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damaged uniform pants or shirt. The City will replace upon approval of the City Manager in consultation with the Police Chief.
Uniform allowances shall be reported to CalPERS periodically when earned, on a per pay period basis, in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations. These items are not reportable for new members under Public Employee’s Pension Reform Act of 2013 (PEPRA), as defined by Government Code Section 7522.04(f).
IV.6 Long Term Disability. The City will continue to pay, during the term of this Memorandum of Understanding, the entire premium for long term disability insurance, provided that the definition in any such policy may be defined to be substantially as follows:
"Your complete inability due to injury, disease, pregnancy, or mental disorder, to engage in any gainful occupation for which you are reasonably fitted by education, training or experience."
IV.7 Retirement.
(a) For unit members hired before July 1, 2011, the City will provide a retirement plan with the California Public Employees Retirement System ("CalPERS"), and such plan shall be the three percent (3%) at fifty (50) CHP plan with military buyback and the "highest year" amendment. Unit members under this plan shall pay the full employee share of the CalPERS contribution.
(b) For unit members hired on or after July 1, 2011 and before January 1, 2013, the City will provide a retirement plan with CalPERS, and such plan shall be three percent (3%) at fifty-five (55). Unit members under this plan shall pay the full employee share of the CalPERS contribution.
(c) For unit members hired on or after January 1, 2013, who are not CalPERS "Classic" employees and are not eligible for reciprocity, the City will provide a retirement plan with CalPERS, and such plan shall be two point seven percent (2.7%) at fifty-seven (57). Unit members under this plan shall pay at least fifty percent (50%) of the total normal cost.
(d) Employee contribution toward employer share of contributions to the respective retirement plans:
(i) Effective July 1, 2013, unit members who are not required to pay fifty percent (50%) of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer's share of the CalPERS contribution.
(ii) Effective July 1, 2014, unit members who are not required to pay fifty percent (50%) of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer share of the CalPERS
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contribution, for a total of two percent (2%) of the employer share of the CalPERS contribution.
(iii) Effective July 1, 2015, unit members who are not required to pay fifty percent (50%) of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer share of the CalPERS contribution. By July 1, 2015, unit members who are not required to pay fifty percent (50%) of the normal cost pursuant to Article 4.6(c), will be contributing a total of three percent (3%) toward the employer share of the CalPERS contribution for a maximum total contribution of twelve percent (12%).
(e) Effective January 1, 2013, the Public Employee's Pension Reform Act of 2013 (PEPRA) will apply to all sworn and non-sworn employees, as well as for employees transferring from other CalPERS or reciprocal agencies. (f) During the term of this MOU (7/1/2024 – 6/30/2026), if the PERS Discount Rate is reduced to six and a half percent (6.5%), the City may initiate re-opener bargaining regarding employee contribution of an additional half percent (.5%) toward pensions.
IV.8 Life Insurance. City shall provide to each unit member a term life insurance policy not to exceed one hundred thousand dollars ($100,000), provided, cost to the City shall be limited to fifty thousand dollars ($50,000) in coverage, the remainder to be borne by the employee or the Association as determined by the Association.
IV.9 Non-Industrial Temporary Disability Leave. Upon appropriate verification of nonindustrial disability, an employee may be granted temporary disability leave. While on temporary disability leave, an employee must utilize his/hertheir accumulated sick and/or vacation leave until it is exhausted, or until benefits are payable from any City temporary disability policy covering such employee, whichever occurs first. An employee may, but is not required to, supplement his/hertheir City temporary disability policy benefits, up to the amount of the difference between the temporary disability policy benefit and his/hertheir normal pay, by using accumulated sick/vacation leave benefits. Temporary disability leave shall be considered to be leave without pay (whether an employee receives temporary disability policy benefits or not) except for those hours that are covered by the use of sick/vacation leave benefits. Neither sick leave nor vacation leave benefits will accrue while an employee is on leave without pay under this Section.
