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HomeMy WebLinkAboutROY ALLAN SLURRY SEAL, INC. (2) OF Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council,City of Santa Ana Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 1988 II l III�I III lI II II IIII I II I III I �IIII I II��� NO FEE Santa Ana,CA 92702 * $ R 0 0 0 7 3 1 2 3 0 3 $ 2015000095038 2:20 pm 02123/15 62 417 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused A construction of ARTERIAL STREET SLURRY SEAL 2012-13 under contract entered into on q o AUGUST 5,_ 2014, with ROY ALLAN SLURRY SEAL INC., on which contract w CONTRACTORS BONDING AND INSURANCE COMPANY is surety. The property on Wo which such work improvement was placed is in the City of Santa Ana, County of Orange, State o z of California, and described as Project No. 13-6788 located at: VARIOUS LOCATIONS. The Awork improvement on said property was accepted as completed on FEBRUARY 6, 2015. oW = CITY A AN ,A M CIPAL CORD©RATION wG by �` z 4 Dated: City Engineer—Edwin"William"Galvez TITLE Q ------------------------------------------------------------------------------------------- A. VERIFICATION I, the undersigned, say: I am the - City Engineer - Edwin"William" Galvez of the City of Santa Ana, California, I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on �4""�' , at Santa Ana, California (Signature of indi dual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 5, 2014 TITLE: APPROVED CONTRACT AWARD FOR ARTERIAL ❑ As Recommended STREETS RESURFACING USING TIRE ❑ As Amended RUBBER MODIFIED SLURRY SEAL El Ordinance on Reading El 2 n Ordinance on tl Reading (PROJECT 136788) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGE RECOMMENDED ACTION Award a contract to Roy Allan Slurry Seal, Inc., the lowest responsible bidder, in accordance with the Base Bid and Alternative A, in the amount of $890,800, for the construction of the arterial streets resurfacing using tire rubber modified slurry. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,145,951. DISCUSSION The City has made a significant investment in rehabilitating arterial streets over the last ten years and, therefore, maintaining and protecting that investment is a top priority. The City's Pavement Management Program effectively strategizes short and long -term maintenance schedules to maximize performance of the entire street pavement network, including identifying preventative maintenance improvement projects. The application of a surface slurry seal to asphalt streets every seven to ten years ensures a continued high level of service. Historically, a conventional slurry seal has been used. In contrast, rubberized slurry seals offer superior performance over conventional slurry by providing a more flexible surface that resists cracking, while also benefiting the environment by repurposing recycled tires. There are several rubberized slurry products available, including tire rubber modified slurry seal (TRMSS) and rubberized emulsion aggregate slurry (REAS). Both of these products are industry proven applications for street maintenance. Additionally, both provide similar wear and aesthetic characteristics. Based on the City's Pavement Management Program, staff has identified a project area in which the TRMSS product will be used to rehabilitate arterial streets (Exhibit 1). Contract Award for Arterial Streets Resurfacing Using Tire Rubber Modified Slurry August 5, 2014 Page 2 To determine future preference, the performance of this product will be compared with another project area using the REAS product. Bid procedures have been followed as established by the City's Municipal Code and in adherence to the Public Contracts Code. The Notice Inviting Bids was advertised on April 25 & 28, 2014, and bids were opened on May 15, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 9 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS LOCATION BID 1 Roy Allan Slurry Seal, Inc. Santa Fe Springs $890,800 2 R.J. Noble Company Orange $989,839 3 All American Asphalt Corona $1,191,191 A total of three bids were received and deemed responsive, with Roy Allan Slurry Seal, Inc., submitting the lowest responsive bid for TRMSS application (Alternative A). The bid amount of $890,800 compares favorably to the Engineer's Estimate of $1,100,000. Based on the bids received, staff recommends award of this TRMSS contract to Roy Allan Slurry Seal, Inc. 