Hemet City Council
March 8, 2022

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
KME shall provide a ten (10) year parts and labor warranty on all apparatus paint coatings including adhesion, peeling, cracking, clouding, and loss of gloss.

KME shall provide a ten (10) year parts and labor warranty on engine charge air cooler and radiator.

KME shall provide a ten (10) year parts and labor warranty on complete cab and body structure, including cab frame, door frames, cab roof, interior and exterior cab and body panels, engine tunnel and engine tunnel cover, seat suspension and frames, all dash and cab trim. Cab and body shall be free from structural failure, cracking, and rust, barring accident or abuse.

KME shall provide life cycle (not to exceed 20 years) parts and labor warranty on frame, subframe, cross members, and frame fasteners.

KME shall provide extended warranty, when applicable, on sub-components according to the sub-component manufacturers’ standard warranty, when said sub-component standard warranty exceeds the warranty established in this specification.

KME shall provide information on terms and or price, if any, of extended warranty options which may be offered by sub-component manufacturer for purchase consideration by SMFD.

Acknowledgement of Warranty Repair Requests
KME shall provide a written response via e-mail acknowledging receipt of warranty repair requests by the end of the next business day after request has been submitted.

Said response shall indicate whether the warranty repair request is approved or rejected and shall include a proposed action plan outlining KME’ s remedy to resolve the warranty complaint.

KME shall explain, in writing, the specific reason(s) and or cause for all rejected warranty repair requests.

Warranty Items: Repair
KME remedy shall be free from defects in design, materials, and workmanship for the duration of the remaining warranty period. Consequential damage caused by a warrantable failure shall be covered under the Manufacturer’s warranty.

KME shall develop and implement a comprehensive remedy to permanently resolve multiple and recurring failures occurring on the same apparatus and like apparatus manufactured under this contract.

KME shall, at SMFD request, develop and implement a campaign remedy for defects occurring on multiple units purchased under this specification. This will ensure that all affected vehicles are corrected. Said remedy shall be free from defects in design, material, and workmanship for the duration of the remaining warranty period.

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
Replacement parts shall be new, or factory reconditioned, if approved by SMFD, for all warranty repairs.

Warranty Start Date
Warranty period shall commence when the apparatus is placed into service as approved and reported by the Santa Monica Fire Department to the manufacturer.

Warranty Certificate
KME will provide a warranty certificate that clearly details the terms of the specific warranty option selected by the SMFD for vehicles purchased under the terms of this specification. Said certificate shall show warranty effective date, warranty expiration date, coverage, exemptions, exclusions, and claim procedures. Certificate must list the specific apparatus identification number, the engine and transmission suppliers, and local dealership/service centers.

Warranty Repair Facility Requirement
KME shall have a “single point” warranty facility located within a 70-mile radius of the Santa Monica Fire Department Fire Station #1 - 337 7th Street Santa Monica, California 90401.

KME shall provide a profile of the warranty facility which shall include the location, hours of operation, and a list detailing the number of mechanics employed and their qualifications and or certificates.

All vendor warranty repairs shall be performed by factory trained, qualified, and/or ASE, EVT, or CFMA (Level I-III) certified mechanics.

KME’s local repair facility shall have available for dispatching, a mobile mechanic with a properly tooled and parts supplied vehicle; to respond to any warranty repairs identified by the SMFD within 24 hours of notification of the agreed upon warranty repair. The mobile response shall be during normal business hours (0800 to 1700) unless otherwise jointly agreed upon by the SMFD and the manufacturer’s warranty facility.

KME local repair facility mobile mechanic vehicle(s) shall be supplied with the following minimum items:
• Air compressor
• Drive impact wrenches
• Hand tool set: to accomplish normal field repairs on heavy equipment • Portable Lighting: auxiliary or vehicle powered for field work • Jumper Cables: 20-foot Heavy Duty
• Combination Vice: Min. 4½ inch jaw
• Code Reader
• Battery Tester
• Volt/Ohm Meter
• Drill with Bits: ½ inch drill, with drill bits to ¾ inch

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
• Commonly used SAE and Metric Nuts and Bolts: up to ½” x 3” • Various electrical connectors: for commonly used wire sizes on all equipment • Various electrical wire: Sizes commonly found on all equipment • Assorted common electrical fuses and bulbs
• Assorted lubricants and cleaners used by field mechanics • Assorted metal fasteners, machine screws, self-tapping screws: up to #12 x 1 ½ “ • Air Brake Fittings: Commonly used, up to 5/8 inch.
• Fire Extinguisher: Multi-Purpose, 2A 10 BC, securely mounted and accessible. Current annual inspection tag included
• Wheel Chocks: minimum one pair
Apparatus Transportation
KME shall be responsible for transporting of apparatus for repair, including towing, at manufacturer’s expense.

If KME is unable to tow apparatus due to a repair covered under warranty, KME shall reimburse SMFD actual towing costs for any warranty repair requiring towing. Within 30 days of receipt of SMFD’s warranty tow invoice, KME shall reimburse the City of Santa Monica Fire Department in full which will be reflected on the approved Santa Monica Fire Department warranty reimbursement sheet/invoice submitted to KME for payment.

Out-of-Service Repair Penalty
The Santa Monica Fire Department defines “out-of-service” as any apparatus that could:
• Result in injury to persons or damage to equipment or could decrease the operating efficiency of the vehicle to a dangerous level.
• Prevent an emergency vehicle from making an emergency response. • Cause the vehicle to operate in violation of any law.

KME shall pay the Santa Monica Fire Department $250.00 per calendar day, per vehicle, whenever an apparatus purchased under this specification is out of service for more than a 48-hour period unless otherwise dictated due to warranty defect. Penalty shall accrue from 0700 hours on the next business day following notification.

KME shall pay all penalties, reimbursements and payments mentioned in this specification upon request by the Santa Monica Fire Department utilizing the approved Santa Monica Fire Department. Warranty reimbursement sheet/invoice submitted to KME.

Per-diem out-of-service penalty shall terminate when apparatus is delivered back to the SMFD with a completed KME repair order.

If repairs are unsatisfactory, apparatus shall once more be deemed “out-of-service”. The SMFD shall notify KME that the apparatus is out-of-service and the per diem penalty, as stated previously, shall apply.

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
KME shall reimburse SMFD all “out-of-service” penalties within 30 days from receipt of SMFD’s notice; to the number of days or amount of reimbursements for warranty work performed by SMFD or for costs accrued for tow, etc.

Un-Timely Repair Penalty
KME shall pay the SMFD $250.00 per day, per apparatus, for any warranty defect not corrected within twenty (20) days following manufacturer notification. Penalty shall accrue from the 20th calendar day following notification. Said payment shall be made within 30 days following receipt of SMFD’s billing invoice.

Manufacturer’s Warranty Document
KME shall provide SMFD a complete work order and invoice for all warranty repairs performed on apparatus purchased under this specification. Invoices will be broken down separately per unit, including GSO number.

Said invoice and work order shall be emailed immediately to the SMFD Logistics Captain when repairs are completed, and hard copies shall be delivered with the apparatus when the apparatus is picked up by or delivered to the SMFD.

Copies of work orders and invoices shall be emailed to the SMFD Logistics Captain and the Deputy Chief of Administration. The email addresses will be provided on final contract. Said documentation shall be emailed by the end of the next business day following the repair.

KME repair invoice shall comply with all requirements of the California Bureau of Automotive Repair and shall document the complaint, cause, and correction, including parts used, if any.

Repair invoice shall document all labor used.

Apparatus delivered to the SMFD without required repair invoice shall be considered “out of service” and subject to the $250.00 per diem penalty until the original or a copy of the repair invoice is received by the SMFD.

Replacement Parts
KME shall state and list those parts of the apparatus that are exclusively manufactured and sold by apparatus manufacturer, which are not available through regular manufacturing jobbers or retail outlets within the Los Angeles County area.

A positive guarantee stating that the manufacturer will make available a complete stock of these captive parts is required. KME manufactured parts shall be available for vehicles’ life cycle of 20 years.

SMFD Performed Warranty Work
KME expressly agrees that the SMFD has the option to perform any and all warranty repairs, on a case-by-case basis, according to the terms of the warranty agreement as articulated in this specification.

Reimbursements to SMFD for warranty work performed shall include labor and parts. Labor

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
rates shall be reimbursed at an hourly rate of $124.00, based upon the SMFD internal shop rate.

KME shall reimburse SMFD their stated shop hourly rate for repair time up to the maximum labor time allowed as listed in Motor Truck and Van Labor Time Guide (current edition at time of repair).

For repairs for which no published standard time exists, KME shall reimburse customary and reasonable time.

Should SMFD elect to tow apparatus for warranty repair, KME agrees to reimburse SMFD at the local towing rate which is $220.00 per hour.

SMFD shall retain the option to send apparatus to any authorized sub-component dealer for warranty repairs.

KME shall provide support, information, and direction on warranty issues, including verifying eligibility and coverage, pre-approving warranty repairs, and processing warranty claims. Said warranty support shall be provided for the duration of the warranty.

SMFD in collaboration with the Santa Monica Big Blue Bus Fire Shop repair facilities, tools, equipment, and staffing shall be deemed satisfactory, adequate, and authorized by KME to perform all warranty repairs of apparatus purchased under this specification.

KME shall provide SMFD mechanics and warranty administration staff with factory training and/ or certification as may be required to perform warranty repairs and to process warranty claims.

The SMFD shall have the option, with KME approval, to identify, schedule, diagnose, and repair all warrantable defects using industry established and accepted fleet maintenance practices.

Defective parts shall only be replaced with new or SMFD approved factory reconditioned parts.

SMFD’s and or the Santa Monica Big Blue Bus work order shall be deemed acceptable for warranty documentation. To fully document defects, symptoms, diagnosis, test results, repairs, and parts used (if any), said work order shall show complaint, cause, and correction where:

Complaint: The perceived, observed, or verified defect, malfunction, failure, performance anomaly, or manufacturer’s repair campaign recall.

Cause: Reason for repair, validation of complaint, and justification for approving the warranty claim. This section may include troubleshooting and / or diagnostic methods used, test results, and identification of failed components and or location of complaint. Complaints that cannot be validated may be noted as “O.K. at this time”.

Correction: Specific action taken by the SMFD to solve problem(s) including what parts, if any, were replaced. Complaints that are not validated may be listed as “no action taken”.

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
SMFD shall submit warranty repair claims in writing by e-mail or by telephone. KME shall provide contact information including: manufacturer’s name, address and phone numbers.

KME agrees that SMFD’s and/or the Santa Monica Big Blue Bus invoice for warranty labor and parts reimbursement is acceptable documentation for billing on all warranty claims.

Invoicing will be “per apparatus” and sent to the KME within twenty (20) days of the completion of each job.

KME shall provide a written response via e-mail acknowledging receipt of each warranty claim submitted by the SMFD by the end of the next business day after the claim is submitted.

KME response shall indicate whether or not the claim is covered under warranty.

KME shall reimburse SMFD’s actual cost for any and all parts used to correct a warranty defect regardless of where parts are purchased. Said reimbursement shall be reimbursed and paid directly to the City of Santa Monica. SMFD will provide address for reimbursement check to mailed. KME will pay within 30 days after manufacturer receives SMFD’s billing invoice.

KME shall provide SMFD with monthly accounting of pending, approved, and rejected claims.

KME shall submit disputes for all payment claims by the end of the fifth business day after invoice is submitted by SMFD.

By the end of the fifth business day, KME shall explain in writing specific reason(s) and/or cause for all rejected and unpaid warranty repair claims.

KME shall provide an appeals process for all disputed and unpaid claims. Said appeals process will expressly grant SMFD the right to re-submit any claim to any level of vendor management for further consideration for approval and / or payment. KME shall explain in writing specific reason(s) and/or cause for all warranty repair claims at each level of review.

KME shall allow for periodic review and increase of City of Santa Monica’s shop labor rate for all warranty repairs completed by SMFD, not to exceed 3% per year.

Five (5) Year Cummins Base Warranty
The proposed unit will be equipped with a Fire Service rated engine, which will come furnished with a five
(5) year Engine Manufacturer's warranty. A copy of the manufacturer's warranty will be supplied to define additional details of the warranty provisions.

Five (5) Year Allison Evs Transmission Warranty

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
The proposed Allison transmission will be provided with a five (5) year warranty. A copy of the Allison transmission warranty will be supplied to the purchaser to define additional details of the warranty provisions.

Lifetime Frame Rail Warranty
The proposed KME custom chassis frame and cross members will be warranted to the original purchaser for the life of the vehicle. A copy of KME's frame rail warranty will be supplied to define additional details of the warranty provisions.

Five (5) Year Meritor Single Axle Rear Warranty
The Meritor axle/s shall be furnished with a five (5) year warranty; the first two (2) years shall be parts and labor, the remaining three (3) years shall be parts only. Wheel seals, gaskets and wheel bearings shall be covered for one (1) year providing that Meritor supplies and assembles the wheel end equipment. A copy of the warranty from Meritor shall be supplied to define additional details of the warranty provisions. For vehicles that operate full or part-time outside of the United States and Canada, a one (1) year parts only warranty shall apply.

Ten (10) Year Body Structural Warranty
The proposed body will be warranted against structural defects for a period of ten (10) years from the SMFD approved in-service date of the unit. Details of warranty coverage, limitations and exclusions are included in the specific warranty document.

Ten (10) Year Cab & Body Corrosion Warranty
The cab and body shall be warranted against rust-through or perforation, due to corrosion from within, for a period of ten (10) years. Perforation is defined as a condition in which an actual hole occurs in a sheet metal panel due to rust or corrosion from within. Surface rust or corrosion caused by chips or scratches in the paint is not covered by this warranty.

Five (5) Year Front Suspension - Steertek Warranty
The Hendrickson Steertek NXT front axle shall be provided with a five (5) year parts and labor warranty and shall include the axle and kingpin assembly, the steering arm assembly, and the upper and lower steering knuckle assembly.

The warranty for the integrated suspension components shall be two (2) years or two hundred fifty thousand (250,000) miles, whichever occurs first.

The integrated suspension components covered under this two-year warranty are limited to:
• Front Frame Hanger Assemblies
• Rear Shackle Assemblies
• Jounce Stop Assemblies
• Rear Frame Hanger Assemblies
• Shock Absorbers
• Shock Absorber Brackets
• Leaf Spring Assemblies

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
A copy of the Hendrickson Steertek NXT Warranty shall be provided to define additional details of the warranty provisions.

Three Year (3) Hendrickson Air Ride - Single Axle
Hendrickson warrants suspension products manufactured by it to be free from defects in material and workmanship which occur under normal use and service for a period of three (3) years (base year + 2 years).

This warranty will not apply, and no warranty of any kind will exist as to any product which has been subject to abuse, misuse, neglect, misapplication or accident of any type or cause, or which has been repaired, replaced, substituted or used with parts other than genuine Hendrickson parts or altered by anyone.

Lifetime Poly Tank Warranty - All Tanks
The proposed water tank will be warranted by the water tank manufacturer for the "Lifetime" of the unit. A copy of the manufacturer's warranty will be supplied to define additional details of the warranty provisions.