IV.10 Sick Leave Distribution. The City agrees to provide unit members with the following payoff provisions for accumulated sick leave upon the unit member's retirement or disability, or upon death of the unit member while employed by the City. In the case of death, accumulated sick leave benefits shall be paid to a beneficiary designated by the unit member:
(a) Twenty-five percent (25%) of all accumulated sick leave after five (5) years of service with the City; payoff shall be prorated upon last five (5) years of service.
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(b) Fifty percent (50%) of all accumulated sick leave after ten (10) years of service with the City; payoff shall be prorated upon last five (5) years of service. (c) Seventy-five percent (75%) of all accumulated sick leave after twenty (20) years of service with the City; payoff shall be prorated upon last five (5) years of service.
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IV.11 Special Assignment Compensation.
(a) Field Training Officers. Field Training Officers, while acting in such capacity, shall receive an additional ten percent (10%) of their compensation for such duties.
(b) Mandatory Standby/On-Call Schedule. Specified Police employees who, as a result of their current assigned duties, are required to be on-call/standby for mandatory call back shall receive extra compensation in the sum of two hundred fifty dollars ($1250) per pay period while assigned to those duties. The Chief of Police shall determine the number of employees and which specific duty assignments will be subject to mandatory standby/on-call. Those assignments subject to mandatory standby/on-call will include, but are not limited to, the CSU Team and the Investigation Bureau. Additionally, overtime, when specifically authorized or requested by a supervisor will be paid at overtime rates as provided elsewhere herein.
IV.12 Bilingual Certification and Compensation.
(a) Compensation. Effective the second pay period after City Council approval of this MOU, all unit members certified by the department as bilingual in Spanish, Polish, Arabic or American Sign Language, the City will pay two hundred fiftyfive dollars ($255) per month – As employees become certified, this pay will commence on the first day of the first pay period following their certification. (b) Certification. The certification process will be administered through a third party neutral service contracted by the City to conduct bilingual certification.
Employees wishing to be certified as bilingual must make a written request to the City’s Human Resources Manager. Upon such written request, the Human Resources Manager will consult with the Police Chief to determine the need for bilingual services, and if the City determines that such services are needed, the Human Resources Division will schedule a telephone and/or in-person bilingual examination with a bilingual certification representative and the employee.
The Human Resources Division will administer requested bilingual examinations as soon as practicable, but on no less than a quarterly basis.
The bilingual examination will be scored on a pass/fail basis. Examination scores are final and non-appealable. Employees who fail the examination, or who fail to appear for a scheduled examination, may not take another bilingual examination in the same language for a minimum of six (6) months following the failed or missed examination. Employees who pass the examination will be certified as bilingual by the City.
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Employees who are certified as bilingual by the City shall not be required to recertify to continue to receive the bilingual pay.
The City agrees to notify new employees of the bilingual pay program during orientation.
Additional languages can be included in the bilingual pay program at the discretion and upon approval of the City Manager in consultation with the Police Chief.
IV.13 Workers' Compensation Follow-up Appointments. Work schedules for injured employees who have returned to limited duty status will be arranged as much as practical to permit injured employees to keep physician appointments and any prescribed physical therapy. To the extent possible, follow-up appointments shall be scheduled at the convenience of the department and at a time that has the least impact upon departmental operations and upon the employee's assigned duty schedule. Employees who have work schedules that do not permit them to make appoints during normal work hours or in instances in which the appointment must reasonably be made during off-duty hours, will receive the equivalent of two (2) hours of time to attend the appointment.
IV.14 Deferred Compensation. Effective the second full pay period after City Council approval of this MOU, City to match dollar for dollar into the employee deferred compensation plan (457), up to the maximum of one hundred twenty-five dollars ($125) per month.
IV.15 Promotional Process. Association members seeking promotion to corporal or investigator or into the HPMA must achieve a cumulative score of seventy percent (70%) during the promotional process in order to be eligible for promotion and placement on a list of candidates eligible for promotion to the relevant rank. Promotional candidates not receiving a cumulative score of seventy percent (70%) at the conclusion of the testing process will not be eligible for promotion.
