhey executed the same in his1hef4heir authorized capacity(ies), and that by his/he4their signature(a) on the instrument the person(&), 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 forgoing paragraph is true and correct. WITNESS my hand and officipl seal Signature Place Notary Seal Above Signa Dof Notan ublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: Anri14, 2018 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(&) Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President o Partner n o Limited o General o Attorney in Fact o Trustee Top of avanb beta ❑ Other: if CorporateOffLce o Partner 17 ❑ Lim o Attorney in Fact ❑ Trustee o Other: 23A-16 Title(s): _ o General Top of Numb bare CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § IMS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 04/04/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rcbccca Haas -Bates NameKof SlgnerN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is/bm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity I�, and that by his(her/the& signaturej4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ A. MACFIA NE Notary Public—California z jOrange County Y Commission x 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Number of Pages: One 1 Signer(s) Document Date: 04/04/2018 Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual RAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: MAIM01mir • •a `•` • •, L• ia1 i•r •r 23A-17 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. N TESTIMONY WHE OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this i day of ik�Jt/'1 r .20 L. a��' • Ulm a e v y t}a� I a Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name OW 0 License #/Exp. 3 DIR Reg. #/Exp. 16000 USS 41 Location 616AQ P Phone —4;S Type Of Work 31 Amount $ 2-Y. iS , 0 0 Name 5(hli'loY1 �Pv1Y�c. License #/Exp. _kj 1 � S I $ DIR Reg License Location Phone Type Of Amount Name MD -CRA-CRA�� =Z*610, fj'11 License #/Exp. 610 U l0 ` u DIR Reg. #/Exp. / dduo o r0µ3 9 License # 8 (p (0 Rul Location ! rVyif- Arid Phone 31 Type Of Work a7A - ID(1.1 Amount$ 1314W.od Signature of Bidder Edward J. Carlson, Vice President Name License #/Exp. DIR Reg.#/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David (909) 477-2740 Name and Telephone Number of person familiar with project, $1,130,470.00 Pavement Reabilitation 07/2017 Contract Amount Type of Work Date Completed 2. City of Temecula 41000 Main Street Temecula, CA 92590 Name and Address of owner. William Becerra (951) 694-6444 Name and Telephone Number of person familiar with project. $2,577,770.00 Pavement Rehabilitation 11/2017 Contract Amount Type of Work Date Completed 3. Town of Apple Valley -14955 Dale Evans Parkway Apple Valley, CA 92307 Name and Address of owner. Rich Berger(760)240-7000 Name and Telephone Nur $849,182.00 Contract Amount Road Rehabilitation Type of Work 11/2017 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S, Fiqueroa Street #3900 Los Anoeles. CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine, CA 92620 (949) 857- 4500 Edgewood Partners Insurance Center (insurance) 3633 Inland Empire Blvd. Suite 640 Ontario, CA 91764 P-10 of P-17 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1, City of Victorville 14343 Civic Dr. Victorville, CA 92392 Name and Address of Owner. Carlos Seanez (760) 955-5162 Name and Telephone Numb $251,008.00 Paving Prolect 06/2017 Contract Amount Type of Work Date Completed 2. City of Santee 10601 Magnolia Avenue Building 4 Santee, CA 92071 Name and Address of owner. Toby M. Espinola (619) 25814100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal 10/2017 Contract Amount Type of Work Date Completed 3. City of Yucaipa- 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. John Larose (909) 797-2489 Name and Telephone Number of person familiar with project. $252,379.06 Micro -Surfacing 08/2017 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Figueroa Street #3900 Los Angeles, CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine, CA 92620 (949) 857- 4500 Edgewood Partners Insurance Center (Insurance) 3633 Inland Empire Blvd. Suite 640 Ontario, CA 91764 P-11 of P-17 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares 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. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Edward -J. Carlson, State of California County Of Riverside President Subscribed and sworn to (or affirmed) before rile on this _ day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me "Please See Attached" Notary Public Signature Notary Public Seal P-12 of P-17 23A-22 CALIFORNIA GOV CODE8202 g T._-cY•$3 r �-'t_ -k - -3Faa 6'm`�3`' 9S��r'��'a. elG A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 13th day of April 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature W �U (tenA _ np 1�pq.t'Jn� Place Notary Seal Above SignatdrA of Not4 Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: 4-13.2018 Number of Pages: 1 Signer(s) Other Than Named Above: 23A-23 COURTNEY CHAPAS California Notary Public - z a Riverside County zCommission 4 2172984 M Comm. Expires Nov 20.2020 Subscribed and sworn to (or affirmed) before me on this 13th day of April 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature W �U (tenA _ np 1�pq.t'Jn� Place Notary Seal Above SignatdrA of Not4 Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: 4-13.2018 Number of Pages: 1 Signer(s) Other Than Named Above: 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO 1VIACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Hiles, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoiced as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 23A-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Ch` �� Signed: �✓� Title: Edward J. Carlson, Vice President Firm: All American Asphalt �f Date: I�t d�1g P-14 of P-17 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 11113lMy P-15 of P-17 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: f Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 1111W019 P-16 of P-17 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. N/A P-17 of P-17 23A-28 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez P. David Benavides Vicente Sandento Jose Solorio Sal Tlnajero Juan Villages April 11, 2018 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 v .santa-ana.orn CITY MANAGER Raul Godlnez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar SUBJECT: PROJECT No. 18 6916: Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. PROJECT No. 18 6917: MacArthur Blvd. Slurry from Raitt St. to Bristol St. The following changes have been made to the Specifications of the subject projects. Specifications 1. BID PROPOSAL, P-1, 2, & 3 of P-17: Replace Page P-1, 2, & 3 of P-17 of the Bid Proposal with the attached. 2. APPENDIX G, Individual Project Quantities: Replace Individual Project Quantities with the attached. All other terms and conditions remain the same. FOR THE CITY OF TA ANA Edwin "William" Galvez City Engineer Public Works Agency 23A-29 SANTA ANA CITY COUNCIL N6aeel A PUWO AStld¢ 6brErrez I Nvsde Samdento E Jose Sdad" I R Dadd Dere Mayor Mayor Pto rem. warm I WardI 1Yrertl9 W&d4 Wulld.O.ta ene.ora MMadineilmaantaane.am f t VaarmIyWasanla•ana.ar" JSdndudsanaiana.ao _I C)Fkq 1 AdesPolSaMaana 23A-29 23A-30 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NOS. 18-6916 & 18-6917 FLOWER STREET AND MACARTHUR BOULEVARD SLURRY PROJECTS This CONSTRUCTION CONTRACT is made and entered into this 15'b day of May, 2018 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR'). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Flower Street and MacArthur Boulevard Slurry Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Sixty -Nine Thousand Three Hundred and Sixty -Six Dollars ($569,366.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. mv.09/01/20n 23A-31 Page 1 of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hftp://www.santa-ana.orW-owa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-32 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R CARVALHO City Attorney By: Z J6 -FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: All American Asphalt EDWARD J. CARLSON Vice President 23A-33 Page 3 of 3 23A-34 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-6916 & 16-6917: Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. and MacArthur Boulevard Slurry from Raitt St. to Bristol St. projects EXHIBIT 4 23A-35 23A-36