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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Subcontractor’s DIRRegistration
of Business License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
Description and
Percentage of Work
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2021/22CITYWIDEPAVEMENT REHABILITATION
cwNo. 5726 BlDDER'SPROPOSAL (cont’d)
BIDDERCERTIFICATIONS
TO BE EXECUTEDBYALLBIDDERSAND SUBMITTEDWITH 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 se|f—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 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.
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont’d)
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 Disqua|ifications.” If a statement of "Previous Disqua|ifications” is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACT AMOUNT
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.
CERTIFICATIONREGARDING DIRCONTRACTOR / SUBCONTRACTOR REGISTRATION 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] 1000008103 Subcontractors’ registration numbers are as indicated in Document 00 4314.
BIDD
05/27/2022
ure of Bidder Date Signature of Bidder Date
Derek Ritarita, President Christian Peacock, Secretary
Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.) 5/27/2022
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Vance Corporation
DIRE ORS: 42%nskRitarita
Max
V
) 7 1!/Méamg
Christian
General Engineering Contractor
License No. 414567-A
P.O. Box 575, Beaumont, CA 92223
459 Egan Avenue, Beaumont, CA 92223
(909) 355-4333 - Fax No. (909) 355-4339
Resolved, that ChristianPeacock is promotedto the positionof Secretary and RobertErautt promotedto the positionofCFO ofVance Corpora?on.,whichisto become effectiveas ofApril 29"‘,2021. Both Christianand Robertto serve at the discretionofthe BoardofDirectors.
Further Resolved, ChristianPeacock and RobertErautt,inthe capacityset forthabove,shall have allauthorityofSecretary and CFOas de?ned bythe bylaws ofthe Corporation.
There being no furtherbusinessto come beforethe Board,the meetingwas accordingly adjoumed.
DarrelLohman
President,CEO Fonner VPICFOSec/Treas
RobertErautt Peacock
CFO Secretary
SPECIAL MEETING OF
THE BOARD OF DIRECTORS OF
VANCE CORPORATION
A CALIFORNIA CORPORATION
A specialmeeting ofthe BOARDOF DIRECTORSwas held at corporate officeson April29*“, 2021. The meeting was calledwithnoticeand withthe consent ofthe undersigned,representing al directorsofthe above named corporation.Such acknowtedged waiverof noticeis consistent withl requirementsinCaliforniaCorporationCode Section 307(a) (3).Allbusiness transacted is official business ofthe Corporation.
The meetingwas calledforthe purpose of acknowledgingthe removalof DarrelLohmanas CFO/Secretary ofVance Corporationand to appointChristianPeacockto thepositionofSecretary and RobertErauttto the positionofCFOofVance Corporation.EffectiveApril,29"2021.
The followingresolutionswere adopted bythe Board:
Further Resolved, that ChristianPeacock and RobertErauttbe appointedto the Boardof
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resgonsible
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22 CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726, 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.
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 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—BaconAct 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 2021/22CITYWIDEPAVEMENTREHABILITATIONPROJECT,CIP No. 5726, 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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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726
ITEM
No
10 11
12 13
14 15
B|DDER'S PROPOSAL(cont’d)
BID SCHEDULE
BASE BID- 2021/22CITYWIDE PAVEMENT REHABILITATION,CIP No. 5726
DESCRIPTION
Mobilization (Not to Exceed 5% of
Bid)
Traffic and Pedestrian Control
Clearing, Grubbing and Removals
Water Quality Control
Temporary Construction Project
Identification Sign
Field Orders
Remove and Replace Ex. Curb and
Gutter
Remove and Replace Ex. Cross
Gutter and Spandrel
Remove and Replace Ex. ADA
Access Ramp
Remove and Replace Ex. Sidewalk
Drain Outlet
Unclassified Excavation
Untreated Base
Hot Mix Asphalt
Smooth Pavement Joint Transition
Type "E"AC Dike
UNIT
EA
SF
EA
EA
CY
TN
TN
ESTIMATED
QUANTITY
11 40
10,000
44 13,100
14,300
12,000
350
550
UNIT
PRICE
$10,000
EXTENDE
D ITEM
AMOUNT
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont’d)
BASEBID - 2021/22CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726
EXTENDED ITEM DESCRIPTION UNIT ESTIMATED UNIT
ITEM No QUANTITY PRICE
AMOUNT
Construction AC Driveway _
\n _ 16 Transition per Detail SF 600 XLC’
. .. f «M
17 Adjust Manhole to Finish Sur ace EA 36
_ gwjlo __
I Adjust Valve Can/Lidto Finish _ _ 18 Surface EA 58 I00 Adjust Survey Monument/Canto 19 Finish Surface EA 2 qlo / I T
20 Signing and Striping L5 1 16000’
TOTAL BASEBID (numbers)
END OF BASE BID ITEMS
0 O
BASE BID TOTAL (in words) /‘I O
Contractor's Initials
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
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Rev. D
Fehruary 2020.
2021/22CITYWIDEPAVEMENT REHABILITATION
cup No. 5726 B|DDER'S PROPOSAL (cont’d)
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.
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, 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.
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FPO
, , _.,, ,,., Operations
?gX!X 51312922 5/ 2022
Signatur 0 er
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
Complete the following:
Calmex En ineerin Inc. DirNo. 1000005380, Contractor Lic. No 685954 Legal name of the business, DIRReg. and Contractor License Nos.
Co ration
Business Type (Corporation, Partnership, Sole Proprietor) N/A
DBA(if any)
Robert J. Stone. President
Name and title of the owner
Travis Bomhoff. Vice President of
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
bobs@_ca|mex.us
Name and Email address of primary contact
Company web address
of Bidder Date Signature Date
Robert J. Stone, President Travis Bomhoff, Vice President of Operations Print name and title Print name and title
(Ifthe Bidderis a corporation two signatures ofcorporate officersare required.)
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_ W 5/3/2022 /
§éu§’/
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont’d)
CERTIFICATEREGARDING CONTRACTOR'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’Contractors 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 Bearsthe license number(s): 685954-A
b Expireson 3/31/2024
5/3/2022
Signature of Bidder Date Signature of Date
Robert J. Stone President Travis Bomhoff, Vice President of Operations 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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Robert J. Sta President
Swiss Re Corporate Solution
Jody And rsun, Atto gey2021/22CITYWIDEPAVEMENT REHABILITATION CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
BID SECURITYFORM FOR BOND
KNOW ALLBYTHESE PRESENTS:
That the undersigned
Calmex Engineering, Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF HEMET, a political subdivision of the State of California, as obligee, in the penal sum Mi Amount |n words) Ten Percent of Amount Bid———
Dollars ($ 10% I 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 Bid for [PROJECTNAMEANDDESCRIPTION] 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 10th day of May ,202.
(Month)
Calmex Engineering, Inc.
(Corporate Seal) By
Principal "9!
By 5 America Insurance Corporation
Surety
(Corporate Seal) By
L. In—Fact
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ACK LEDG ENT
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
validity of that document.
State of California . County of San Bemardino )
on May 17, 2022 before me’
MichelleJ. Shea, Notary Public
(insert name and title of the of?cer)
personally appeared Robe":J‘ Stone
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 tme and correct.
WITNESS my hand and of?cial seal
Signature (Seal)
iR.~\o\( L.
16.I
N
DI
MY Exp
COLO DO NOTARYACKNOWLEDGE E T
(IN v DUAL)
State of Colorado
County of Denver
This record was acknowledged before me on _ (date) by
Jodv L.Anderson (name[s] of individua|[s])
(Seal)
Signature of Notarial Officer
Dakota C Miller
Notary Public
Title of Office
My Commission Expires 08/10/2025
Copyright © 2018 NotaryAcknowledgement.com. AllRights Reserved.
M/N/0*€2z2;z
DAKOTA C MILLER
Notary Public
State of Colorado
Notary lD#20214031115
08-10-2025
16.I
1;,-
ErikJanssens
Gerald Jagmwski
mum A mu
Mm!
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a nu
Jeffrey Gnldberg
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONSAMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPECIALTY INSURANCE COMPANY ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION F/IQA WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SRCSPIC“) WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal of?ce in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal of?ce in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
JOINTLY or SEVERALLY
Its true and lawful Attomey(s)-in—Fact,to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permittedby law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011.
“RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorizedto execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President Gerald Jagrowski, Vice President ol'SRCSAlC& Vice President of SRCSPIC & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC,SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and thesepresents to be signed by their authorized officers
29TH this da y of
Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation Count)’ OfC00k Westport Insurance Corporation
On this 29TH day of APRIL , 20 3, before me, a Notary Public personally appeared , Senior Vice Presidentof SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and , Vice President of SRCSAICand Vice President of SPCSPIC and Vice President of WIC, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the respectivecompanies.
Yasmin A. Patel, Notary
I, the duly elected?ier Vice President and Assistant Secreg of SRCSAICand SRCSPIC and WIC, do hereby certify that the aboveand foregoing is a true and correct copy of a Power of Attorney given by said SRCSAICand SRCSPIC and WIC, which is stillin full force and effect.
IN WITNESS WHEREOF, I have set my hand and af?xed the seals of the Companies this '0'“ day of May , 20 22.
Jeffrey Goldberg, Senior Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
BRAD MOODY, EVAN E. MOODY, ANDREW J. WATERBURY,
KAREN A. FEGGESTAD, JODY L. ANDERSON, and ELIZABETH OSTBLOM S EAL
ufSRCSPlC & Senior Vice President al'WlC 2.11
APRIL .,,22
1973
OFHCIIL Sill ha?gluuolmma-I
I-Iy ll.’
16.I
Calmex Engineering.
£2”[ & 5/3/2022 5/3/2022
der
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
NON—COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON—COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
I am the 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 5/3/2022 Idate], at _Bloomington [city], California [state].
Signature of Bi Date Signature of Bidder Date
Robert J. Stone President Travis Bomhoff, Vice President of Operations Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
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' FIICHELESAVIPKJ If? NouryPnbIIc-Camnmnn E
«Q Rwerxidt County
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I Cummiulnn3 1104746
~ MyComm.Expires Slp‘1.302]
ACKNOWLEDGMENT
A notary public or other officer 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
validity of that document.
State of California _ _ County of Riverside
on May 3, 2022 before me, Michele Savino, Notary Public (insert name and title of the of?cer)
personally appeared R°bert -1-Stone
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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
MIA! |VNN Signature (Seal)
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mcmzSAVING
NularyPaw: - Camornu
RiversideCounty
ACKNOWLEDGMENT
A notary public or other officer 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
validity of that document.
State of California _ _ County of Riverside )
on May 3, 2022 before me MicheleSavino, Notary Public
(insert name and title of the officer)
personally appeared TraV'5 Bomhoff
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.
WITNESS my hand and official
Sign (Seal)
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
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 reference list **
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)
16.I
Calmex Engineering, Inc.
Agency:
Project Name: Contact: Phone: Contract Amount:
Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact:
Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone:
Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone:
Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount:
Completion Date:
Project References (Prime Jobs)
CaliforniaDepartment of Transportation
11-2N0224.Rte. 78 Mehrdad Nabizadeh
619-688-6699
$10,711,207
February 2019
CaliforniaDepartment of Transportation
11-2N0124, Rte. 8/163 Rene Figueroa
858-688-1551
$6,301,679
March I 2020
Califomia Department of Transportation
07-3W7704.Rte. 60 MartinSandoval
213-897-3656
$4,130,036
December I 201
CaliforniaDepartment of Transportation
08-1 K5604 LarryCanuti 760-985-5825
$250,381
June I 2019
Califomla Department of Transportation
11-3A2664
Shawn Rizzuto
619-688-3377
$309,214
October I 2020
CaliforniaDepartment of Transportation
08-1K1104 Rte. 15 KhoiVu 760-324-3496
$250,000
June I 2018
CaliforniaDepartment of Transportation
07-4U0404 RTE 101 Mena Wassef
805-480-4928
$909,935
October I 2021
CaliforniaDepartment of Transportation
09-385804 RTE58
Joselyn Vidaca 760-937-1512
$824,134
October I 2021
CalifomiaDepartment of Transportation
09-387904 RTE 190
Justin Castleberry
760-937-3758
$4,746,713
November I 20:
Agency:
Project Name: Contact: Phone: Contract Amount: CompletionDate:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone:
Contract Amount: Completlon Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount:
Completion Date:
Agency:
Project Name: Contact: Phone: Contract Amount: CompletionDate:
Agency:
Project Name: Contact: Phone:
Contract Amount: Completion Date:
CaliforniaDepartment of Transportation
11-2N0214, Rte.5 Genaro Genel 619-688-6699
$4,006,419
January I 2020
California Department of Transportation
08-1J9404, Rte. 18
John Santos 909-383-4631
$224,000
September I 2020
California Department of Transportation 11-3A0224 Shawn Rizzuto 619-688-3377
$285,549
July I 2017
CaliforniaDepartment of Transportation 08-1F5204 Rte. 40 Thanh Pham 951-232-7262
$5,535,659.00
OctoberI2016
CaliforniaDepartment of Transportation
11A3013-Emergency Repair
Trung MinhTran
619-688-3377
$241,127
December I 2019
CaliforniaDepartment of Transportation
11-3A0734 Rte. 67 Trung MinhTran 619-688-3377
$285,249
October I 2017
CaliforniaDepartment of Transportation
12-OS4704 RTE 90 Arezo Ghiam
949-278-4124
$1,651,847
October I 2021
CaliforniaDepartment of Transportation
08-1K8404 RTE247 Khoa Nguyen 951-232-8611
$3,158,880
November I 2021
Town of Apple Valley
Stoddard Wells Rd Rich Burger
760-240-7000
$1,648,685
Decemberl
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Calmex Engineering, Inc.
Agency: Project Name: PrimeContractor: Contact: Phone: Contract Amount: CompletionDate:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: PrimeContractor-. Contact: Phone: Contmctltmounlz Completion Date:
Agency: Project Name: Prime Contractor". Contact: Email: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor-. Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Prime Contractor". Contact: Phone: ConIractAmount: CompletionDate:
Agency: Project Name: Prime Contractor-. Conrad: Phone: ContractArnount: Completion Date:
Project References (Sub Jobs)
CaliforniaDepartment oi Transportation
07-304004 O'Donnell Neil
9034944510
$182,095
July I 2020
California Department oi Transportation 08-347704.KramerJouclion, Rte. 395 KiewitInfrastructureWest Co, Chris Otey 206-462-8987
$836.-168.133 DecemberI 2019
Catitomia Department of Transportation 11-2T2184.I15North Coast Corridor.Seg1E,2 Ir 3 Flatiron-Skanska-Stacy and Witbeck JV Dave Sharpnack 951-295-3140 51.092.047.030 December I 2021 SANDAG
South Bay Bus Rapid Transit Segment 2 FlatironWest.inc Chris Wyss 858-736-5166 5647.895 December] 2018
Caitrans O7-312604 Rte 5 SEMAConstruction Mac Delaney
mde|aney@semaconstructiomcom
3208.620 December I 2019
Meohado Lake Pipeline Eastern Ranch OHL Brendan Sainz 949-400-3836 3123.818 November I 2019 Caltrana 08-1 G5504 RTE 40 RV Concrete Brien Pinkerton 714-888-1104 5182.984 October I 2021 Caltrana
08-1G5504 RTE 40 RV Concrete Brian Pinkerton 714-888-1104 3182.984 October] 2021 Caltrana 07-4W5904RTE 33
lnterrnountian Slurry Seal Randy Contreras 775-745-9021 3327.348 October I 2021 Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount.‘ Completion Date:
AQSHCYI
Project Name: PrimeContractor’. Contact: Phone: Contract Amount: Completion Date:
Agency: Project Name: Prime Contractor: Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Prime Contractor. Contact: Phone: Contract Amount: Completion Date:
Agency:
Project Name: Prime Contractor: Contact: Phone: Contract Amount Completion Date:
Catitomia Department of Transportation
08-0Q75U4.Rte. 60 InRiverside
J.McLough|in Engineering
Joe McLaughlin 909-721-1011 51.043.347.790 DecemberI 2021 City orLosAngeles Sampson Way Kiewit Shane Cunningham
562-946-1816
$430,416 October I 2019
Orange County Sanitation District Consolidated Demo at UtilityImprovements FlatironWest, inc. Glenn Polk 909-441-0979 $502,937 Septemberl 2019
SANDAG
South Bay Bus Rapid Transit Segment 3 Putice Construction.Inc. Lucas Cardenas 916-928-2856 8292.955 October I 2018 Eastern MunicipalWater District Perris IIDesalination Facility Project Kiewit MikeSippl 201-522-8024 336,958 October I 2020
Caltrans
11-404604 Rte 56 FlatironWest, Inc. Chris Wyss
858-736-5166 3122.448
July I 2020
Caltrans
08-1K1904 RTE 15 Velarde Concrete Construction.Inc. Amanda Velerde 818- 898-2300 3163.459 Octoberl 2021 Caltrarls 0B—1K1904RTE 15 Velarde Concrete Construction, Inc. Amanda Velarde 818- 898-2300 3163.459
0ctoberI2021
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL (cont’d)
DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor’s DIR Registration of Business Percentage of Work License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
BIDDERCERTIFICATIONS
TO BE EXECUTEDBYALLBIDDERSANDSUBMITTED 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.