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 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -48 was filed for this project. Contract Award for Arterial Streets Resurfacing Using Tire Rubber Modified Slurry August 5, 2014 Page 3 FISCAL IMPACT The estimated total delivery cost of this project is $1,145,951, which includes construction, contract administration, inspection, testing, survey, and contingencies (Exhibit 2). Funding is available in the Measure M2 Fairshare Fund account (No. 03217662). Edwin "William" Galv , P.E. Interim Executive Dir ctor Public Works Agency EWG /ET APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Arterial Streets Resurfacing using TRMSS Location Map 2. Cost Analysis zi� N oflt ORgNC� Exhibit 1 NTS) 2Z SANTA ANA Tme. CONTRACT AWARD FOR P W A c�. ARTERIAL STREETS RESURFACING USING �i AllQUBT 5 TIRE RUBBER MODIRED SLURRY SEAL FMIC KMS AUK, (PROJECT NO.- 136788) Contract Award for Arterial Streets Resurfacing Using Tire Rubber Modified Slurry August 5, 2014 Exhibit 2 COST ANALYSIS PROJECT 13 -6788 ARTERIAL STREET SLURRY SEAL Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $60,129.00 $73,491.00 $121,531.00 $1,145,951.00 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California, ) County of ORANE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Arterial Street Slurry Seal FY 12118 I am a citizen of the United States and a resident of the State of California; I am over the age of elghteen years, and not a party to or Interested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the'clty of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as chained by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/1911905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 04/25/2014, 04/28/2014 Executed on: 04/28/2014 At SANTAANA, California I certify (or declare) under penalty of perjury that the foregoing is true and correct, Slgnatur -"" This space mr Hang cramp only CNS #: 2615125 II I I II 111 II II II II I I I II 1111 I II I 1 III * A 0 0 0 0 0 3 4 0 4 8 0 8 MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezoua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento May 6, 2014 ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY P;O. Box 1988 M -36 Santa Ana, California 92702 wv✓W.santa- ana.om CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 The following change has been made to the Specifications for the subject project: Specifications 1. Page BP 3 of 14: Replace with the attached page BP 3 of 14. All other terms and conditions remain the same. FOR THEEOF SANTA ANA Taig Higgins, P.E. Acting City Engineer SANTA ANA CITY COUNCIL MiguelA Pulido SaITnajero Vincent F. Se"Itento I Micnale Martinez i Angeiirz Amezcua P, Davidaen.Mdee Roman Rayna Mayor Mayor Pro Tem, Ward 5 Ward i Ward Wow i Word Word MPo1idcySwtaana.cro STlnaieroAsantaana.org VSarmiento(Ssanta- ana. are MMartinez cni Santa a_na oro I AAmezmatblsano -ana om Damavltles(rilsaNaana oro I RReyna(msantaana. ore MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezoua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento May 14, 2014 ADDENDUM No. TWO PUBLIC WORKS AGENCY P.O. Box 1988 M -38 Santa Ana, California 92792 www.santa- ana.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 The following change has been made to the Specifications for the subject project: Specifications 1. Pages BP 1 of 14 and BP 2 of 14: Replace with the attached pages BP 1 of 14 and BP 2 of 14. All other terms and conditions remain the same. FOR THE CI OF SANTA ANA Taig Higgins, P.E. Acting City Engineer SANTA ANA CITY COUNCIL MignelA PUGdo I Sal Tinalem Vlrmemr Sanded Mkhela Martinez Angelica Arnmmue P. David Benavides Roman Rayne Mayor Mayor Pro rem, WaM6 Ward1 War62 1 ward Ward Ward MPUl tlofoysanla -arts orn ST'nae— mQAantaanaora I VSamem0(alsa0la- anaaro MMerl naefla Santa -ana oro PPmozcua(rJSanfa -ana oy DBena Adesfalsanfa ana.ora RReyna(OSanla -ana ors MAY 14 2014 CITY OF SANTA ANA ADDENDUM NO. TWO PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans, specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount I. Mobilization LS 1 $ �� =tGt $�fl� 2. Traffic Control LS 1 $ 7Gp •(.�4�$ ,'�� js ti11 3. Unclassified Excavation* CY 1,300 `(0 $ye+ $ G(�• Os 4. AC Pavement* TN 2,600 $ 470 5. Crack Sealing* GAL 400 $ "'1S 7osa). C."10 6. Install White Lane Line per COSA LF 56,100 $ 1,7 $ jq i o6i STD. Plan No. 112513-1, Detail "1" 7. Install White Turn Lane Line per LF 8,100 $ (i $�.' 3 "I'00 COSA STD. Plan No. 112513-1, Detail "2" 8. Install Lane Drop Line per COSA LF 500 $ `Z %2 $ 1,1001 1 STD. Plan No. 112513-1, Detail "3" 9. Install Double Yellow Line per COSA LF 10,000 $ $r)'4a�RQ� STD. Plan No. 112513-1, Detail "T' 10. Install Two -Way Left Turn Lane per LF 7,900 $ "'6.