Hale Fire Pump Limited Standard Warranty
Hale Products, Incorporated ("Hale") hereby warrants to the original buyer that products manufactured by Hale shall be free of defects in material and workmanship for a period of five (5) years from the date product is first placed into service or five and one-half (5 1/2) years from date of shipment by Hale, whichever period shall be first to expire. Within this warranty period, Hale will cover parts and labor for the first two (2) years and parts only for years three (3) through five (5).
10 Year (10) Warranty Akron Heavy Duty Valve
Akron Brass warrants Heavy Duty Swing-Out Valves for a period of ten (10) years after purchase against defects in material or workmanship. Akron Brass shall repair or replace any Heavy Duty Swing Out Valve which fails to satisfy this warranty.

Class 1 - Electrical Product Warranty
Class 1 warrants that any equipment of our own manufacture (or manufactured for us pursuant to our specifications) found to have defects in material or workmanship during normal use and service, will be repaired or replaced (at our option) free of charge, provided that written notice of such defect is received by us within two years (three for liquid-filled gauges) after initial shipment.

All equipment requiring repair or replacement under this warranty will be returned prepaid to Class 1. Such returned equipment will be examined by us and, if found to be defective as a result of materials failure or workmanship, will be repaired or replaced at no charge.

Five (5) Year Warranty Bostrom Seating
H.O. Bostrom will warrant each new seat manufactured, to be free from defects in materials and workmanship when delivered to the original purchaser for a period of five (5) years.

Labor to remove or reinstall and transportation of defective items will not be covered by, or any

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Exhibit E-3A
allowance made for the said cost under this warranty.

Corrosion Treatment
Upon apparatus completion, underside of the apparatus, from the pump enclosure-back, shall have anti-corrosion film applied to help inhibit rust and the corrosion process. The semi-firm wax film shall be applied by air spray method. The film shall be applied as a minimum to the following areas: body substructure, underside of all body compartments, running board supports and rear step supports. No film shall be applied directly to the exhaust system or wheel wells.

NOTE: The film shall remain semi-firm to promote self-sealing. The film may leave a light tinted color to those areas treated.

Additional Items Shipped With Vehicle
• 1 - Pint of touch up paint for each color
• 1 - Bag of assorted stainless-steel nuts and bolts
Vehicle Class Tier 0
Service And Parts Manuals
The Contractor shall provide the following material on USB thumb drives, along with hard copies. Hard copy material shall be in suitable three (3) post binders clearly identified with the manufacturer and model number.

Manuals shall include isometric, phantom, and schematic illustrations as necessary to completely describe each system including but not limited to locations and routing of air, hydraulic, water lines, and electrical harnesses.

Four (4) complete operator’s manuals.

Three (3) complete sets of parts manuals to include engine, transmission, and chassis cab.

Three (3) complete sets of overhaul manuals to include engine, transmission.

Three (3) complete pre-recorded, on Flash and or USB drive format, shall be provided that will explain in detail, maintenance procedures, points of lubrication, lubricant type and the amount to be used at each location requiring lubrication. The Flash or and or USB drive program shall be approved by the SMFD for acceptance.

All documentation, printed material, books, USB thumb drives, charts and schematics shall be “exact” as built of the specified apparatus herein.

Failure to provide the aforementioned information with the apparatus when delivered shall be cause for non- acceptance, NO EXCEPTIONS.

Component Data
KME shall deliver with the apparatus to the SMFD’s Logistics Captain with the following data and information. Information shall be bookmarked in the electronic file and provided in USB thumb drive with and hard copy; indexed, in a three (3) ring binder:
• Fluid data, type and capacity.
• Engine oil.

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
• Engine coolant.
• Chassis transmission.
• Drive axles.
• Power steering.

KME shall provide the following part numbers, model numbers and part serial numbers:
• Front axle.
• Drive axles.
• Engine.
• Transmission.
• Year built.
• Year model.

KME shall provide a data plate on the apparatus with the following information:
• Manufacturer.
• Vehicle Make, Model & Year.
• Front Axle Loading.
• Rear Axle Loading.
• Tire Manufacturer and Model.
• Tire Pressures.
• Crew Capacity.
• Fuel Tank Capacity.
• Engine Coolant (Fluid Type & Capacity).
• Engine Oil (Fluid Type & Capacity).
• Transmission (Fluid Type & Capacity).
• Power Steering (Fluid Type & Capacity).
• Drive Axle (Fluid Type & Capacity).
• A/C Refrigerant (Fluid Type & Capacity).

Operator’s Manual - Maintenance Personnel & Operator Familiarization KME shall supply one (1) standard Operator’s Manual (Logbook) with each unit delivered. A draft operator’s manual shall be ready for inspection at the time of Final Inspection. Operator’s manual shall also be bookmarked by section and available on USB thumb drive.

The SMFD will review the draft manual for a minimum of thirty days at which time the SMFD reserves the right to accept or reject the manuals. Following the 30-day review period the Contractor shall have a minimum of thirty (30) days to make corrections.

Following the correction period, SMFD may withhold from payment $2,500.00 for each apparatus delivered until such time as the manuals are delivered and approved by the SMFD.

The manual shall cover all aspects of apparatus operation, maintenance, lubrication, fluids used, and capacities used in all components. A photo layout of all service and maintenance points shall be provided with manual.

A complete pictorial shall be included to identify cab layout and operation, lubrication points, oil drain locations and filters.

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
A sample Operation Manual (Logbook) will be provided upon request.

Maintenance Personnel Familiarization
KME shall provide an on-site program for training of Fire Department maintenance personnel for each model year of apparatus ordered. Classes shall be held in Santa Monica, CA 90401 and location will be determined by the Santa Monica Fire Department.

The program shall be designed to assure complete understating, trouble shooting, diagnosis and repair of the apparatus engine, transmission, electrical system (both 12-volt and 120-volt) and suspension system.

Upon completion of the apparatus order, manufacturer’s representative shall contact the SMFD Logistics Captain (310) 458-2619 to coordinate training dates.

The apparatus manufacturer KME shall provide a training program regarding the use of the apparatus equipment, servicing, operating and driving.

Training shall be conducted with the use of handouts, training manuals, PowerPoint, and hands-on demonstrations relative to the correct operation and maintenance of the vehicle.

The apparatus manufacturer shall bear all costs associated with this training including, but not limited to registration fees, manuals, texts, or other instructional materials.

The training shall be separate from acceptance testing or repairs provided by the manufacturer.

The training shall include classroom as well as practical training.

A copy of any training USB drive, PowerPoint, handout or other media used in driver operator training will be provided to the SMFD Training Officer to be used during recurrent training.

The training shall take place on three different days so that each shift at the Fire Station can receive training. A fourth day shall be scheduled for any needed make-up training.

Loose Equipment List and Shipping Requirements
Shipment of all loose equipment shall be packaged in a properly sized cardboard box. The vehicle shop number shall be written on the boxes. An inventory control sheet shall be attached to the top of the boxes and shipped with the apparatus to the Santa Monica Fire Department Fire Administration Building 333 Olympic Dr. Santa Monica, CA 90401.

The boxes and inventory control sheet(s) shall be delivered to the SMFD Logistics Captain so that they can be recorded as received.

The following is a list of items, included in this specification, that are to be shipped loose as specified above:
• End Product Questionnaire (EPQ)

DocuSign Envelope ID: BD964444-8052-4190-BF77-6BC9B0671D03

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Exhibit E-3A
• Dyno performance report
• Engine overhaul manuals
• Frame drawings and analysis
• Air system schematic
• Electrical schematics
• Back-Up wireless device transmitter
• Vehicle Data Recorder download harness & software (1 each) • Weatherpak Response components
• Chock blocks (2 each) – delivered with each new apparatus • Service and Part manuals
• Component data binder
• Operator’s Logbook
• Certification documents & test reports
NOTE: The above listed items are the minimum items that are to be shipped loose with the vehicle. There is a possibility that additional items may be added to this list during the PreConstruction Meeting. A final loose equipment shipment list will be finalized and created by the manufacturer during the Final Inspection.

Vehicle Registration
The contractor shall make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates. License plates (hard plates) shall be installed on the apparatus prior to apparatus being accepted by the SMFD.

The registered owner shall be shown exactly as outlined below on all forms where the registered owner is listed, (use abbreviations exactly as shown):

Registered Owner
City of Santa Monica Fire
Department
333 Olympic Dr.

Santa Monica, CA 90401
Note: Prior to applying for exempt license plates, KME shall contact the Santa Monica Fire Department’s Logistics Captain at (310) 458-2619 to obtain a City of Santa Monica equipment identification number for each vehicle. This number must appear on the final registration certification.

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Hemet City Council
Purchase of (2) 2023 KME Engine Pumper’s - Fire Department March 8th, 2022

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Strategic Plan Integration
Objective5: Operate ina financially sustainable manner.

Goal One:

Goal Five:

Objective 3: Increase Public Safety visibility and response.

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Background:
• Currently the Hemet Fire Department has a total of eight fire engines and one aerial truck company, for a total of nine apparatus designed to meet the departments mission. Five of these are considered "front line' which means they are staffed on a daily basis and able to respond 24/7/365. Three of these front line units were manufactured in 2002, 2002, and 2005. One new KME pumper that was ordered in April 2020 will be in service mid March 2022 and will replace the current Engine 1. This replacement will allow the current Engine 1 to be placed out of service and be sold at auction .

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Background
• The department will continue to maintain two "reserve" engines. These reserve engines are used when front line apparatus are out of service, in for repair, or to temporarily augment the City's response during local and state disasters. The department must maintain a fleet of reserves due to continual mechanical issues with an aging fleet.

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Bid Process
• As a result, the apparatus committee field-tested fire apparatus from manufacturers such as KME and Pierce Manufacturing in late 2019. Members of the apparatus committee inspected and drove each of the apparatus around the city to judge performance on the road surfaces, dips and other elements unique to the City of Hemet. The KME apparatus specification that was ordered in April 2020 and will be in service in March 2022 is the preferred apparatus of the committee. Furthermore, the Santa Monica Fire apparatus specification mirrored the current Hemet Fire Department apparatus, which allows the opportunity to piggyback on their competitive bid contract and avoid the need for purchasing to go out to bid. Therefore, the apparatus committee’s recommendation is to purchase a new engine based on the specification provided by Santa Monica Fire Department.

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• One (1) 2023 KME Engine • KME Type I $734,010.00 • Performance Bond $ 3,200.00 • Inspection Trips $ 11,700.00 • Cali Tire fee $ 10.50 • Calif Sales Tax $ 64,225.88 • TOTAL $ 813,146.38 • Up Fitting $ 50,000 • Grand Total $ 863,146.38 • Two (2) 2023 KME Engine’s • KME Type I $ 1,468,020.00 • Performance Bond $ 6,400.00 • Inspection Trips $ 11,700.00 • Cali Tire fee $ 21.00 • Calif Sales Tax $ 128,451.75 • TOTAL $ 1,626,292.76 • Up Fitting $ 100,000 • Grand Total $ 1,726,292.76 Fiscal Impact:

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Recommendation
:

It is respectfully recommended that the Hemet City Council adopt a Resolution to approve the purchase of (2) 2023 KME Type I Pumpers on a Severe Service chassis in the amount of $1,626,292.76, Additional funding of $100,000.00 ($50,000.00 per Engine) is also requested to up fit each Engine, and authorize the Finance Director to record a supplemental appropriation in the amount $813,146.38 in account # 115-3241-5400 for this purchase, and authorizing the City Manager to execute all documents regarding the purchase order.

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2021
-2029 Housing Element Update

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Discussion & Follow Up

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to Agreement for Services Between the City of Hemet and Harris & Associates, Inc. Changing the Total Not-to-Exceed Compensation Amount for Option Year One from $267,904.52 to $289,071.00 and Option Year Two from $338,262.61 to $381,018.90 and Amending Exhibit B which Contains the District List to Add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe) and Authorizing the City Manager to Execute the Amendment and Purchase Orders in Support of the Amendment
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the First Amendment to Agreement for Services between the City of Hemet and Harris & Associates, Inc., changing the total not-to-exceed compensation amount for Option Year One from $267,904.52 to $289,071.00 and Option Year Two from $338,262.61 to $381,018.90, and amending Exhibit B which contains the District List to add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe), and authorizing the City Manager to execute the Amendment and purchase orders in support of the Amendment.

BACKGROUND:

The City of Hemet currently administers the contract maintenance services and annual levy of property assessments for the Landscape and Lighting Maintenance Districts (LLMD) and the Community Facility Districts (CFD) within the City. Each of these special districts requires complex annual budget preparation and submission of individual parcel assessment information for revenue collection by the Riverside County Assessor. Assessments levied support various maintenance and public safety services defined by each district.

On March 27, 2019, the City of Hemet entered into an Agreement with Harris & Associates, Inc. a municipal engineering and financial firm, for both LLMD and CFD administrative services that provides analysis and preparation of the City’s annual engineering reports related to annual property

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assessments. The current Agreement is for a three (3) year term with the option of two (2) one-year extensions. Over the past three years Harris & Associates, Inc. has provided consistent service and has responded to all requests in an efficient and timely manner. Harris & Associates, Inc. currently provides the following services:
•Annual preparation and submission of existing landscape and lighting maintenance district levies. •Formation of new lighting and landscape maintenance districts. •Annual preparation for levy of the Public Safety Community Facilities District. •Annual preparation for levy of the Heartland Community Facilities District. •Formation of new community facilities districts.

ANALYSIS:

Section 3 of the Agreement provides that additional work shall not be performed unless such additional services are approved in writing. The City of Hemet has established three (3) new districts since the Agreement was entered into that the City desires to add to the Agreement, namely, CFD 2019-01 (McSweeny), CFD 2021-01 (Saddleback), and CFD 2021-02 (Heritage Point). Each of these districts’ administration fees will be used towards the costs of administration under the First Amendment.

Section 4 of the Agreement provides that the total not-to-exceed amount through option year one (1), if exercised by the City, shall be $267,904.52 and through option year two (2) if exercised by the City, shall be $338,262.61. With the addition of the three (3) new districts, the not-to-exceed amount through Option Year One (1), if exercised by the City, will increase to $289,071.00 and through Option Year Two (2), if exercised by the City, will increase to $381,018.90.

The not-to-exceed amount is broken down as follows:

Annual Total Cumulative Cost Term Type
Year 1 $65,000.00 $65,000.00 Initial
Year 2* $66,300.00 $131,300.00 Initial
Year 3* $67,276.00 $198,926.00 Initial
Year 4* $90,145.00 $289,071.00 Optional
Year 5* $91,947.90 $381,018.90 Optional
Years 2 - 5 *Includes 2% escalator, Years 4 - 5 include fees for three additional CFD's The agreement will allow staff to maintain continuity of workflow and to continue to move forward efficiently and effectively with special district work already in motion. The City is currently experiencing an increase in development, and our goal is to keep current development projects moving forward and to avoid creating delays. The service level provided by Harris and Associates, Inc. has met all of the City's expectations.

Staff is recommending that the Council consider approval of the First Amendment to Agreement for Services to amend Exhibit B, which contains the District list to add, CFD 2019-01 (McSweeney), CFD 2021-01 (Saddle Point), and CFD 2021-02 (Heritage Pointe) and to amend Section 4 of the Agreement to increase the not-to-exceed amount to account for the administration fees for these districts.

PREVIOUS COUNCIL ACTION:

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On March 27, 2019, the City Council approved the Agreement for Services between the City of Hemet and Harris & Associates, Inc.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

By continuing this agreement, the City will be able to ensure that the LLMDs and CFDs are adequately funded and appropriately administered in order to maintain the landscaping in a good and attractive state.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

There is no impact to the General Fund. Funds for the administration of the LLMDs and CFDs are included in the annual assessments paid by the property owner of each district and will be included in FY 22/23 budget.