CERTIFICATION OF PREVAILING WAGE 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 COMPLIANCE WITH 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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Z; 5/3/2022
der
Travis Bomhoff, Vice President of Operation
2021/22CITYWIDEPAVEMENTREHABILITATION
cup No. 5725 BlDDER'SPROPOSAL (cont’d)
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 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.
CERTIFICATIONREGARDING DIRCONTRACTOR / SUBCONTRACTOR REGISTRATION 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] 1000005380 Subcontractors’ registration numbers are as indicated in Document 00 4314.
BIDDER
5/3/2022
Signature of Bidder Date Signature of Date
Robert J. Stone, President
Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.)
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namerr<e»at:
onsA
ContractorInformation RegistrationHistory
LegalEntityName EifectiveDate ExpirationDate
. . . CALMEXENGINEERING, INC. 05;’30!18 06/30!19 LegalEitityType Como,“-on O5/01I17 O6/30/18
5‘°‘"’ Active osroa/15 06l30f17
RegistrationNumber
1000005380 oa/12/15 as/ao/15
Registration e?ective date 01,3115 06/30/15 07f01I19
Registrationexpiration date 07,01 I19 06/30”:
O6B0122
MailingAddress
2764 S.VISTAAVEBLOOMINGTON 92316 CAUnited
PhysicalAddress
2764 S VISTAAVEBLOOMINGTON 92316 CAUnited
EmailAddress
[email protected]
Trade Name!DEA
CAUWHENGINEERING. INC.
Ucense Number(5)
CSLB:68595lIA
Legal Entity Information
Corporation Entity Number: 1000005380 Federal Employment Identi?cation Number:
President Name: ROBERTSTONE Vice President Name: ROBERTSTONE Treasurer Name: ROSIELOPEZ Secretary Name: ROBERTSTONE CEO Name: ROBERTSTONE Agency for Service:
Agent of Service Name: ROBERTSTONE Agent of Service Ma iiing Address: 2764 S. VISTAAVE BLOOMINGTON92316 CA United States of
16.I
CITYOF HEMET
ID M
Loriso, PE, Actl
R VERS DECOUNTY,CALFORN A
BIDA D CONTRACTDOCU ENTS
2021/22CITYW E PAVE ENTREHABLTAT ON
CAP TAL PROVE E T PROJECTNO 5726
APR L2022
4/28/2022
Steve ng City Engineer Date
R.C.E.No. 64701
This is a prevailing wage project under the laws of the State of
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APPENDIX1
16.I
resgonsible
1W5""03 be
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22 CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726, and appurtenant work i connection therewith, said work to be done n 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.
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_(5) 1(REV|SED BID DATE) _
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 lessthan these rates.
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22CITYWIDEPAVEMENTREHABILITATIONPROJECT,CIP No. 5726, 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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=3+3. 200
I.104'.o0o_
CIP N0. 5726
ITEM
No
10 11
12 13
14 15
_ -.. .wuut PAVEMENTREHABILITATION
B|DDER'S PROPOSAL (cont’d)
BIDSCHEDULE
BASEBID — 2021/22CITYWIDEPAVEMENT REHABILITATION, CIP No. 5726
DESCRIPTION
Mobilization (Not to Exceed 5% of
Bid)
Traffic and Pedestrian Control
Clearing, Grubbing and Removals
Water Quality Control
Temporary Construction Project
Identification Sign
Field Orders
Remove and Replace Ex.Curb and
Gutter
Remove and Replace Ex. Cross
Gutter and Spandrel
Remove and Replace Ex. ADA
Access Ramp
Remove and Replace Ex. Sidewalk
Drain Outlet
Unclassified Excavation
Untreated Base
Hot MixAsphalt
Smooth Pavement Joint Transition
Type "E"AC Dike
UNIT
L5
L5
EA
SF
EA
EA
CY
TN
TN
ESTIMATED
QUANTITY
11 1
40 10,000
44 13,100
14,300
12,000
350
550
UNIT
PRICE
$10,000
EXTENDE
D ITEM
AMOUNT
72.000
4-42.. 000 4'4’2. 000
[L000 H.OOO
(.000 l\.(7/“)0
‘OIOOO
/00.00 4.000
/X.{)0 /30,000
5.250 231.000
7,000 7.000
37.00 484. ‘/00
742/56
92.00 //-0O
00 7,
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and Zero ¢g,q4;;,
//.00 (o.(oOO
/./00 39, (mo
200.00 /I, (900
1,100 2,200
Ho.55O lU.55O
I30,000. c
g
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
BASEBID — 2021/22CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726 EXTENDED ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT
16 Construction AC Driveway SF 600 Transition per Detail 17 Adjust Manhole to Finish Surface EA 36
18 Adjust Valve Can/Lidto Finish
EA 58 Surface
19 Adjust Survey Monument/Canto
EA 2 Finish Surface
20 Signing and Striping L5 1
TOTALBASEBID(numbers)
'k*****************************?*****
BASEBIDTOTAL (in words)
Contractor's Initials
REY R. KIRSCHNER
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/ deductive or alternate bid items/schedules, or to otherwise add or remove certain work from the scope of Onehwndred71"/11'/?y fhausand do//a/5
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL(cont'd)
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, 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.
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sign"ature
3.-
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont’d)
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. LACRESTA AVE. ANAHEIM,CA 92806
Business Address
714-632-6699
Telephone number
714-632-1883
Facsimile number
COREY R. KIRSCHNER - B|DS@ONYXPAV|NG.NET
Name and Email address of primary contact
N/A
Company web address
05/27/2022 05/27/2022
Signature of Bidder Date of Bidder Date
COREY R. KIRSCHNER COREY R. KIRSCHNER
- CEO. P ES. VP. SEC. TRFA — CFO PRFS VP EC, TRFA
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.)
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL(cont’d)
CERTIFICATEREGARDINGCONTRACTOR'SLICENSE
1. Contractor is required to possess one of the following State Contractor's License State of CaliforniaClass ‘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) 630360; A’C42
b. Expires on 10/31/2023
05/27/2022 05/27/2022
S ature of Bidder Date Signature of Bidder Date
COREY R. KIRSCHNER COREY R. KIRSCHNER
- CEO. PRES. VP. SEC, TREA - 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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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
N/A
BIDSECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORM SHALLBEUSEDINTHECASEOF 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 (S 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 Bidshall 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.)
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Harco ational n an
Bond No. TS22-211
2021/22CITYWIDEF
CIP No. 5726 -.iAL (cont’d)
BIDSECURITYFORM FORBOND
KNOWALLBYTHESEPRESENTS
That the undersigned
Onvx Pavino Com 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 _(@?_a_r Amount In words) Ten Percent of Amount Bid
Dollars 10% 0fAm0Unt Bid I 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 [PROJECTNAMEAND DESCRIPTION] THE CONDITIONOF 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 WITNESSWHEREOF, the above bounden parties have executed this instrument this 26th day of Mav , 2022
(Month)
Onyx i_ngCompany, Inc.
(Corporate Seal) By
Pri pal
By N surance Com
5 (Corporate Seal) By
16.I
Deanne K. Dodge
who proved to me on the basis of satisfactory evidence to be the person(sfwhose name(s)'islaae"' hbv
his/her/thefrauthonzed capacity('rss«),/and that by his/her/their signaturezsyon the instrument the persopts), or the entity upon behaif of which the person-v(s7acted, 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 May 26, 2022 before me, -Krows, Notary Public
(insert name and title of the officer)
subscribed to the within instrument and acknowledged to me that he/she/t executed the same i n
I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.
DEANNEKDODGE-KROWS
COMM#32318077
NOTARYPUBLICALIFORNIA
ORANGECOUNTY
commexpires Jan 8, 2024
WITNESS my hand and of?cial seal.
WMD2 ZOWM
Signature (Seal)
16.I
POWER OF ATTORNEY B°"*“‘ T3222“
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 MENBY 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 ofthe 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 regularly elected Of?cers 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 FIDELITYINSURANCE 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 Of?cer, 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 limite in their respective powers of attorney, and to execute on behalf of the Corporation and af?x the Corporation's seal thereto, bonds, undertakings, d 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 Attomeys-in-fact with authority to execute waivers and consents on behalf ofthe Corporation; and (3) the signature of any such Of?cer of the Corporation and the Corporation's seal may be af?xed by facsimile to any power of attorney or certi?cation given forthe 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 of?cer 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
County of Essex County of Cook
SEAL
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 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.
x §0TAN;.
: g-
': "UaL\° :
‘o
0"’ A.Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
CER'I1FlCATlON
I, the undersigned of?cer of HARCO NATIONAL INSURANCECOMPANY and INTERNATIONAL FIDELITYINSURANCE 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 ?le 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 fullforce and effect.
INTESTIMONY WHEREOF, I have hereunto set my hand on this day, May 26th, 2022 A02699
Irene Martins, Assistant Secretary
E1!’
16.I
)
Corev R. Kirschner Nam”? signe?y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifiesonly the identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of Orange
On Mav 26. 2022 before me, Ashlie Blanchard. Notarv Public 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(!:) whose name(8) is/ale subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie(s), 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
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 — 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.NationalNotary.org- 1-800—USNOTARY(1-800-876-6827) Item #5907
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Sig‘:
Ar 69+
a{ure
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL(cont’d)
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODE SECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares
CEO, PRES ONYX PAVING
I am the of QQQMEANYINQQ, 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 05/27/2022 [date], at ANAHEIM [citYI. CA _ [state]
05/27/2022 05/27/2022
ature of Bidder Date Sign of Bidder Date
COREY R. KIRSCHNER COREY R. KIRSCHNER
- CEO. PRES. VP SEC. TREA - CEO, PRES, VP, SEC, TREA
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
Date
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont'd)
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. p,o,~ect 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: of Completion
Name, Address, and Telephone Number of Owner's Representative (Attach additional pages as necessary)
16.I
2021/22CITYWIDEPAVEMEN
CIP No. 5726 B|DDER'S PROPOSAL(cont’d)
DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor's DIRRegistration of Business Percentage of Work License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
6456Land 5 ; “mm 5“""j ‘5’”” /00000/535 Inc.
?m?gelM
Hem1 (?ar?ml) Surveyor
E65 lM1‘lH-its
/rdJ‘u.s+‘\nj Inc.
?3Z7%7 /000004-
Z89
Caren», CA
S e
' P
- ~ . . A:l¢Far";“_:‘;S 4|/€mcn+ 5113+-Znnj e~S+rupmj 7‘/V309 /00000/4.79 m 26
6C’64Mmo n+,CA
ManholeAdJ'u5
+,,,,e,,,5
16.I
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5725 BlDDER'SPROPOSAL (cont’d)
DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor’s DIRRegistration of Business Percentage of Work License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
16.I
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont'd)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITH BID
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'SCOMPENSATION INSURANCE
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 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 PUBLICWORKSCHAPTEROF 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.
16.I
Bl DER:
Si at Sigywatu
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL(cont'd)
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 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.
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] 1000004798 Subcontractors’ registration numbers are as indicated in Document 00 4314. 05/27/2022 05/27/2022
ure of Bidder Date re of Bidder Date
COREY R_ KIRSCHNER COREY R. KIRSCHNER
- CEO, PRES, Vp‘ SEC, TREA - CEO, PRES, VP, SEC, TREA
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
REFERENCES
PROJECTNAME:PAVINGTHEWAY — PHASE3
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:2020 —- 2021
CONSULTINGCOMPANY:CITYOF MONTEBELLO— 1600 W. BEVERLYBLVD,MONTEBELLO,CA90640 CONTACTPERSON:JAMESENRIQUEZ323-887-1462
ORIGINALCONTRACTAMOUNT:$1,929,000
FINALCONTRACTAMOUNT:$3,149,848.10
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN:ADDITIONALSCOPESOFWORK DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECT NAME:PAVEMENTREPAIRPROJECT
PROJECTDESCRIPTION:PAVEMENTREPAIR
APPROXIMATECONSTRUCTIONDATES:JAN 2020
AGENCY:CITYOF CLAREMONT— 207 HARVARDAVE,CLAREMONT,CA91711 CONTACTPERSON:ENRIQUEVILLALOBOS909-399-5479
ORIGINALCONTRACTAMOUNT:$105,000
FINALCONTRACTAMOUNT:$120,727.40
IF FINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROMBIOSCHEDUL E QUANTITIES.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:2019-2020 PAVEMENTREHABILITATION
PROJECTDESCRIPTION:VARIOUSPAVEMENTREHABILITATION
APPROXIMATECONSTRUCTIONDATES:MAY2020 - SEPTEMBER2020
AGENCY:CITYOFARCADIA- 240 W. HUNTINGTONDR,ARCADIA,CA91007 CONTACTPERSON:JANBALANAY626-254-2726
ORIGINALCONTRACTAMOUNT:$2,128,000
FINALCONTRACTAMOUNT:S1,980,917.60
IFFINALAMOUNTISDIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: AGENCYHADADDITIONALSCOPESINORIGINALBI D TO COVERFOREXTRAWORK.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714)632-6699 - FAX(714)632-1883
16.I
PROJECTNAME:DESERTVIEWAVENUEPROJECT
PROJECTDESCRIPTION: CITYWIDEsTREETIMPROVEMENTS
APPROXIMATEcoNsTRucTIoN DATES: 2019
AGENCY:CITYOFDEsERTHOTSPRINGS- 11999 PALMDRIVE,DESERTHOTSPRINGS,CA92240 CONTACTPERSON:DANIELPoRRAs760-329-5411
ORIGINALCONTRACTAMOUNT:$741,330.98
FINALCONTRACTAMOUNT:$741,330.98
IFFINALAMOUNTIs DIFFERENTFROMORIGINALAMOUNT,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 DIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN:N/A DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:CHICAGOAVERECONSTRUCTIONPROJECT
PROJECTDESCRIPTION:STREETREHABIILITATIONANDRECONSTRUCTION APPROXIMATECONSTRUCTIONDATES:AUG2020 - OCT2020
AGENCY:RIVERSIDECOUNTYTRANSPORTATIONDEPARTMENT- 3525 14'"STREET,RIVERSIDE, CA92507 CONTACTPERSON:MEHRANSANATI951-255-2762
ORIGINALCONTRACTAMOUNT:51,424,000
FINALCONTRACTAMOUNT:$1,445,396
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT, PLEASEEXPLAIN:ADD‘LSCOPESOFWORKBYAGENC Y
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?N0
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 632-6699 — FAX(714) 632-1883
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PROJECTNAME:2018/19ARTERIALANDMINORSTREETSMAINTENANCEPHASE1&2 PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:AUG 2020- MARCH2021
AGENCY:CITYOF RIVERSIDE- 3900 MAINST, RIVERSIDE,CA92501 CONTACTPERSON:STEVENHOWARD951-826-5311
ORIGINALCONTRACTAMOUNT:$5,050,000
FINALCONTRACTAMOUNT:N/A
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,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:MASOUDSEPAHI714-920-7604
ORIGINALCONTRACTAMOUNT:$606,000
FINALCONTRACTAMOUNT:$616,241.42
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN:C/ODUETOEXISTINGFIELDCONDITIO NS.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 —- TEL(714) 632-6699 - FAX(714) 632-1883
16.I
LARGEPROJECTREFERENCES
PROJECTNAME:RESIDENTIALSTREETIMPROVEMENTPROJECT
PROJECTDESCRIPTION: STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:SEPT2020 — NOV2020
CONSULTINGCOMPANY:CITYOFANAHEIM— 200 S. ANAHEIMBLVD,ANAHEIM,CA92805 CONTACTPERSON:KALLAMBAZ714«765-6935
ORIGINALCONTRACTAMOUNT:$1,711,000
FINALCONTRACTAMOUNT:$1,733,320
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT, PLEASEEXPLAIN:C/ODUETOADDITIONALSCOPES DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:PAVEMENTREHABILITATIONFORVARIOUSLOCALSTREETS— CDBGFISCALYEAR19/20 PROJECTDESCRIPTION: CITYWIDEPAVEMENTREHABILITATION
APPROXIMATECONSTRUCTIONDATES: JAN2020 - MARCH2020
CONSULTINGCOMPANY:CITYOF MORENOVALLEY
CONTACTPERSON:QUANGNGUYEN951-413-3159
ORIGINALCONTRACTAMOUNT:$1,576,000
FINALCONTRACTAMOUNT:$1,445,035.72
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN:REDUCTIONINQUANTITIES DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:FY2017-18 RESIDENTIALSTREETSREHABILITATION PROJECT PROJECTDESCRIPTION: CITYWIDESTREETREHABILITATION
APPROXIMATECONSTRUCTIONDATES:MARCH2020-JUNE2020
AGENCY:CITYOFWESTCOVINA— 1444 W. GARVEYAVE5., WESTCOVINA,CA91790 CONTACTPERSON:OKANDEMIRCIOKAN.DEM|[email protected]
ORIGINALCONTRACTAMOUNT:$1,009,000
FINALCONTRACTAMOUNT: $1,360,000
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN: SCOPESOFWORKCHANGEDBYAGENC Y
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?N0
ONYXPAVINGCOMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 632-6699 — FAX(714) 632-1883
16.I
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"‘fir
Monterey Park,CA9174
Ph:323-269-0020
Fx:323-263-4576
Contact: MatthewVawter
GMCEngineering, Inc.