IV.16 Equipment Loan Program. The City will make available to unit members loans of up to five thousand dollars ($5,000) for equipment, including gym equipment, not to exceed a grand total of three hundred fifty thousand dollars ($350,000) annually for the bargaining unit as a whole.
ARTICLE V- LEAVES
V.1 Sick Leaves.
(a) Full-time unit members shall accrue sick leave at the rate of eight hours per month, beginning with the first day of employment. Unit members hired between the first and fifteenth day of the month shall be credited with one full day's sick leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue sick leave on the first day of the following month.
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(b) Sick leave with pay shall be allowed by the City whenever a unit member's absence is due to the unit member's illness which prevented his/hertheir attendance on the job and performance of duties on the day of absence. At the employee’s election, sick leave may also be used for baby bonding leave under the California Family Rights Act (“CFRA”).
(c) Each unit member using sick leave must notify the duty watch commander at least two (2) hours prior to the time set for beginning his/hertheir daily duties. (d) The City may require a doctor's certificate at any time as proof of illness, by a doctor of City's choice and at City's expense.
(e) A sick leave request form shall be completed at the department level. (f) A unit member absent on approved sick leave for less than one full working day shall have his/hertheir accumulated sick leave reduced by the number of hours of such absence.
(g) Sick leave may be used to care for “family” as defined under Labor Code 233 and addressed in Labor Code 245.5(c) as follows:
(i) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status
(ii) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child (iii) A spouse
(iv) A registered domestic partner
(v) A grandparent
(vi) A grandchild
(vii) A sibling
(viii) A designated person, which, for purposes of this article, means a person identified by the employee at the time the employee paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days
V.2 (a) Vacations. Full-time unit members will accrue vacation leave in accordance with the following schedule:
• During the first three years of service, unit members shall accrue ninetysix (96) hours of vacation leave per year.
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• After three (3) full years of service, unit members shall accrue one hundred twenty (120) hours of vacation leave per year.
• After six (6) full years of service, unit members shall accrue one hundred forty-four (144) hours of vacation leave per year.
• After nine (9) full years of service, unit members shall accrue one hundred sixty (160) hours of vacation leave per year.
• After twelve (12) full years of service, unit members shall accrue one hundred sixty-eight (168) hours of vacation leave per year. • Unit members hired between the first and fifteenth of the month shall be credited with eight (8) hours of vacation leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue vacation leave on the first day of the following month. (b) Eligibility for Vacation Use. Unit members shall be eligible to take vacation leave following twelve (12) months of full-time, continuous service with the City.
Under extraordinary circumstances, the City may, at its discretion, permit a unit member to take vacation leave prior to the completion of twelve (12) months of full-time, continuous service with the City.
(c) Maximum Accrual. Unit members may carry over a maximum of one years' accumulated vacation leave to the succeeding calendar year. A unit member will cease accruing additional paid vacation leave once he/she has two years accrued vacation on his/hertheir vacation balance. In the event a unit member is denied the use of his or hertheir full accrual in any calendar year, the unit member's cap under this Article 5.2(c) shall be increased by the amount of vacation denied by the City. For purposes of this Article, in order to be deemed to have been denied the use of vacation, (i) the unit member must have offered multiple alternate dates for vacation, all of which were denied; and (ii) the amount of vacation denied shall be based on the entire year and not on any single instance in which a unit member's vacation request was denied.
(e) Holidays During Vacation Leave. In the event that one or more holidays fall during a period when an employee is on vacation leave, such holiday(s) shall not be charged as vacation leave, and the leave shall be extended accordingly. The hour value for each holiday shall be equivalent to the employees' regularly scheduled work period, i.e. if the holiday falls on a regularly scheduled ten (10) hour work day, the employee's time off is ten (10) hours. If the holiday falls on a scheduled eight (8) hour work day, the holiday time is eight (8) hours. (f) Pay for Accumulated Vacation Leave. Unit members who leave the employment of the City shall be paid for all accumulated vacation leave at his/hertheir base salary at the time he/she leaves the employment of the City.