ALTERNATIVE(S):

Decline the approval of the amendment and provide alternative direction to staff.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: Resolution
Attachment 2: First Amendment - Harris
Attachment 3: Exhibit B
Attachment 4: Agreement for Services

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CITY COUNCIL RESOLUTION BILL NO. 2022-____
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION NO. 22-____
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNIA APPROVING THE FIRST AMENDMENT TO
10 AGREEMENT FOR SERVICES BETWEEN THE CITY OF HEMET
11 AND HARRIS & ASSOCIATES, INC., CHANGING THE TOTAL
12 NOT-TO-EXCEED AMOUNT FOR OPTION YEAR ONE FROM
13 $267,904.52 TO $289,071 AND OPTION YEAR TWO FROM
14 $338,262.61 TO $381,018.90 AND AMENDING EXHIBIT B WHICH 15 CONTAINS THE DISTRICT LIST TO ADD CFD 2019-01
16 (MSWEENY), CFD 2021-01 (SADDLE POINT) AND CFD 2021-02 17 (HERITAGE POINTE) AND AUTHORIZING THE CITY MANAGER
18 TO EXCUTE THE AMENDMENT AND PURCHASE ORDERS IN
19 SUPPORT OF THE AMENDMENT.
20 21 The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) 22 does resolve as follows:
23 24 WHEREAS, City and Service Provider entered in an Agreement for Services March 25 27, 2019 (“Agreement”). The Agreement provides that Service Provider will perform 26 administrative services for the City of Hemet’s districts (e.g., community facilities districts). 27 28 WHEREAS, Section 3 of the Agreement provides that additional work shall not be 29 performed unless such additional services are approved in writing. 30 31 WHEREAS, Section 4 of the Agreement provides that the total not-to-exceed 32 amount through option year one (commencing on March 27, 2022), if exercised by the 33 City, shall be $267,904.52 and through option year two (commencing on March 27, 2023), 34 if exercised by the City, shall be $338,262.61.
35 36 WHEREAS, The City of Hemet has established three new districts since the 37 Agreement was entered into that the City desires to add to the Agreement, namely, CFD 38 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe). 39 Each of these districts charges an administration fee that will be used towards the costs of 40 administration under this First Amendment.
41 42 WHEREAS, This First Amendment amends amends Exhibit B, which contains the 43 District List to add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 44 2021-02 (Heritage Pointe), and amends Section 4 to increase the not-to-exceed amounts 45 to account for the administration fees of these districts. 46 .

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CITY COUNCIL RESOLUTION BILL NO. 2022-____
1 2
3 NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY 4 FIND AND RESOLVE that the City Council approve the First Amendment to Agreement for 5 Services between the City of Hemet and Harris & Associates, Inc. changing the total not-to exceed 6 compensation amount for option year one from $267,904.52 to $289,071 and option year two 7 from $338,262.61 to $381,018.90 and amend Exhibit B which contains the District List to add CFD 8 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe) and 9 authorize the City Manager to execute the Amendment and purchase orders in support of the 10 Amendment.
11 12
13 14
15 PASSED, APPROVED, AND ADOPTED this 8
th 16 day of March, 2022.
17 18
19 20
21 Malcolm Lilienthal, Mayor
22 23
24 25 ATTEST: APPROVED AS TO FORM:
26 27
28 29 John Maier, City Clerk Steven Graham
30 City Attorney
31 32

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CITY COUNCIL RESOLUTION BILL NO. 2022-____
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing 7 resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 8 th 8 day of March,
9 2022 by the following vote:
10 11
12 AYES:
13 NOES:
14 ABSTAIN:
15 ABSENT:
16 17
18 19
20 John Maier, City Clerk
21 22
23 24
25 26
27 28
29

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FIRST AMENDMENT TO

AGREEMENT FOR SERVICES
by and between
the

CITY OF HEMET
and
HARRIS & ASSOCIATES, INC.

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2 FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This First Amendment to Agreement for Services (“First Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California municipal corporation (“City”), and Harris & Associates, Inc., a California Corporation (“Service Provider”), as follows:

RECITALS
A. City and Service Provider entered in an Agreement for Services March 27, 2019 (“Agreement”). The Agreement provides that Service Provider will perform administrative services for the City of Hemet’s districts (e.g., community facilities districts).

B. Section 3 of the Agreement provides that additional work shall not be performed unless such additional services are approved in writing.

C. Section 4 of the Agreement provides that the total not-to-exceed amount through option year one (commencing on March 27, 2022), if exercised by the City, shall be $267,904.52 and through option year two (commencing on March 27, 2023), if exercised by the City, shall be $338,262.61.

D. The City of Hemet has established three new districts since the Agreement was entered into that the City desires to add to the Agreement, namely, CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe).

Each of these districts charges an administration fee that will be used towards the costs of administration under this First Amendment.

E. This First Amendment amends Exhibit B, which contains the District List to add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe), and amends Section 4 to increase the not-to-exceed amounts to account for the administration fees for these districts.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [Compensation and Method of Payment]. Section 4 of the Agreement is hereby amended to change the total not-to-exceed compensation amount under paragraph (a) for option year one from $267,904.52 to $289,071 and option year two from $338,262.61 to $381,018.90.

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3 1.2 [District List]. Exhibit B of the Agreement is hereby replaced by Attachment 1 to this First Amendment, which adds the following districts to the list: CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe).

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2 Integration. This First Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.

2.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Service Provider.

2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY:

THE CITY OF HEMET
By:_________________________________
Christopher Lopez, City Manager
ATTEST:
______________________________
John Maier, City Clerk

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4 APPROVED AS TO FORM
______
Steven Graham, City Attorney
SERVICE PROVIDER:

By:

Name:

Title:

By:

Name:

Title:

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EXHIBIT “B”

COMPENSATION
City of Hemet
District List
The following is a detailed list of City of Hemet Districts and their respective fund numbers as of January 2022.

COMMUNITY FACILITIES DISTRICTS
COUNTY
FUND
NUMBER

COUNTY FUND NAME
68-2399 CITY OF HEMET HEARTLAND CFD
68-2390 HEMET CFD 2005-1 PUB SAFETY
68-0363 CFD 2019-01 MCSWEENY SPECIAL TAX A
TBD CFD 2021-01 SADDLE POINT
TBD CFD 2021-02 (HERITAGE POINTE)
(TBD) = To Be Determined

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LANDSCAPE MAINTENANCE DISTRICTS (LMD) LANDSCAPE MAINTENANCE DISTRICTS (LMD) COUNTY
FUND
NUMBER

COUNTY FUND NAME
COUNTY
FUND
NUMBER

COUNTY FUND NAME
68-2406 ORIGINAL DISTRICTS 68-8636 (D) HIDEAWAY 33
68-2410 ORIGINAL DISTRICTS 68-8628 ENCLAVE 35
68-2394 STONEY MTN 19-4 68-8638 MCSWEENEY 36
68-2392 HEARTLAND 19-5 68-8605 MONTERO 37
68-8614 PACIFIC GREEN 20A 68-8632 SV INVESTMENTS 39
68-2403 ORCHARD 20B 68-8640 EMERSON 42
68-8609 COTTONWOOD 22 68-8630 PALOMINO 43
68-2396 CREAN 23 68-8643 VILLA DE MADRID 46
68-2398 MONTANA 23-1 68-8646 RANCHO
68-8601 WILDFLOWER 23-2A 68-8650 (D) SALVATION ARMY 51
68-8603 WOODCREST 23-2B 68-8652 SEVEN HILLS 52
68-8600 COVENANT 23-3 68-8653 (D) PRINCE OF PEACE 53
68-8616 AUTUMN RIDGE I 23-4 68-8655 HABITAT FOR HUMANITY 54 68-2415 AUTUMN RIDGE II 44 68-8657 SAHARA / OASIS SENIOR VILLAS 55 68-8618 MENLO ESTATES 23-5 68-2436 AP NORTH LAKE SOLAR 101 68-8620 MENLO ESTATES II 23-5B 68-0014 (D) OAK TREE 102 68-8611 KALPESH A & B 24 68-0016 REDLINE EXPRESS CAR WASH 103 68-8612 FLORIDA AVE 25 68-0026 (D) TRACTOR SUPPLY COMPANY 104 68-8624 WILLOWALK 26 68-0028 (D) LES SCHWAB TIRES 105
68-8622 FLOWERWOOD 27 (D) HEMET AUTO MALL 106
68-8624 PEPPERTREE 29 (D) MARANA 1075
(D) = Dormant District

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STREETLIGHT MAINTENANCE DISTRICTS (SMD) STREETLIGHT MAINTENANCE DISTRICTS (SMD)
COUNTY
FUND
NUMBER

COUNTY FUND NAME
COUNTY
FUND
NUMBER

COUNTY FUND NAME
68-2393 STONEY MTN 19-4 68-8626 HORSESHOE 31
68-2395 CREAN 23 68-8627 ENCLAVE 35
68-2397 MONTANA 23-1 68-8629 PALOMINO 43
68-2402 AP NORTH LAKE SOLAR 101 68-8631 SV INVESTMENTS 39 68-2405 ORIGINAL DISTRICTS 68-8633 PEPPERTREE 29
68-2407 ORIGINAL DISTRICTS 68-8635 HIDEAWAY 33
68-2408 PARKHILL 19-PHR 68-8637 MCSWEENEY 36
68-2412 N. ANNEXATION 21 68-8639 EMERSON 42
68-2447 AUTUMN RIDGE II 44 68-8644 VILLA DE MADRID 46
68-8599 COVENANT 23-3 68-8645 RANCHO DIAMONTE 47
68-8602 WOODCREST 23-2B 68-8647 CLEAN STREAK & ESPLANADE 49 68-8604 MONTERO 37 68-8648 GUARANTY, PROMENADE,
SANDERSON 50
68-8606 ORCHARD 20B 68-8649 SALVATION ARMY 51
68-8608 COTTONWOOD 22 68-8651 SEVEN HILLS 52
68-8610 KALPESH A&B 24 68-8656 HABITAT FOR HUMANITY 54
68-8613 PACIFIC GREEN 20A 68-8658 SAHARA / OASIS SENIOR VILLAS 55 68-8615 AUTUMN RIDGE I 23-4 68-0015 OAK TREE 102
68-8617 MENLO ESTATES 23-5 68-0025 TRACTOR SUPPLY COMPANY 104 68-8619 MENLO ESTATES II 23-5B 68-0027 LES SCHWAB TIRES 105 68-8621 FLOWERWOOD 25 68-0284 HEMET AUTO MALL 106 ZONE A 68-8623 WILLOWALK 26 68-0285 HEMET AUTO MALL 106 ZONE B 68-8625 DURANGO 27 68-0194 MARANA 107
I. Service Provide shall use the following rates of pay in the performance of the Services:

POSITION RATE
PROJECT ENGINEER $285.00
PROJECT MANAGER $150.00
SENIOR PROJECT ANALYST $145.00
PROJECT ANALYST $125.00
GIS CONSULTANT $150.00
DATABASE ADMINISTRATOR $150.00
ADMINISTRATIVE SUPPORT $100.00

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II. Special District Administrative Fixed Fees:

The table below summarizes and totals all the maximum annual fixed administration fees for the various special district types.

DISTRICT
FY 2022-23
BASE FEE1 FY 2022-23 MAXIMUM FEE2
LMD N/A $18,041
SMD N/A $16,979
CFD 2005-1 (PUBLIC SAFETY SERVICES) N/A $12,734
CFD 1999-1 (HEARTLAND) N/A $13,796
CFD 2021-01 (SADDLE POINT) $6,242 Base Fee + $2 per parcel NTC $6,830 CFD 2021-02 (HERITAGE POINTE) $6,375 Base Fee + $2 per parcel NTC $6,973 CFD 2019-01 (MCSWEENY) $6,367 Base Fee + $2 per parcel NTC $7,363 WEED ABATEMENT N/A $4,245
INCIDENTALS/REIMBURSABLE EXPENSES N/A $3,184
TOTAL $90,145
1Base Fee as defined in the CFD formation proposal escalated by 2% annually to the FY 2022-23 rate. 2 For those CFDs listed above that are not completely built out, the maximum administration fee shall be the Base Fee plus $2 per parcel that has been issued a final building permit.

NTC = Not-to-Exceed
III. New Special District Formation and Annexation Service Fees Compensation for new district formations and annexations into existing districts will be completed based upon the fees shown below:

A. LLMD Formations and Annexations:

NEWLY CREATED NUMBER OF PARCELS
IN THE ENGINEER'S REPORT1 BASE FEE PER PARCEL FEE
1 through 10 $5,462.10 $104.04
11 through 150 $5,982.30 $52.02
151 through 400 $6,502.50 $20.81
401+ $7,022.70 $10.40
1 Same fee for combined LLMD or separate LMD and SMD engineer's reports

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B. CFD Formations/Annexations:

CFD FORMATION FY 2022-23 FEE
Formation of Community Facilities Districts per CFD or CFD Improvement Area: Exact amount to be determined, within the above range, for each Community Facilities District Formation based on the following factors:
$6,900 - $47,700
Community Facilities Districts (Bonded):
a. Improvement Areas
b. Potential Bond Sizing
c. Development of cost estimates for facilities funded
d. Number of Bond Series
e. Developed or developing special tax area
f. Land use densities
g. Number of Property Owners
h. Property owner or registered voter election
i. Timing and list of potential improvements funded
j. Timeline for project completion
$6,900 - $47,700
Community Facilities Districts (Non-Bonded):
a. Potential annual special tax revenue required
b. Development of services or maintenance costs to be funded c. Development of capital replacement costs
d. Developed or developing special tax area
e. Land use densities
f. Number of Property Owners
g. Property owner or registered voter election
h. Timing and list of potential services funded
I. Timeline for project completion
Community Facilities District Annexation Services:
b. Expedited method for future annexation areas - per annexation fee $3,700 a. Full CFD Annexation process per annexation $8,000 - $13,200 The following fees are notes herein, and paid by the requesting party (not fees paid by the City):

A. CFD PREPAYMENT CALCULATIONS (PER REQUEST) $850.00
B. NOTICE OF SPECIAL TAX (PER NOTICE) $15.00

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IV. Reimbursable Expenses:

Service provider will be reimbursed for out-of-pocket expenses without any additional mark-up. This includes, but not limited to, the following: Postage, Mileage, Electronic data furnished from the County or other applicable media resources and map reproduction.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding Wheeler Paving, Inc. the 2021/22 SB1 Pavement Rehabilitation Project, CIP 5727, in the Amount of $1,283,386.25, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $128,000, which is approximately 10% of the contract amount, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

A Resolution of the City Council of the City of Hemet, California, Awarding Wheeler Paving, Inc. the 2021/22 SB1 Pavement Rehabilitation Project, CIP 5727, in the Amount of $1,283,386.25, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $128,000, which is approximately 10% of the contract amount, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

BACKGROUND:

The City of Hemet receives Road Maintenance and Rehabilitation Account (RMRA) funds annually to pay for local streets and road improvement projects since the passage of Senate Bill 1 (SB1). The 2021/22 SB1 Pavement Rehabilitation Project is one of those projects eligible for this funding and was approved by City Council as part of the FY 2021/22 SB1 Project list on May 25, 2021.