1401 WarnerAve
Tustin, CA92780
Ph: 760-744-133
Fx:714-247-1041
Contact: Gennady
LusardlConstruction
1570 LindaVistaDr.
San Marcos, CA92064
Ph: 760-744-3133
Fax: 760-744-9064
Contact Scott Staley
REFERENCES
IORQ DFRCORMFD!
Centerpointe
Sycamore Bus. Park
Hillwood Hofer Ranch
Interchange A-E
San MichelleLogistics
Terra Francesco
IDFATIUN:
Moreno Valley
Riverside
Ontario
San Bernardino
Moreno Valley
Ontario
BP Refinery Maintenance Shop Carson
Edison
FEDEX— Otay Mesa
Team Nissan
Edge at Campus
carmax
Seabrldge
Romoland
San Diego
Oxnard
ElSegundo
Oxnard
Oxnard
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699-- FAX(714) 632-1883 AMOUNT:
$3,187,914.00
$999,708.00
$503,500.00
$1,288,615.
00 $570,574.00
$524,215.00
$896,357.00
$1,623,480.00
$1,335,530.
00 $559,075.00
$541,385.00
$505,443.00
$329,450.00
16.I
Haagen Company, LLC
12302 ExpositionBlvd
LosAngeles,CA90054
Ph:310-820-1200
Fx:310-820-1225
Contact: ChrisFahey
ARCONationalConstruction Co.
900 N.RockHillRd
St. Louis,MO63119
Ph:314-963-0715
Fx:314-963-7114
Contact: ChrisWilson
Grant General Contractors
5051 AvenldaEnclnas
Carlsbad,CA92008
Ph:760-438-7500
Fx:760-438-3056
Contact: Pete Burrows
Empire PoloClub Indio
Scanneil FEDEX Burbank
Whittier Area Community Whittier
Church
Crevler BMW Santa Ana
ONYXPAVING COMPANY,INC.
$1,035,745.
00 $1,125,958.
00 $625,920.00
$30,600.00
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714)632-6699- FAX(714) 632-1883
16.I
ASPHALTRUBBERHOT MIXREFERENCES:
GENERALCONTRACTORS: ,_,, _,, ,, ,,,
GMCENGINEERING, INC.
1401 Warner Ave, Ste B.
Tustin,CA92780
Ph: 714-247-1040
Fx:714-247-1041
Contact: GennadyChizik
R.DOLSONCONSTRUCITON,INC.
2955 MainStreet, 3" Floor
Irvine, CA92614
Ph:949-474-2001
Fx:949-474-1534
Contact: Jeremy Dunn
JOBS PERFORMED: I nl'fATl0N: AMOUNT:
KatellaAve. St. Improv LosAlamitos $120,000.00
Va rious Projects
LldoHouse Hotel Newport Beach $193,105.00
IF YOUHAVEANVQUESTIONS,PLEASEFEELFREETOCONTACTCOREYKIRSCHNERAT 714-632-6599OR VIAEMAILAT [email protected]
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 632-6699- FAX(714) 632-1883
16.I
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GENERALCONTRACTORREFERENCES:
ONYXPAVINGCOMPANY,INC
2890 E. LACRESTAAVE
ANAHEIM,CA92806
PHONE:(714)632-6699
FAX: (714) 632-1883
PRESIDENT:COREYR. KIRSCHNER
BANK: BANKOFTHEWEST
INSURANCEAGENT:WOODGUTMANN8: BOGART
SURETYAGENT:
MATICHCORP.
ALLAMERICAN
KELTERITECORP.
VULCANMATERIALSC0.
FULLMERCONSTRUCTION
BYROM-DAVEY,INC.
PACIFICCONST.GROUP
ERICKSON-HALLCONST.CO.
CREDITREFERENCES
DATEESTABLISHED 1/4/90
TYPEOF WORK- ASPHALTPAVING
CORP.TAXID.II33-0394344
CONTRACTORSLIC.fl 630360-
A
14029 SPRINGWATERLN.EASTVALE, CA 92880
4501 E. LAPALMAAVENUE,ANAHEIM,CA92807
PHONE:(714) 777-9620 BRYANPLOESSEL
15901REDHILLAVE.,STE.100,TUSTIN,CA92780
PHONE:(714) 824-8384 MICHAELTRAN
TURNERSURETYANDINSURANCEBROKERAGE, INC.
5 HUTl'0NCENTRE,STE.730,SANTAANA,CA92707
PHONE:(714) 915-4032 IEREMYPENDERGAST
P.O. BOX10, HIGHLAND,CA92346
P.O. BOX2229, CORONA,CA92878
12231 PANGBORNAVE.DOWNEY,CA
16013 E. FOOTHILLBLVD,IRWINDALE,CA91702
1725 S. GROVEAVE.,ONTARIO,CA91761
13220EVENINGCREEKDR.SOUTHII103,SANDIEGO
17895 SKYPARKC|R., IRVINE,CA92614
500 CORPORATEDR., ESCONDIDO,CA92069
ONYXPAVING COMPANY,INC.
(909)382-7400 Steve Matlch
(951) 736-7600Carl
(562)401-0011 Gladys
(858)530-9414 Debble
(909) 947-9467Casey Jones
(858) 513-7199 Steve Davey
(949) 748-1500Mark Bundy
(760) 796-7700 Justin Slnnoit
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 -— TEL(714) 632-6699 — FAX(714)632-1883
16.I
RESUME
Corey Kirschnerhas over 20 years of experience both as an estimator andCEO.Corey is an experienced estimator and leada majority of those years being the ChiefEstimator before becoming CEOand Presidentof Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey hascompleted over 3,000 paving projects, allowing the company to gross over $50 milliondollars in the previous year.
Jay Kirschner,Senior Project Manager, holds a Bachelor'sDegree from Chapman University and has 7 years of experience upholdingthe maintenance supervisor and lead estimator position forOnyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobiiizatio ns for allprojects.
Tyler Henry, FieldSuperintendent, serves as the core of allfield relatedmatters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tylerhas been withOnyx in completing all of our PublicWorks projects. Overseeing the on-site laborers, cement masons, and operating engineers i s
one of his many responsibilities.
BACKLOGALLOCATION:
Corey Kirschner,Jay Klrschner, and Tyler Henry oversee 100%of all current project in attached backlog ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE, ANAHEIM,CA92806 — TEL(714) 632—6699-FAX(714) 632-1883
16.I
Corey Klrschner
Jay Klrschner
Tyler Henry
CEO/President
Senior Project Manager FieldSuperintendent
Key individualResponsibilities:
- Manage overalloperations and resources of company
- Decisionmaker of corporation
- Leadproject management team with organization
- Overseeing overallproject scheduling, budgeting, and dispatching on allprojects — Mainpoint of communications between company and agencies - Leadand manage on-site labors and operators
- Coordinate dailyoperations and project production
- Ensuring project quality expectations are met
ONYXPAVINGCOMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 632-6699 — FAX(714) Corey
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Jay
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ACTIVELICENSE
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10/31/2023 www.cs|b.ca.gov
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Theundersigneddirector,constitutingtheentireboardofdirevlors(the"Banr(l")of OnyxPavingCompany,1uo.,a Californiacorporation(the“Cor-para!ion"), herebytakesthe followingactions,adoptsthefollowingreeolutions,andtransectsthefollowingbusiness,by writtenconsentwithoutomeeting,as of thedateabovewritten,pursuanttoSection3(?(h)ofthe GeneralCorporationLowoftheStateofCalifomleandtheCorporation's Eylawm &§?
WHEREAS ehneriscurrentlytheCorpora_tlon‘s ChiefExecutiveOf?cer, ChiefFinancial “0_mcer")withauthorityto enterintocontractsonbehalfofthe WHEREAS,theCorporationopportunl
venmrentnl andnon-governmental projects;
WHEREAS, after carefulconsideration,the Boardhas determinedthatthe terms and conditionsof the proposedprojectin the fora;of the bid attachedheretoas mrmg (me "PIa]£ct”) arej\_rstandequlubleandfairasto theCorporationandthatit ininthebestinterests of theCorporationanrlitssmoldrolclertosubmitthe bid andcompletetheProjectsubjectto the term: agreeduponby theparties.
NOW,THEREFORE, BEIT RESOLVED,theBoardonbehalfoftheCorporation herebyapprovesandrati?estheProjectinallrespects,andherebyauthorizeanddineetthe Corpocretionto negotiate,execute,deliverandperformthetermsofe? documents,requiredin connectionwiththeProject,togetherwithsuchchargestheretoasmy becppravedbythe O?ioerexecutingthesameonbehalfof the Corporation(vursunntotheauthorizationprovided herein),suchapprovaloftheO?ieerto be conclusivelyevidencedbyltsexeeutlonand delivery agreementsandany andallotherdocumentsandirmmtmentnndt
may benecessaryorappropriate, forthe?nancingoftheCometlmr.
RESOLVEDFURTHER,that the O?eer herebyauthorized, directed,and empoweredto exeouteanddeliveranyand allsgreenren andanyandallotherdounmeotsand instruments,and take such ?trthar action; as may necessaryor appropriate,for the ONYXPAVINGCOMPANY,INC.
License#630360-- DIRI51000004798
UNANIMOUS WRITTENCONSENTor
THEBOARDOFDIRECTORSOF
ONYXPAVINGCOMPANY,INC,
(2California corporation)
October28,2020
,Corey Kits
and Of?cer(the
Corporation.
tiesfromtimeto timeto bidon ya?ous
go
of same.
RESOLVEDFURTHER,that the Officermay execute‘anddeliverany and al l s, ekesuch?artheractionsa
or s
is
ts
be
consummationftheProject.
EastLaCrestaAve,Anaheim,CA92806— PH:(714)632-6699- FX(714)632-1883
16.I
RESOLVEDFURTEER,that the O?icer, in the nameofth C°nm'i°n-|= "WY authorized,directed. andempoweredto negotiate.execuk anddeliverIoiheipp?cable counterputy, any and all documentsvdth respectto the-Pxojectandotherimrumentsasm_aybe reasonably1’°°Il1.€IDed, mgtheO?iceron bshelfof theCorpom?onisatihorized?rm111119 ‘° timeto executemiewalsorextensionsor otherinsmuixamsasmy bnm=i9mYmssonvnn runrmm,amtheauthoritygivenhemmdershallbedeemedIfetroac?ve andanyandallamauthorized hereunderperformedpriorto thepassageofthisresoluuon are herebyrati?edandetf?rmed,
TmSecretaryoftheQorpomtioni_adirectedto ?le theoriginalexecuted cop)’ofthis Consentwiththeminutesofproceedingsof theCoxpomtion.
{Signaturepagefollow
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ONYXPAVINGCOMPANY. INC.
Licensemom-nma zoooooms
INWITNESS F.theunderslgnedhasexecutadthjswanlmousWritte Consent n of theBoardo'fD1re'ctorsasofthedate?m abovewritten CoreyKirschner
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Secretary of State
statementof Information
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16.I
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22 CITYWIDE PAVEMENT REHABILITATION, CIP No. 5726, and appurtenant work i connection therewith, said work to be done and materials to be n 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/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 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 2021/22CITYWIDEPAVEMENTREHABILITATIONPROJECT,CIP No. 5726, 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.I
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726
ITEM
No
10 11
12 13
14 15
BlDDER'SPROPOSAL (cont’d)
BIDSCHEDULE
BASEBID- 2021/22CITYWIDEPAVEMENTREHABILITATION,CIP No. 5726
DESCRIPTION
Mobilization (Not to Exceed 5% of
Bid)
Traffic and Pedestrian Control
Clearing, Grubbing and Removals
Water Quality Control
Temporary Construction Project
Identification Sign
Field Orders
Remove and Replace Ex. Curb and
Gutter
Remove and Replace Ex. Cross
Gutter and Spandrel
Remove and Replace Ex.ADA
Access Ramp
Remove and Replace Ex.Sidewalk
Drain Outlet
Unclassified Excavation
Untreated Base
Hot Mix Asphalt
Smooth Pavement Joint Transition
Type "E" AC Dike
UNIT
LS
EA
SF
EA
EA
CY
TN
TN
ESTIMATED
QUANTITY
11 40
10,000
44 13,100
14,300
12,000
350
550
UNIT
PRICE
$10,000
EXTENDE
D ITEM
AMOUNT
l‘ua,s-es‘ 149,905‘
$027,744 697,744
25/000 Z5, OOO
/9,000 ($1000
’/500 /La.€oc>
(0,000
/00 4,050
2\D,ooo
8,(>00 am, 006
4,800 ‘L800
39 610,700
DJ) 23g,’ 000
W !,I5.s2,
0o0
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ivmtMakingumaaannnenenmpptwntaa-entwieur
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL(cont'd)
BASE BID - 2021/22CITYWIDE PAVEMENTREHABILITATION,CIP No. 5726 EXTENDED III-“E3”DESCRIPTION UNIT ITEM
AMOUNT
Construction AC Driveway 16 _ DO Transition per Detail SF 600 II”/JV 17 Adjust Manhole to FinishSurface EA 36 I,OOO 319,000
Adjust Valve Can/Lidto Finish . 13 I . Surface EA 58 190 I,I000 Adjust Survey Monument/Canto 19 I 000 Finish Surface EA 2 ' 1/ O00 20 Signing and Striping L5 1 l§,oo0 15» 00°
3,;2b'l,szm
oc TOTAL BASEBID (numbers)
***********************'A-************ B
BASEBIDTOTAL (in
_ Mvlctx) Vim»: ours.
Contractor's Initials
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 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 schedule(s) only unless otherwise specified in the Notice Inviting Bidsor by Addenda if issued to supersede the Notice Inviting Bidson 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
16.I
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont'd)
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, 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.
16.I
/22.
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
Complete the following:
AllAmerican Asphalt 1000001051 257073
Legal name of the business, DIRReg. and Contractor License Nos.
Corporation
Business Type (Corporation, Partnership, Sole Proprietor) **N!A**
DBA(if any)
Mark Luer, President
Name and title of the owner
Edward J Carlson, Vice President
Name and title of second partner or officer
400 East Sixth St Corona, Ca 92879
Business Address
951-736-7600
Telephone number
951-736-7646
Facsimile number
mramirez@a||americanaspha|t.com
Name and Email address of primary contact
Allamericanas ha|t.com
Company web address
$7 21
Signature of Bi Date Signature of Bidder Date
Edward J Carlson, Vice President Michael Farkas, Secretary Print name and title Print name and title
(If the Bidder is a corporation two signatures ofcorporate officersare required.) A1-5
16.I
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
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): 267073
b. Expires on 1/31/2024
5/21 §/27
Signatu of Bid Date Signature of Bidde Date
Edward J Carlson, Vice President Michae| Farkas, secretary 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.
16.I
NYRACTORS SEE LICENSEam
C0
STATE RD """""'°""""""" ACTIVELICENSE
...........267073 .... CORP
mm ALLAMERICANASPHALT
¢'._??IrIIIA
mum. O1/31/2024 www.csIb.ca.gov
16.I
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
**B|D BOND INCLUDED **
BIDSECURITYFORM FOR CHECK
NOTE: THE FOLLOWINGFORM SHALLBE USED 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 (S 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 i n connection therewith, and shall in all other respects perform the Contract created b y 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.
S /2
3 Signatu of Bi Date Signature of Bidder Date
Edward J Carlson, Vice President Michael Fa rkas, Secretary Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate officersare required.)
16.I
(S
/Ti Principal U4“ TCAF
"'93 .
Bond No. 08597423
1 r
Bid Date: 05/30/2022
2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 BlDDER'SPROPOSAL(cont’d)
BIDSECURITYFORMFORBOND
KNOWALLBYTHESEPRESENTS:
That the undersigned
AllAmerican Asphalt
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET,a political subdivisionof the State of California,as obligee, in the penal sum of [Dollar Amount In words) Ten Percent of Total Amount Bid-----
Dollars 10% OfBid ) lawful money of the UnitedStates of America being at least ten percent (10%) of the aggregate amount of said Principal'sbase 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 2021/22 CITYWIDE PAVEMENT REHABILITATION THE CONDITIONOF THISOBLIGATIONIS SUCHthat if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principalshall 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 5th day of May 2023.
