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11) 7C Award of Public Works Contract to All American Asphalt for Street Resurfacing Project Phase 4 CIP No P-18-03
DATE: TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM July 5, 2017 The Honorable City Council Bryan Cook, City Manager Via : Michael D. Forbes , Community Development Director By: Ali Cayir, City Engineer AGENDA ITEM ?.C. SUBJECT: AWARD OF PUBLIC WORKS CONTRACT TO ALL AMERICAN ASPHALT FOR STREET RESURFACING PROJECT PHASE 4 (CIP NO. P18 -03) RECOMMENDATION: The City Council is requested to: 1. Award a Public Works Contract to All American Asphalt as the lowest responsible bidder for the Street Resurfacing Project Phase 4 (CIP No. P18-03); 2. Authorize the City Manager to execute the contract in an amount of $877,700; and 3. Authorize 10 percent of the awarded contract amount as contingency allowance to be used if necessary at the City Manager's discretion for unforesee n conditions. BACKGROUND: 1. In 2013, Harris and Associates prepared the Temple City Pavement Management Program (PMP) report. 2. In 2014, Rosemead Boulevard was resurfaced as part of the Rosemead Boulevard Safety Enhancement and Beautification Project, and several streets Citywide were resurfaced in conjunction with the Safe Routes to School Project (Phase 1 ). 3. In 2015, several streets Citywide were surfaced in conjunction w ith the Bicycle Transportation Account Project (Phase 2). 4. In 2016, numerous streets Citywide were resurfaced under the Fiscal Year (FY) 2016-17 Pavement Rehabilitation Project (Phase 3). City Council July 5, 2017 Page 2 of 3 5. On January 27, 2017, the Facilities, Public Works, and Infrastructure Ad Hoc Committee (now Standing Committee) discussed options for street resurfacing in FY 2017-18. 6. On April 18, 2017, the City Council discussed options for street resurfacing in FY 2017-18. 7. On May 2, 2017, the City Council approved the Plans, Specifications, and Estimates (Bid Package) and advertisement of Notice Inviting Bids (NIB) for the Project. The NIB was advertised in the newspaper, on the City web site, and in various trade publications. 8. On the due date of June 20, 2017, four bids were received and opened publicly. ANALYSIS: The following bids were received: • All American Asphalt: $877,700.00; • Excel Paving Company: $937,777.00; • Sully Miller Contracting: $993,753.50; and • Hardy & Harper: $1 ,076,000.00. Staff conducted a bid analysis including references, licensing, Department of Industrial Relations registration, and state and federal debarment list review for All American Asphalt. The Bid Package submitted by All American Asphalt and the bid analysis completed by staff are attached (Attachments "A" and "B"). The lowest responsible bid was submitted by All American Asphalt in the amount of $877,700. The contract to be executed with All American Asphalt is attached (Attachment "C"). The Bid Package presented to the City Council on May 2, 2017, included about 2.5 miles of streets in the Base Bid Schedule and about 0.7 additional miles of streets in the Additive Alternate Bid Schedule. Anticipating that the actual bids would be lower than the estimate, staff added the additional 0.7 miles of streets into the Base Bid Schedule when the bid was advertised. The lowest responsible bid includes all 3.2 miles of streets, as listed in the table below. List of Streets to be Resurfaced Street Name From To Alessandro Ave. Olive St. Pentland St. Ardslev Dr. Temple City Blvd. Cul-de-sac Blacklev St. Temple City Blvd. Golden West Ave. City Council July 5, 2017 Page 3 of 3 Street Name Blackley St. Broadway Encinita Ave. La Rosa Dr. Sparklett St. From Encinita Ave. Temple City Blvd. Woodruff Ave. HeleoAve. Temple City Blvd. CITY STRATEGIC GOALS: To Cul-de-sac Baldwin Ave. Longden Ave. Arden Dr. Ardsley Dr. Resurfacing streets is consistent with the City Strategic Goals of Public Health and Safety, Quality of Life, and Sustainable Infrastructure. FISCAL IMPACT: The FY 2017-18 City Budget includes an allocation of $1.75 million for street resurfacing using a combination of MeasureR, Measure M, and Proposition C funds (CIP No. P18- 03). The lowest responsible bid for all 3.2 miles of streets as listed above is $877,700. The total estimated project cost is $1,055,470 including $87,770 for contingency and $90,000 for construction management, inspection, and administration. The table below shows the funds as allocated in the City Budget, and the revised allocation based on the estimated actual project cost. 0 . . d R . d P . t C ts d F d" S ngma an ev1se ro]ec OS an un mg ources Funding Source City Budget Allocation Revised Allocation MeasureR $750,000 $750,000 Measure M $400,000 $305,470 Proposition C $600,000 - Total $1,750,000 $1,055,470 ATTACHMENTS: A. Low Bid Submitted by All American Asphalt B. Bid Analysis C. Contract to be Executed with All American Asphalt ATTACHMENT A Low Bid Submitted by All American Asphalt Datolssuod: Moy 25, 2017 I Bidder's Name: CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, SmEET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: PtB-03, Document Coolrol Pago13 of 81 C. BIDDER'S PROPOSAL PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: P18..03 City ofTemple City All American Asphalt In accordance with the City of Temple City's Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal Is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Temple City of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid Include all appurtenant 1 expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures. , If awarded the Contract, the undersigned further agrees that In the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of Temple City's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City of Temple City and this bid and the acceptance hereof may, at the City ofT em pie City's option, be considered null and void. BID SCHEDULE To the Temple City's City Council, herein called the "Council". Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work as per the paragraph, Discrepancies and Misunderstandings, contained in the INSTRUCTIONS TO BIDDERS section, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule: (Bidder shall provide a bid amount for each bid item listed below. Failure to provide a bid for each bid item shall render the bid non-responsive) BIDDER SHAll COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page: C.l OateiSStled: May25, 2017 Item 1 2 3 4 5 6 CllY OF TEMPLE CllY, CAUFORNIA BIDDING AND CONTRACT DOCUMENTS, PlANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CllY PROJECT ID: P18-03, OocullU!nt Control Page14 of 81 BID SCHEDULE PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID: P18·03 City ofTemple City Description Quantity Unit Unit Bid Total Bid Amount Amount Cold mill 2" thick existing asphalt concrete 650,000 SF s n. ''"' $ qi,OQO-pavement. I Construct 2" thick ARHM AC Pavement Overlay, $ "1 \.a -(ARHM-GG·C). Includes adjusting MHs, WV, 8,025 TON $ \oO'Uoo- etc. to Grade. ' Localized Pavement Repairs at various locations to be determined by the City on the field-Remove existing AC pavement section to 10" depth. Construct 2" ARHM over 2" Type B· t0.5o $ 42 16oo-PG 64-10 over 6" Crushed Aggregate Base 5,000 SF $ (CAB) over 8" scarified and compacted subgrade. This bid item shall apply to various streets and as determined on the field by City Engineer. Remove and reconstruct existing PCC Curb & Gutter at various locations per SPPWC Std. Plan 120-2 to match existing and shall Include 1,000 LF $ lP3-$ lo~. OQI!