City staff prepared the bid package for the Project and the City Engineer approved this bid package on January 4, 2022. On January 14, 2022, the Notice Inviting Bids was advertised in the Press-Enterprise.

The bid package was uploaded to PlanetBids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package.

ANALYSIS:

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Project Description:

The Project largely consists of the removal and reconstruction of existing non-compliant ADA access ramps and reconstruction of the existing AC pavement within the El Grande Estates community on the streets and limits below:

Del Mar Drive – El Toro to Eaton Tabla Court – S end to El Rancho El Rancho Circle – El Pueblo to El Pueblo El Paso Way – S end to El Rancho El Toro Circle – El Pueblo to El Pueblo El Pueblo Street – Fruitvale to El Toro La Casa Court – El Rancho to N end Entrada Street – Kirby to El Rancho Ensueno Court – El Rancho to N end El Grande Street – El Toro to El Toro Raquel Court – S end to El Rancho
The timeline for completion of the project is fifty-five (55) working days.

On February 3, 2022, the purchasing office received ten (8) bids, as shown below:

Bidder Total Bid

1. Wheeler Paving, Inc. $1,283,386.25

2. Hardy and Harper, Inc. $1,344,000.00

3. Onyx Paving Company, Inc. $1,384,000.00

4. RJ Noble Company $1,431,718.00

5. Calmex Engineering, Inc. $1,449,825.00

6. Match Corporation $1,470,943.00

7. All American Asphalt, Inc. $1,473,983.00

8. Vance Corporation $1,587,916.00
Engineer’s Estimate $1,341,800.00
Formal bidding procedures were followed in conformance with the Public Contracts Code. A review of the bids was completed, and it was determined by staff that Wheeler Paving, Inc. is the verified lowest responsive and responsible bidder.

Engineering Department staff will provide construction management and inspection services.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Completing CIP projects throughout the City will enhance the visual appearance of the community to make it attractive and reduce blight.

FISCAL IMPACT:

The 2021/22 SB1 Pavement Rehabilitation Project, CIP 5727, is funded by the City’s RMRA allocation of $1,650,000, which is sufficient for award of this recommended agreement and related services. The total estimated project costs are as follows:

Design/Bid Package Preparation $16,500.00

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Construction Contract $1,283,386.25
Contingency (10%) $128,000.00
CM/Inspection $115,000.00
Total $1,542,886.25
There is no General Fund impact.

ALTERNATIVE(S):

1. Do not award the construction agreement to Wheeler Paving, Inc.

2. Provide alternate direction to City Staff.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: Resolution-CIP 5727
Attachment 2: Agreement-Wheeler Paving
Attachment 3: Bids Received-CIP 5727
ex-20220301-Location_Map_21-22_SB1_Pvmt_Rehab

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CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

AWARDING WHEELER
PAVING, INC. THE 2021/22
SB1 PAVEMENT

REHABILITATION PROJECT,
CIP 5727, IN THE AMOUNT
OF $1,283,386.25 AND

WAIVING ANY MINOR BID

IRREGULARITIES AND

AUTHORIZING THE CITY

MANAGER TO EXECUTE

ALL CONTRACT

DOCUMENTS AND

APPROVE ADDITIONAL

CONSTRUCTION

EXPENDITURES NOT TO
EXCEED $128,000, WHICH IS
APPROXIMATELY 10% OF

THE CONTRACT AMOUNT,

AND AUTHORIZING THE

CITY CLERK TO RECORD

THE NOTICE OF

COMPLETION UPON

ACCEPTANCE OF THE

WORK BY THE CITY
ENGINEER.

WHEREAS, the City of Hemet Engineering
Department is responsible for street infrastructure
projects that include reconstruction, rehabilitation, and resurfacing of pavement for approximately 300 miles
of City streets; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, staff recommends to waive any
minor irregularities within the Wheeler Paving, Inc. bid submittal; and
WHEREAS, staff recommends to award a City
of Hemet Contractor Agreement to Wheeler Paving,
Inc., in the amount of $1,283,386.25; and
WHEREAS, staff recommends the City Council
Authorize the City Manager to execute all contract
documents and to approve additional project
expenditures not to exceed $128,000, which is
approximately 10% of the contract amount; and
WHEREAS, staff recommends the City Council
Authorize the City Clerk to record the Notice of
Completion upon acceptance of the work by the City
Engineer.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:

1. Approve the construction
agreement for the 2021/22 SB1
Pavement Rehabilitation Project,
CIP 5727, Citywide Slurry Seal
Project, CIP 5725, to Wheeler
Paving, Inc. in the amount of
$1,283,386.25, and

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CITY COUNCIL RESOLUTION NO. 2022-xxx

2. Waive any minor bid irregularities
within the Wheeler Paving, Inc. bid
submittal, and

3. Authorize the City Manager to
execute all contract documents and
approve additional project
expenditures not to exceed
$128,000, which is approximately
10% of the contract amount, and

4. Authorize the City Clerk to record
the Notice of Completion upon
acceptance of the project.

PASSED, APPROVED AND ADOPTED this 8th
day of March 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was
adopted by the Hemet City Council on the 8th day of
march 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Maier, City Clerk

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CITY OF HEMET BID AND CONTRACT DOCUMENTS

CITY OF HEMET CONTRACTOR AGREEMENT
2021/22 SB1 PAVEMENT REHABILITATION – CIP 5727
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and Wheeler Paving, Inc. (“Contractor”) on the 15th day of February, 2022.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the 2021/22 SB1 Pavement Rehabilitation CIP 5727to be constructed within the El Grande Estates Community, North of Fruitvale and east of Kirby, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

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3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

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 Contract 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.

Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 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”). 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.

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Contractor acknowledges that under California Labor Code sections 1810 et seq., 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 Contract 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.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless City, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

If any action or proceeding is brought against City by reason of any of the matters against which Contractor has agreed to indemnify City as provided above, City need not have first paid for any of the matters to which City is entitled to indemnification in order to be so indemnified. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. The provisions of this section will survive the expiration or earlier termination of this Agreement.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section

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4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“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 that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the

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date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control 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 subcontractors of City.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.

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16. GENERAL PROVISIONS
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 Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract 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 Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, 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 Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, 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 Contract 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 Contract 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 Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract 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 Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

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j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Christopher R. Lopez, City Manager
CONTRACTOR:

Wheeler Paving, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

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EXHIBIT A

CONTRACT DOCUMENTS
City of Hemet Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-

7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

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EXHIBIT B

CONTRACT PRICE
Not to Exceed $1,283,386.25
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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EXHIBIT C

INSURANCE

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $1,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $1,000,000 per occurrence/$2,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

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4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

8. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

9. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

10. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves

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the right to require complete, certified copies of the insurance certificates and endorsements.

11. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

12. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.

Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Wheeler Paving, Inc. as Principal, dated the 15th day of February, 2022 (the Contract), titled the City of Hemet 2021/22 SB1 Pavement Rehabilitation CIP 5727 in the amount of $1,283,386.25, which Contract is by this reference made a part hereof, for the work of the following Contract:
2021/22 SB1 Pavement Rehabilitation CIP 5727

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($1,283,386.25), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in

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connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated February 15, 2022, is in the amount of $1,283,386.25 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Wheeler Paving, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Wheeler Paving, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Pavement Rehabilitation CIP 5727, dated February 15, 2022, in the amount of $1,283,386.25.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations.

Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located.

Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

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responsible
.____W"l "0.t_be
B|DDER'S PROPOSAL
2021/22SB1 PAVEMENTREHABILITATION
CIP No. 5727
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/oruse tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s Addendum1 &A1&2
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposesto furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL (cont’d)

BIDSCHEDULE
BASEBID — 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 CIP No. 5727

ITEM DESCRIPTION
No
1 Mobilization (Not to Exceed 5% of Bid)
2 Traf?c and Pedestrian Control
3 Clearing, Grubbing and Removals
4 Water Quality Control
5 Temporary Construction Project
Identification Sign
6 Field Orders
7 Remove and Replace Ex. Curb and
Gutter
8 Remove and Replace Ex. Cross Gutter
and Spandrel
9 Remove and Replace Ex. Sidewalk
10 Remove and Replace Ex. ADA Access
Ramp
11 Unclassified Excavation
12 Untreated Base
13 Hot MixAsphalt
14 Adjust Manhole to Finish Surface
15 Adjust Valve Can/Lid to Finish Surface
UNIT
LS
LS
LS
LS
EA
LS
LF
SF
SF
EA
CY
TN
TN
EA
EA

ESTIMATED

QUANTITY
10 50
32 6,240
5,400
6,500
37 42
UNIT
PRICE
750.00
$10,000

80.00 15.85

16.00 765.00

EXTENDE
D ITEM
AMOUNT
$10,000
800.00
1 7,775
42,700.00
3,650.50
6,600.00
10,275.00
3,300.00

34.65 28.90

86.58 28.00
42,700.00
3,650.50
6,600.00
10,275.00
2,250.00
123,233.75
800.00
105,600.00
216,216.00
156,060.00
562,770.00
28,305.00
1,176.00

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1-Irnzarkmmttturirvmttwivwvokv-tnatnixnxvvctavcn
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
BASEBID — 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727

EXTENDED

ITEM ESTIMATED UNIT
No

DESCRIPTION UNIT QUANTITY PRICE
ITEM
AMOUNT
Adjust Survey Monument/Can to 16 Finish Surface EA 14 675.00 9,450.00 17 Signing and Striping L8 1 3,500.00 3,500.00
TOTAL BASEBID(numbers) 13281386-25
*************1r**********************
BASEBIDTo-I-AL(in words) One Million two hundred eighty three thousand three hundred eighty six dollars and twenty ?ve cents Contractor's Initials

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Rev. 0
Feluuaty 1020
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont’d) CIP No. 5727
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/oralternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregu|arity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above,

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2021/22SB1 PAVEMENTREHABILITATIONBlDDER'SPROPOSAL(cont'd) CIP No. 5727
including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Complete the following:

Wheeler Paving, Inc, 1000002223, 639771
Legal name of the business, DIRReg. and Contractor License Nos.

Corporation
Business Type (Corporation, Partnership, Sole Proprietor) N/A
DBA(if any)
Richard Wheeler Jr, President
Name and title of the owner
N/A
Name and title of second partner or officer
2734 Avalon St, Riverside California 92509
Business Address
951-685-7283
Telephone number
951-685-5023
Facsimile number
Eric Evens, Eric@whee|erpaving.com
Name and Email address of primary contact
wvvw.wheeIerpaving.com
Company web address
02/03/2022 N/A
Signature of Bidder Date Signature of Bidder Date
Richard Wheeler, Jr. , President N/A
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.)

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont’d) CIP No. 5727

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess_one of the following State Contractor's License State of California Class ‘A’Contractor's License
Combination of Specialty Class ‘C’Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
a. Bears the license number(s) 639771
b. Expires on 4/30/2023
2/03/2022 N/A
Signature of Bidder Date Signature of Bidder Date
Richard Wheeler, Jr., President N/A
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

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Paving,
AmountIn Words)
10% of Their G.A.B.

Grea lest
_ January
Bond No.: CMGB00012
770
CIP
2021/22
No.

SB1 PAVEMENTREHABILITATION BIDDER'SPROPOSAL(cont’d) 5727

BIDSECURITYFORMFOR BOND

KNOWALLBYTHESEPRESENTS
That the undersigned
Wheeler Inc.
(Name of Contractor)
Dollars(S ) lawfulmoney of the United States of America being at least ten (Corporate Seal) Wheeler Paving, Inc.

By
Pri
Argona ny*
By
5 (Corporate Seal) By Gab in'F3°t
Al-8
*c/0 CMGIA,

20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364

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Wheeler Pavinq lnc
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL(cont’d) CIP No. 5727

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares
I am the Presidem of the party making the
foregoing bid
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2/03/2022 date], at Riverside city], California [state].
02/03/22 N/A
Signature of Bidder Date Signature of Bidder Date
Richard Wheeler, Jr., President N/A
Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.)

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2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
CONTRACTOR’SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name: Jim Venable Park
Contract Price: 420.353-00 Date of Completion: February 2020 Name, Address, and Telephone Number of Owner's Representative:

Valley Wide Recreation, 901 W Esplanade Avenue, San Jacinto California , (951)306-2965 , Greg Worthington project Name; Heritage Lake Sports Park
Contract Price: 2»023»065-55 Date of Completion: December 2020 Name, Address, and Telephone Number of Owner's Representative:

Lennar Homes, 980 Montecito Drive, #302, Corona California, (790)771-7238 ,Tony Occhino Project Name, Scott Booster Pump Station
Contract Price: 153953-00 Date of Completion: Ja“”a"Y2021 Name, Address, and Telephone Number of Owner's Representative:

California American Water Company, 8657 Grand Avenue, Rosemead California, (951)943-8803 David Powers
(Attach additional pages as necessary)

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s. Inq
Sevax
2021/22SB1 PAVEMENT
CIP No. 5727
Name of Subcontractor
and Location of Place
of Business
Manhole Adjusting Inc
9500 Beverly Road
Pico Rivera, CA 90660
Cat Tracking Inc
17 Commercial Ave
Riverside, Ca 92507
Pavement Recycling
8 stem
1024 San ne Way
Jurupa Valley, CA 91752
REHABILITATIONB|DDER'S PROPOSAL (cont’d)

DESIGNATIONOF SUBCONTRACTORS
Description of Work Subcontractor’s
License No.

Adjusting manholes,
Adjusting water valves. 398443
Adjusting survey
monument box
Striping 991122
Unclassified 569352 excavation
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
DIR Registration
Number
1000004104
100001 1750
1000003363

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Rev. 0
February 2010
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSAND SUBMITTEDWITHBID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATESAND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKS CHAPTER OF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications.” If a statement of ”Previous DisquaIifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
Bymy signature hereunder, as the Contractor, pursuant to LaborCode Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete] 1000002223 Subcontractors’ registration numbers are as indicated in Document 00 4314.

BIDDER
02/O3/22 N/A
Signature of Bidder Date Signature of Bidder Date
Richard Wheeler, Jr., President N/A
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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IT OF HEMET
O1/04/2022

R VERS DE COUNTY,CALIFORNA

B D AND CONTRACTDOCUMENTS
2021/22SB1 Pavement Rehabilitation
CAP TAL MPROVE ENTPROJECT NO. 5727
Steve R. Loriso, Acting City Engineer Date
R.C.E. No. 64701
This is a prevailing wage project under the laws of the State of California

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PEND X 1

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will not be
resgonsible
B|DDER'S PROPOSAL
2021/22SB1 PAVEMENT REHABILITATION
CIP N0. 5727
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s)
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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\,\0\\»\poo
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

BIDSCHEDULE
BASE BID- 2021/Z2SB1 PAVEMENT REHABILITATION,CIP No. 5727 "N53" DESCRIPTION um ggmfg gm "‘
TfEI'
ZE°
AMOUNT
1 Mobilization(Not to Exceed 5% of Bid) LS 1
2 Traffic and Pedestrian Control LS 1
3 Clearing, Grubbing and Removals LS 1
4 Water Quality Control LS ‘I
5 |1;]l<-:«enr'1itriJfcI_)(r:tri3ér(13c;ri1;t1ruction Project EA 3 6 Field Orders LS 1 $10,000 $10,000
7 gigwgrve and Replace Ex. Curb and U: 10
8 Erignénp/:nadr1r<(:|Rep|ace Ex. Cross Gutter SF 7,775 9 Remove and Replace Ex. Sidewalk SF 50
10 Sgmgve and Replace Ex. ADA Access EA 32
11 Unclassified Excavation CY 6240
12 Untreated Base TN 5,400
13 Hot MixAsphalt TN 6,500
14 Adjust Manhole to Finish Surface EA 37
15 Adjust Valve Can/Lid to Finish Surface EA 42
1‘,ooo
Q‘*\|00BW‘\g
{)oQ
5\c>0°
(M0

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“R,(‘'\,*k ‘?e, Var 5'3»
2021/22SB1 PAVEMENT REHABILITATIONBIDDER'SPROPOSAL (cont'd) CIP No. 5727
BASEBID — 2021/22SB1 PAVEMENT REHABILITATION,CIP N0. 5727

EXTENDE
D
ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT
Adjust Survey Monument/Can to 16 Finish Surface EA 14
17 Signing and Striping LS 1
TOTAL BASE BID(numbers)
***************9:******************** D OF E B'D *****-k********'k***5§***************** BASE BIDTOTAL (in words)
Contractor's Initials
‘Won
’lu‘o’°\"\7v\$f°\"v

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WV. iv
Fehrnm? -£02-n
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
in the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/oralternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedu|e(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedu|e(s).

Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

Allbids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. item numbers followed by "(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above,

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N/A
Michael Munav - mmurrav@ha:dvandharDcr.com
hardyandharper ,
01/24/20
i r
v, Vice President Kristen S. Paulina Corporate Secretarv 2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727
including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Complete the following:

Hardy & Ha:ger,c,InC. / DIR No. 1000000076 / CSLB No. 215952 Legal name of the business, DIRReg. and Contractor License Nos.

Corporation
Business Type (Corporation, Partnership, Sole Proprietor) DBA(if any)
Daniel T M229 — President
Name and title of the owner Michae_1A/I_u;r_ay- Vice President Name and title of second partner or officer
12 Rancho Circle T..al(e Forest CA 0
Business Address
714-444-1851
Telephone number
714-444-9201
Facsimile number
Name and Email address of primary contact
WWW .C0m
Company web address
22 01/24/2022
Signature d Date Signature d Date
Print nam title Print name and title
(if the Bidder is a corporation two signatures of corporate officersare required.)

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(“Q90 /24/2022
Michae Murra K. SE‘ 3 S.
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License State of California Class ‘A’Contractor's License
Combination of Specialty Class ‘C’Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
a Bears the license number(s) 215952
b Expires on
01/24/2022 1
Sign er Date Signature of dder Date
Print name and Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate o?icersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re—eva|uate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

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2021/22SB1 PAVEMENT REHABILITATIONBIDDER'SPROPOSAL (cont’d) CIP No. 5727

BIDSECURITYFORM FOR CHECK
NOTE: THEFOLLOWING FORM SHALLBE USED INTHE CASE OF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars ($ I.this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bid shall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

N/A N/A

N/A N/A

N/A N/A
Print name and title

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Bond No. CSBA—
19690
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont‘d) CIP No. 5727

BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESE PRESENTS:

That the undersigned
Hardy & Harper, Inc.
(Name of Contractor)
as Principal and the undersigned*as Surety are held and firmly bound unto Owner, CITYOF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In words) Ten Percent of the Amount Bid
Dollars ($ 10% _, _) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. *Fide|ity and Deposit Company of Maryland
WHEREAS,said Principal is submitting a Bidfor 2021/22SB1 PAVEMENT REHABILITATION THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in fullforce and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 24th day of January , 20;
(Month)
Hardy & Harper,
(Corporate Seal) By
Principal
By F and it of and
Surety
(Corporate Seal) By
ht Reilly, Attorney-in-Fact

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. _.._...ierson ......
¥ .
-
‘ MORGANLRIERSON ?? Nalary Public- umernla I
§ ; OrangeCounty E
-z,;.';.,/ Commixsianlill?iil ‘
i
MyCemrn.ExpIrev5O<l5,2U15E gnat o otary
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 whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California
County of Orange
On [an Ian! before me_ |\/Inraan F R Nntnru Diihlin
Date Here Insert Name and Title of the Officer
personally appeared Michael Murray
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(X) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/haer/theirauthorized Capacity(ies), and that by his/her/their signature(x) on the instrument the person or the entity upon behalf of which the person(x) acted, executed the instrument. (sx), 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
Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Michael Murray Signer’s Name
I Corporate Officer — Title s) \/ima, Prncirlnnt Corporate Officer — Title(s):

Partner —— Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing Signer ls Representing
l-ardy & Harper. Inc.
©2014 NationalNotaryAssociation - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907

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Melissa Ann Vaccaro, Notary Public
Melissa An Vaccaro

ACKNOWLEDGMENT
A notary public or other of?cer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validitvof that document.

State of California
County of Orange )
On 01/24/2022 before me,
(insert name and title of the officer)
personally appeared Dwight Reilly
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 i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n 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.

MELISSAANNV WITNESS my hand and official seal. comm.#224:gg:RO Notary Public-California
ORANGEcoumrv
Comm.ExpiresMay12,
FRS3
Sign (Seal)

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63?»!/£«‘7(
‘
” &z'c>x..,-
Bond No. CSBA-19690

ZURICH AMERICAN 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 of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, i.npursuance 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 certi?ed to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attomey-in—Fact,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 of?cers 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 certify 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 WI- *REOF, the said Vice-President has hereunto subscribed his/her names and af?xed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2020. ma
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
State ofMaryland
County 0fBaltimore
By: Robert D. Murray
VicePresident
By: Dawn E. Brown
Secretary
On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and quali?ed, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally 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 saith, that he/she is the said of?cer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that 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 sai Corporations. d
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written Constance A Dunn, Notary Public
My Commission Expires:July 9,2023

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Hardy & Harper, Inc.

I
/
der
Mu?ice President Kristen S. Paulina Corporate Secretary a d
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON—COLLUS|ON DECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITH BID The undersigned declares:

I am the Vice President of , the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 01/24/2022 [date], at Lake Forest city], state]
01/24/2022
Signature Date Signature of Bid Date
Michael V
Print name title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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$1,808,000.00
tation
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727

CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name: FY 20-21 Asphalt Paving Proiect
Contract Price: Date of Completion: May 2021
Name, Address, and Telephone Number of Owner's Representative:

Citvof Colton - Jess Sotto - (909) 370-5551
650 N. La Cadena Drive. Colton.CA 92324
Project Name: CIP No. 18-002 Residential Street Rehabilitation Proiect Contract Price: Date of Completion: March 2019
Name, Address, and Telephone Number of Owner's Representative Citv of Downev - Desi Gutierrez - (5621 904-7110
11111 Brookshire Avenue. Downev. CA 90241
Project Name: Residential & Collector Road Rehabili Proiect Contract Price: $1,551,000.00 Date of Completion: December 2018 Name, Address, and Telephone Number of Owner's Representative:

Citv of Diamond Bar - Jason Williams — (9091 8 9-7050
21810 Conlev Drive. Diamond Bar. CA 91765
(Attach additional pages as necessary)

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(NWmm.

T
$‘.5‘&‘‘'‘1 : Qxxvsmmmlos,
‘£7
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor’s DIR Registration of Business License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ.)
\poooo\$’b3

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Rev. u
rebwar,‘ 2020
2021/22SB1 PAVEMENT REHABILITATIONBIDDER'SPROPOSAL (c0nt’d) CIP No. 5727

BIDDERCERTIFICATIONS

TO BE EXECUTEDBYALLBIDDERSAND SUBMITTED WITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self—insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKS CHAPTER OF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non—discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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der
2021/22SB1 PAVEMENT REHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP N0. 5727

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqua|ifications.” If a statement of ”Previous Disqua|ifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTORI SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete] 1000000076 Subcontractors’ registration numbe re as indicated in Document 00 4314 BIDDER:
01/24/2022 01/24/2022
Signature Bi Date Signature of Bid Date
Michael M V President Kristen S. Paulino, Corporate Secretary Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures of corporate officersare required.)

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MINUTES OF THE SPECIAL MEETING
OF
HARDY & HARPER, INC.

A special meeting of the directors of HARDY & HARPER, INC. was held at the principa l
of?ce of the corporation, on January 2021, at 11:00a.m. pursuant to the call made by the Secretary and written noticewaived by the directorsby signingthese minutes.

Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Of?cer and KRISTEN PAULINO, as Secretary of the Corporation,presidedover the meeting.

The purpose of the meeting was to nominate and electtwo Vice-Presidentsof the Company.

Present at the meeting were all of the Directorsof the Corporation:

DANIEL MAAS
KRISTEN S. PAULINO

TESSA MAAS
DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice-Presidentof StrategicDevelopment, and as Vice-President he is hereby authorizedto sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/OperationsManager for the corporation with authority to sign contracts on behalf of the corporation and authorizedto sign checking and bank accounts on behalf of the corporationwhere the corporation has established bank and checking accounts.

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/ /L
/(” m;*©~«’;7

KRISTENPKULINO,
KL ’
-— ?ag, '/ Java 5/
—-SPESSA MAA$,

2.?
There being no further business it was moved second and carried that the meeting be adjoumed.

DATED: January ti ,202Q
DANIEL. Director/President
Director/Secretaly

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M11
E....W. 12/3-1/2023 WWW °‘ It ‘=l.9°V ? E3
5952 ' coRP

HARDY& HARPER INC
C|::IW|caK|nn[:|

CONTRACTORS ZCE STATE LICENSE BOARD

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Contractor In
lagal Emily Name °"°
HARDY81HARPER.
dir.ca
06/19/1
§mY
11/9/21, 11:51 AM
INC.
32 Rancho Circle Lake Forest 92630 CA United Stat..

Physical Address
32 Rancho Circle Lake Forest 92630 CA United Stat..

Email Address
[email protected]
Trade Name/DBA
License Number (s)
CSLB:215952
05/09/17
07/02/14
07/01/19
07/01/20
07/01/21
06/30/18
06/30/17
06/30/16
06/30/15
06/30/20
06/30/21
06/30/22
Registrations
State of California
Department of Industrial Relations
ca.gov/
formation Registration History
Effective Date Expiration
06/15/18 06/30/19
Legal Entity Type
Corporation
06/08/16
A Registration Number Back to D|R>> (https.//www. éguvl) 1000000076
Registration effective date
07/01/21
Registration expiration date
06/30/22
Mailing Address
Legal Entity Information
Corporation Entity Number: C0443071
Federal Employment Identification Number: 952251022
President Name: Daniel T Maas
Vice President Name: MICHAELMURRAY
Treasurer Name:

Secretary Name: KRISTENS PAULINO
CEO Name: DANIELT MAAS
A9
Agent of Service Name: DANIELT MAAS
Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO |nformationName Phone Email
Insured by Carrier
Policy Holder Name: HARDY8LHARPER,INC.

Insurance Carrier: FEDERALINSURANCECOMPANY
Policy Number: 54310019
https://cadir.secure.force.com/Contractorsearch/registrationSearchDetai|s?id=a1Rt0O000O3rikvEAA 1/2

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IT OF HEMET
Rev. 0
February 2020
CV

R VERS DECOUNTY, CALFORN A

B D AND CO TRACT DOCUMENTS
2021/22SB1 Pavement Rehabi itation
CAP TAL MPROVEMENT PROJECT NO. 5727
JANUARY 2022
j
01/ 04/ 2022
Steve R. Loriso, Acting City Engineer Date
R.C.E. No. 64701
This is a prevailing wage project under the laws of the State of California.

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will not be
B|DDER'S PROPOSAL
2021/22SB1 PAVEMENTREHABILITATION
CIP N0. 5727
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENTREHABILITATION,CIP No. 5727, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn—key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/oruse tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency responsible for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s 1:2
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, al l other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

Rev. 0
February 2020

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2021/22 )N BIDDER'SPROPOSAL (cont'd)

BIDSCHEDULE
BASEBID — 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 CIP No. 5727

ITEM DESCRIPTION
No
1 Mobilization (Not to Exceed 5% of Bid)
2 Traffic and Pedestrian Control
3 Clearing, Grubbing and Removals
4 Water Quality Control
5 Temporary Construction Project
Identi?cation Sign
6 Field Orders
7 Remove and Replace Ex. Curb and
Gutter
8 Remove and Replace Ex. Cross Gutter
and Spandrel
9 Remove and Replace Ex. Sidewalk
10 Remove and Replace Ex. ADA Access
Ramp
11 Unclassi?ed Excavation
12 Untreated Base
13 Hot MixAsphalt
14 Adjust Manhole to Finish Surface
15 Adjust Valve Can/Lid to Finish Surface
UNIT
LS
LS
LS
LS
EA
LS
LF
SF
SF
EA
CY
TN
TN
EA
EA

ESTIMATED

QUANTITY
1 10
7,775
50 32
6,240
5,400
6,500
37 42
UNIT
PRICE
$10,000
Rev. 0
February 2020

EXTENDED
ITEM
AMOUNT
$10,000
§I‘i,o0o $144000
$37,000 337.000
;l§5,0o0 £155,000
33, ooo 3 5.400
$2/xv ‘£31900
$100 {boon
$17.7 I tt37,
(>45.'-75
$17.7; $945.50
M,s<w {l66,7.%«
337 $’L'3,‘1G0
$14 547.4,605
{'76 §"l‘3"‘|,oo0
$I.oaa {$7, we
$100 $‘3»"i00

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BASE BID- 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727

EXTENDED

ITEM ESTIMATED UNIT
No

DESCRIPTION UNIT QUANTITY PRICE
ITEM
AMOUNT
Adjust Survey Monument/Can to 16 Finish Surface EA 14
17 Signing and Striping L8 1
TOTAL BASEBID (numbers)
***9:*************************k*******
BASE BIDTOTAL (in words)
Contractor's Initials
COREY R. KIRSCHNER
- CEO, PRES, VP, SEC, TREA
$1,200 516,600
$3351.15 $3’,-35I.25
$1,394,000
L6/'0 40:14’;

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/oralternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularitylies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by ”(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, Rev. 0
February 2020

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gaat ‘ 5 cureof Bidder
2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL (cont’d) Rev. 0 CIP No. 5727 February 2020
including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bidmay be rejected.

Complete the following:

ONYX PAVING COMPANY, INC.

Legal name of the business, DIRReg. and Contractor License Nos

CORPORATION
Business Type (Corporation, Partnership, Sole Proprietor) N/A
DBA(if any)
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA
Name and title of the owner
N/A
Name and title of second partner or officer
2890 E. LA CRESTA AVE. ANAHEIM,CA 92806
Business Address
714-632-6699
Telephone number
714-632-1883
Facsimile number
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA
[email protected]
Name and Email address of primary contact
N/A
Company web address
01/27/2022 01/27/2022
Si ure of Bidder Date Si 5 Date
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA COREY R. KIRSCHNER- CEO, PRES, VP, SEC, TREA Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures of corporate officersare required.)