(Month)
AllAmerican Asphalt
(Corporate Seal) By I _
l S’0"l/VP
By Fidelity and Deposit Co nvof Maryland
Surety
(Corporate Seal) By
Rebecca Haas-Bates, Attorney-in-Fact
16.I
Slgmlun Maury
AllAmerican Asghalt jbl?j
CAL FORM A ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer 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. accuracv. or validitv ofthat document.
State of California
County of Riverside
On Ma)’ 27:2022 before me, Sarah Amanda Langlev. Notarv Public Date Here Insert name and Title of the Of?cer
personally appeared Edward J. Carlson
Name(s7-of Signer(s7-
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 cl acknowledged to me that he/she/they executed the same in SARAHAMANDA LANGLEY a.” - . - . . - NotaryPublic_ California his/he~#the+r authorizedcapacIty(+es), and that by his/her/the+r RiversideCounty signature(s) on the Instrument the person(s), or the entity upon behalf Commission# 2337877 of which the person(s) acted, executed the instrument.
Comm.ExpiresNov20, 2024
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITN hand and seal.
Place Notary Seal Above of Public OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document B'd Bond
Document Date: 05/05/2022 Number of Pages: 3
Signe,(5> other-Than Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(iee) Claimed by Signer(9)
Signer's Name: Edward J. Carlson Signervs Name N/A
:1 Individual D Individual
x Corporate Of?cer— Title(s): Vice President ,3 Corporate Of?cer-_ -I-mew; N/A :2 Partner LJ:1 Limited cuGeneral ,3 partner [3 ,3 Limited C, General D Atmmey in Fact El Attorney in Fact D Trustee Top of thumb here D Trustee Top of thumb here
F‘ Owe" El Other: N/A
Signer is Representing Signer is Representing:
RIGHT THUMBPRWT FHGHTTHUMBPRINT OF SIGNER
16.I
?e/she/they executed
nets}on the instrument t
Pu
, Bond
Asphalt
Signer ls Representing:
Fidelity and Deposil Company
CAI. FORM A ALL-PURPOSE ACKN EDGMENT CIVIL CODE § 1189
A notary public or other officercompletingthis certificateverifies only the identity of the individualwho signed the document to whichthis certi?cate is attached.and not the truthfulness,accuracy. or validityofthat document.
State of Caiifomia
County of Oramze
On 05/05/2022 before me, Alma Karen Hernandez, Notarv Public Date Here Insert Name and Title of the Officer
personauyappeared Rebecca Haas—Bates
NameisykofSigner(s)
who proved to me on the basis of satisfactory evidence to be the personta) whose name(s} is/are subscribed to the within instrument and acknowledged to me that the same in his/her/theirauthorized capacity(i‘es),and that by his/her/their signatu he person(s), or the entity upon behalf of which the person@;)acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws
of the State of Californiathat the foregoing paragraph
is true and correct.
ALMAKARENHERNANDEZ W] h
-
i NotaryPub“: _ California TNESS my and and of?cial seal. 2 OrangeCounty § Commissiont 2390908
C°mm ExisresJan 16. 2025 Signature
Signature of Notary
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: Bid Document Date: 05/05/2022 Number of Pages: Onelll Signer(s) Other Than Named Above: A“Am°Ti°a“ Gapacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas—Bates Signer's Name:
II Corporate Officer — Tit|e(s): ElCorporate Of?cer — Tit|e(s):
Partner — I] Limited General El Partner — El Limited ElGeneral Individual BAttorney in Fact [3 Individual ElAttorney in Fact _ Trustee Guardian or Conservator ElTrustee ElGuardian or Conservator C Other: El Other".
Signer ls Flepresentin :
of Maryland 9
@2014 NationalNotaryAssociation- www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907
16.I
Allomcys-inAFa\:l
www. reponsfblaimsggzurichna.com
EXTRACT FROM BY-LAWS OF THE COMPANIES
2022
1990
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT TO:
"Article V, Section 8, . The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, ofthe ByLaws ofthe Companies is still in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution ofthe Board of Directors ofthe ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certi?cate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution ofthe Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 5111 day of M3)’
By: Brian M. Hodges
Vice President
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
16.I
Asphalt
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont’d)
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
Vice President I am the of A” American 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 ifornia that the foregoing is true and correct and that this declaration is executed on 3 Z1 Idate], at Corona [city], Califnrnia lstate
3727 2
Sign of Bidd Date Signature of Bidder Date
Edward J Carlson, Vice President IVII°haeI FarkasvSecretaw Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
Sarah Amanda Lan le .Notar Pub]
sum AMANDAumzv
Notary mu: - canton-a
RlvevsxdeCmnxy
~ q., Commssmn:z3z7a77 '
..;.c MycommExp('esNnv 20 2014
xgmx-wen( Nomy
AllAmerican As halt A" American Asghéu
CAL FORM A ALL-PURPOSE ACKNOWLEDGEMENT C VIL CODE 1189
A notary public or other officer 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 truth?ilness. accuracv. or validitv ofthat document.
State of California
County of Riverside
On May 27, 2022 before me, , Date Here insert name and Title of the Of?cer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s)
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 hellehe/theyexecuted the same in his/her/their authorized capacity(ies), and that by hislher/their g E signature(s) on the instrument the person(s), or the entity upon behalf ‘ of which the person(s) acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNE hand and of?cial seal.
Place Notary Seal Above Public OPTIONAL
Though the information below is not required by law, itmay prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
or of Document
Document Date: 05/27/2022 NumberofPages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name Edward J. Carlson Signerns Name Michael Farkas E‘ '"‘“V‘d“<'=" .3 individual
X Corporate Of?cer— Tit|e(s): Vice President X Corporate of?cer _ 1-me(s). Secretarv '3‘ Palmer D '3 Limited '3 Gerleral El Partner Ll El Limited a General :1 Attorney in Fact D Attorney in Fact D Trustee Top of thumb here D Trustee Top of thumb here
D Other‘ El Other:
Signer is Representing Signer is Representing
PJGHT THUR/VBF‘RHJT PJCHT THLIMBPRW
OF SIGNER OFTS|GNER
16.I
Cityof Ana
lege proveme
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont’d)
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 The Agency Engineer will make the final
determination of whether the projects listed here are of the same type, size and complexity as (elements), size and complexity of work.
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
Contract Price 471 178.00 of Completion
Name, Address, and Telephone Number of Owner's Representative Citv of Corona 400 Sout Vicentia .ca 92852
BarrvGhaemi 951-736-2400
Project Name: State Col Blvd lm nt
Contract Price: 484,343-00 Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
heim 200 S Anaheim Blvd Anaheim, CA 92805
Jose Cortez 714-765-5039
2020 Fall Pavement Rehabilitation Proiect
$2,499,333.00
Project Name:
Contract Price:
Name, Address, and Telephone Number of Owner's Representative:
303 East B Street Ontario, CA 91764
Ariana Kern 909-395-2129
City of Ontario
(Attach additional pages as necessary)
A1—10
Street Pavement Maintenance & Rehabilitation Project
Date of Completion:
1/2022
4/2022
12/2020
16.I
en [email protected]
Dianchannon lennancom
Todd.shank@norc
JneI|[email protected]
[email protected]
bghaemi(a7Coronaca.gov
2021
PASTWORKREFERENCES
Colony Commerce
C/O Caprock Partners
1300 Dove Street Suite 200
Newport Beach, CA 92660
Contact: Eric Nutter (949) 428-1400 Ext. 209
Lennar Homes
25 Enterprise #300
Aliso Viejo, CA 92656
Contact: Diane Hannon (949)349-8000
City of Norco
2870 Clark Ave.
Norco, AC 92860
Contact: Todd Shank (951) 270-5603
o.ca.us
Los Angeles Department of Water and Power
111North Hope Street, L-43
Los Angeles, Ca 90012
Contact: Joelle Morisseau (213) 367-0123
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
Contact: Scott Fisher (949) 248-3577
City of Corona
400 South Vicentia
Corona, CA 92852
Contact: Barry Ghaemi (951) 736-2400
Archibald St. Improvements
Contract Amount: $1,949,000.00
Start: 12/2019
Completed: 12/2021
Merrill & Haven Street Improvement
Contract Amount: $1,481,832.15
Start: 6/2020
Completed: 12/2021
Wayne Makin Park Slurry Seal Project
Contract Amount: $52,725.89
Start: 10/2021
Completed: 12/2021
Pine Tree Power Plant Access Road Repai
Improvements r
Contract Amount: $810,400.00
Start: 5/2021
Completed: 7/2021
Slurry Seal Project 19/20
Contract Amount: $1,897,897.00
Start: 04/2020
Completed: 05/2021
Street Pavement Maintenance
& Rehabilitation Project No. 2020.01
Contract Amount: $3,471,178.00
Start: 6/2021
Completed: 1/2022
16.I
'[email protected]
[email protected]
[email protected]
[email protected]
2021
PASTWORKREFERENCES
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Contact: Jose Cortez (714) 765-5039
County of Orange
601 North Ross Street
Santa Ana, CA 92701
Contact: Stephen Clayton (714) 995-0206
City of Norwalk
12700 Norwalk Blvd.
Norwalk,CA 90650
Glen W. C. Kau (562) 929-5723
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Navin Maru (714) 741-5180
State College Boulevard Improvement
from Ball Road to SR 91 Freeway
Contract Amount: $484,848.00
Start: 8/2021
Complete: 4/2022
Rossmoor Collectors Grind & Overlay
Contract Amount: $ 2,148,320.90
Start: 4/2021
Complete: 12/2021
Local Streets Rehabilitation
Zone 27 East of Gard — No. 7925.3
Contract Amount: $1,051,330.00
Start: 6/2021
Completed: 12/2021
Arterial STS. Rehabilitation
Contract Amount: $3,185,281.00
Start: 6/2022
Complete: 12/2021
16.I
%‘(:)PeX[OF Vemem Mon,-
®e"~\>?’\0r\§I U,
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL(cont’d)
DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor’s DIR Registration of Business Percentage of Work License No. Number
Sow cxbmcs
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ.)
OYa\/1%e;(,74 100000535
77(a30(o 100000/4 7!;
9
16.I
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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITH 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 PUBLICWORKSCHAPTEROF 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.
16.I
/2
“
Michael Farkas Secretarv
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont’d)
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 Disqua|ifications” is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
Bymy 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.
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
</77 2 3-/27/22
Signatu of Bi Date Signature of Bidder Date
Edward J Carlson, Vice President
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
CHARACTERISTICS).ANDIORAGE ANDOVER ALLOTHER PERSONN
SUCHAS COMPENSATION, BENEF LAYOFFS, EFURNFROMLAVOFF,
NCUPANIANDHASAHIGH URAGEALL OF OUR EMPLOV
PARTICIPATEINTHISEFFORT INORITIESANDFEMALES‘I'D
FORASSISTANCEINTHEEQUALOPPORTUNITYPROGRAM. MANAGERSAND
EMPLOVEE8SHOULDCONTACTMARKLUER.EEOCOORDINATORAT (951) 736-7500.
HASTHESPECIFICRESPONSIBILITIESTO MONITORANDASSESSTHEPROGRESSF OUR EOUALEMPLOYMENTOPPORTUNITYANDAFFIRMATIVEACTIONPROGRAMS.
ALLAMERICANASPHAL
T
'I' ‘1Sl—73h-7r»f)(1 F"51-73‘!-467
(‘.0 ! Iiux ALLAMERICAN Cm\‘lR.'\L'IuRs llcl Ml #267075 ACI2 ASPH/\LT'?" Dvnmooooouosl AN JAL0(‘l‘nRTU.\:ITY |EMl'LOY[ll TOALLAMERICANASPHALTPERSONNEL:
ITISTHESTATEDPOLICYOF ALLAMERICANASPHALTTHATALLEMPLOYEESAND APPLICANTSSHALLRECEIVEEQUALCONSIDERATIONANDTREATMENT.ALL RECRUITMENT. HIRING.PLACEMENT. TRANSFERANDPROMOTIONSWILLBEON THE
BASISOF OUALIFICATIONSOF THE INDIVIDUALFOR THE POSITIONBEINGFILLED WITHOUTREGARDTO RACE.COLOR.RELIGION. SEX.SEXUALORIENTATION. MARITAL STATUS.NATIONALORIGIN.ANCESTRY.DISABILITY(MENTALANDPHYSICAL.
INCLUDINGHIVANDAIDS).MEDICALCONDITION(CANCERANDGENETIC
(40 ). ELACTIONS.
ITS. R
TERMINATION'S. TRAININGANDSOCIALANDRECREATIONALPROGRAMS ARE ADMINISTEREDWITHOUTREGARDTORACE.COLOR.RELIGION. SEX.SEXUAL ORIENTATION. MARITALSTATUS.NATIONALORIGIN.ANCESTRY, DISABILITY(MENTAL ANDPHYSICAL. INCLUDINGI-IIVANDAIDS).MEDICALCONDITION(CANCER AND GENETICCHARACTERISTICS). ANDIORAGE(40 ANDOVER).
EQUALOPPORTUNITYIS A CONTINUINGEFFORTANDREQUIRESTHEFULLSUPPORT
OF ALLOF USTO ENSURE THEDEVELOPMENTOF OURMINORITYANDFEMALE EMPLOYEES.EACH POSSIBILITYTO HIREOR PROMOTESHOULDBEVIEWEDAS AN
OPPORTUNITYTOWARD OUR GOALOF A FULLERUTILIZATIONOF OUR MINORITYAND FEMALEEMPLOYEES.EACHMANAGERWILLCOMMUNICATETO EMPLOYEESTHAT OURCOMMITMENTTO ANAFFIRMATIVEACTIONPROGRAMIS REAL.IS SUPPORTEDBY OU PRIORITY.WE ENCO EES
TO BYENCOURAGINGM
APPLYFOR EMPLOYMENTANDTO SEEK PROMOTIONS.
H
ORE
MARKLUER
PRESIDENT
2011
16.I
y for Service:
5/25/22, 12:09 PM Registrations
Registration
History
Legal Entity Information
Agent of Service Name:
MICHAELFARKAS
Agent of Service MailingAddress:
400 E SIXTHST CORONA 92879 CA United States of America
Worker's Compensation
No
Please provide your current worker's compensation insurance information below:
PEO Information
PEO Name
PEO Phone
PEO Email
Insured by Carrier
Policy Holder Name:
https://cadir.secure.force.com/Contractorsearch/registrationSearchDetai|s?id=a1Rt0000002hLLLEA2 1/2 Contractor Information
Legal Entity Name ALLAMERICANASPHALT
Legal Emily Type Effective Date Expiration Date
cofpora?on 05/11/18 06/30/19
status 05/08/17 06/30/13 A°""° 05/02/16 06/30/17 Registration Number 1000001051 06/09/15 06/30/16 Registration effective date 03/25’14 06/30/15
07/01/20 07/01/19 06/30/20
Registration expiration date 07/01/20 06/30/23
06/30/23
Mailing Address PO BOX 2229 CORONA 92878 CA United States of America Physical Address 400 E SIXTH ST CORONA 92879 CA United States of America Email Address pubIicworks@aIlamericanasphaltcom Trade Name/DBA
License Number (5) CSLB:267073 CSLB:267073
Corporation Entity Number:
C0570879
Federal Employment Identi?cation Number:
952595043
President Name:
MARKLUER
Vice President Name:
EDWARDJ CARLSON
Treasurer Name:
MICHAELFARKAS
Secretary Name:
MICHAELFARKAS
CEO Name:
Do you lease employees through Professional Employer Organization (PEO)?:
16.I
IT F HEMET
PE,Actl
CYO
R VERS DECOUNTY,CALFORN A
B D AND CONTRACTDOCU ENTS
2021/22C TYW DE PAVE ENTREHABLTAT ON
CAP TAL MPROVEMENT PROJECTNO. 5726
APR L2022
4/28/2022
Steve Loriso, ng City Engineer Date
R.C.E. No. 64701
This is a prevailing wage project under the laws of the State of
16.I
APPNE DX1
16.I
) \
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22 CITYWIDE PAVEMENT REHABILITATION,CIP No. 5726, 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/or Contract 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 2021/22CITYWIDE PAVEMENT REHABILITATIONPROJECT, CIP No. 5726, 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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2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
BIDSCHEDULE
BASE BID- 2021/22CITYWIDE PAVEMENT REHABILITATION,CIP No. 5726
EXTENDE
D
ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT
1 Mobilization (Not to Exceed 5% of
Ls 1 Bid)
2 Traffic and Pedestrian Control L5 1
3 Clearing, Grubbing and Removals LS 1
4 Water Quality Control LS 1
5 TemporarvConstruction Project EA 11 Identification Sign 6 Field Orders L5 1 $10,000
7 Remove and Replace Ex.Curb and
LP 40 Gutter
Remove and Replace Ex. Cross 8
Gutter and Spandrel SF 10'00O
9 Remove and Replace Ex.ADA
EA 44 Access Ramp
10 Rernove and Replace Ex. Sidewalk
EA 1 Drain Outlet
11 Unclassified Excavation CY 13,100
12 Untreated Base TN 14,300
13 Hot Mix Asphalt TN 12,000
14 Smooth Pavement Joint Transition LF 350
15 Type "E" AC Dike LF 550
$5,ooo 36,coo
263,000 263,000
257,‘H3’25-],H;
I0.6oa
1,340 20, 4/to
71 31°30
2.6 250,coo
3,900 361,600
2,040 2,0010
55 12o,5'oo
3'1 -134,2»
$5 |,Ho,oao
2.‘-| 8,-100
2'L- |7.,Ioo
Io,Loo
\OIO0O_
16.I
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........................a......m..... ..................,.......:.—.:,7.:;1.... .ono(
ll,Woo
‘I025. 35700
6"! 21,311
2,330
15,3» I9,3oo
.000 0 0‘
am /aimm six /mJ«u/ rcmfv F-or nu.