-removal of 1 Foot Strip X 8" Deep of AC • Pavement Section. Various repair locations are to be determined on the field by City Engineer. Pavement Striping and Markers 1 LS SID~ ~120-$ [21,!::!00 -' Remove existing traffic loop including its detector wires. Provide & install traffic loops (6' 12 EA $>g2S-$'6,~0!:!-diameter & round) and connect detector wires ' to existing lead in cables. TOTAL BID AMOUNT <t:tell11 oo .ou (f.·" BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page:C.2 Date Issue<!: May 25, 2017 CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECTID: P18-03,DoaJmen1 Cootrol Page 15 of 81 In the case of discrepancies, total bid will be based on calculated amounts based on quantities and Unit Bid Amounts. A. Mobilization I Demobilization including construction Full compensation for the items listed to the right as fencing Items A, B, C. D and E are considered as inclusive in B. Traffic Control each Bid Item listed above in the Bid Schedule as C. NPDES, WWECP, and Best Management Practices applicable, and no additional and/or separate (BMPs), Public Convenience and Safety compensation will be allowed. D. Construction Staking by land Surveyor E. Clearing and Grubbing The bid prices shall include any and ail costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. Mobilization/demobilization, traffic control and safety are assumed to be included in various bid items as applicable. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. The City reserves the right to add, delete, Increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. A bid Is required for the entire work, that the quantities set forth In the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Bidder shall provide a bid amount for each bid Item listed below. Failure to provide a bid for each bid item sh render the bid non-responsive BIDDER SHAll COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page:C.3 Date Issued: May 25, 2017 DESIGNATION OF SUBCONTRACTORS CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID: P18.03, Oocumenl Coolrol Pago16 of 81 BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one t f h bid d . I d tf r d d ~ II percen o t e an to procure matena san equ1pmen rom supp 1ers an ven ors as o ows: Name, address, and phone number pf Work to be Performed Contractor's DIR# Dollar Amount subcontractors, License# suppliers, and vendors f!:l~l_yo<m"' fto{c$'"""' f~im ~dt.ffic q'}.'\ <>It«....,._ INt. VM-E IOOODOI%o $ ~ !5'0~ !.."' l'v~,u.!\11'i~ l..OOfS 1'13"! "' - (,tl.) 'bto -m'b ' $ 5o-verttt(' ~l/tl"1ettl-l'\o.t~~<n (JIJ.Ifelrerll-?:m C~p.,•S St. ~ Jh\'fli\.'1 11146014! \~I)OOO\I.j1lt SIQ,Jifi~ c'1~~: ,c...,qo~3o 1 ( "71'1 ,:S-1IOD $ $ $ $ $ $ Total Subcontract Amount (shall not exceed 49% ofTotal Bid Amount) $14, 3f.:l , D D I BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page: C.4 Date Issued: May25, 2017 REFERENCES CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID: P18·03, Documenl Control Page 17 of 81 The City of Temple City is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work desired by the Public Works Department. Any and all references required to be provided by the bid specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past three years Reference Contact Information Reference Project Contract Date Name Value ComQieted Agency Name: C/0 Bell Florence Avenue Contact Name and Title: Overlay Dahl Kim, Engineer $643 000 00 09/2016 Contact Tel No: Agency Name: C/0 Newport Beach Cameo Shores Pavement Contact Name and Title: Reconstruction $3.363,363.QC 12/2016 Frank Tran, Engineer Contact Tel No: (949) 644_3340 Agency Name: County of Ventura Pavement Resurfacing, Phase II Contact Name and Title: $2 401 ezo on Jeewoong Kim, Engineer 10/2015 Contact Tel No: (805) 654_3987 BONDS The following are the names, addresses, and telephone numbers for all brokers and sureties from whom Bidder intends to procure insurance bonds: Fidelity & Deposit Company of Maryland, 777 S. Figueroa St., #3900, Los Angeles CA 90017 Millennium Corporate Solutions, 5530 Trabuco Road, Irvine CA 92620 Edgewood partners Insurance Center. 3633\nland Empire Blvd .. #640 Ontario CA 91764 SITE INSPECTION (213) 270·D600 (949) 857-4500 (909) 919·7513 The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION. Name of Person who inspected the site: Date of Inspection: Cod} Gaf~ftt{roject Manager G /5 I BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL'' Page: C.S "2016" PAST WORK REFERENCES City of Riverside 3900 Main St. Riverside, CA 92501 Contact: Steve Howard, (951 )826-5708 City ofRancho Santa Margarita 2212 El Paseo Rancho Santa Margarita, CA 92688 Contact: Max Maximous, (949)635-1800 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Contact: Kimberly Young, (909) 839-7044 City of Bell 6330 Pine Avenue Bell, CA 90201 Contact: Dahi Kim, (323)923-2628 Department of Transportation 72-800 Dinah Shore Dr. Ste. 104 105 Palm Desert, CA 92211 Contact: Khoi Vu, (951) 232-6263 Department of Transportation 3251 Y. University Dr. Trailer No. 2 Irvine, CA 92612 Contact: Peter Shieh, (949)279-8636 City of Victorville 14343 Civic Drive Victorville, CA 92392 Contact: Bruce Miller, (760) 269-0045 2014/2015 Preservation and Maintenance Contract Amount: $3,400,725.00 Start: 0112016 Completed: 06/2016 Annual Residential Overlay Contract Amount: $245,190.00 Start: 01/2016 Completed: 09/2016 Grand Ave. Beautification Project Contract Amount: $1,939,000.00 Start: 08/2015 Completed: 05/2016 Florence Avenue Overlay Contract Amount: $643,000.00 Start: 04/2016 Completed: 09/2016 Route 111, Contract No. 08-1C4604 Contract: $1,536,207.00 Start: 04/2016 Completed: 09/2016 Route 73, Contract No. 12-0M1104 Contract Amount: $1,545,163.00 Start: 4/2015 Completed: 07/2016 Bear Valley Road Reconstruction Contract Amount: $2,611,215.00 Start: 04/2016 Completed: 07/2016 City ofPerris 101 N. D Street Perris, CA 92570 Contact: Brad Brophy, (951)943-6504 City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Contact: Ken Rukavina, (310)3 78-03 83 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Alfred Castanon, (949)644-3314 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Frank Tran, (949)644-3340 City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 92656 Contact: Chris Tanio, (949)425-2531 4lh Street Improvement Project Contract Amount: $545,680.00 Start Date: 0312016 Completed: 07/2016 FY 15-16 St. Resurfacing & Slurry Seal Project Contract Amount: $876,455.00 Start: 11/2015 Completed: 06/2016 Corona Del Mar Entry Improvements Contract Amount: $497,497.00 Start Date: 02/2016 Completed: 05/2016 Cameo Shores Pavement Reconstruction Contract Amount: $3,363,363.00 Start Date: 06/2016 Completed: 12/2016 Pacific Park Rehab.