$ COSA STD. Plan No. 112513-1, Detail "5 11. Install Lane Line Extension (Stripe) LF 200 $ Z .7'o $ go,au per COSA STD. Plan No. 112513-2, Detail "8" 12. Install 4" Wide Line LF 400 $ k0 $ 4 41� TO BE INCLUDED IN BID PACKAGE BP 1 of 14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -1.3 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 13. Install 6" Wide Line LF 400 $ ipV— $ at 14. Install 1.2" Wide Line LF 11,000 s137— $ " . ti �,,vo 15. Install 24" Wide Line LF 1,500 $2 _ $—q-41 �ctrj 16. Remove Striping LF 96,100 $ A N $-qZ $-q z, uo 17. Install Legend, Arrow LF 220 $ , $ YTx 00 18. Remove Legend, Arrow LF 220 $ ®f,) $P( 19. Furnish and Install Traffic Loop EA 46 $ Z r?S,Ck 20. Temporary Construction Sign EA 10 $ g), f°j $ 21. Protection of Surface Utility Frames LS I $2,1 - >6'4 and Covers TOTALBASE BID------------------------------------------------ ------ ---- ---- ------- ---- - - - -- ` s 5 ALTERNATE A 22A. Tire Rubber Modified Slurry Seal ELT 1,300 $ I S' 1 $2._ W1'00 (TRMSS) Type 2* 'TOTAL ALTERNATE A BID--------------------------------------- --- ---- ------------- - - - - -- $ 861 '1, irb10 ALTERNATE B 22B. Rubberized Emulsion Aggregate TN Slurry (REAS) Seal Type 2* TOTAL ALTERNATE B BP2of14 1,200 $ $ R TO BE INCLUDED IN BID PACKAGE MAY 6, 2014 CITY OF SANTA ANA ADDENDUM NO. ONE PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued TOTAL BASE + ALTERNATE A BID----------------------- ------------------------- - - - - -- $�ox TOTAL BASE + ALTERNATE B BID------------------------------------------------ - - - - -- $ The City has determined that either Tire Rubber Modified Slurry Seal (TRMSS) or Rubber Emulsion Aggregate Slurry (REAS) Seal are satisfactory slurry seal methods. Therefore, the lowest responsible bidder will be selected based on the lowest of either method of slurry seal. Bidders may bid on either method or both methods. * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. PROJECT NO. 13 -6788: BIDDER ARTERIAL STREET SLURRY SEAL 2012 -13 Firm '� � . � ".i��`Ut✓ ~ I 2:2— CS C�i,ch Address hA d IVY,, I Phone Fax Email BIDDER Signature ,,,hs� &A TO BE INCLUDED IN BID PACKAGE BP3of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT 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: Streets, highways including bridge projects; '/2% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: 1/2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION PHONE (-7 14) '12Ly - 10 2,G TYPE OF WORK Tkp+(Iy'c $ C' ��''tt ii i- vyt,ye y NAME LOCATION 'Zc (4o,�y Ste) PHONE Qr iD ;7r+ TYPE OF WORK # v ' $ NAME NAME LOCATION PHONE TYPE OF WORK _ $ NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE Q PHONE TYPE OF W RK AC $ GV,IJ(, U TYPE OF WORK NAME NAME LOCATION PHONE TYPE OF WORK NAME _ LOCATION PHONE LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ TYPE OF WORK � r 1 �bv� ;1 U N n�f Firm Submitting Bid�- r 7 A kA V�,. C� Sigyarurc ofBIDDER TO BE INCLUDED IN BID PACKAGE BP4of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 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) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), 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, that 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. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and areT`) made specifically as part of this bid. Name of Firm 6 �r e di CNA \1';,:trw Qk I, v"V"r . \ Ovr Signature of IA BIDDER C"�" (`� 1.1��.�. A .ra Title i ce ?\/ve -.' i r ; i— (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 5 of 1.4 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (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.) Awarded t rau Q A02 nom/ /1��� on the basis of low responsible and respo ive ACTION OF COUNCIL: bidder in the amount of $ 890 ZOO Date 20 ATTEST: —� CLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPT D TO YlITY OF SANTA ANA: CIF ATTOR EXECUTIVE DIRE ' OR PUBLIC WORKS AGENCY TO BE INCLUDED IN BID PACKAGE BP6of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 rules, 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 invoked 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. TO BE INCLUDED IN BID PACKAGE BP7of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 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 Chapter. Signed 4'rkAA J,�1^A- Title Firm ge A i AN Date J — TO BE INCLUDED IN BID PACKAGE BP8of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed Title 0 1 a.- A�z� § Firm Date 11- — 17 TO BE INCLUDED IN BID PACKAGE BP9of14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT 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 years. 1. (" �4 6, JCV-AA1 2. 3. I Name and Address of Owner. �ame and Telephone Number of person familiar with project. muL*103 U A.d'✓L �'L7.'Gt Contrlact Amount Ty�of Work Name owner. bcai`�� Date Completed a 44' %'Z a ESA. G`T 1'. Name and Telephone Number of person familiar with project. Contr ct Amount Type bf Work Date Completed of person familiar witliprojeet. 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. �- lea v TO BE INCLUDED IN BID PACKAGE BP 10 of 14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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: 1. 