‘Md loco '
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont’d)
BASE BID- 2021/22CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726 EXTENDED ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT 16 Construction AC Driveway SF 600 Transition per Detail 17 Adjust Manhole to Finish Surface EA 36
18 Adjust Valve Can/Lidto Finish
EA 58 Surface
19 A.dj_ust Survey Monument/Canto
EA 2 Finish Surface
20 Signing and Striping L5 1
TOTAL BASE BID (numbers)
END OF BASE BID ITEMS
BASE BIDTOTAL (in words)
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 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 pa/“'3
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2021/22CITYWIDEPAVEMENT REHABILITATION
ClP No. 5726 B|DDER'S PROPOSAL (cont’d)
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 irregularityliesl, 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, 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.
16.I
Michael Murray Vice Pr
.1. ..._-..
unay - mmurray(zDhardyandharpcncorn
ntatt
May 24 2022 hi May 24, 2022
0 i
wwwhardyandharper.
MichaelM rrav Vice President
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL (cont'd)
Complete the following:
Hardv & Harper. Inc. / 1000000076 / 215952
Legal name of the business, DIRReg. and Contractor License Nos.
Corporation
Business Type (Corporation, Partnership, Sole Proprietor) N/A
DBA(if any)
Daniel Maas. President
Name and title of the owner
esident
Name and title of second partner or officer
32 Rancho Circle.Lake Forest. CA 92630
Business Address
714-444-I 851
Telephone number
7 4—444-7R(H
Facsimile number
Michael M
Name and Email address of primary
COII1
Company web address
Signature Date Signature dder Date
Kristen Paulino. Corporate Secretary
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures of corporate officersare required.)
16.I
: 2/31/2023
May_24 2022 ‘Q Mav
ignatureo
v Vice President Kristen Pauline Comorale Sccretaw
r of dder
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
CERTIFICATE REGARDING CONTRACTOR'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) 215952
b. Expires on
24 2022
Signatu Date Bidder Date
Print name 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—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.
16.I
a a
Mav24 2022 Ma‘/24 2022
§i,-gnat of
Vice President Kristen Paulino
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL (cont'd)
BID SECURITYFORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALLBEUSED IN THE CASE OF CHECKACCOMPANYING BID 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 N/A dollars (S N/A l. 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 t property of the Agency if the Undersigned shall withdraw his/her/itsbid within the perio of sixty (60) calendar days after the date set for the opening thereof, unless otherwise re red by law, and notwithstanding the rd of the Contract to another bidder
Signa er Date ure Bidder Date
, Corporate Secretary
Print name an Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
Hardy 8:Harper, Inc. ,
DwlghiRelll
Bond N0. CSBA-20977
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL (cont'd)
BID SECURITYFORM FOR BOND
KNOW ALLBYTHESEPRESENTS
That the undersigned
(Name of Contractor)
as Principal and the undersigned *asSurety 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 Ammmf In wan-l<lTen Percent of the Amount Bid
Dollars ($10% ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. *Fide|ity and Deposit Company of Maryland
WHEREAS,said Principal is submitting a Bidfor*(PROJECT NAME AND DESCRIPTION] “2021/22 Citywide Pavement Rehabilitation, CIP No. 5726 THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.
IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 24th day of May , 2022.
(Month)
Hardy & Harper, Inc.
(Corporate Seal) By
Principal M P
Bv
Surety
(Corporate Seal) By
y, Attorney-in-Fact
16.I
gnatu N ary
Hardy & Harper Inc.
- Y3. ‘%VX‘%«$K’Q;’W'WXXX70‘XS(,C&'E<%V»VY‘bU.@1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 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 validityof that document.
State of California
County of Orange
On Mav 31. 2022 before me, Moroan E. Rierson Notarv Public Date Here Insert Name and Title of the Officer
personally appeared Michael Miirrav
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(iee), and that by his/her/their signature(x) on the instrument the person(sz), 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
MORGANE.RIERSON
NotaryPublic- California _ OrangeCounty Signature
Commission 3‘2377551 pub//C MyComm.ExpiresOct 5, 2025
NNA1
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
« Corporate Officer — Title s): \/inia. President 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 National NotaryAssociation - www.NationalNotary.org- 1—800—USNOTARY(1-800-876-6827) item #5907
16.I
Melissa Ann Vaccaro, Notary Public
«um é
MELISSAANNVACCAR0
-
:K ORANGECOUNTY
MyComm.awn:May12,2025
Melissa An Vaccaro
ACKNOWLEDGMENT
A notary public or other of?cer 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
validitvof that document.
State of California
County of Orange
On 05/24/2022 before me,
(insert name and title of the officer)
personally appeared Dwioht Reillv
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.
WITNESS my hand and of?cial seal
FR33 FRS3
Signatu (Seal)
16.I
Bond No. CSBA-20977
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, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certi?ed to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea ARNOLD, Ben STONG, Michael D. STONG, R. NAPPI of Orange, California, its true and lawful agent and Attorney-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 of?cers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby 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 WHEREOF, 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
SEAL SEAL
By: Robert D. Murray
Vice President
By. Dawn E. Brown
Secretary
On this 28th day of April, A D 2022, before the subscriber, a Notary Public ofthe State of Maryland, duly commissioned and qualified, 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 officer 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 subscribedto the said instrumentby the authority and direction of the said Corporations 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
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of April, A.D. 2022.
SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
State of Maryland
County of Baltimore
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.c0m or 410-559-8790 m,w:, kL'j(,U_.a,\‘ _
16.I
Hardy & HBFDCTInc.
ice President Krislcn Paulino CormzralcSccrctarv
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL (cont’d)
NON—COLLUS|ON AFFIDAVIT
PUBLICCONTRACTCODE SECTION7106
NON—COLLUS|ON DECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID 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 ofthe bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct nd that this declaration is executed on May 24, 2022 [date], at Lake Forest city], m1a [state]
Ma 2022 24
Signatu Date re dder Date
Michael M
Print name itle Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
2021/22CITYWIDEPAVEMENT REHABILITATION
cup No. 5725 BlDDER'SPROPOSAL (cont’d)
CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and hi subcontractor(s) have successfully s 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 Past Pmiect Referenc
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)
16.I
Ha rdy & Ha rper, Inc. Past Pr0iect References
OWNER/AGENCY PROJECT NAME, &
City ofChino Hills
14000 City Center Drive
Chino Hills.CA 91709
City ofLa Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Los Angeles County
900 S FreinontAvenue
Alhambra, CA 91803
Citv oflndian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Cit\ ofLoma Linda
25541 Barton Road
Loma Linda, CA 92354
Cit) ofAnaheim
200 S Anaheim Blvd
Anaheim, CA 92805
County ofSan Bernardino
825 East 3rd Street
San Bernardino, CA 92415
City ofSan Clemente
910 Calle Negocio
San Clemente, CA 92673
City oflrwindale
5050 N lrwindale Avenue
Irwindale, CA 91706
City ofBurbank
301 E Olive Avenue
Burbank, CA 91502
Riverside County Trans Dept
City o1'.lurupaValley
8930 Limonite Avenue
.lurupa Valley, CA 92509
City ofDowney
1111 1 Brookshire Avenue
Downev, CA 90241
City of Banning
99 East Ramsey Street
Banning, CA 92220
City ot'Duarte
1600 Huntington Drive
Duane, CA 91010
CONTACT
Carl Hassel
(909)364-2817
chassel(D,chinohi11s org Ubaldo Ayon
(760) 275-2789
[email protected]
Peter Sanque
(661) 947-7173
psanqu-:,((D,pw lacountv gov
.1111Moon
(760) 346-2489
imoon@,indianwe1Is com
Jarb Thaipe_ir
(909) 799-2800
jthaipejr@1oma1inda-ca gov
Sam Nelson
(951) 270-5607
sne|son@ci norco ca us Raul Garcia
(714) 765-5176
rgarcial@anaheim net
Joseph Schweitzer
(909)531-0311
ioseph shweitzer(zD,dpw.sbcountv gov Tonya Bigney
(949)361-6119
[email protected]
Luis Pimentel
(626)430-2259
1pimentel@irwinda1eca gov
Steve Kooyinan
(530)318-1066
skooyman@inter\vestgrp com
Jess Sotto
(909)370-5551
isotto@coItonca gov
Adam Salehi
(818) 238-3946
asa1ehi@burbankca gov Herbert D. Lima
(951)955-6779
hIima((D,rivco org Desiree Flores
(951) 332-6464
dtlores@jurupavalley org
Desi Gutierrez
(562)904-7110
dgutierr@downe\/ca org
Alex Bangean
(714)229-6740
abangean@cypressca org Art Vela
(951) 922-3130
avela@banningca gov Amanda Hamilton
(626) 357-7931
[email protected]
Village Center Drive Pavement Rehabilitation Project
Contract Amount: $408,000 00
Completion Date: December 2021
Lake Cahuilla Road Pavement Improve-mcnt
Contract Amount: $1 15,000 00
Completion Date: December 2021
Pavement Reconstruction (Sustainable) Nor1h LA County
Contract Amount: $1,873,929 57
Completion Date: November 2021
Priority 1 FAMD Road Rehabilitation
Contract Amount: $71 1,000 00
Completion Date: November 2()21
Pavement Rehab on Barton Rd, Bryn Mawr & Orange Grove
Contract Amount: $462,590 00
Completion Date: November 2021
Sixth Street Widening
Contract Amount: $785_000.00
Completion Date: September 2021
East Street Street Improvements
Contract Amount: $654,000 00
Completion Date: August 2021
Institution Road
Contract Amount: $41 1000 00
Completion Date: July 2021
Major Street Maintenance - FY 2021
Contract Amount: $470,429 01
Completion Date: June 2021
2020-2021 Resurfacing Project
Contract Amount: $544,311 93
Completion Date: May 2021
Imperial Highway / Berry St Intersection Improvements
Contract Amount: $579,648 80
Completion Date: May 2021
FY 20-21 Asphalt Paving Project
Contract Amount: $2,695,493 64
Completion Date: May 2021
2020 Street Improvement Project
Contract Amount: $1,253,099 98
Completion Date: April 2021
Camino Aventura Resurfacing Project
Contract Amount: $266,209 90
Completion Date: April 2021
2020-2021 Pavement Rehabilitation
Contract Amount: $427,863 00
Completion Date: March 2021
3rd Street Pavement Rehabilitation Project
Contract Amount: $338,159 19
Completion Date: March 2021
Arterial Rehabilitation Project 230
Contract Amount: $1,042,000 00
Completion Date: August 2020
Street Rehabilitation at Various Locations
Contract Amount: $1,451,000 00
Completion Date: March 2020
2019 Street Rehabilitation Project
Contract Amount: 410,244 00
Completion Date: March 2020
City ofNorc0
2870 Clark Avenue
Norco, CA 92860
City of Brea
I Civic Center Circle
Brea, CA 9282|
Cilv 0t'C0Il0n
650 N La Cadena Drive
Coiton. CA 92324
3525 14th Street
Riverside, CA 92501
City ofCypress
5275 Orange Avenue
Cypress, CA 90630
16.I
Hard V & Harper, Inc. Past Pro ect References
OWNER/AGENCY CONTACT PROJECT & COMPLETION DATE
City ofAde1anto
11600 Air Expressway
Adelanto, CA 92301
City ofPasadena
100 N. Gar?eld Avenue
Pasadena, CA 91101
City ofDowney
11111 Brookshire Avenue
Downey, CA 90241
City of Westminster
8200 Westminster Blvd
Westminster. CA 92683
City ofSan Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
City ofCypress
5275 Orange Avenue
Cypress. CA 90630
City ofLancaster
44933 Fern Avenue
Lancaster, CA 93534
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
City o1‘Tustin
300 Centennial Way
Tustin, CA 92780
City ot‘Fountain Valley
l02()0 Slater Avenue
Fountain Valley, CA 92708
City ofPomona
505 South Garey Avenue
Pomona. CA 91766
City of Rancho Palos Verdes
30940 Hawthom Blvd
Rancho Palos Verdes, CA 90275
City ofCo\'ina
125 E College Street
Covina, CA 91723
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
City ofDana Point
33282 Golden Lantem
Dana Point, CA 92629
City oflnglewood
1 Manchester Blvd
Inglewood. CA 90301
City ot‘Ontario
303 East B Street
Ontario, CA 91764
City of Pasadena
100 N Gar?eld Avenue
Pasadena. CA 91101
Brian Wolfe
(760) 246-2300
bwo1fe((D,ci.ade1anto ca us Tony An
(626) 744-7403
tan(cD,citvofpasadena net Edwin Norris
(562)904-7110
enorris@,downevca ore Marwan N. Youssef
(714)548-3460
vejohnson@wesminster-ca gov
Kristy
(951) 654-3592
kristy@trilakeconsu1tants com
Alex Bangean
(714) 229-6740
abangean@cypressca ora Luis Garibay
(661)723-6110
1_2aribav(zD,citvo?ancaster org
Jason Williams
(909) 839-7050
jwil1iams@diamondbarcagov
Mario Medina
(949) 394-8955
[email protected]
Fatana Teinory
(714)593-4433
fatana lemon/@fountainva1ley org
Public Works
(909)620-2261
p\vengineering(iD,ci poinona ca us Ron Dragoo
(310) 544-5252
gkwolek@,lch ca gov Chris Marcarcllo
(626) 384-5490
pw@,covinaca gov Luis Garibay
(661)723-6110
lgaribav?citvo?ancaster org Matthew Sinacori
(949) 248-3500
msinacori@danapoint org
Hunter Nguyen
(310)412-5333
hhunter@citvo?nglewood.org
Miguel Sotoinayor
(909)395-2108
msotomavor(O,ontarioca gov Tony An
(626) 744-7403
tan@,citvofpasadena net
CDBG Pavement Rehabilitation Project
Contract Amount: $315,000 00
Completion Date: February 2020
Preventative Maintenance Services
Contract Amount: $2,424,216 00
Completion Date: April 2019
C1P No 18-02 Residential Street Rehab Project
Contract Amount: $1,808,000 ()0
Completion Date: March 2019
Citywide Residential Street lmproveinents
Contract Amount: $1,452,000.00
Completion Date: February 2019
2018 Downtown Pavement Rehabilitation
Contract Amount: $1,818,000 00
Completion Date: January 2019
Community Center Parking Lot Seal Coat Project 223
Contract Amount: $75,827 00
Completion Date: December 2018
2018 Sidewalk, Curb & Gutter Repairs
Contract Amount: $1,976,000 ()0
Completion Date: December 2018
Residential & Collector Road Rehabilitation Project
Contract Amount: $1,551,000 00
Completion Date: December 2018
FY 2017-18 Roadway Rehab & Sidewalk Repair
Contract Ainotint: $1,575,125 00
Completion Date: October 2018
Resurface & Rehab o1‘Euc|id St from Slater to Warner
Contract Amount: $1,077,000 00
Completion Date: September 2018
Major Street lmproveinents
Contract Amount: $3,839,000 00
Completion Date: August 2018
Residential Street Rehabilitation Project
Contract Amount: $2,227,000 00
Completion Date: May 2018
Grand Ave Street Rehabilitation No STPL-5118(020)
Contract Amount: $3,030,000 00
Completion Date: May 2018
2017 Pavement Management Program 17-003
Contract Amount: $2,727,000 00
Completion Date: April 2018
Arterial Roadway Resurfacc & Pavement Preservation
Contract Amount: $3,993,000 00
Completion Date: January 2018
Streets and Alleys Rehabilitation Project
Contract Amount: $2,639,330 06
Completion Date: November 2017
ATP Cycle 1Sale Routes to School Sidewalk linproveinents Contract Amount: $824,850 88
Completion Date: October 2017
Preventative Maintenance of Streets 2016
Contract Amout: $945,932 59
Completion August
16.I
So roof
I'7«»
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an-Imn+, oA
2021/22CITYWIDEPAVEMENT REHABILITATION
cwNo. 5725 BlDDER'SPROPOSAL (cont’d)
DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor’s DIR Registration of Business Percentage of Work License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
A1—11
16.I
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont’d)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITH 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'S COMPENSATION 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 PREVAILING WAGE 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 PUBLIC WORKS CHAPTER OF LABOR CODE 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.