-Chase to 73 Fwy Contract Amount: $633,633.00 Start Date: 10/2016 Completed: 12/2016 "2015" PAST WORK REFERENCES City of Hawthorne 4455 W. 162"d Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349-2980 City of Inglewood One Manchester Blvd, 3r<1 Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412-4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654-3987 City of Montclair 5111 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Riverside County Transportation Commission 4080 Lemon Street, 3n1 Floor Riverside, CA 92501 Contact: Bill Seitz, (949) 300-9132 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826-5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997-7513 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10/2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Route 74 Widening Contract: $1,970,004.00 Start: 4/2014 Completed: 7/2015 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 4/2015 Completed: 912015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6/2015 Completed: 11/2015 "2014" PAST WORK REFERENCES City ofFullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738-6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mark Cueno, (310) 285-2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimarm, (714) 647-5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 1112014 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation ContractAmount: $6,951,475 Start: 3/2013 Completed: 12/2014 "2013" PAST WORK REFERENCES Department of Transportation 3521 V..l)niversity Dr Irvine CA 92612 Contract: Dat Pham, (949) 279-8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259-2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hemandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave., B-6 Riverside, CA 92507 Contact: Michael Chen, (951) 830-6017 City of Laguna Hills 24035 El Toro Rd Laguna Hills, CA 92653 Contact: Kenneth Rosenfield, (949) 707-2650 County of Riverside Transportation 3525 141h St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 Route 74, Contract No. 12-016404 ContractAmount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08-0P9504 Contract Amount: $3,450,622 Start: 6/2012 Completed: 9/2013 Citywide Pavement Rehabilitation ContractAmount: $1,778,169 Start: 8/2012 Completed: 9/2013 Gilman Springs 'Road Contract Amount: $1,695,108 Start: 7/2013 Completed: 9/2013 "2012" PAST WORK :REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City ofPerris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde, (951) 943-5604 CityofDanaPoint 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., lOth Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City ofFountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1/2011 Completed: 4/30/2012 2010-2011 Citywide Street Rehabilitation ContractAmount: $2,778,000.00 Start: 7/1/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2129/2012 Pacific Coast Highway & Niguel Shores ContractAmount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/112011 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/1/2009 Completed: 3/16/2012 -----· ··---·-··--·-· -·--·--. Edinger Avenue Improvements Contract Amount: $422,422.00 Start: 5/1/2012 Completed: 8/1/2012 Date Issued: May 25, 2017 ADDENDA ACKNOWLEDGMENT CITY OF TEMPlE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM. STREET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: P1s.ll3, Document Control PagelS of 81 The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No .. ________ Dated _____ _ Addendum No .. ________ Dated _____ _ Addendum No .. _______ Dated _____ _ Addendum No .. ________ Dated _____ _ EQUAL EMPLOYMENT OPPORTUNITY COMPUANCE BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein: that no officer, agent, or employee of the City of Temple City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. BIDDER SHAll COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECfiON "C. BIDDER'S PROPOSAl" Page: C.6 Dale Issued: May 25, 2017 CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID: PIB-03, Document Conlrol Page19 of 81 BIDDER INFORMATION Bidder's Name: All American Asohalt Address: 400 E. Sixth Street Corona, CA 92879 Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If a Corporation, State of Incorporation (i.e., Calif.) California State Contractor's License No. and Class 267073 A, C-12 DIR Registration No.: (Also provide DIR No's for subcontractors a 1000001051 seoarate attachment) Contact Person Information: Name Title E-mail Tel Edward J. Carlson Vice President 10~<> 70A.7Ann The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: Marls Luer president 400 E. Sixth Street Corona CA 92879 19511 736-7600 Edward J. Carlson \lice prasjdent 400 E, Sixth S!reet. Corona CA 92879 19511 736-7600 MJphae! Farkas SecretarY 400 E Si>ctb Sfreet Cqmna CA 92879 1951\ 736-7SOO The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: All current and prior DBA'S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: NIA Previous contract performance history: 1. Was any contract terminated previously:: __ _ If the answer to the above is "yes'~ provide the followviiiJa.il1f6. Contract/project name and number:._..g_:::::; _____________ _ Date oftermination:. ___ ~'""":::__....c.L-______________ _ Reason for terminatio · 2. In the past ten years have you filed a claim for money against any public entity? If the answer to the above is "yes", provide the following information: No BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page: C,7 Date Issued: May 25, 2017 CITY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHAS E 4 CITY PROJECT ID: P18 -03, Docum ent Control Page 20 of 81 Contract/project name and number=--------==--..::;;; _______ _ Date of filing claim :·-------1+=-.::::::.------------- Reason for filing claim:_--====---==:::..._ _ _,..~-------------- Ownersnam~e.~·--==~------------------------ ~ 3. In the past ten years have you been a party to legal action by or against a public entity arising out of the performance of a public work s contract? ------ 1/ the answer to the above is "yes ", provide the following in forma · w.---- Contract/project name and number:. __ -M---=-=------------ Date of commencement of litigation'.:::: -=--A.----------------- Reason for litigation :._-=_....,::;;_ __________________ _ Ownersna.m~~e~=~------------------------ Owo.& ntact person and tel. no .:------------------ IN WITNESS WHEREOF, BIDDER executes anft.fiubmits thjs J?roposal with the names, titles, hands, and seals of all aforementioned principals this~ day of <JU116 , 201j Ql.......__' Micha'ei?arkas, Secretary Subscribed and sworn to this __ day of ______ _, 201_. NOTARY PUBLIC __ *_*S_e_e_A_tt_a_c_h_ed_C_a_l_ifo_r_n_ia_J_u_r_a_t*_* _________ _ BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page : c.s CALIFORNIA JURAT GOV CODE § 8202 A notary publi c or other officer completing this cet1ilicate verilies only th e identity of the individual who s igned the docum(!nt to which thi s certificate is attached , and not the truthfuln ess, accuracy , or validity of that document. State of California County of _ _,R:..!:i:...:.v.=.er~s:.:..:id:..::e::.__ ___ _ Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 19th day of June 2017. Date Month By (1) ____ ----'-!.M77a"-'rk,_,L=u:.::e'7-r ______ _ Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (.) (and (2) _______ ~E~d~w~a~rd~J~·~C~a~rl.