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont'd) Rev. 0 CIP N0. 5727 February 2020

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License State of California Class ‘A’Contractor's License
Combination of Specialty Class ’C’Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
630360; A, C-12
a Bears the license number(s)
. 10/31/2023 b Expires on
01/27/2022 01/27/2022
Si ure of Bidder Date Signature of Bidder Date
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA COREY R_ KIRSCHNER _ CEO, PRES, Vp_ SEC, TREA Print name and title Print name and title
(If the Bidder is a corporation two signatures ofcorporate officersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

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($
2021/22SB1 PAVEMENT REHABILITATIONBlDDER'SPROPOSAL (cont'd) CIP No. 5727
/A

BIDSECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORM SHALLBEUSED INTHECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars , this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bid shall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.) Rev. 0
February 2020

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10% ofAmount Bid )
Bond No. TS22—
037 2021/22SB1 PAVEMENTREHAI AL(cont’d)
CIP No. 5727

BIDSECURITYFORM FOR BOND

KNOWALLBYTHESEPRESENTS
That the undersigned
Onvx Pavino Comna Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET,a political subdivision of the State of California, as obligee, in the penal sum Mm Amount In Wordsl Ten Percent of Amount Bid
Dollars (S lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor 2021/22SB1 PAVEMENTREHABILITATION THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect, IN WITNESS WHEREOF, the above bounden parties have executed this instrument this 27th day of Januarv .20 22
(Month)
0 Paving Company, Inc.
(Corporate Seal) By
Principal
By
S
(Corporate Seal) By
(/O?? I’W"Cb°tPV€5'

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dence to be the perso )whose namgé??are’
dged to me tha;.. therexecutedthe same in
-h+@beérauthorizedcapacitmes); and that b
'
their signaturgmon the instrument the
person(-5).’ or the entity upon behalf of which the per cted, executed the instrument.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate veri?es only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
on January 27, 2022 before me‘ Deanne K. Dodge—Krows,Notary Public (insert name and title of the officer)
who proved to me on the basis of satisfactory evi
subscribed to the within instrument and acknowle
I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.

DEANNEK.oooee-Knows
WITNESS my hand and seal coMM.m1oo71 OTARY PUBLIC-CALIFORNIA g

ORANGECOUNTY
Comm.ExpiresJan. 8.2024
Signature (Seal)

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Jmdu.

Notary Publlc of New Jersey
POWER OF ATTORNEY B°"‘“’ T322-°37 HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITYINSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinoisand Newark, New Jersey, do hereby constitute and appoint
KERISSA RICCIARDI,JAMES BALDASSARE, JR., JEREMY PENDERGAST Santa Ana, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY, as fully and amply, to all intents and purposes, as ifthe same had been duly executed and acknowledged by their regulany elected officers at their principal of?ces.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. “RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as de?ned or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Of?cers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be af?xed by facsimile to any power of attorney or certi?cation given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually af?xed.“
INWITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents onthis 31st dayof December, 2021

STATE OF NEW JERSEY STATE OF ILLINOIS
COUIIIYOfEssex County of Cook
Kenneth Chapman
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized of?cer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY; that the seals af?xed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly af?xed by order of the Boards of Directors of said Companies. m" INTESTIMONY WHEREOF, I have hereunto set my hand af?xed my Of?cial Seal, at the City of Newark, New Jersey the day and year ?rst above written.
‘'uai.\° &
"I" My Commission Expires April 4, 2023
CER11FICATlON
I, the undersigned officer of HARCO NATIONAL INSURANCECOMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and af?davit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of?ce of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto setmy hand onthis day, January 27th_ 2022 A02699

SEAL SEAL
I904 mad
.x\°”"aShirel|eA. Outley a

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AshlieBlanchard NmarvPublic
Name(7/ Signerylj
Qorev R. Kirschner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
Date Here Insert Name and Title of the Of?cer
personally appeared
of
who proved to me on the basis of satisfactory evidence to be the person(::) whose name(8) is/axe 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/hner/theirsignature(x) on the instrument the person(x), or the entity upon behalf of which the person(x) 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.

ASHLIE BLANCHARD
COMM.#2279550
Notary Public—California
FRS3
ORANGECOUNTY Signature
Comm‘ExpiresMarch3. Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name
Corporate Officer — Title(s): Corporate Officer — Title(s):

Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing Signer ls Representing
©2014 NationalNotaryAssociation - www.Nationa|Notary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907

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Sigr?tLJre of
2021/22SB1 PAVEMENT REHABILITATIONBIDDER'SPROPOSAL (cont’d) Rev. 0 CIP N0. 5727 February 2020

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACT CODE SECTION7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:

ONYX PAVING COMPANY, INC.

I am the CE0.PRES.VF’.SEC.TREA of the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 01/27/2022 date], at ANAHEIM city], CA [state].
01/27/2022 01/27/2022
Sig ure of Bidder Date EBidder Date
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA COREY R_ KRSCHNER _ CEo_ PRES, VP‘ SEC, TREA Print name and title Print name and title
(if the Bidder is a corporation, two signatures ofcorporate officersare required.)

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...._ Blanchard .w..... . ..
v
Corev R. Kirschner
Nams(7{Sr'gner()é
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifiesonly the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityofthat document.

State of California )
County of Orange )
On Januarv 27. 2022 before me, Ashlie Note“! PIIh“r*
Date Here Insert Name and Title of the Officer
personally appeared
of
who proved to me on the basis of satisfactory evidence to be the person(x) whose namemis/axe 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/hner/theirsignature(!:) on the instrument the person(s:), or the entity upon behalf of which the person(x) 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.

ASHLIEBLANCHARD
coMM. #2279550 5’, WITNESS my hand and
Notary Pul::lic~California E ORANGTE coumv
My00”““- E"P"‘*"M“'°" 3’ Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

Corporate Officer — Tit|e(s) Corporate Officer — Title(s):

Partner —- Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing: Signer ls Representing
©2014 NationalNotary Association- www.Nationa|Notary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name PLEASE SEE ATTACHED REFERENCES
Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name
Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
(Attach additional pages as necessary)
Rev. 0
February 2020

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5 BS U+-'l-‘+a¢ \
Aéjuskv-3AA
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) Rev. 0 CIP No. 5727 February 2020

DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor’s DIRRegistration of Business License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACT CODE §410O ETSEQ.)
‘"55 LAO-IA‘Ar f
Inc -
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3fK;n;

16.J

2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont’d) CIP No. 5727

DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor’s DIRRegistration of Business License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§410O ETSEQ.)

16.J

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.-'rIJ- .-I.-..|.Il - "l'l' 'l'I'l'I'I'I"l
——-.I.-rlq-I-I -I‘-'f'IIFuI"fI_
2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL(cont'd) CIP N0. 5727

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSAND SUBMITTED WITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATESAND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKS CHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

Rev. 0
February 2020

16.J

//
Sigrllature Sig?atuveof Bidder
2021/22SB1 PAVEMENT REHABILITATIONBIDDER'SPROPOSAL (cont’d) Rev. 0 CIP No. 5727 February 2020

CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications.” If a statement of ”Previous Disqualifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATION REGARDINGDIR CONTRACTOR/ SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete] 1000004798 Subcontractors’ registration numbers are as indicated in Document 00 4314 BIDDER:
01/27/2022 01/27/2022
of Bidder Date
0 Date
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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REFERENCES
PROJECTNAME:PAVINGTHEWAY — PHASE3
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:2020 - 2021
CONSULTINGCOMPANY:CITYOF MONTEBELLO- 1600 W. BEVERLYBLVD,MONTEBELLO, CA90640 CONTACTPERSON:JAMES ENRIQUEZ323—887—1462
ORIGINALCONTRACTAMOUNT: $1,929,000
FINALCONTRACTAMOUNT:$3,149,848.10
IFFINALAMOUNTISDIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:ADDITIONALSCOPESOFWORK DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? N
PROJECTNAME:PAVEMENTREPAIRPROJECT
PROJECT DESCRIPTION:PAVEMENTREPAIR
APPROXIMATECONSTRUCTIONDATES:JAN 2020
AGENCY:CITYOFCLAREMONT- 207 HARVARDAVE,CLAREMONT, CA91711 CONTACTPERSON:ENRIQUEVILLALOBOS909~399~5479
ORIGINALCONTRACTAMOUNT: $105,000
FINALCONTRACTAMOUNT: $120,727.40
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROMBIDSCHEDUL QUANTITIES. E
DIDTHEAGENCYFILEANYCLAIMSAGAINST YOU? NO
PROJECTNAME:2019-2020 PAVEMENTREHABILITATION
PROJECTDESCRIPTION:VARIOUSPAVEMENTREHABILITATION
APPROXIMATECONSTRUCTIONDATES:MAY2020 - SEPTEMBER2020
AGENCY:CITYOF ARCADIA~ 240 W. HUNTINGTONDR,ARCADIA,CA91007 CONTACTPERSON:JAN BALANAY626-254-2726
ORIGINALCONTRACTAMOUNT: $2,128,000
FINALCONTRACTAMOUNT:S1,980,917.60
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:AGENCYHADADDITIONALSCOPESINORIGINALBI TO COVERFOREXTRAWORK. D
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? N0
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA 92806 — TEL(714) 6326699 -— FAX(714) 632-1883

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PROJECTNAME:DESERTVIEWAVENUEPROJECT
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES: 2019
AGENCY:CITYOF DESERTHOTSPRINGS — 11999 PALMDRIVE,DESERTHOTSPRINGS,CA92240 CONTACT PERSON: DANIELPORRAS760-329-6411
ORIGINALCONTRACTAMOUNT:$741,330.98
FINALCONTRACTAMOUNT: $741,330.98
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:N/A DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:TWEEDYLANESTREETIMPROVEMENTPROJECT
PROJECTDESCRIPTION:STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:JULY2020 - AUG 2020
AGENCY:CITYOF DOWNEY- 11111 BROOKSHIREAVE,DOWNEY,CA90241 CONTACTPERSON:DESIGUTIERREZ562-622-3468
ORIGINALCONTRACTAMOUNT: $308,000
FINALCONTRACTAMOUNT: $308,000
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:N/A DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?N0
PROJECT NAME:CHICAGOAVERECONSTRUCTIONPROJECT
PROJECTDESCRIPTION:STREETREHABIILITATIONANDRECONSTRUCTION APPROXIMATECONSTRUCTIONDATES: AUG 2020 — OCT2020
AGENCY:RIVERSIDECOUNTYTRANSPORTATIONDEPARTMENT— 3525 147“STREET,RIVERSIDE,CA92507 CONTACT PERSON:MEHRANSANATI951-255-2762
ORIGINALCONTRACTAMOUNT: S1,424,000
FINALCONTRACTAMOUNT:$1,445,396
IFFINALAMOUNT ISDIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN:ADD’LSCOPESOFWORKBYAGENC Y
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 6326699 - FAX(714) 632-1883

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PROJECTNAME:2018/19ARTERIALAN0 MINORSTREETSMAINTENANCEPHASE1&2 PROJECTDESCRIPTION: CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:AUG2020 — MARCH2021
AGENCY:crrvOF RIVERSIDE- 3900 MAINsr, RIVERSIDE,CA92501 CONTACTPERSON:STEVENHOWARD951-826-5311
ORIGINALCONTRACTAMOUNT: $5,050,000
FINALCONTRACTAMOUNT: N/A
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT, PLEASEEXPLAIN:INPROGRESS DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:FY18-19 RESIDENTIALSTREETREHABILITATION
PROJECTDESCRIPTION:VARIOUSSTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:07/18/2019- 12/11/2019
AGENCY:CITYOF PLACENTIA- 401 E.CHAPMANAVE, PLACENTIA,CA92870 CONTACTPERSON:MASOUDSEPA§-Ii 714-920-7604
ORIGINALCONTRACTAMOUNT: $606,000
FINALCONTRACTAMOUNT:$616,241.42
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:C/ODUETO EXISTINGFIELDCONDITIO NS
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 - FAX(714) 632-1883

16.J

LARGEPROJECTREFERENCES
PROJECTNAME:RESIDENTIALSTREETIMPROVEMENTPROJECT
PROJECTDESCRIPTION:STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES: SEPT2020 - NOV2020
CONSULTINGCOMPANY:CITYOF ANAHEIM- 200 S. ANAHEIMBLVD,ANAHEIM,CA92805 CONTACTPERSON:KALLAMBAZ714-765-6935
ORIGINALCONTRACTAMOUNT:$1,711,000
FINALCONTRACTAMOUNT: $1,733,320
IFFINALAMOUNTI5 DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:C/ODUETOADDITIONALSCOPES DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? N0
PROJECTNAME:PAVEMENTREHABILITATIONFOR VARIOUSLOCALSTREETS— CDBGFISCALYEAR19/20 PROJECTDESCRIPTION:CITYWIDEPAVEMENTREHABILITATION
APPROXIMATECONSTRUCTIONDATES:JAN 2020 - MARCH2020
CONSULTINGCOMPANY: CITYOF MORENOVALLEY
CONTACT PERSON:QUANGNGUYEN951-413-3159
ORIGINALCONTRACTAMOUNT: $1,576,000
FINALCONTRACTAMOUNT: $1,445,035.72
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:REDUCTIONINQUANTITIES DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:FY2017-18 RESIDENTIALSTREETSREHABILITATIONPROJECT PROJECTDESCRIPTION:CITYWIDESTREETREHABILITATION
APPROXIMATECONSTRUCTIONDATES:MARCH2020-JUNE2020
AGENCY:CITYOF WESTCO\,/INA- 1444 W. GARVEYAVE5., WESTCOVINA,CA91790 CONTACTPERSON:OKANDEMIRCIOKAN.DEM|[email protected]
ORIGINALCONTRACTAMOUNT: $1,009,000
FINALCONTRACTAMOUNT: $1,360,000
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:SCOPESOF WORKCHANGEDBYAGENC Y
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 — FAX(714) 632-1883

16.J

GENERAL CONTRACTORS:

Fullmer Construction
1725 S. Grove Ave.

Ontario, CA91761
Ph: 909-947-9467
Fax: 909~947-2970
Contact: Casey Jones
KCSWest, Inc.
901 Corporate Ctr, Dr, 3"‘flr
Monterey Park, CA9174
Ph:323-269-0020
Fx: 323-263-4576
Contact: Matthew Vawter
GMC Engineering, Inc.
1401 Warner Ave
Tustin, CA92780
Ph:760-744-133
Fx:714-247-1041
Contact: Gennady
Lusardi Construction
1570 Linda Vista Dr.