16.I
Signa
Mur
Mav24 2022
did
Kristen Pauline
Y
2021/22CITYWIDEPAVEMENT REHABILITATION
CIP No. 5726 B|DDER'S PROPOSAL(cont'd)
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 Disqua|ifications” is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(3), 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.
CERTIFICATIONREGARDING DIR 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 (c ncing with section 1720) of the California Labor Code Contractor's registration nu r is [please complete] 1000000076 Subcontractors’ registration nu rs are as indicated in Document 00 4314.
BIDDER:
Ma 24 2022
er Date Signature of der Date
Michael ice President , Corporate Secretary
Print name an le Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
16.I
MINUTES OF THE SPECIAL l\/[EETING
OF
HARDY & HARPER, INC.
A special meeting of the directorsof HARDY & HARPER, INC. was held at the principa l
office of tl1e corporation, on January j , 2021, at 11:00 am. pursuant to the call made by the Secretaryand writtennotice waived 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,presided over 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:
DANIELMAAS
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-President of StrategicDevelopment, and as Vice-President he is hereby authorized to 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 corporation where the corporation has established bank and checking accounts.
16.I
There being no further business it was moved second and carriedthat the meeting be adjourned.
hf
/ €'§z~-\\
DANIEL. MAAS, Director/President
KRISTENPKULINO, Director/Secretary
LLa?
=r13ssAMAA$,Director
DATED:January 3 ,202Q
16.I
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Contractor Information
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Corporation Entity Number: (04-3071
Federal Empioylnont Identi?cation Nlllllbl? 9S?510?2 President Name: Daniel ‘I’M/as VncoProsidom Name: MICHAELMURRAY Treasuvu Name:
Seathty Name: KRISTENS DAUUNO
CEO Name: DANIELT MAAS A9
Agent of Service Nine: DANIELT MAAS
Agent afsonvito Making Andres: 32 Randso Ckclc Lat: Faust 92630 CA Uniud Sums o1Amnri:a an CO 3 STATE RD --------- ACTIVE LICENSE
.........215952
16.I
APPENDI
Rev, 0
" ;bruary Z026
X1
16.I
will not be
resgonsible
No.(s)
2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 BlDDER'SPROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22CITYWIDEPAVEMENT REHABILITATION,CIP No. 5726, 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, speci?cations, 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 materialsso furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the ?gures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.
Contractor con?rms 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 reaf?rming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda The undersigned has examined the current State of Californiaschedule 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 2021/22CITYWIDEPAVEMENTREHABILITATIONPROJECT,CIPNo. 5726, 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.
Rev {' 2 Feizeuarv
16.I
5/31/22, 8:45 AM P|anetBids Vendor Portal
May 03, 2022 05032022-o1 Q and A Set 1
Q and A Set 1 has been released for this project.
May 03, 2022 05032022-02 Revised bid due date
Bid due date was revised from 5/30 to 5/31
mai History
None
https://pbsystem.planetbids.com/portal/39477/bo/bo-detaiI/93821#bidAddendaAndEmails 1/
16.I
5731/22,8:45 AM P|anetBids Vendor Portal
Set 1 Released via Addendum 05032022-01 05/03/2022 9:19 AM (PDT) — 1 question
1.1 Willthe bid date change due to may 30th being Memorial Day? https://pbsystem.planetbids.com/portaI/39477/bo/bo-detail/93821#bidQandA 1/
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726
ITEM
No
10 11
12 13
14 15
BIDDER'SPROPOSAL(cont’d)
BIDSCHEDULE
Rev. 0
Februaw2020
BASEBID- 2021/22CITYWIDEPAVEMENTREHABILITATION,CIPNo. 5726
DESCRIPTION
Mobilization(Not to Exceed 5% of
Bid)
Traffic and Pedestrian Control
Clearing, Grubbing and Removals
Water Quality Control
Temporary Construction Project
Identification Sign
FieldOrders
Remove and Replace Ex.Curb and
Gutter
Remove and Replace Ex.Cross
Gutter and Spandrel
Remove and Replace Ex.ADA
Access Ramp
Remove and Replace Ex.Sidewalk
Drain Outlet
Unclassi?edExcavation
Untreated Base
Hot MixAsphalt
Smooth Pavement Joint Transition
Type "E"ACDike
UNIT
EA
EA
EA
CY
TN
TN
ESTIMATED
QUANTITY
11 40
10,000
13,100
14,300
12,000
350
550
UNIT
PRICE
30,000to
I50/00000
(0.000-co
“loco. 00
5.00490
$10,000
I2200
143.00
51400.!!!)
II000»00
75 on
340::
EXTENDED
ITEM
AMOUNT
/%00Oab
550/090. 00
'§0.ooo .00
“.000~ 0 o
52600. on
RIOIOOOA oo
l'In$$o~0o
U30./Jrm.00
2 54.{zIn.m
'1000-0 /9
600.go
LI36.2OO~00
hI<R.wo.oo
74000
4170!-ac
16.I
935.I»-/ Ja.Iaf§ an
2021/22CITYWIDEPAVEMENTREHABILITATION Reu_ o
CIPNo. 5726 BlDDER'SPROPOSAL(cont'd) February 2020
BASEBID- 2021/22CITYWIDEPAVEMENTREHABILITATION,CIPNo. 5726
EXTENDED
ITEM ESTIMATED UNIT
DESCRIPTION UNIT IT
NO QUANTITY PRICE AM
OEL
TNT
16 Construction ACDriveway SF 600 I Transition per Detail $0.00 /$100400 17 Adjust Manhole to FinishSurface EA 36 650.00 23,1/0o.oo Adjust Valve Can/Lidto Finish
18 Surface
EA 58 650.00 7/)0. no
19 A_dj_ust Survey Monument/Canto EA 2
FinishSurface 650.“) I300?n
20 S’ ' Ignln g and Striping L5 1
Isjxqea
TOTALBASEBID(numbers) 3i%°7.6%0-no
ENDOF BASE BID ITEMS ****""********‘******
T]/g(eg/niliio/I €i5I1I~I1omcI(9¢{GI/9/1 IIv0uS?n¢ =3.-X ha/]A(gé BASEBIDTOTAL(in words) A Zffa 6'6’/14$‘
Contractor's Initials
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 reconciledit willbe considered non-responsive and willnot be consideredfor 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 othenivise specified in the Notice Inviting Bidsor by Addenda if issued to supersede the Notice Inviting Bidson this speci?c 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
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BlDDER'SPROPOSAL(cont’d)
Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which willbe 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'sdetermination 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 irregularityliesl, 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 Bidsand Instructions to Biddersdoes 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 calculationof minimum of 50 percent of workto 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, including items of work that may not have a specific pay line item and that there shall be no additionalcosts 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.
Rev *
3 s’-e:.‘A:‘-.z.3s'y
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Signa
USTIN
f
2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 B|DDER'S PROPOSAL(cont'd)
Facsimilenumber
Company web address
Bidder Date Signature Date
Print name and title Print name and title
(Ifthe Bidderis a corporation two signatures ofcorporate of?cersare required.) Complete the following:
NOBLE COMPANY, 1000004235 782908 CLASS A & C12
Legalname of the business, DIRReg. and Contractor License Nos BusinessType (Corporation, Partnership, Sole Proprietor) DBA(ifany)
AUSTIN M. CARVER, PRESIDENT
Name and title of the owner KASONDRA C. GONZALEZ, VICE PRESIDENT Name and title of second partner or officer
15505 E. LINCOLN AVENUE, ORANGE, CA 92865
BusinessAddres
s
Telephone number
Steve Mendoza, Secretry [email protected] X 05/31/2022 x 05/31/
2022
A M. CARVER, PRESIDENT STEVEN L. MENDOZA, SECRETARY
Name and Emailaddress of primary contact
www.rjnoblecompany.com
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11 {K
7: 0
2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 B|DDER'S PROPOSAL(cont’d)
CERTIFICATEREGARDINGCONTRACTOR'SLICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of CaliforniaClass ’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:
Signature of Date Signature er Date
Print name and title Print name and title
(Ifthe 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
08/31/2022
X 05/31/2022 X
AUSTIN M. PRESIDENT STIEVISNL. MENDOZA, SIiCRETARY
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2021/22CITYWIDEPAVEMENTREHABILITATION
cwNo. 5725 BlDDER'SPROPOSAL(cont’d)
BIDSECURITYFORM FORCHECK
NOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBID 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 (S 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 Bidshall 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 materialsin 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 Bidderis a corporation, two signatures ofcorporate officersare required.)
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words] amount bid—~—-———————————-—-———----—
(ST?)
Princip TE
Comgany
SUV?
ott Sal ndi, Attorney-in-fact
2021/22CITYWIDEPAVEMENTREHABILITATION
CIP No. 5726 BIDDER'SPROPOSAL(cont'd)
B D SECURITYFORMFORBOND
KNOWALLBYTHESEPRESENTS:
That the undersigned
(Name of Contractor)
as Principal and the undersigned as Surety are held and ?rmly bound unto Owner, CITYOF HEMET,a politica subdivision of the State of California, as obligee, in the penal sum of Dollar Amount In ten percent of the
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, ?rmly by these presents.
WHEREAS,said Principalis submitting a Bidfor [PROJECTNAMEANDDESCRIPTION] THE CONDITIONOF THIS OBLIGATIONIS SUCHthat 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 certi?cates, 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 4th day of May ,20_22
(Month)
(Corporate Seal) By
Hy Western Suretv
(Corporate Seal) By
R.I. NOBLE COMPANY
R. J. NOBLE COMPANY
X
L. MENDOZA, SECRETARY
RJ. NOBLE COMPANY
16.I
ale
to the within instrument and acknowledged to me that helshekhey executed the same in his}-hen'tt-«e61 authorized capacity?es), and that by his/heckhek signature(s) on the instrument the persorl?l. or the entity Natary Public- Caltlornll x
Olanaetaunt-1 E
Cummlxslonpmm: -
My tumm. Expireson 2:. 201!
Signature
CALIFORNIA ACKNOWLEDGMENT c|v||_ cops § 1139
Anotary publicorother of?cercompletingthis certi?cateveri?esonlythe identityofthe individualwho signed the document to whichthis certi?cateis attached.and not the truthfulness.accuracy, or validity of that document.
State of California } County of
On before me,
Date Here Insert Name and Title ofthe Of?cer
personally appeared
Name(s) of Signer(s)
I certify under PENALTY OF PERJURY under the
_,_Dglou?l-1 laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and of?cial seal.
Signature
Place Notary Seal and/or Stamp Above of Notary Public
OPTIONAL
Completingthis 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:
D Corporate Of?cer — Tit|e(s): D Corporate Officer — Tit|e(s):
D Partner - D Limited In General [3 Partner — 0 Limited D General 0 Individual D Attorney in Fact El Individual E] Attorney in Fact E1 Trustee Cl Guardian or Conservator D Trustee E1 Guardian or Conservator D Other: Cl Other:
Signer is Representing Signer is Representing
©2018 National Notary Association
05/05 /2022 J.DEIONGH, NOTARY PUBLIC
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.
16.I
expresMay.
ACK OWLEDG E T
A notary public or other officer 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
validitvof that document.
State of California
County of Orange
on Annette Lisa Romero, a Notary Public
(insert name and title of the of?cer)
personauyappeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8) is/an subscribed to the within instrument and acknowledged to me that he/stlaimay executed the same i n hislllexltlnuirauthorized capacity(ies9, and that by his/luuwiair signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ANNETTELISAROMERO
WITNESS my hand and of?cial seal COMM.# 2244076
NOTARYPUBLICCALIFORNIA
ORANGEcouurv
Mycomm. 25.2022
Signature (Seal)
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Wéste rn Surety C0 mpany
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 a?ixed 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 instmments of similar nature - In Unlimited Amounts -
and to bind it thereby as ?illy and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, 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-Law printed 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
T. Bru?at, Vice President
State of South Dakota
County of Minnehaha
On this 24th day oflune, 2021, before me personally came Paul T. Bru?at, 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 knows the seal of said corporation; that the seal affixed to the said instrument issuch 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.
‘M ii‘-5-h??i?l‘-V‘I|I~5'u‘o-§\hIII-HQ Y P 5 M. BENT §
_¢@uonnvPUBLIC 1
I March 2. 2026 5
5°'"“ W” -- g
M. Bent, Notary Public
WESTERN SURETY COMPANY
L. Assistant Secretary Fon11F4280-7-2012
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 further certify that the By—Lawof the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this day of Go to www.cnasure .com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 BIDDER'SPROPOSAL (cont'd)
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITH BID 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. Allstatements 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 date], at city], _‘3"___[state]
Signature of Date Signature of Date
Print name and title Print name and title
(If the Bidderis a corporation, two signatures ofcorporate officersare required.) The undersigned declares: STEVIZN1,. MENDOZA
SECRETARY R.I.NOBLE COMPANY
()5/31/2022
ORANGE
X 05/31/2022 X 05/31/2022
AUSTIN PRESIDENT STEVEN L.
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/are
to the within instrument and acknowledged to me that he/shekhey executed the same in hislhem-heir authorized capacity?es). and that by his/taatlthair signatureb) on the instrument the person(s), or the entity 102: “"d
Signatur
Signature
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicorother of?cer completingthis certi?cateveri?es onlythe identityofthe individualwho signed the document to whichthis certi?cate is attached.and not the truthfulness.accuracy, orvalidityof that document.
State of California
County of
On before me. uare
personally appeared
J. DEIONGH
Notary Public- California
Orange County
Commissionit 2307441
Comm.Expires Oct 28.
IVNN
Place Notary Seal and/or Stamp Above
Here Insert Name and Title of the Officer
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 official seal.
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
Cl Corporate Of?cer — TitIe(s):
El Partner- 0 Limited D General
El Individual D Attorney in Fact
[3 Trustee El Guardian or Conservator
D Other:
Signer is Representing:
©2018 National Notary Association
Number of Pages:
Signer's Name:
Cl Corporate Officer — Tit|e(s):
Cl Partner- [1 Limited [3 General
B individual D Attorney in Fact
D Trustee D Guardian or Conservator
[:1 Other:
Signer is Representing
05/31/2022 J. DEIONGH, NOTARY PUBLIC
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 helshekhey executed the same in hislhemheir authorized capacityues). and that by his/hadthoir signaturem on the instrumem me perscn(S). or the entity yignature
CALIFORNIA ACKNOWLEDGMENT CIVILCODE § 1189
Anotary publicor other of?cercompletingthis certi?cateverifiesonlythe identityofthe individualwho signed 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
personally appeared
lVNN
Here Insert Name and Title of the Officer
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 a 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer — Title(s):
E1 Partner— El Limited El General
El Individual D Attorney in Fact
CI Trustee El Guardian or Conservator
D Other:
Signer is Representing:
Number of Pages:
Signer's Name
0 Corporate Officer — Title(s):
U Partner — El Limited [3 General
I: Individual D Attorney in Fact
C1 Trustee D Guardian or Conservator
D Other:
Signer is Representing
05/31/2022 J. DEIONGH, NOTARY PUBLIC
L
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. ©2018 National Notary Association
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5725 B|DDER'S PROPOSAL(cont'd)
CONTRACTOR’SREFERENCELIST
Project Name:
Project Name
Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
(Attach additional pages as necessary)
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 willbe disqualified.
Project Name:
PAVEMENT REHABITATION OF YNEZ ROAD 91767
Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
CITY OF TEMECULAA1000MAIN STREET, TEMECULA, CA 92590
IULY202
1 CHRIS WHITE 951-694-6444
MEREDITH CANYON STREETS CIP 19101
01/2021
32400 PASEO ADELANTO
SAN IUANCAPISTRANO, CA 92575 949'443'535°
PAVEMENT REHAB OF YNEZ ROAD PW 18-01
()7/2021
CITY OF TEMECU LA
CHRIS WHITE chris.
41000 MAIN STREET
TEMECULA, CA 92590
Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
CITY OF SAN IUANCAPISTRANO
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2021/22CITYWIDEPAVEMENTREHABILITATION Rev. 0
CIPNo. 5726 BIDDER'SPROPOSAL(cont’d) February 2020
DESIGNATIONOFSUBCONTRACTORS
Name of Subcontractor
and Location of Place Description and Subcontractor’: DIRRegistration of Business Percentage of work License No. Number
016%LanaSu(W‘/ §u(V€~( gun loooooI933
marge) 4,4 07%
SI .' i ( W3. 7764306 loooooM76
0.LI%
6 ( +8 INC 046 e
Z lgoao??zq
I/€<m.‘n6+eo£A '57"/°
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 BIDDER'SPROPOSAL(cont'd)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBID
The undersigned Biddercertifiesto Owner as set forth in sections 1 through 10, below.
STATEMENTOFCONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable ?nding 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 NationalLaborRelations Board.
CERTIFICATIONOFWORKER'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 willcomply with such provisions before commencing the performance of the work of this Contract.