=.so~n~---- Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) ---------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 Proposal Execution Document Date: 6-19-2017 Number of Pages : _8 __ Signer(s) Other Than Named Above: _:..:.No""n.:.:::e'------ RIGHT THUMBPRINT OF SIGNER Top of thumb here RIGHT THUMBPRINT OF SIGNER Top of thumb hore CALIFORNIA JURAT GOV CODE § 8202 A notary public or other o!liccr completi ng this cert ificate verifies only the identity of the individual who sig ned the doc um en t to which this certificate i s attached, and not the truthfulness, nccuracy, or va lidity of th nt document. State of California County of _ _:R:...:.:...:.iv-=:ce:...:rs=id=e'------ COURTNEY CHAP AS • Notary Public • California z < Riverside County $ ~ Commission # 2172984 ~ ). o o o • ~¥ ~oT"l; tx~rts tlo1 t0-]~2~ . Subscribed and sworn to (or affirmed) before me on this 19th day of June 2017. Date Month By (1) ____ ___!!.M7:ic!!..!h~a~ei:-::F~a~rk~a~s~---- 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 ___ rruuiJiin_---:d-J-=('(J.::....:..:jlll¥-h~..u..-::::--:..,..,...-------~~Public Place Notary Seal Above ---------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 reattachme nt of this form to another document. Further Description of Any Attached Document Title or Type of Document Proposal Execu tion Document Date: 6 ·19-2017 Number of Pages: _8_ Signer(s) Other Than Named Above : _,_,_No,_,n-'""e'------ RIGHT THUMBPRINT OF SIGNER To p or thumb here RIGHT THUMBPRINT OF SIGNER Top of thumb here Data tssua<l: May 25, 2017 CtTY OF TEMPLE CITY, CALIFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPEC!FICAllONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: P16.o3, Ooolment Coohot Paga 21 of 81 Department of Industrial Relations (DIR) Contractor Registration Number Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts In California. For more Information, please refer to this section of the Department of Industrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html~ Per this requirement, provide the following Information: All American Asphalt Contractor Name 1000001051 Contractor Department of Industrial Relations Registration Number: 06/30/2017 Expiration Date of Registration Number *(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID)* RIDDER SHAll COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page:C.9 Dale Issued: May 25, 2017 . . CITY OF TEMPLE CITY, CAliFORNIA BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFI CATIONS PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID: P18 ·03, Documenl Control Page 22 of 81 PROPOSAL GUARANTEE/BID BOND PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT ID : P18·03 City of Temple City Bond No. 08597423 Bid Date: 06/20/2017 KNOW ALL MEN BY THESE PRESENTS that All American Asphalt , as BIDDER, and Fidelity and Deposit Company or Maryland as SURETY, are held and firmly bound unto the City of Temple City, in the penal sum of Ten Percent or Tota l Amount Bid-dollars ($ 10% or Bid ), which is 10 percent of the total amount bid by BIDDER to the City of Temple City for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Temple City 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 the City of Temple City. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ~day of June 2011. BIDDER* All American Asphalt· 400 East Sixth Street, Corona. CA 92879 Phone : (951}736-7600 4-/~ ~Dt-EO.wo.rJ.3'~il&J.~\-tJ\ic.\\M\ m•~\"" ";)((,~~\ SURETY* Fldolity and Deposit Company ol Maryland· 777 s. Figueroa S lreet, Suite 3000, Los Angeles, CA go017 David Wei (213) 270·06(;() Rebecca Haas-Bates, Attorney-in-Fact *Provide BIDDER/SURETY name, address and telephone number and the name, tith=!,.a~dre ~ and telephone number for authorized representative. Subscribed and sworn to this __ day of ______ _, 201_. NOTARY PUBLIC: ••pfease See Attached•• BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL" Page : C.lO ·. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE§ 1189 A nota ry publi c or o th er offi cer co mpl eti ng th is c ertifi cat e verifi es on ly the identity o f th e indi vidual wh o s ig ned th e document to whi ch thi s ce rtifi cat e is attn c hed. nncl not th e tmthfitln css. accurn cv. or va liclit v of that do cum ent. State of California County of --~R::!.iv..:..e~t~·s~id::!:e~-- On June 19. 20 17 before me, _ ____!C::::..:o::.!t::.:.ll1.!:.!n!.!:e:..z.y--:C::::..:h~a:!J;p~a""s.,_,N~ot"""a,.__ry~P""'"u->::bl~ic:::...,---:-:---- o ato Hero Insert n ame and H to of the Officer personally appeared Edward J. Carlson. Michae l Farkas Namo(s) of Signer(s) Pfaco Notary Seal Abov e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sAeltfley executed the same in his/heFAAeiF authorized capacity(ies), and that by his/heFAAeiF signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Jaws of the State of California that the forgoing paragraph is true and correct. WITNESS my h ---------OPTIONAL----....;;.._ __________ _ Though the information below is not required by law, it may prove valuable to person relying on the do cument and could prevent fraudulent removal and reattachment of this fo rm to another document. Description of Attached Document Title or Type of Document .=B::..:i~d'-'B:::..o""n:..:;d:::...._ ________________________ _ Document Date: June 6. 2017 Number of Pages: Sign er(s) Other Than Named Above : _____ ___,_N,_,o:.:...n,_,e'-------------------- Capacity(ies) Claimed by Signer(s) Signer's Name : Edward J . Carlson o Individual X Corporate Officer-Title(s): Vice Pre sident o Partner 1 J o Limited o General o Attorney in Fact o Trustee o Other:-------- Signer is Representing : All American As halt RIGHT THUMBPRINT OF SIGNER Top of thumb h ere Signe r's Name: Michael Farkas o Individual X Corporate Officer-Titl e(s): _S""e""c"'-r""et,a.!.Jrv'------ o Partner 11 o Limited o General o Attorney in Fact o Trustee o Other :-------- Signer is Repres enting: All American A s halt RIGHT THUMBPRINT OF SIGNER Top of thumb h ere CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to wh ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof ~O~rn~n~g~c __________________ __ On __ _.::0'""'6/:...::0c:::6/~2.::..0.:...:1 7 _______ before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared _R_c_be_c_c._·, _H_m_•s_-B_•_•t c_s ______________________________________ _ Name~of Signer"(s). who proved to me on the basis of satisfactory evidence to be the person(s)-whose name~ is/are subscribed to the within instrument and acknowledged to me that Re/she/the¥ executed the same in his/her/their authorized capacity~. and that by his{her/thel.r signature~ on the instrument the person(sh. or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Stat f.-Calif ·a that the foregoing paragraph is 1ru.~e =--~::;.: Signature of Notary Public -----------------------------oPTIONAL----------------------------- Though this section /s 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 Document Date: _o_6r...,.o_61,...2_0 _1 7 ___ _ Number of Pages: Onc(l) Signer(s) Other Than Named Above: All Am er ican Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bate s 0 Corporate Officer -Tltle(s): _______ _ [] Partner -0 Limited 0 General 0 Individual li? Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------------------------- Signer Is Representing: ---~:---:---:------ Fidelity and Depo sit Company of Maryland Signer's Name:--------------------- 0 Corporate Offic er -Title(s): -------- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ---------------------- Signer Is Representing : --------------- ~~~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association· www.NationaiNotary.org •1-800-US NOTARY (1 -800-876 -6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written in strum ent under the attested corpornte seal, appoint attorneys-in-fact with authority to execute bond s, policies, recogni za nce s, stipulations, undertakings, or other like in strument s on behalf of the Company, and may authorize any oflicer or any such attorncy-in-fitctto affix the corporate seal thereto ; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned , Vice Pre sident 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 lbregoing Power of Attorney is still in 11tll force and effect on the date ofthis certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in forc e. This Power of Attorney and Certificate may be signed by fac s imile under and hy authority of the following reso lution 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. RESO LVED: "That the signature of the President or a Vice President and the attesting s ignature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by fac s imile on any Power of Attorney ... Any such Power or any certificate thereof bearing such f.1csimilc 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 re so lution 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 ofthc Board ofDircetors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, I 990. 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 hereto lore or hercaficr, wherever appearing upon a certified copy of any power of attorney is sued by the Company, shall be valid and binding upon the Company with the same force and ciTcct as though manuall y affixed. I~ TfiSTIM ~ WHEREOF, I have hereunto subscribed my name and affixed the corpomte seals of the said Companies, this (aY:tllay of 1 ru , 20fl. -:. ·- 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 ZURICH AMEIUCAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe State of Maryland, and the FIDELITY •. AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the 'Companies"), by GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attorney-in-Foci, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office In Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certil'y that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMEIUCAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of April, A.D. 2017. Assistant Secretary Dawn E. Brown State of Maryland County of Baltimore ATIEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Gerald F. Haley . ·. ' .• On this 18th day of April, AD. 2017, before the subscriber, a Notmy Public of the State of Maryland, duly commissioned and qualified. GERALD F. HALEY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me perso.nally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and sailh, that he/she is the said officer of the Company aforesaid, and that Ute seals affixed to the preceding instrument are the Corporate Seals of said Companies, and lhat the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. POA·F 012.00330 Constance A. Dunn. Notasy Public My Commission Expires: July 9. 2019 ATTACHMENT 8 Bid Analysis 1. BID T A BULATI ON PROJECT NAME: CITY OF TEMPLE CITY, PAV EMENT MANAGEMENT PROGRAM STREET RESU RFACI NG PROJ ECT PH ASE 4 CITY PROJECT ID: Pl S-03 A p pare nt Low Bidder 1 Apparent Low B i dder 2 Apparent Low Bidder 3 Apparent Low Bidder 4 BID T ABULATION Eng Estim at e AVERAGE BID VALU ES LOWEST HIGHEST I All American Asphalt Pal p , I nc. DBA Excel Sully-Miller Contracting Hardy & Harper Inc. UNIT BID UN IT BID Pavi n g Comp a n y Co mpan y PRICE PRICE Bid It em and Description Qty Unit Unit Price I Total Price Unit Pric~ Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Pric e 1 Col d mill 2" thick existi ng asphalt concrete 650,000 SF $0.14 $91,000.()( $0.19 $123,500.()( $0.21 $136,500.()( $0.30 $195,000.00 $0.21 $136,500.00 $0.14 $0.30 avement. Construct 2" t hick ARHM AC Pavement 2 Overlay, (ARHM·GG.C). Includes adjusting 8,025 TON $76.00 $609,900.0( $81.00 $650,025.0( $93.50 $750,337.5( $77.77 $624,104.25 $82.07 $658,591.6S $76.00 $93.50 MHs WV etc. to Grade. Loca izea raveme nt Kepa1rs at vanous locations to be d etermined by the City on the field • Remove existing AC pave ment section to 10" depth. Construct 2" ARHM ove r 2" Type 3 B·PG 64-10 o ver 6" Crushed Aggregate Base 5,000 SF $8.5 0 $42,500.0C $7.20 $36,000.00 $8.50 $42,500.00 $18.00 $90,000 .00 $10.55 $52,750.()( $7.20 $18.00 (CAB) over 8" sca rifi ed and compacted subg ra de. This bid ite m shall apply to various st reets and as determ ined on t he field by City Erutine M. Remove and reconst ruct existing PCC Curb & Gutter at various locations per SPPWC Std. Plan 120-2 to match e xisting a nd sha ll incl ude 4 removal of 1 Foot Strip X 8 " Deep of AC 1,000 lF $63.00 $63,000.00 $62.00 $62,000.00 $48.00 $48,000.00 $96.00 $96,000.()( $67.25 $67,250.()( $48.00 $95.00 Pavement Section. Various repa ir locations are to be determined on the field by ~ ruti!1eer. 5 Pavement Striping and M arkers 1 lS $57,400.00 $67,400.00 $55,052.00 $56,052. $12.300.00 $12,300. $54.895.75 $64,895.75 $50,161.94 $50,161.9<1 $12,300.00 $57,400.00 Remove e>tistirc traffic loop including its 6 detector wires. Provide & install traffic loops {6' diameter & round) and connect det ector 12 EA $325.00 $3,900.00 $850.00 $10,200.00 $343.00 $4,116.()( $500.00 $6,000.()( $504.50 $6,054.0( $325.00 $850.00 wires to exist iniZ lead in cables. BID RANKING A pparent Low Apparent Low Apparent Low Apparent Low Bidder 1 Bidd er2 Bidder3 Bidder4 OTAL BASE BID AMOUNT CALCULATED BASED ON UNIT PRI CES 1 s1.ooo.ooo.oo $877,700.00 $937,777.00 $993,753.50 $1,076,000.00 $971,30 7.63 ' OTA L BASE BID AMOUNT INDI CATED BY BIDDER $877,700.00 $937,777.00 $993,753.50 $1,076,000.00 CALCULATION CORRECTIONS TO BID A MOUNT SUBMmED BY $0.00 $0.00 $0.00 $0.00 CONTRACTOR BASED ON CALCULATED BID AMOUNT IS THE BIDDER QUALIF I ED BASED ON REFERENCE PROJECTS YES SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BI D 1.63% $14,303.0C 4.34% $40,71S.OC Detailed analysis is not being Detailed analysis is not being DID THE BIDDER M EET MAX 4 9% SUB CONTRACTOR (MIN 51% MAX SUB 49.00l' Yes conducted with this bidder at conducted with t his bidder at t hl WORK BY PRIME CONTRACTOR) REQUIREM ENT "'s es t his time. time. :' ......... S>.SU.OC ......... ,_ R lsuscoNT1tACToRS ,. .. ,-.-t SlQ,715.(1( --·-"•""" ---,., ... S>UOU< .,, ... ....,. ... 0:\0ropbox (Tr1nsttch EncJneers)\JOBRECR0\2017\17015 TC PMP 2017\WlP\6 IUD ANALYSIS\0 810 ANALYStS, TC, PMP STREET SURFAO NG PROJECT PHASE 4, Pl&-03810 TABULA nON 1of3 0:\0ropbox (Tr.tnstech En;ineers)\JOBRECR0\2017\l701S TC PMP 2017\WIP\6 BID ANAL YSIS\0 BID ANALYSIS, TC, PMP STREET SURFAONG PROJECT PHASE 4, Pl&-03REVIEW OF APPARENT LOW BID 2of3 z i ... " m ~ " 0 m ~ c: ~ z 0 ... z 0 "' '" " ~ m !!! 0 ~ c: " ~ m 0 ~ ,.. 6 " m !<! " ill ~ 0 z a ~ m !!! 