San Marcos, CA92064
Ph:760-744-3133
Fax: 760-744-9064
Contact Scott Staley

REFERENCES
JOBS PERFORMED:

Centerpointe
Sycamore Bus. Park
HillwoodHofer Ranch
Interchange A-E
San Michelle Logistics
Terra Francesco
I?('AT|nM'
Moreno Vailey
Riverside
Ontario
San Bernardino
Moreno Valley
Ontario
BP Refinery Maintenance Shop Carson
Edison
FEDEX— Otay Mesa
Team Nissan
Edge at Campus
Carmax
Seab?dge
Romoland
San Diego
Oxnard
ElSegundo
Oxnard
Oxnard
ONYXPAWNG COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 — FAX(714) 632-1883 AMOUNT:
$3,137,914.00
$999,708.00
$603,600.00
$1,238,615.00
$670,674.00
$524,216.00
$896,357.00
$1,623,480.00
$1,335,530.00
$669,075.00
$541,385.00
$606,443.00
$329,460.00

16.J

I-laagen Company, LLC
12302 Exposition Bivd
LosAngeles, CA90064
Ph:310-820-1200
FX:310-820-1225
Contact: ChrisFahey
ARCONational Construction Co.
900 N. RockHillRd
St. Louis,MO 63119
Ph: 314-953-0715
Fx; 314-963-7114
Contact: ChrisWilson
Grant General Contractors
5051 Avenida Encinas
Carlsbad, CA92008
Ph:760-438-7500
Fx: 760-438-3056
Contact: Pete Burrows
Empire Polo Club
Scannell FEDEX
Whittier Area Community
Church
Crevier BMW
lndio
Burbank
Whittier
Santa Ana
$1,036,745.00
$1,125,958.00
$625,920.00
$30,600.00
ONYXPAVING COMPANY,WC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 - FAX(714) 632-1883

16.J

ASPHALTRUBBERHOTMIX REFERENCES:

GENERALCONTRACTORS: JOBS psmzonmen: LOCATION: AMOUNT:

GMC ENGINEERING,iNC. KatellaAve. St. lmprov $120.00000
1401 Warner Ave, Ste B. Various Projects
Tustin, CA92780
Ph: 714-247-1040
Fx: 714-247-1041
Contact: Gennady Chizik
R.DOLSONCONSTRUCITON,INC. LidoHouse Hotel Newport Beach $193,105.00 2955 Main Street, 3'“Floor
Irvine, CA92614
Ph: 949-474-2001
FX:949-474-1534
Contact: Jeremy Dunn
IFYOUHAVEANYQUESTIONS,PLEASEFEELFREETOCONTACTCOREYKIRSCHNERAT 714-632-6699 ORVIAEMAILAT [email protected]
LosAlamitos
ONYXPAVING COMPANY, WC.
2890 EASTLACRESTAAVE,ANAHEIM,CA 92806 -TEL (714) 632-6699 — FAX(714) 6324883

16.J

GENERALCONTRACTORREFERENCES:

ONYXPAVING COMPANY, INC
2890 E. LACRESTAAVE
ANAHEIM,CA92806
PHONE: (714) 5325599
FAX: (714) 632-1883
PRESIDENT:COREYR. KIRSCHNER
BANK: BANKOF THEWEST
INSURANCEAGENT:WOOD GUTMANN& BOGART
SURETYAGENT:

CREDITREFERENCES:

MATICHCORP.

ALLAMERICAN
KELTERITECORP.

VULCANMATERIALSC0.

FULLMERCONSTRUCTION
BYROM~DAVEY, INC.

PACIFICCONST.GROUP
ER|CKSON—HALL CONST.CO.

CREDITREFERENCES
DATEESTABLISHED 1/4/90

TYPEOF WORK- ASPHALTPAVING
CORP.TAXID.# 330394344
CONTRACTORSLIC.If630360-A
14029 SPRINGWATERLN.EEASTVALE, CA 92880
4501 E. LAPALMAAVENUE,ANAHEIM,CA92807
PHONE:(714) 777-9620 BRYANPLOESSEL
15901 REDHILLAVE, STE.100, TUSTIN,CA92780
PHONE:(714) 824-8384 MICHAELTRAN
TURNERSURETYANDINSURANCEBROKERAGE,INC.
5 HUTTONCENTRE,STE.730, SANTAANA,CA92707
PHONE:(714) 915-4032 JEREMYPENDERGAST
P.O. BOX10, HIGHLAND,CA92346
P.0. BOX2229, CORONA,CA92878
12231 PANGBORNAVEDOWNEY,CA
16013 E. FOOTI-IILI. BLVD,IRWINDALE,CA91702
1725 S. GROVEAVE.,ONTARIO,CA91761
13220EVENINGCREEKDR.SOUTH#103, SANDIEGO
17895 SKYPARKCIR.,IRVINE,CA92614
500 CORPORATE0R., ESCONDIDO,CA92069
ONYXPAVING COMPANY,INC.
(909)382-7400 Steve Matich
(951) 736-7600 Cari
(562) 401-0011 Gladys
(858) 5309414 Debbie
(909) 947-9467 Casey Jones
(858) 513-7199 Steve Davey
(949) 748-1500 Mark Buncly
(760) 796-7700 Justin Sinnott
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 — FAX(714) 6324883

16.J

RESUME
Corey Kirschnerhas over 20 years of experience both as an estimator and CEO.Corey is an experienced estimator and lead a majority of those years being the ChiefEstimator before becoming CEOand President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollarsin the previous year.

Jay Kirschner,Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilization s
for all projects.

Tyier Henry, FieldSuperintendent, serves as the core of ailfield related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing allof our PublicWorks projects. Overseeing the on-site laborers, cement masons, and operating engineers i s one of his many responsibilities.

BACKLOGALLOCATION:

Corey Kirschner,Jay Kirschner,and Tyler Henry oversee 100% of all current project in attached backlog.

ONYXPAVENGCOMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM,CA92806 - TEL(714) 632-6699 -— FAX(714) 632-1883

16.J

Corey Kirschner
Jay Klrschner
Tyler Henry
CEO/President
FieldSuperintendent
Key IndividualResponsibilities:
- Manage overali operations and resources of company
~ Decision maker of corporation
~ Leadproject management team with organization
- Overseeing overall project scheduling, budgeting, and dispatching on all projects - Main point of communications between company and agencies ~ Leadand manage on-site labors and operators
- Coordinate dailyoperations and project production
- Ensuring project quality expectations are met
Senior Project Manager
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEiM,CA92806 — TEL(714) 632-6699 - FAX(714) 632-1883 Corey

16.J

.m..Q002.3088
>.. __

16.J

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“'
' ACTIVELICENSE \1
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16.J

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16.J

UNANINIOU
nstiluting
OnyxPavingCompany,Inc., Californiacorporation(the“Caq7'ara!Ion"). herebytakesthe followingactions,adoptsthe llowiag resolutions,andtransact: thefollowingbusiness,by ate abovewritten,pursuantto Section3070:)o
r
' Loan an
WHEREAS,Corey chneris currently theCorpora_tloa’s ChiefExecutiveO?icer, Cb.iefFiuanciaI Of?oet “0?icef’) withauthorityto enterintocontractsonbehalfofthe emmeml
WHEREAS, after carefulconsideration,the Boardhas determinedthat the terms and conditionsof the proposedprojectin the fondof the bid attachedheretoas Exl?g; (the “Pr‘o]zcl’)are j\_L9t andequitableandfadrasto the Corporationandthatit isinthebestinterests of theCorporationanditsstockholderto submitthe bid andcornplmtheProjectsubjectto the THERE
approve respects, amiherebyauthorizeanddirectthe
Corporationto negotiate,execute,deliverandperformthetoningofal] documents,required connectionwiththeProject,togetherwithsuchchangestheretoasmaybeapprovedbythe O?icerexecutingthe sameonbehalfofthe Corporation(pursuanttotheauthorizationprovide deliver
agreementsand my andall otherdocumentsand inmmerrts, mdt maybenecessaryorappropriate, forthe?nancingofthe Corporation.

Sttllmenm, approp?
ONYXPAVINGCOMPANY,INC.

License# 630360~ DIR# 1000004793

S WRITTENCONSENTOF

THEBOARDOFDIRECTORSOF
ONYXPAVINGCOMPANY,]NC,
(aCaliforniacorporation)
October28,2020
Theundersigneddirector,co theentireboardofdirectors(the“Board")of a
fo
writtenconsentwithouta meeting,asofthed
f the
GeneralCorporationLawoftheStateofCaliforniaandtheCorporation'sBylaws:

Kits
and (the
Corporation.

WHEREAS, theCorporationopportunitiesfromtimeto timeto bidon yarious gov andnon-governmental projects;
termsagreeduponby theparties.

NOW, FORE,BEIT RESOLVED, theBoardonbehalfoftheCorporation hereby s andrati?estheProjectinall
in
d
herein),suchapprovalofthe O?icer to be conclusivelyevidencedbyitsexecutionanddelivery ofsame.

RESOLVEDFURTHER,that the Office:may executeand any and al l likesuchfurtheractionsa
s
RESOLVED FURTHER,that the Officeris herebyauthorized,directed,an d empoweredto execute anddeliverany andallagreements andanyandall otherdocumentsan d In and takesuch further actions as may be necessaryor etc, for th e co onoftheProject.
2890EastL8.CrestaAve, Anaheim,CA92806—- PH:(714)632-6699- FX(714)632-1883

16.J

URTHER, Of?oer.in thenameofthoCorporation. is hatch)’
authorized. directed,andempoweredto ncgo?ate, execute anddeliver00W1°?PP1i°‘1‘1° °°“"‘°" parry,any and all documsmswith raspuct to the Projectml otherlnmmenlsasm_ey59 reasonablyrequgstezl,mltheO?curon behalf of theCozyorallonis authorizedfromtameto timeto exemnoxehmslsorextensionsor oxhnzinsmuimentaasmaybemcmazy.

RESOLVEDFURTHER,that axxthoxitygivenhamnnderxhallbell¢°l!1?d|'§tY°3°3V° anyandallacts aulhorized hereund exfox-medpxiozto thepassageoftlxlsresolutionare v,E?nna '
TheSecretaryoftheCorporation1'_sdim
emwith theminutusofproceedingsofthe Lporati
RESOLVED11* that the
the
and 31'P
herebyrati?edand d_.
ct_edto ?le theoriginalexecutedcop)’0“-his
Cons CO 011.
[Signature pagefollows]

16.J

ONYXPAVINGCOMPANY,INC.

License#630360— DIR# 1000004198
INWITNESSWI-IBREOF. theundersignedhasexecutedthisUnanimous Written Consentof theBoard61'Directorsas ofthodate?rstabovewritten.

CoreyKirsohner

16.J

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16.J

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16.J

state of alifmla
secretary ofstate
Statement oi Information
[Domu?c stock Ind Anrlcullunl cooperative cnrpannlona) FILED I
IMPORTANT - READINSTRUINSBEFORECOMPLETING roam>
. Iv! IIII Inyn In lull»;Ilutaluuhanc o! n - an
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ifthisis an am ndmeni,see Instructions.
6016477
THIS Inthe ofiiceofthe Sacreiakyofstate
1' CORPORA-reNAME 0‘“IOState OfCalifornia
ONYXPAVINGCOMPANY. INC.

OC'l'..o'I 2018

2. CALIFORNIA CORPORATENUMBER
(335907; Til:space_forI-‘?ingUseOnfi’
No ofrecord a

3. its
the ?ledwith CalliomiaSecretary

4. cm STATE ZIPCODE
2890 GA92806

5. N IFANY ZIPCODE
92806

3. OFcqn ION.II‘-’ ITEM4 cm STATE ZIPgone
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7. OHIEF "CITY 81'ATE‘ -EPCODE
2890E.LA CA92806

ADDRESS STATE ZIP
2890E.LA CA92806

9. qrnr ZIPcone
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OFPROCESS
1!. AGENT OFPROCESSINCALIFORNIA. II‘NINDIVIDUALCITY BTATE ZIPCODE 2890E.LA CA92800
THE.CORPORATION
nabTHEINFORM
ATION
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CONTAINEDHEREIN; INCLUDINGANYATTAGHMENTBJB TRUEANDCORRECT. 1 ATTORNEY

DATE OF

16.J

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INNS'9 anamendment. as Instructions.

THISFORM Inthe B of! of Stale

1. CORPORATENAME 93?? "1
ONYXPAVINGCOMPANY,INC.

JAN-032020

2. CALIFORNIACORPORATENUMBER
01659076 TI1le8paceforFII'nuuseonly
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11. cALGI1(-Jcl:gI:§Ia_sacn:TARY OF.swz, TJ-|,Econnonmoucams:THEINFORMAT ION
o1/0312020 BARBRA
'
State
Secretary

7. CHIEF

16.J

resgonsihle
' egra ed 'nto pro )
BlDDER'SPROPOSAL
2021/22SB1 PAVEMENTREHABILITATION
CIP No. 5727
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENTREHABILITATION,CIP No. 5727, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/oruse tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency will not be for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/itsbid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been their posal, Contractor acknowledges receipt of Addenda No.(s
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENTREHABILITATION,CIP No. 5727 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

16.J

Hz’ -.
rt. .4-1
APPE D X1

16.J

2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

BIDSCHEDULE
BASEBID— 2021/22SB1 PAVEMENTREHABILITATION,CIP No. 5727

EXTENDE
D ITEM
No

DESCRIPTION UNIT ITEM
AMOUNT
1 Mobilization(Not to Exceed 5% of Bid) LS 1
2 Traffic and Pedestrian Control LS 1
3 Clearing, Grubbing and Removals LS 1
4 Water Quality Control LS 1
Temporary Construction Project 5
Identification Sign EA 3
6 Field Orders LS 1 $10,000 $10,000
7 Remove and Replace Ex. Curb and U: 10 Gutter
8 Remove and Replace Ex. Cross Gutter SF 7,775 and Spandrel 9 Remove and Replace Ex. Sidewalk SF 50
10 Remove and Replace Ex. ADA Access EA 32 Ramp
11 Unclassified Excavation CY 6,240
12 Untreated Base TN 5,400
13 Hot MixAsphalt TN 6,500
14 Adjust Manhole to Finish Surface EA 37
15 Adjust Valve Can/Lid to Finish Surface EA 42
/°°°- co 51 Geo. Do
i"°/°°°A"-‘<-' £o0,oou Do
'3 g 000. no
4"/2oo“°° 4.’/2“°
0~Ou‘.‘2
€30-50 (570 O0
1,0 6 O~oo
=Lo—\':O ($5500.00
2I«°0 os'o-oo
“33’«40 ’->—3¢,4;c.oa
[¢:?/ ?owoc
{deuce
4-go oo
‘.1"f52oo
(OC.0c;
W $°°'°° i6(,’/¢oa.oc
|6(C$‘o.oo
Clo

16.J

ntnnnntnn stat-nxhmnant-khan: E" OF annannnnnnnnunnn... .. 453.00 6 300.00
i,4's‘(,7u>.«
05?, M7"7°h F°U"i rfqhirw}--1OWL ’l’10\.'-
lC."\(‘5 SGVQ" “‘(*"i4‘f\>A ‘ér-:9L?‘f'€e_».Doilfw-_'r 2, Ci/\"~S (5/CO0 . O ‘S <§(O» 00
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
BASEBID- 2021/22SB1 PAVEMENTREHABILITATION,CIP No. 5727

EXTENDE

ITEM ESTIMATED D
No

DESCRIPTION UNIT QUANTITV ITEM
AMOUNT
Adjust Survey Monument/Can to 16 Finish Surface EA 14
17 Signing and Striping LS 1
TOTALBASEBID(numbers)

D BASE BID ITEMS
BASEBIDTOTAL(in words)
Contractor's Initials

16.J

via!) 0
fN::ua|'Y 2926
2021/22SBl PAVEMENTREHABILITATIONBlDDER'SPROPOSAL (cont’d) CIP No. 5727
In the event of a variation between the unit price and extended total, the unit price willbe used and the corrected extension will be considered as the amount bid. if the bid is illegible and cannot be reconciled it willbe considered non-responsive and willnot be considered for award.

If an additive and/oralternate bid schedule is called for in the Contract Documents, the lowest bid willbe determined on the basis of the base bid schedu|e(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedulels).

Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularitylies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

Allbids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)" are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above,

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2021/22SB1 PAVEMENTREHABILITATIONBlDDER'SPROPOSAL(cont’d) CIP N0. 5727
including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING:If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Legal name of the business, DIRReg. and Contractor License Nos.