Please note that the submittal of this certi?cate does not relieve Contractor from complying with all of the insurance requirements of the PublicWorks 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 LaborCode Section 1776 regarding wage records, and with LaborCode 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 COMPLIANCEWITHPUBLICWORKSCHAPTEROF 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 publicworks projects.
CERTIFICATIONOFNON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discriminationin 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
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2021/22CITYWIDEPAVEMENTREHABILITATION
CIPNo. 5726 BIDDER'SPROPOSAL(cont’d)
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
Bymy 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 willbe relying on this certification ifit awards the Contract to the undersigned.
CERTIFICATIONREGARDINGDIRCONTRACTORI SUBCONTRACTOREGISTRATION 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 er Date
Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate officersare required.) 1000004235
X 05/31/2022 X
AUSTIN M. PRESIDENT STEVEN L. MENDOZA, SECRETARY
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cr NTRACTORS CECE STATE’) LICENSE BOARD
ACTIVELICENSE
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Any change of business addresslname must be reported nothe Registrar within 90 day This license is not transferrable, and shall be returned 00 the Registrar upon demand when suspended, revoked.or invalidated for ny reason. This pocket card is valid through the expiration date only.
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Licensee Signature
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5/12/2021 https://cadir.secure.force.com/Contractorsearch/PrintRegDetails Contractor Information Registration History
Lega| Entity Name Effective Date Expiration Date
RJ. NOBLECOMPANY
Legal Entity Type 6/7/2018 6/30/2019
Corporation
Status 5/8/2017 6/30/2018
Active
Registration Number 6/16/2016 6/30/2017
1000004235
Registration e?ective date 5/ 15/ 2015 6/30/2015
7/1/2019
Registration expiration date 12/22/2014 5/30/2015
6/30/2022
Mainng Address 7/1/2019 6/30/2022
P.O. BOX620 ORANGE92856 CA United States
Physical Address
15505 E. LINCOLNAVE ORANGE92865 CA Unit...
Email Address
Trade Name/DBA
R.J. NOBLECOMPANY
License Number(s)
CSLB:782908
Legal Entity Information
Corporation Number:
C216859O
Federal Employment Identi?cation Number:
President Name:
AUSTINM. CARVER
Vice President Name:
KASONDRAC. GONZALEZ
Treasurer Name:
JAMES N DUCOTE
Secretary Name:
STEVEMENDOZA
CEO Name:
MICHAELJ CARVER
Agent of Service Name:
MICHAELJ CARVER
Agent of Service Mailing Address:
15505 E. LINCOLNAVENUEORANGE92865 CAUnited States of America Workers Compensation
https://cadir.secure.force.com/Contractorsearch/Prinmennetaii:
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Please provide your
current workers
compensation insurance
information below:
PEO PEO PEO
PEO InformationName Phone Email
Insured by Carrier
Policy Holder Name:R.J. NOBLECOMPANYInsuranceCarrier:
ZURICHAMERICANINSURANCECOMPANYPo|icyNumber:WCO17436303Inception date:
6/30/2018Expiration Date:6/30/2019
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General Engineering Contractor
License No. 414567-A
450EganAve., Beaumont,CA92223°(909) 3554333=i5ax"N$. (§c‘é)§554555 '
City of Hemet June 02, 2022
Ms. Candace Sunds, Purchasing
445 East Florida Avenue
Hemet, CA 92543
Reference: 2021/22 Citywide Pavement Rehabilitation, No. 5726 Request for Relief of Bid
Dear Ms. Sunds,
On Tuesday, May 31, 2022 Vance Corporation (Vance) submitted to the City of Hemet (Hemet) a bid proposal for referenced project. Upon hearing and seeing the bid results our grand total should have been $2,935,585.00 and not $2,548,785.00.
Vance is requesting “Bidders Relief" per Public Contract Code Sections 5100 to 5107 and project specifications Section 22 “Withdrawal of Bid”.
We had two clerical mistakes, Bid Item 9 unit price was supposed to be changed to $9,100.00/EA for an extension of $400,400.00 and Bid Item 13 unit price was supposed to be changed to $94.70fTN for an extension of $1,935,585.00.
This clerical mistake was caused in part due to my haste in attempting to close out two bids at the same time, we had closed out our Hemet bid early. However, we had two phone calls, first from our Concrete Subcontractor raising their unit price for the handicap ramps (item 9) and the second call was from our Asphalt Supplier raising their price (item 13) due to them forgetting to include the haul for the AC price.
Our bid runner turned in our bid without making these two changes.
Vance apologizes to you, the City of Hemet, its Staff and Residents for any inconveniences this request has caused. The dollar value of the mistake is $386,800.00. This is a significant mistake and will cause financial hardship to Vance ifwe were found to be the lowest responsible bidder.
This was an inadvertent clerical error, not due to error in judgement, or carelessness in inspecting the site of the work or in reading the plans and specifications. Because this error would result in a materially significant change to our bid, we request to be relieved of our bid and that our Bid Bond be returned.
Thanks you for considering our request. Please let me know ifthere is any other information that may be required. I am available for any questions or concerns at (909) 355-4333.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Public Works
Submitted by: Eddie Pust, Acting City Manager
Travis Holyoak, Water/Waste Water Superintendent;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Reclamation Grants FY 2023 WaterSMART Water and Energy Efficiency Grant in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Reclamation Grants FY 2023 WaterSMART Water and Energy Efficiency Grant in the amount of $100,000.00 and Authorize the City Manager to execute all documents.
BACKGROUND:
The U.S. Bureau of Reclamation (USBR) has announced the availability of funds for water and energy efficiency projects through FY 2023 WaterSMART. The funding is intended to conserve and use water more efficiently, mitigate conflict risk in areas at a high risk of future water conflict, and accomplish other benefits that contribute to water supply reliability in the western United States.
In May of 2022, the City acquired the services of The Ferguson Group to assist staff in the grant application process to meet the application deadline of July 28, 2022.
ANALYSIS:
The proposed Cash for Grass program provides rebates to residential and commercial water customers who choose to remove existing turf and replace it with drought-tolerant landscaping.
The City anticipates providing rebates to approximately 40 residential and 10 commercial water customers within its 5.25 square mile water service area boundary. To reach this goal, the City will conduct an advertisement campaign and information on landscape transformation to qualifying
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participants. In total, the City will realize an estimated water savings of 8.3 acre-feet per year, which will benefit customers, the City, and the State as reductions in landscape water use will improve supply reliability, increase drought resiliency, and lower operating costs and energy use. The Rebate Program aligns with the City’s 2022 Water Conservation Plan and other measures captured in recent updates to the City code.
The City’s water supply sources include groundwater pumped from imported water purchased from the Metropolitan Water District (MWD) of Southern California through the Eastern Municipal Water District (EMWD). The City’s main source of water supply is groundwater pumped from the San Jacinto Basin. The City’s three active wells (Wells 2A, 10A, and 12) produce groundwater from the San Jacinto Basin which covers an area of approximately 60 square miles. The San Jacinto Basin is drained by the San Jacinto River and is recharged by surface runoff from adjacent mountains and hills, by rainfall directly on the valley floor, and by return flow from water applied from overlying uses. The San Jacinto Basin serves as a natural storage reservoir and filtering system for wells constructed therein. In addition, the San Jacinto Basin has a Groundwater Replenishment Program which uses untreated imported water to recharge the San Jacinto Basin.
As a State of California Department of Water Resources (DWR) defined urban retail water supplier, the City of Hemet is subject to current and future regulations under the 2017 legislative framework “Making Water Conservation a California Way of Life” (SB 606 and AB 1668). This includes the primary goal of using water more wisely and eliminating water waste. Outdoor landscapes in California use water for irrigation, especially during summer. Outdoor water use is the largest portion of residential water use, especially in hotter areas and cities with larger lots. While lawns have value for recreation and aesthetics, replacing existing turf lawns with well-designed low-water landscapes that incorporate native and climate-appropriate shrubs, grasses, and trees, along with mulch varieties that replenish soil and retail water, has many benefits. These benefits include diversifying plant species, lowering irrigation needs, reducing storm water runoff, and potentially reducing fire risk in fire-prone areas.
DISCUSSION:
The City of Hemet desires to improve water monitoring and management of its entire service area. The City will use the $2.00 per square foot of lawn water-wise landscaping rebate to incentivize residential and commercial customers in the City’s water service area to replace existing turf lawns with welldesigned low-water landscapes. The Rebate Program’s total project budget is $200,052, of which the City will fund $100,052 (50%). Of the total budget, $180,000 (90%) provides rebates to qualifying residential and commercial customers. The City’s Rebate Program goal is to replace 90,000 square feet of water-thirsty lawn with water-wise, drought-tolerant landscaping. The proposed rebate program will be offered on a first come first serve basis to residential and commercial water customers in the City's 5.25 square mile water boundary service area.
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.
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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. also meets the action of utilize a grant writer to apply for grants in line with priority goals.
FISCAL IMPACT:
There is no General Fund fiscal impact related to the adoption of this Resolution. If awarded, the grant requires a 100% match which will come from the FY2022/23 water budget.
ALTERNATIVE(S):
Council may choose to not approve the grant application and forgo the grant opportunity.
REVIEWED BY LEGAL:
☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: WaterSmart - Resolution
Attachment 2: EMWD Support Letter (2)
Attachment 3: Chamber Support Letter
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN
APPLICATION FOR THE DEPARTMENT OF
INTERIOR, BUREAU OF RECLAMATION GRANTS FY
2023 WATERSMART WATER AND ENERGY
EFFICIENCY GRANT IN THE AMOUNT OF $100,000.00
AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL DOCUMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet desires to improve water monitoring and management of its entire service area; and
WHEREAS, the Project involves a Cash for Grass program which provides rebates to residential and commercial water customers who choose to remove existing turf and replace with drought tolerant landscaping; and WHEREAS, the City recognizes the need for water conservation practices through the recently passed 2022 Water Conservation Ordinance and 2022 Urban Water Management Plan; and
WHEREAS, The U.S. Bureau of Reclamation (USBR) has announced the availability of funds for water and energy efficiency projects through FY 2023 WaterSMART.; and
WHEREAS, said funding is intended to conserve and use water more efficiently; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States; and WHEREAS, said funding includes grants at reasonable terms; and
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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WHEREAS, the City will comply with all applicable laws and regulations relating to the project, including NEPA prior to implementation of the Project; and WHEREAS, various documents are required to be filed with the USBR related to the FY 2023 WaterSMART Grants: Water and Energy Efficiency Projects application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Approves the filing of project application(s) for the Department of Interior, Bureau of Reclamation, WaterSMART Grants: Water and Energy Efficiency Projects in the Amount of $100,000.00; and
SECTION 3. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for completion of the grant scope(s); and
SECTION 4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
SECTION 5. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 12th day of July 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 26th day of April 2022, and was passed by the following vote:
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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May 31, 2022
Bureau of Reclamation Water Resources and Planning Office Mr. Josh German
Mail Code: 84-27133
P.O. Box 25007
Denver, CO 80225
Subject: Support for City of Hemet Grant Application
Dear Mr. German,
On behalf of Eastern Municipal Water District (EMWD), we would like to voice our support for the City of Hemet’s (City) proposal for funding from the U.S. Bureau of Reclamation for the Cash for Grass Rebate Program.
The City’s Cash for Grass Rebate Program would build upon the City’s longstanding efforts to reduce water demand for its residential and commercial customers through the removal of turf grass in favor of droughttolerant landscaping. This would further the City’s efforts to maximize its groundwater supplies for beneficial use.
This program would also support the City’s ongoing efforts to mitigate the effects of climate change and be mindful stewards of its water resources during California’s historic drought.
EMWD is the regional water, wastewater, and recycled water provider to nearly one million customers across a 558-square mile service area, including portions of the City of Hemet. EMWD also provides supplemental water supplies to the City. EMWD is a partner in the regional turf removal rebate program sponsored by The Metropolitan Water District of Southern California.
Thank you for your consideration of the City’s grant funding request for this program. Should you have any questions, please contact me at please contact me at 951-928-6130 or [email protected].
Sincerely,
Joe Mouawad, P.E.
General Manager
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HEMET/SAN JACINTO VALLEY
cnnmnino/commnci
June 9, 2022
Bureau of Reclamation Water Resources and Planning Office Mr. Josh German
Mail Code: 84-27133 P.O. Box 25007 Denver, CO 80225
jgerman@usbr. gov.
Re: Support of City of Hemet’s Applicationfor WaterSMART Water and Energy Efficiency Grant: Cash for Grass Rebate Program
Dear Mr. German,
Hemet San Jacinto Valley Chamber of Commerce is pleased to voice support for the City of Hemet’s (City) proposal for funding from the U.S. Bureau of Reclamation for the Cash for Grass Rebate Program.
The City’s Cash for Grass Rebate Program builds on the City’s efforts to conserve, better manage, and make more efficient use of its groundwater supply. The Program will provide rebates to residential and commercial customers who replace a portion of their lawn with drought tolerant landscape. Landscape water use represents a large portion of the water us in the City and this project will help reduce that demand. This program will help the city adapt and mitigate the effects of climate change, while being mindful stewards of water resources during a prolonged drought.
HSJVC Mission Statement
To attract, develop, promote and retain local businesses through communication,networking, training and program development; and to in?uence public policy and advocate legislative issues that promote local business and job growth.
Thank you for considering the City of Hemet’s Cash for Grass Rebate Program for U.S. Bureau of Reclamation funding.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Community Development
Submitted by: Eddie Pust, Acting City Manager
H. P. Kang, Community Development Director, Soledad Carrisoza, Assistant Planner;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services Between the City of Hemet and Lilburn Corporation, for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed Delfina at Devonshire Commercial and Multi-Family Residential Project, Located at the Northwest Corner of Sanderson and Devonshire Avenues, for a Not-To-Exceed Contract Amount of $56,260 to be Paid for by the Developer, Amco Fuels, LLC; And a CEQA Document Preparation and Deposit Agreement Between the City, Lilburn and Amco Fuels, LLC for the Delfina at Devonshire Commercial and Multi-Family Residential Project RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an agreement for services between the City of Hemet and Lilburn Corporation, for the preparation of a California Environmental Quality Act (CEQA) documents and Peer Review for the proposed Delfina at Devonshire Commercial and Multi-Family Residential Project, located at the northwest corner of Sanderson and Devonshire Avenues for a Not-To-Exceed contract amount of $56,260 to be paid for by the developer, Amco Fuels, LLC; and a CEQA document preparation and deposit agreement between the City, Lilburn and Amco Fuels, LLC for the Delfina at Devonshire commercial and multi-family residential project.
BACKGROUND:
The City of Hemet received an application for General Plan Amendment (GPA 21-001), Specific Plan Amendment (SPA 21-001), Tentative Parcel Map (MAP 21-001), Conditional Use Permit (CUP 21-005) and Site Development Review (SDR 21-006 and 007) for the development of a 60-unit apartment complex and a gas station with convenience store and express carwash with vacuum stalls on approximately 5 acres. The subject property is located at the northwest corner of Sanderson Avenue and Devonshire Avenue.
The proposed project will require environmental review in compliance with the California Environmental Quality Act (CEQA) guidelines. Due to current CEQA standards, Planning Staff has determined that
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the proposed project requires the preparation of an Initial Study and Mitigated Negative Declaration to comply with CEQA regulations.
Staff released a Request for Proposals (RFP) to qualified environmental consultant firms for the preparation of the CEQA documents on May 11, 2022, with a closing date of June 1, 2022. Six (6) consultant firms submitted proposals. In the selection process, staff determined that all of the firms are well established and technically qualified environmental consulting firms. After a thorough review of the proposals, staff determined that Lilburn was the most responsive to the requested scope of work, schedule, and cost estimate to complete the work, and selected this firm to prepare the CEQA document under the City's direction for a not-to-exceed amount of $56,260.
ANALYSIS:
The attached contract is the standard form agreement for consultant services. When the amount of the contract is over $50,000, it requires City Council authorization to have the City enter into the contract with the consultant. However, all costs associated with the contract and preparation of the CEQA document for the project are to be paid for by the applicant, Amco Fuels LLC. In conjunction with the approval of the contract; the developer, the City, and the consultant will enter into a separate tri-party agreement called a "CEQA Document Preparation and Deposit Contract", which establishes that all costs are paid for by the developer through a deposit account with the City. Included in the cost is the 20 percent (20%) for staff time and city attorney time to review and administer the CEQA document and required public hearing and CEQA review process.
DISCUSSION:
The granting of the contract would assist in the process of preparing the CEQA document for the proposed development of the Delfina at Devonshire commercial and multi-family residential project.
This would allow the developer to proceed through the city established application process.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted objective: operate in a financially sustainable manner by identifying the work needed inside the City organization to effectively provide services to the community and ensure financial stability, and to operate in a financially sustainable manner.
FISCAL IMPACT:
As all of the costs associated with the preparation, administration and review of the required CEQA documents are paid for by the developer through a deposit account with the City, there is no impact or allocation from the City's General Fund required as a result of this Agreement for Services.