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 Firm Date � TO BE INCLUDED IN BID PACKAGE BP 11 of 14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are caultioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 0(ckl)C Subscribed and sworn to Lcqafe,oce. A j A o , appeared before me. Notary Public Signature (or affirmed) before me on this 1 :�) day of NV1G 20 j% by proved to me on the basis of satisfactory evidence to be the person(s) who a „•., ANN MARIE ALLAN 0- Cow. # 1939903 (�a NOTARY PUBLIC - CALIFORNIAN ORANGE COUNTY 0 COMM. EXPIRES JULY 3, 2015 Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 12 of 14 CITY OF SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -13 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 Title Firm Date '3 It _( -- 1-- BP 13 of 14 TO BE INCLUDED IN 'BID PACKAGE CITY Or SANTA ANA PROJECT NO. 13 -6788: ARTERIAL STREET SLURRY SEAL 2012 -1.3 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Business Address: Telephone: �W 9 G2 6 3 State Contractor's License No. and }� 2- `B Class: C t Expiration °7 Date: �� o-- ] `, Signed: '�j ,�A� 0� \.__ ------ 0I&e Pre, ,f TO BE INCLUDED IN BID PACIZAGE BP14of14 AIA DOCUMENT A310w - 2090 BID BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name, legal status and principal place ofbusiness): (Name, legal status and address): Roy Allan Slurry Seal, Inc. 11922 Bloomfield Ave., Santa Fe Springs, CA 90670 OWNER (Name, legal status and address): City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 BOND AMOUNT: Ten percent (10 %) of the total amount of the bid PROJECT: (Name, location or address, and Project number, if any) Arterial Street Slurry Seal 2012 -13; Project No. 13 -6788 Philadelphia Indemnity Insurance Company 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified In the bidding or Contract Documents, with a surety admitted In the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount.for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Pdnted in cooperation with the American Institute of Architects (AIA) The language in this document conforms to the language used in AIA Document A310 -- 2010. When this Bond has been furnished to comply with a statutory or other legal requirement In the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7th day of May, 2014. Roy Allan Slurry Seal, Inc. (Prop copal) (Corporate Seal) (Witness) 4„/1�V11a�+�„ ✓�� _�""�` - —.^�- — (Title) Philadelphia Indemnity Insurance Company �(Surety) I(1 (Corporate Seal) (Attomey -in -Fact) Linda D. Costs Printed in cooperation with the American Institute of Architects (AIA) The language In this document conforms to the language used in AIA DocumentA310 m- 2010. ACKNOWLEDGMENT State of California County of Ca7;'Y'CY'Cy_C ) On t��k(j� �!,12G1� . before me, Ann -Marie Allan Nota[y Public (insert name and title of the officer) personally appeared - Lawrence Allan who proved to me on the basis of satisfactory evidence to be the personal whose name(s) is/afe subscribed to the within instrument and acknowledged to me that heA4eAhey executed the same in histhedth& authorized capacity(ies), and that by hisfheNtheif signatures) on the instrument the personal, 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 4" - ANN MARIE 7 COMM. # 1939903 °® NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY Q f / o COMM. EMPIRES JULY 3 2015 Signature u�� `�.u, 1 A� t11 (Seal) a e e e e ee e eee e e e eee ee e ee e ee e ee e eee e ®e e ee eee eee e eee e e� CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Ora On CY1 e1 , T r V� before me, Summer L. Reyes, Notary Public (insert name and title of the officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the person f O whose name{sj is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(iesj, and that by his /her /their signature(s) 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. SUMMER L. REYES Commission # 1986627 r Notary Public - California z Orange County a Signature �^° �' ., My Comm. Expires Jul 29, 2016 r 1447 Pt....ADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd, Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc. Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I a day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Atmmey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7Tn DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 71h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. LY 7 NOTARIARIL, . Iu EtA6POMTli1 laryPHUoA�cy ( 1019 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd. PA March 22 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do farther certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof have subscribed my name and affixed the facsimile seal of each Company this I day of .20 19 .0 wTy + ", Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary z ;� r`regt+ PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 : m