Company web address
Signature Date Signature of Date
Print name and title Print name and title
(If the Bidderis a corporation two signatures ofcorporate officersare required.) Complete the following

CORPORATION
x 02/03/22 X 02/03/22

AUSTIN CARVER, PRESIDENT STEVEN L MENDOZA, SECRETARY
Business Type (Corporation, Partnership, Sole Proprietor) DBA(ifany)
AUSTIN M. CARVER, PRESIDENT
Name and title of the owner
STEVEN L. MENDOZA, SECRETARY
Name and title of second partner or officer
15505E LINCOLN AVENUE, ORANGE, CA 9286
Business Addres
s
714-637-1550
Telephone number
Facsimile number

STEVEN L MENDOZA, SECRETARY
stevemendoza@rjnoblec0mpanycom
Name and Email address of primary contact
www rjnoblecompany com

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d dew
RV/ER.
2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL (cont’d) CIP No. 5727

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License:

State of California Class‘A’Contractor's License
Combination of Specialty Class ‘C’Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's license(s) which:
a. Bears the license number(s):
b_ Expires on
er Date Signature d Date
Print name and title Print name and title
(If the Bidderis a corporation two signatures ofcorporate officersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license willbe final.
782908 CLASS A & C12
08/31/2022
02/03/22
X O2/03/
22 PRESIDENT STEVEN L MENDOZA, SECRETARY
Signature

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIPNo. 5727

BIDSECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable the order of the City of Hemet, hereinafter referred to as "Agency",for
dollars , this
amount being 10 percent (10%) ofthe total amount of the bid. check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bidshall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency nd the Undersigned shall execute and deliver a Contract in the form attached (properly completed in accordance with said Bid) and shall furnish bonds requi for his/her/itsfaithful performance of said Contract and for the payment of all ns performing labor or furnishing materials in connection therewith, and shall in all her respects perform the Contract created by acceptance of said Bid
Otherwise, said check shall become the of the Agency
Said check shall also become the p erty of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of (60) calendar days after the date set for the opening thereof, unless otherwise requi by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a two signatures ofcorporate officersare required.)

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Words; ---r—"""""—‘—""""""“-"
2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL(cont’d) CIPNo. 5727

BIDSECURITYFORM FORBOND

KNOWALLBYTHESEPRESENTS
(Name of Contractor)
as Principal and the undersigned as Surety are held and ?rmly bound unto Owner, CITYOF HEMET,a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In I ten percent of the amount hi-'--—
Dollars($ 10% ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor 2021/22SB1 PAVEMENTREHABILITATION THE CONDITIONOF THISOBLIGATIONIS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESSWHEREOF,the above bounden parties have executed this instrument this 12:); day of Januarv 2012.
(Month)
R.J. NOBLECOMPANY
(Corporate Seal) By
Princi
Weste ny
Bv
(Corporate Seal) By
That the undersigned
RJ. NOBLE COMPANY, 15505E. LINCOLN AVE., ORANGE, CA9286

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}
ave
to the within Instrument and acknowledged to me that he/shehhey executed the same in hlslher/Qheiv authorized capacity?es). and that by his/hemhei: signatuveis) on the instrument the person(s). or the entity ignalule
~v
f
CALIFORNIA ACKNOWLEDGMENT c|v||_ cone § 1139
Anotary publicor other officercompletingthis certi?cateverifiesonlythe identityofthe individualwhosigned the document to whichthis certificate is attached, and not the truthfulness.accuracy.or validityof that document.

State of California
County of
On before me.

Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
I certify under PENALTYOF PERJURY under the
. GH . . . NOtaryJPu[i)Ei'((?[*CalifOrnia laws of the State of California that the foregoing VNN
Orange County paragraph is true and correct.

Commissionii 2307441
MyComm Expires Oct 23» 2023 WITNESS my hand and official seal Signature
Place Notary Seal and/or Stamp Above of Notary Public

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:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:

Cl Corporate Officer - Title(s): Cl Corporate Officer — Tit|e(s):

D Partner — D Limited [:1 General [3 Partner — El Limited C] General 0 Individual D Attorney in Fact Cl Individual D Attorney in Fact D Trustee El Guardian or Conservator [3 Trustee D Guardian or Conservator D Other: Cl Other:

Signer is Representing: Signer is Representing:
©2018 National Notary Association
01/13/2022 J. DEIONGH, NOTARY PUBLIC

STEVEN MENDOZA
who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed upon behalf of which the person acted. executed the instrument.

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.» My expresMay- I

ACKNOWLEDGMENT
A notary public or other of?cer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness.accuracy, or
val of that document.

State of California
County of 0"a"9e l
on before me_ Annette Lisa Romero, a Notary Public
(insert name and title of the of?cer)
persona,” appeared James Scott Salandi, Attorney-in-Fact 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/slxeldwy executed the same i n his/hemhnir authorized capacity(iee¢, and that by his/Nnxmiuirsignature(s) on the instrument the person(::), or the entity upon behalf of which the person(x) 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.

ANNETTELISAROMERO
WITNESS my hand and officialseal COMM.# 2244076

NOTARYPUBLICCALIFORNIA
ORANGEcounrv
comm. 25.2022
Signature (Seal)

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Westen uretyC mpany
Nelson.
r S 0
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY—IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instrumentswere signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby rati?ed and con?rmed.

This Power of Attorney is made and executed pursuant to and by authority of the By—Lawprinted on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June, 2021.

WESTERN SURETY COMPANY
Bru?at, Vice President
State of South Dakota
SS County of Minnehaha
On this 24th day of June, 2021, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knowsthe seal of said corporation; that the seal a?ixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires §""""""""I',i‘.'E‘E“":l".‘l'.“"“*"‘§ J‘ * r’ I
M. Bent, Notary Public

CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and ?irther certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name

WESTERN SURETY COMPANY
L. Assistant Secretary
and affixed the seal of the said corporation this ay of Form F4280—7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont’d) CIPNo. 5727

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID of the party making the
foregoing bid
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and willnot pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing date], at
city], state]
Signature of Bi Date Signature der Date
Print name and title Print name and title
(if the Bidder is a corporation, two signatures ofcorporate officersare required.) The undersigned declares

SECRETARY
STEVEN L. MENDOZA

RJ NOBLE COMPANY

ORANGE CA
X 02/03/22 02/03/22

AUSTIN M VER, PRESIDENT STEVEN L MENDOZA, SECRETARY
02/03/

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are
to the within instrument and acknowledged to me that he/shelihey executed the same in hls/her?heir authorized capacity/(?es). and that by his/hedmeit signaturels) on the Instrument the person(s). or the entity J. uemuan
Maury mm - {al?nvnla
5 Oumgn County 5
/ Eammzsslon ; nnvm
y. Zzmm‘ Exmms 0615.161)
CALIFORNIA ACKNOWLEDGMENT c|v||_ cops § 1139
Anotary publicorother officercompletingthis certi?cateverifiesonlythe identityofthe individualwhosigned the document to whichthis certi?cate is attached.and not the truthfulness, accuracy. orvalidityof that document.

State of California
County } of
On before me.

Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
I certify under PENALTYOF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public

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:

Document Date Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name Signer’s Name:

C] Corporate Officer - Title(s): E1Corporate Officer — Title(s):

El Partner- El Limited El General El Partner - [3 Limited El General [:1 Individual D Attorney in Fact Cl Individual E] Attorney in Fact 0 Trustee El Guardian or Conservator [3 Trustee U Guardian or Conservator C] Other: D Other:

Signer is Representing Signer is Representing:
©2018 National Notary Association
02/03/2022 J. DEIONGH, NOTARY PUBLIC
CARVER
who proved to me on the basis of satisfactory evidence to be the person whose name is! subscribed upon behalf of which the person acted, executed the instrument.

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are
to the within instrument and acknowledged to me that hel-shelthey executed the same in hislhemheir authorized capacityaes], and that by his/homhoi: signalurels) on the instrument the person(s). or the entity

1. nanoucn
Nu:-ary"ublu: - (.|lWarnlI
_ 0-anewmm-,
, Cammlssxaneggg-w,‘ —
___». C:mm.Exztmcx: 2:. 2:1: E
'gnaIuIe
CALIFORNIA ACKNOWLEDGMENT c|v|L cope § 1139
Anotary publicor other officercompletingthis certi?cateverifies onlythe identityofthe individualwho signed the document to whichthis certificate is attached.and not the truthfulness, accuracy, orvalidityof that document.

State of California
County of
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

VNNV/\
WITNESS my hand and official seal.

Signature
Place Notary Seal and/or Stamp Above of Notary Public

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:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:

C) Corporate Officer — TitIe(s): El Corporate Officer — TitIe(s):

El Partner — El Limited D General Cl Partner — D Limited El General El Individual D Attorney in Fact E1 Individual D Attorney in Fact [3 Trustee I:I Guardian or Conservator 0 Trustee D Guardian or Conservator C] Other: D Other:

Signer is Representing: Signer is Representing
©2018 National Notary Association
ORANGF
02/03/2022 J. DEIONGH, NOTARY PUBLIC

L MENDOZA
who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed upon behalf of which the person acted. executed the instrument.

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WAGE-5207
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL(cont’d) CIPNo. 5727

CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name:

Project Name:

Contract Price: Date of Camp
Name, Address, and Telephone Number of Owner's Representative:

Project Name
Date of Completion
(Attach additional pages as necessary)
ArterialRehab (Brookhurst, Newland, Gar?eld & Atlanta)
10/21
JOHN MARTIN 714-715-9210
BARRANCA PARKWAY REHABILITATION 21-2829
2,116,432.32

CITY OF IRVINE,
1CivicCenter Plaza
Irvme.CA
STACY DELONG 949 724-5442
LOCAL STREET REHABILITATION PROGRAM ZONE 24
12/
2021
GLEN W.C KAU, PE. 929_5723
Contract Price: Date of Completion: 3,l7l,848 50
Name, Address, and Telephone Number of Owner's Representative:

CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 |etion: 01/202]
$1,260,361.00
Name, Address, and Teiephone Number of Owner's Representative CITY OF NORWALK 12700Norwalk Boulevard, Norwalk, CA 90650

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2021/22SB1 PAVEMENTREHABILITATIONBlDDER'SPROPOSAL (cont'd) CIPNo. 5727

DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor's DIRRegistration of Business License No. Number
Bi er to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
6 u ILVC7
[o5&'3'74" 1oococH>?.$
C-(2,
SJ’./()z,r~:.>nVquu-\¢n/\
/"'|a.:—I.<M7_r 776 3 0 C
C-H(Ir1'.<‘Il, (A C's‘
CA$L' LO-I'\é 51/ru¢1.‘v ij

CDRNJGE/C/X
W i°°<>0<:¢s«33
P0W<j‘- en{— Rehab
LO,..~H:-ny C':@A Crag‘;
C0 S4-¢~ /s/to; -i/C)‘;
§4_,.;f'.4) \OO©o0i4—76

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2021/22SB1 PAVEMENTREHABILITATIONBIDDER'SPROPOSAL (cont’dl CIP No. 5727

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below.

STATEMENTOF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labo Code Section 3700, which r requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATESANDRECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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|L|O(l(]04235
2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) CIP No. 5727

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications.” If a statement of "Previous Disqualifications" is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to LaborCode Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete]
Subcontractors’ registration numbers are as indicated in Document 00 4314.

BIDDER:

Signature of Date Signature Date
Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate officersare required.) x 02/03/22 X O2/03/
22 AUSTIN M PRESIDENT STEVEN L MENDOZA, SECRETARY

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2/2/22, 3:31 PM PlanetBids Vendor Portal
Set 1 Released via Addendum 01102022-01 01/10/2022 1:23 PM (PST) — 1 question

1.1 on page A1-10 of the Bid documents - reference projects it states tha Question
on page A1-10 of the Bid documents - reference projects itstates that Bidder must show documentation of similar, electric, telephone, cable and sewer experience. These scopes are not listed in the items and we are asking that theses requirements me removed from the form Answer
Yes, those items can be removed. Reference projects should be that of similar size and scope to the project being bid on.

Set 2 Released ViaAddendum 01242022-O1 01/24/2022 8:08 AM (PST) — 1 question

2.1 Willyou be allowing curb to be removed by cutting the spandrel? Question
Will you be allowing curb to be removed by cutting the spandrel? Answer
Yes, shiner cuts will be authorized
https://pbsystem.planetbids.com/portaI/39477/bo/bo-detai|/89665#bidQandA 1/

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PP
Rev. 0
February 2020
A ENDX1

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B|DDER'S PROPOSAL Rev. 0
2021/22SB1 PAVEMENTREHABILITATION February 2020
CIP No. 5727
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency will not be responsible for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been in d into their proposal, Contractor acknowledges receipt of Addenda No.(
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, al other l referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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BIDSCHEDULE
BASEBID - 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 "N53" DESCRIPTION um E;;';f;\;§5ykrjg E"IT
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1 Mobilization (Not to Exceed 5% of Bid) LS 1
2 Traf?c and Pedestrian Control L8 1
3 Clearing, Grubbing and Removals LS 1
4 Water Quality Control LS 1
s LZ“.l?#.’£2{l,E%?§i'“°“°“EA 3
6 Field Orders LS 1 $10,000 $10,000
7 g?giecarve and Replace Ex. Curb and U: 10
8 :reCrj11SoF\)/:nadr1rc;Replace Ex. Cross Gutter SF 1775 9 Remove and Replace Ex. Sidewalk SF 50
10 Egmgve and Replace Ex. ADAAccess EA 32
11 Unclassi?ed Excavation CY 6.240
12 Untreated Base TN 5,400
13 Hot MixAsphalt TN 6,500
14 Adjust Manhole to Finish Surface EA 37
15 Adjust Valve Can/Lid to Finish Surface EA 42
Rev. 0
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BASEBID — 2021/22SB1 PAVEMENT REHABILITATION,CIP No. 5727 EXTENDED ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT
Adjust Survey Monument/Can to 15 Finish Surface EA 14
17 Signing and Striping LS 1
TOTAL BASE BID(numbers)
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BASE BIDTOTAL (in words)
Contractor's Initials
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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont'd) CIP No. 5727
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non—responsive and will not be considered for award.

If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedu|e(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedu|e(s).

Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregu|arity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by ”(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, Rev. 0
February 2020

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2021/22SB1 PAVEMENTREHABILITATIONB|DDER'S PROPOSAL (cont’d) Rev. 0 CIP No. 5727 February 2020
including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bidmay be rejected.

Complete the following:

Calmex E Ineerl Inc. 1000005380 685954
Legal name of the business, DIRReg. and Contractor License Nos Corporation
Business Type (Corporation, Partnership, Sole Proprietor) DBA(if any)
Robert J. Stone, President
Name and title of the owner
Travis Bomhoff, Vice President of Operations
Name and title of second partner or officer
2764 S. Vista Ave., Bloomington, CA 92316
Business Address
909-546-1311
Telephone number
909-874-9463
Facsimile number
Robert J. Stone bobs@ca|mex.us
Name and Email address of primary contact
Company web address
1/5/2022
Signature of Bidder Date Signature of Bidder Date
Robert J. Stone, President Travis Bomhoff, President of Operations Print name and title Print name and title
(If the Bidderis a corporation two signatures ofcorporate officersare required.)