ATTACHMENT(S):
Attachment 1: CC Resolution CEQA Agreements
Attachment 2: Lilburn -Tri-Party Agreement for CEQA Document Preparation (Hemet)_ Attachment 3: Lilburn Corp - Professional Services Agreement
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Attachment 4: Lilburn Proposal
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CITY COUNCIL RESOLUTION NO. 2022-______
CITY OF HEMET
Hemet, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, TO ADOPT RESOLUTION TO APPROVE: 1) AN
AGREEMENT FOR SERVICES BETWEEN THE CITY OF HEMET
AND LILBURN, FOR THE PREPARATION OF AN CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTS AND PEER
REVIEW FOR THE PROPOSED DELFINA AT DEVONSHIRE
PROJECT LOCATED AT THE NORTHWEST CORNER OF
SANDERSON AVENUE AND DEVONSHIRE AVENUE, FOR A NOTTO-EXCEED CONTRACT AMOUNT OF $56,260 TO BE PAID FOR BY THE DEVELOPER, AMCO FUELS, LLC; AND 2) A CEQA
DOCUMENT PREPARATION AND DEPOSIT AGREEMENT
BETWEEN THE CITY, LILBURN AND AMCO FUELS, LLC FOR THE
DELFINA AT DEVONSHIRE PROJECT.
WHEREAS, Delfina at Devonshire (Project) was submitted to the City of Hemet Planning Division for processing; and
WHEREAS, the City of Hemet requested Request for Proposal (RFP) to qualified environmental consultant firms for the preparation of the California Environmental Quality Act (CEQA) document and peer review on May 11, 2022; and
WHEREAS, the City of Hemet RFP closed on June 1, 2022 at 3:00 PM; and WHEREAS, the City of Hemet received six (6) proposals; and WHEREAS, the proposals were reviewed based on the scope of work, schedule, and cost estimate to complete the work, and the City selected the Lilburn firm to prepare the California Environmental Quality Act (CEQA) document and peer review under the City's direction.
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CITY COUNCIL RESOLUTION NO. 2022-______
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
1. The CEQA Document Preparation and Deposit Contract between the City of Hemet, Lilburn and Amco Fuels attached hereto as Exhibit A is approved.
2. The Agreement for Services between the City of Hemet and Lilburn attached hereto as Exhibit B is approved.
3. The City Manager is authorized to execute the CEQA Document Preparation and Deposit Contract and the Agreement for Services approved by this Resolution.
PASSED, APPROVED AND ADOPTED this ____ day of __________, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2022-______
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _____ day of _____________, 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Maier, City Clerk
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EXHIBIT A
CEQA DOCUMENT PREPARATION AND DEPOSIT CONTRACT
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EXHIBIT B
AGREEMENT FOR SERVICES
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CEQA DOCUMENT PREPARATION
AND DEPOSIT CONTRACT
This CEQA Document Preparation and Deposit Contract (“Contract”) is made and entered into as of July 19, 2022, by and among the City of Hemet, a California municipal corporation, (“City”), AMCO, LLC., (“Applicant”), and Lilburn Corporation, a California Corporation (“Consultant”). Hereafter, City, Applicant and Consultant may be collectively referred to as the “Parties.”
RECITALS
A. The California Environmental Quality Act (“CEQA”) [Public Resources Code § 21000 et seq.] makes lead agencies responsible for determining whether an environmental impact report (“EIR”), a negative declaration (“ND”), or a mitigated negative declaration (“MND”) is to be required for any project. CEQA also provides that any such EIR, ND, or MND be prepared directly by, or under contract to, the legal agency.
B. Applicant has applied to the City for one or more land use approvals for that project (“Project”) more particularly described in the “Project Description” attached hereto and incorporated herein by reference as Exhibit “A”.
C. City is the lead agency under CEQA for the Project. Based on its preliminary review and consultation with Applicant, City has determined that an MND (“CEQA Document”) is required for the Project to adequately address its potentially significant impacts. Pursuant to Public Resources Code § 21080.1(a) City’s determination that this particular CEQA Document required for the Project is final and conclusive.
D. Consultant is a qualified environmental and/or land use planning firm.
City, in consultation with Applicant, has selected Consultant to prepare the CEQA Document and any related studies, surveys, and reports as may be required to comply with CEQA. Consultant has prepared a “Scope of Work” attached hereto and incorporated herein by reference as Exhibit “B”, outlining the breadth of analysis and the tasks to be performed to prepare the CEQA Document.
E. Applicant and Consultant acknowledge that as the lead agency, City is responsible for complying with CEQA and the State CEQA Guidelines (“CEQA Guidelines”) [14 Cal. Code Regs. § 15000 et seq], that the City is responsible for the adequacy of its environmental documents, that the City cannot rely on comments from other public agencies or private citizens as a substitute for work CEQA requires, and that this particular CEQA Document must reflect the independent judgment of the City.
Applicant and Consultant further acknowledge that as a result of these responsibilities, the CEQA Document is to be prepared and completed to reflect City’s independent judgment, to comply with CEQA and the CEQA Guidelines, and to comport with all applicable professional standards.
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F. CEQA authorizes City, as the lead agency, to charge and collect a reasonable fee from Applicant to recover the estimated costs incurred in preparing the CEQA Document and for procedures necessary to comply with CEQA regarding the Project. Applicant acknowledges that it is responsible for the payment of these costs as provided in this Contract.
G. City and Consultant acknowledge that CEQA and the CEQA Guidelines encourage the completion of the CEQA Document within certain time limits and that lead agencies should reduce delay and paperwork in the preparation of CEQA Documents.
H. Based on the foregoing Recitals, Applicant, City, and Consultant now desire to enter into this Contract for the preparation of the CEQA Document determined to be necessary for the Project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenant hereafter set forth, the parties agree as follows:
Article 1.0 Applicants Obligations
1.1 CEQA Document Costs. Applicant shall pay all costs incurred for the preparation and completion of the CEQA Document.
1.2 Consultant Charges. Consultant’s estimated charges for services and reimbursable expenses for preparation and completion of the CEQA Document, pursuant to that Consultant Services Agreement between Consultant and City, a copy of which is attached hereto as Exhibit “C”, are $56,260.
1.3 City Charges. In the fulfillment of its responsibilities under CEQA, the City will incur costs relating to administering the contract with Consultant, reviewing and commenting upon work of Consultant, preparing staff reports and recommendations, attending community and public meetings, and preparing and filing required notices, copying, reproduction, and printing costs, publication, filing, and mailing costs, and materials costs, among other things. City’s estimated charges for services and reimbursable expenses related to the CEQA Document are $11,252, as described more fully in Exhibit “D” hereto.
1.4 Deposits. Applicant acknowledges that the Consultant estimated charges and the City estimated charges are estimates only and the actual costs may be higher.
Applicant agrees to pay all Consultant charges and City charges even if those charges exceed the cost estimates provided in this Contract. To ensure timely payment and performance, Applicant shall deposit the Consultant’s and City’s estimated charges (Total Estimated Cost) with the City as follows:
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1.4.1 Initial Deposit. On April 26, 2021, AMCO, LLC submitted a Deposit for Consultant Charges (1.2) and City Charges (1.3) in the amount of $23,000. Within thirty (30) business days after the Effective Date of this Contract, Applicant shall deposit with the City the remaining balance of the Total Estimated Cost, which is $44,512.
1.4.2 Subsequent Deposits. Applicant shall be responsible for making subsequent deposits with City if necessary. At such time as the Initial Deposit is reduced to either ten percent (10%) of its original amount or $1,000, whichever is greater, City shall invoice the Applicant for a subsequent deposit in an amount determined to be sufficient by the City to complete the next logical phase of work on the CEQA Document. Applicant shall deposit the invoiced amount with City within ten (10) business days after receipt of such invoice.
1.4.3 Return of Excess Deposits. Any excess of the amount deposited over the actual cost incurred by City in connection with preparation of the CEQA Document shall be refunded by City to Applicant within 15 days from the date a Notice of Determination in connection with the subject proposed Project is filed with the County Clerk.
1.4.4 No Obligation for City to Complete. Applicant understands and agrees that City shall have no obligation complete the CEQA Document, consider the CEQA Documents for approval, or to pay or incur any costs related thereto, in the event the that Applicant fails to deposit the funds required under Article 1.0 of this Contract.
In no event shall City have any responsibility to incur or pay any cost for the preparation and completion of the CEQA Document, or any other activities associated with public review, comment, and consideration (such as preparing, posting, and filing notices, circulating copies of the CEQA Documents, or reviewing and recommending the CEQA Document for approval), except to the extent that Applicant has provided the deposits and funds to pay for such activities as provided under this Contract.
1.5 Communication. Applicant hereby agrees that its officers, employees, contractors, agencies or other representatives shall not communicate with, or discuss any matters relating to the CEQA Document with the Consultant engaged by City to prepare the CEQA Document without prior approval from the Community Development Director or her duly authorized representative. Applicant further agrees that all questions regarding scheduling, content, or distribution of the CEQA Document, or any related matters, shall be addressed to the City staff, not the Consultant. The purpose of this provision is to ensure that the CEQA Document prepared will be objective and prepared on behalf of the City, and not a document prepared for purposes of advocating approval of the private proposed project to which it relates.
1.6 Representations. Applicant understands and acknowledges that, although City shall use reasonable efforts to see that the CEQA Document is completed in compliance with the requirements of CEQA and the State CEQA Guidelines, City does not guarantee, warranty, or in any way represent that the CEQA Document will or would be found legally valid by a court of competent jurisdiction in the event of a legal challenge to the CEQA Document by any litigant, and no term of this Contract is
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intended to be, or shall be, construed to express or imply such guarantee, warranty, or representation. Applicant further understands and acknowledges that neither City’s receipt of the amounts specified under this Contract from Applicant, nor any other term of this Contract, is intended to be, or shall be, construed to express or imply that City agrees or intends to assume or reimburse the cost of attorney’s fees, or any other cost, expense or obligation, that would be incurred in undertaking, in whole or in part, the legal defense to any lawsuit or other legal action challenging the validity of the CEQA Document by any litigant.
1.7 Peer Review. Applicant agrees to pay all costs associated with peer review of any document prepared in connection with the CEQA Document if a valid public controversy arises with respect to the CEQA Document. Peer review shall be conducted by the Applicant hiring an environmental consulting firm approved by the City to critique the adequacy of the CEQA Document (or any technical document pertaining thereto) so that the appropriate approval body can make an informed decision with respect to the environmental effects of the Project. For purposes of this section, a valid public controversy shall mean any of the following:
(1) submission of other differing scientific opinions with respect to the CEQA Document;
(2) submission of credible evidence in opposition to evidence contained within the CEQA Document;
(3) submission of additional credible information which was omitted from the CEQA Document.
Article 2.0 Consultants Obligations
2.1 Preparation of CEQA Document. Consultant shall prepare the CEQA Document identified in Recital C of this Contract. If an MND is to be prepared as the CEQA Document, the Consultant shall prepare the administrative draft, draft and Final EIR and responses to comments.
2.2 Attendance at Public Hearings. The Consultant shall attend all public hearings in connection with the subject proposed Project.
2.3 City Documents. The City shall maintain ownership, custody and control over all documents prepared by Consultant including, but not limited to, the CEQA Document.
2.4 Meetings. Both Applicant and Consultant agree not to hold meetings concerning the proposed Project without the City present.
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Article 3.0 City Obligations
3.1 Review Materials. City shall review and analyze all materials submitted in connection with the CEQA Documents as timely as practicable under the circumstances. City shall timely notify and work with Consultant regarding changes or modifications to any CEQA Documents.
3.2 Coordinate Meetings of Parties. City shall use its best efforts to coordinate and arrange meetings between City, Consultant and Applicant from time to time as the need arises.
3.3 Submit to Approval Body. Upon the satisfactory completion of the CEQA Document and all other City application processing requirements, City shall submit the Project for a hearing to the appropriate approval body of the City.
Article 4.0 Indemnity
4.1 Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Article 5.0 General Provisions.
5.1 Attorney’s Fees. In the event any action is instituted to enforce the terms of this Contract, including any action to recover damages, to obtain injunctive relief, or to appeal any judgment or order of the court, the prevailing party in such action shall be entitled to entry of judgment for an amount equal to its reasonable attorneys’ fees, expert witness fees and costs, and costs of suit in addition to such other relief to which it may be entitled. The provisions of this subsection shall in no way limit the scope of either party’s obligations under this Contract.
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5.2 Assignment. This Contract and any and all rights, duties and obligations set forth herein shall not be assigned or transferred by any party.
5.3 Amendments. This Contract may be amended only by a document in writing and signed by each of the parties to this Contract.
5.4 Entire Agreement. This Contract contains the entire agreement and understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements oral or written, are merged herein, and shall be of no force or effect.
California law shall govern the interpretation and enforcement of this Contract.
5.5 Severability. If any covenant, term or condition of this Contract or any application thereof shall be invalid or unenforceable, the remainder of this Contract shall not be affected thereby.
5.6 Authority. The parties hereto warrant and represent that each has the legal right, power and authority to enter into this Contract and to perform all of its obligations hereunder and that the execution and delivery of this Contract have been duly authorized.
5.7 Effective Date of Contract. This Contract shall not become effective until the date it has been executed by the appropriate authorities of City, Consultant & Applicant.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the effective date set forth above.
“CITY”
City of Hemet
By:
Eddie Pust, Police Chief, Acting City
Manager
ATTEST:
_____________________________
John Maier, City Clerk
APPROVED AS TO FORM:
_____________________________
Steven Graham, City Attorney
“APPLICANT”
AMCO, LLC
By:
[Name, Title]
[Name, Title]
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“CONSULTANT”
Lilburn Corporation
By:
[Name, Title]
[Name, Title]
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EXHIBIT “A”
Tri-Party Contract for Consultant Services
Project Description
Project Name: Delfina at Devonshire
Applicant: AMCO, LLC
Project Location: Northwest corner of Devonshire and Sanderson Avenue Project APN: 448-230-021
The project includes a General Plan Amendment (GPA 21-001), Specific Plan Amendment (SPA 21-001), Tentative Parcel Map (MAP 21-001), Conditional Use Permit (CUP 21-005) and Site Development Review (SDR 21-006 and 007) for the development of a 60-unit apartment complex and a gas station with convenience store and express carwash with vacuum stalls on approximately 5 acres. The subject property is located at the northwest corner of Sanderson Avenue and Devonshire Avenue.
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EXHIBIT “B”
Tri-Party Contract for Consultant Services
Scope of Work
SERVICES TO BE PROVIDED
a. Prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) and conduct a third-party peer review of technical studies prepared in behalf of the applicant AMCO, LLC.
b. Review the project per City’s Climate Action Plan.
c. Prepare transmittal notices pursuant to SB 18 and AB 52 requirements, responding to comments from affected tribes, and conducting consultation meetings, as necessary. d. Prepare a notice of Intent to Adopt a MND
e. Perform all required CEQA postings and noticing.
f. Attend at least two public hearing. Provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS.
g. Attend meetings with Planning staff as necessary.
h. Prepare the Notice of Determination.
TECHNICAL STUDIES REVIEW AND PREPARE
a. The following studies have been prepared by the applicant’s consultant. These studies shall be peer reviewed and utilized in the CEQA document review. i. Air Quality
ii. Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis
iii. Greenhouse Gas Emissions
iv. Phase I Environmental Assessment Report (ESA)
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v. Preliminary Drainage Study
vi. Preliminary Water Quality Management Plan (WQMP)
vii. Noise
viii. Geotechnical Report
a. The following studies have not been prepared by the applicant’s consultant and shall be prepared by the consultant or their sub-consultant as necessary and shall be utilized in the CEQA document for preparation. i. Cultural & Paleontology
ii. Traffic Study
PROJECT DELIVERABLES
a. All CEQA public notices required in MSWord
b. Three (3) printed and bound copies and one (1) electronic copy of the Administrative Draft IS/MND.
c. Three (3) printed and bound copies and one (1) electronic copy of the Final Draft IS/MND and all appendices.
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EXHIBIT “C”
Tri-Party Contract for Consultant Services
Consultant Services Agreement between the Consultant and the City See Attachment
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EXHIBIT “D”
Estimate of City Costs Related to the CEQA Document - $11,252
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PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
LILBURN CORPORTATION
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND LILBURN CORPORATION This Professional Services Agreement (“Agreement”) is entered into as of this 12TH day of July, 2022 by and between the City of Hemet, a California municipal corporation (“City”) and Lilburn (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by a request for proposal the performance of the CEQA Consulting Services defined and described particularly in Section 2 of this Agreement.
B. Contractor was selected by the City to perform those services.
C. Contractor was selected by the City on the basis of Contractor’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Hemet’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2023 commencing on the date first ascribed above, unless otherwise extended in writing by the grant administrator.
(b) The City may, in its sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4. (c) Contractor acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is
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contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed fifty-six thousand two hundred and sixty dollars ($56,260), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work
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performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice.
(d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.