0 ~ 1'; ~ ~ ~ • " Q· 8 , Iii ~ ~ • "' ATTACHMENT C Contract to be Executed with All American Asphalt CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: P18-03 THIS AGREEMENT ("Agreement") is made and entered into this __ day of ___________ , by and between the CITY OF TEMPLE CITY, a Municipal Corporation located in the County of Los Angeles , State of California ("CITY"), and All American Asphalt , [a corporation/partnership/limited liability company corporation, located at P .O. Box 2229, Corona, CA 92878 ("CONTRACTOR"), collectively referred to as the Parties . RECITALS A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before June 20, 2017, for the following : PAVEMENT MANAGEMENT PROGRAM, STREET RESURFACING PROJECT PHASE 4 CITY PROJECT 10: P18-03 in the City of Temple City , California ("Project"). B. At 2 :00 PM (PST) on said date, in the Temple City Council Chambers, the bids submitted for the Project were opened. C. At its regular meeting held on , the City Council of CITY accepted the bid of CONTRACTOR for the Project as being the lowest responsive bid received and directed that a written contract be entered into with CONTRACTOR. OPERATIVE PROVISIONS NOW, THEREFORE , in consideration of the promises and of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. CONTRACT DOCUMENTS. This Agreement consists of the following documents ("Contract Documents"), all of which are made a part of this Agreement: (a) Notice Inviting Bids (b) Instructions to Bidders (c) Bid Form 1 (d) Bid Proposal and/or Contract Proposal, as accepted, including the Certificate of Bidders' Experience and Qualifications and the List of Subcontractors (e) Information Required by Bidder (f) Notice of Award (g) Notice to Proceed (h) This Agreement (i) Verification of California Contractor's License U) Contractor's Certificate Regarding Workers' Compensation (k) Security for payment (labor and materials) (I) Security for performance (m) Certificate(s) of Insurance (n) General Conditions/Specifications ( o) Special Provisions (p) Plans and Standard Drawings (q) Prevailing Wage Scales (r) Standard Specifications for Public Works Construction, including subsequent addenda and supplements (s) Change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded to Contractor (t) All addenda issued by the City with respect to the foregoing prior to the opening of bids , including , Addenda Nos. __ _ (u) Other doc uments (list here or delete) In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. 2 2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the Project and to fulfill all other obligations as set forth in the Contract Documents ("Work"). Ex cept as specifically provided in the Contract Documents, CONTRACTOR must furnish all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work. CONTRACTOR must perform all of the Work in strict accordance with the Contract Documents . 3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and accept the total amount of Eight Hundred Seventy Seven Thousand Seven Hundred Dollars ($877,700), based upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, as full compensation for the Work. Said compensation shall cover all expenses , losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work in the manner and time specified in the Contract Documents, and also including those arising form actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension or discontinuance of the Work, and all other unknowns ·or risks of any description connected with the Work. CITY shall retain five percent (5 %) of the compensation until the provisions of Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the time , in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS . 4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply with all of the provisions of State and Federal law with respect to the employment of unauthorized aliens , including without limitation the Federal Immigration and Nationality Act (8 USCA 1101 , et seq.), as amended . Should CONTRACTOR employ one or more unauthorized aliens for the performance of the Work, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens , CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all sanctions imposed , together with any and all costs , including attorney's fees, incurred by the CITY in connection therewith . 5 . REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents and warrants that (a) It is not currently, and has not at any time within the past five (5) calendar years been , suspended , debarred, or excluded from participating in, bidding on , contracting for, or completing any proje ct funded in whole or in part by program , grant or loan funded by the federal government or the State of Cal ifornia ; and (b) CONTRACTOR currently has, and for the past five (5) calendar years has maintained in good standing , a valid California contractor's license; and 3 (c) CONTRACTOR is registered with the Department of Industrial Relations to perform services on public works projects as required by Labor Code section 1725 .5. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this Project. 6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the Director of Public Works of CITY, and shall complete work on the Project within Forty (40) working days after commencement. 7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting, hiring, promotion , demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status , sex, age , or sexual orientation in the performance of this Agreement, and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2 .8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 8. LABOR CODE REQUIREMENTS. (a) CONTRACTOR is aware of and agrees to abide by the provisions of California Labor Code Sections 1720, et seq., as well as Sections 1771 , 1773, 1773 .1, 1773.6, 1773.7 , 1774, 1775, 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work ("Prevailing Wage Laws "). Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for each craft are available upon request from the City . A copy of the prevailing rate of per diem wages shall be posted at the job site . If such posting is not possible, a copy shall be posted at the business of the CONTRACTOR. (b) CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day's work . CONTRACTOR will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810 . (Labor Code§ 1813.) (c) CONTRACTOR must comply with Labor Code section 1771 .1(a), which provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is registered with the Department of Industrial Relations as required by Labor Code Section 1725.5, and that CONTRACTOR may award subcontracts for work that 4 qualifies as a "public work" only to subcontractors which are at the time of award registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONTRACTOR must obtain proof of such registration from all such subcontractors. (d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of this Agreement. (Labor Code§ 1774.) CONTRACTOR is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. (e) CONTRACTOR must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Agreement by CONTRACTOR or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. (f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Agreement. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. (g) 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. 9. PROJECT SITE CONDITIONS. (a) CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 5 (i) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (ii) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, (iii) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement. (b) Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. (c) CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, then CITY shall issue a change order. (d) In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. 10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising form the performance of the Work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, resulting directly or indirectly from the nature of the Work covered by this Agreement, regardless of responsibility of negligence. (a) CITY does not, and shall not, waive any rights against CONTRACTOR which it may have because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) The indemnity provided by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether insurance policies are applicable to any of the damages or claims for damages. 6 (c) The provisions of this section do not apply to claims occurring as a result of the City's sole negligence or willful acts or omissions. (d) The provisions of this section will survive the expiration or earlier termination of this Agreement. 11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the faithful performance of this Agreement and a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the payment of all labor and materials furnished in connection with this Agreement. 12. INSURANCE. CONTRACTOR shall not commence the Work until CONTRACTOR has obtained all insurance required by the Contract Documents and such insurance has been approved by CITY as to form, amount and carrier. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor have been obtained and approved. (a) Workers' Compensation. CONTRACTOR shall take out and maintain, during the life of this Agreement, Worker's Compensation Insurance (Statutory Limits) with Employers Liability Insurance (with limits of at least $1 ,000,000) for all of CONTRACTOR's employees employed at the Project site; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in Work under this Agreement at the Project site is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. CONTRACTOR shall submit to Agency, along with the certificate of Insurance, a Waiver of Subrogation endorsement in favor of the Agency, its officers, agents, employees and volunteers. (b) Comprehensive General Liabilitv. Products/Completed Operations Hazard. and Contractual General Liability Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this Agreement, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from 7 CONTRACTOR's or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows : (i) General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1 ,000 ,000) per occurrence; (ii) Products/Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1 ,000,000) per occurrence; and (iii) Contractual General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1 ,000,000) per occurrence . General aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the required minimum limits set forth hereinabove . (c) Comprehensive Automobile Liability. CONTRACTOR shall take out and maintain during the life of this Agreement, comprehensive automobile liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this Agreement, from claims for damage for personal injury , including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (i) Comprehensive Automobile Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1 ,000,000) combined single limit per accident. (d) Proof of Insurance. The insurance required by this Agreement shall be with insurers which are California Admitted and Best A rated or better. CITY shall be named as "additional insured" on the general liability and automobile liability required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement. (e) Umbrella or excess liability insurance. [Optional depending on limits required]. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including 8 commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies . • Insureds under primary policies shall also be insureds under the umbrella or excess policies. (f) Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. (g) Primarv/contributing. Coverage provided by the CONTRACTOR shall be primary and any insurance or self-insurance or maintained by Agency shall not be required to contribute to it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency's own insurance or self-insurance shall be called upon to protect is as a named insured. (h) Notice to Proceed. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence the Work under this Agreement until CONTRACTOR has provided to the CITY the proof of insurance as required by this Section 12. 13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the Project is not commenced and/or completed on or before the dates specified for commencement and completion of the Project in the Contract Documents. The parties have considered the facts of a breach of this Agreement and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the 9 CITY in the event such work is not begun and/or completed and accepted by the times so specified in the Contract Documents . The sum of ONE THOUSAND DOLLARS ($1 ,000 .00) shall be presum ed to be the amount of damages suffered by the CITY for each day's delay in the starting and/or completion and acceptance of the Project after the dates specified in the Contract Documents for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS ($1 ,000 .00) as liquidated damages for each day of delay in the starting and/or completing and acceptance of said Project beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done in accordance with that certain edition of the Standard Sp ecification for Public Works Construction currently in effe ct on the execution date of this Agreement. CONTRACTOR CITY OF TEMPLE CITY ALL AMERICAN ASPHALT By ______________________ _ By ______________________ _ Date : Date : ------------------------------------------- 14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of same by the City Council of the CITY, the City Manager of the CITY shall cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and , after thirty-five (35) days from the date said Notice of Completion is recorded , the Director of Finance of CITY shall release the funds retained pursuant to Section 3 hereof; provided there have been no mechanics' liens or stop noti ces filed against the Work which have not been paid , withdrawn or eliminated as lien s aga inst sa id work. 15. COMPLIANCE WITH LAWS. In performing the Work , CONTRACTOR must comply with all applicable statutes , laws and regulations, includ ing , but not limited to, OSHA requirements and the Temple City Municipal Code. Contractor must, at Contractor's sole expense , obtain all necessary permits and li censes required for the Work, and give all necessary notices and pay all fees and ta xes required by law, including , without limitation , any business license tax imposed by City. 16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain as to CITY a wholly independent contractor. Neither the CITY nor any of its officers, employees , or agents will have c ontrol over the conduct of CONTRACTOR or any of CONTRACTOR 's officers , employees , agents or subcontractors, except as expressly set forth in the Contract Documents . CONTRACTOR may not at any time or in any manner represent that it or any of its officers , employees , agents , or subcontractors are in any manner officers , employees , agents or subcontracto rs of CITY. 17. GENERAL PROVISIONS. 10 (a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations. (b) Assignment. CONTRACTOR may not assign this Agreement without the prior written consent of CITY, which consent may be withheld in the CITY's sole discretion since the experience and qualifications of CONTRACTOR were material considerations for this Agreement. (c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. (d) Integrated Agreement. This Agreement, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Agreement and supersedes all other agreements or understandings, whether oral or written, between CONTRACTOR and CITY prior to the execution of this Agreement. (e) Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by CONTRACTOR and by the City Council or City Manager of CITY, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. (f) Counterparts and Facsimile Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Agreement will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. (g) Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Work performed by CONTRACTOR will not constitute a waiver of any of the provisions of this Agreement. (h) Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. (i) Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the 11 Agreement will be read and construed without the invalid, void or unenforceable provision. U) Attorneys' Fees. The prevailing party in any action to resolve a dispute concerning this Agreement shall be entitled to have and recover from the losing party the reasonable attorneys' fees and costs of such action. (k) Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles . (I) Notices. All written notices required or permitted to be given under this Agreement will be deemed made when received by the other Party at its respective address as follows: To CITY: To Contractor: City of Temple City 9701 Las Tunas Drive Temple City, California 91780 Attention : ------ (Tel.) (Fax) All American Asphalt P.O. Box 2229, Corona, CA 92878 Attention: Edward J Carlson . Vice President (Tel.) 951 -736 -7600 (Fax) 951-736-7646 Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed , notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service , postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. Any Party may change its notice information by giving notice to the other Party in compliance with this section. 12 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day of , 20_, by their respective officers duly authorized in that behalf. ATTEST: Peggy Kuo, City Clerk Date: APPROVED AS TO FORM: Eric S. Vail, City Attorney 13 CITY OF TEMPLE CITY, a municipal corporation By ______________________ ___ _________________ ,a [state type of entity] By ______________________ _ By ______________________ ___ CALIFORNIA All-PURPOSE ACKNOWLEDGMENT t••··························································································· A notary public or other officer completing this certificate verifies only the identity of the individual who signed the dorument, to which this certificate is attached, and not t he truthful ness, accuracy, or validity of that document. On ____________ before me,---------------------, (/~It fJamQ of Notary Public and Ttt/11] ~personally appeared-------------------------------' PlaCII Natary Sllal Abov11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exerut ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomta that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ _ (SigootuiV of Notary Public) --------------------------oPnONAL --------------------------Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descri ption of Attached Document Title of Type of Document :------------------------------ Document Date:-------------------Number of Pages: -------- Signer(s) Other Than Named Above:--------------------------- Capacity(ies) Claimed by Signer (s) Si gner's Name:------------- 0 Individual D Corporate Officer-Trde(s): ______ _ D Partner D Limited D General ._ _L :..L ..... 0 Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Rep r esenting: Signer's Name: ____________ _ D Individual 0 Corporate Officer-Title(s): -------- 0 Partner D Umited D General -====~ 0 Attorney in Fact D Trustee D Guardian or Conservator 0 Other:---------- Signer is Representing: ____ _ ::::::::::::;:::::::::::::;:•::::::;:•;:;:;:•;:;:::::--:;:;:;:;:.,.:;:;::::: ... ::::::::: ... :::::::::::;::;:::::::..-:;::;::::::.;::;::;:;: ... :;:;::;:...::;::;::;::;::::;::;:.:;:;:;:·::::::::::::.::::::::::::::::::::::::--:::::::::: .. :::::::::--:::::::::: CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT t••··························································································· A notary public or other officer completing this certificate verifies onl y the identity of the individual who signed the document~ to which this certificate is attached, and not the truthf u l ness, accuracy, or validity of that document. State of california } County of los Angeles . On _______________________ beforeme, ___________________________________________ , {l~rt Name of Notary Public and Tlt/11) personally appeared----------------------------------------------------------- Pklco Notary Silo/ A bow who proved to me on the basis of satisfactory evi dence to be the person(s) whose name(s) is/are subscribed to the withi n instrument and acknowl edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the i nstrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature--------------------------------- {Signatu111 of Notary Public) --------------------------OPTIONAL --------------------------Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Docume nt:------------------------------------------------------------- Number of Pages~ ---------------Document Date: ------------------------------------- S~n~~~her~anNam~~®e =----------------------------------------------------~ Capacity(ies) Cla imed by Signer(s) Signer's Name:------------------------- 0 Individua l D Corporate Officer-TJt le (s): ____________ ___ 0 Partner 0 Limited 0 General D Attorney in Fact D Trustee D Guardian or Conservator D Other:----------------- Signer is Rept"esenting: ------ ~-~- Signer's Name : _______________________ _ D Individual D Corporate Office r -litle(s): --------------- 0 Partner 0 Umited D General -====::~ D Attorney in Fact 0 Trustee 0 Guardian or Conservator D Other: ------------------ Signer is Representing: --------- ::::::::::::::::::::::::::::::::::::::::-::::::::::::::::::::::-:::::::::::::;::::::::::::::::::::::;.::::::::::-:::::::::;.:::::::::::-::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::;.::::::::::::::::::::::::::-::::::;:::::::::;::::::::::