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(g) Vacation Sale. Unit members with more than two (2) years of service may sell unused vacation time in an amount not to exceed fifty percent (50%) of that earned in the preceding twelve (12) month period. The sum of the calculation shall be based on the employee's base salary at the time of the sale. . There shall be no sale of vacation time from July 1, 2024 through December 31, 2024. The sale of vacation time from January 1, 2025 through June 30, 2026 shall be limited to eighty (80) hours.
(h) Break in Service. For the purpose of vacation leave accrual, unit members with a break in service with the City of not more than one year shall be given credit for previous service.
V.3 Military Leave. Military leave shall be granted in accordance with the applicable provisions of federal and state law. Unit members may use accrued vacation during all military leave and training, including during a unit member’s probationary period.
V.4 Jury Leave. Any employee who is called or required to serve as a trial juror shall be entitled to a leave of absence during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances and for a maximum of two weeks duration, the employee shall be paid the difference between his/hertheir salary and any payment received by him/her, except travel pay, for such jury duty. Any jury duty beyond two weeks shall be without pay.
V.5 Extended Leaves of Absence. The City Manager may, upon written request of a permanent employee, grant a leave of absence without pay for a period not to exceed one (1) year. Failure on the part of the employee on leave to report to the City Manager promptly at the expiration of the leave, or within a reasonable time after notice by the City Manager to return to duty after such leave, shall be cause for discharge.
V.6 Serious Family Illness Leave. Employees may use up to three (3) days of serious family illness leave in each calendar year. Serious family illness leave may be used when a member of the employee's immediate family has a sickness or disability that requires the immediate attention and care of the employee. Immediate family means the employee's father, mother, legal guardian, brother, sister, spouse, children, mother-in-law, father-inlaw, grandmother, grandfather, or grandchildren. Employees shall furnish, if required by the Chief of Police, satisfactory proof showing the nature and extent of the sickness or disability to justify the use of serious family illness leave. Serious family illness leave shall not accumulate from year to year. The hour value of a day in this section is equal to the number of hours an affected officer is absent from his/hertheir regularly-scheduled shift in a 24-hour period. A day will commence with the beginning of an officer's scheduled work day. Thus, if an officer took one hour during a given 24-hour period, he/she would be charged with the use of one day.
V.7 Bereavement Leave. Employees may use up to three five (53) days of bereavement leave in each calendar year, in cases where their absence is required due to a death in the
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employee's immediate family. Immediate family shall be defined as spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent, or grandchild in the same way as it is for Serious Family Illness Leave, Section 5.6 above. Bereavement leave shall not accumulate from year to year. The hour value of a day in this section is equal to the number of hours an affected officer is absent from his/hertheir regularly-scheduled shift in a twenty-four (24)-hour period. A day will commence with the beginning of an officer's scheduled work day. Thus, if an officer took one hour during a given twentyfour (24)-hour period, he/shethey would be charged with the use of one (1) day.
ARTICLE VI - HOLIDAYS
VI.1 Unit members shall be granted the following holidays:
(a) New Year's Day (January 1)
(b) Martin Luther King, Jr. Day (third Monday in January) (c) Washington's birthday (third Monday in February)
(d) Memorial Day (last Monday in May)
(e) Independence Day (July 4)
(f) Labor Day (first Monday in September)
(g) Columbus Day (second Monday in October)
(h) Veteran's Day (November 11)
(i) Thanksgiving Day and the day after (fourth Thursday in November and the day after)
(j) Christmas Day (December 25)
(k) One (1) Floating Holiday
VI.2 Procedure if Holiday Falls on Saturday or Sunday. For those employees whose normal work week is Monday through Friday, when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
VI.3 Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the full-time employee's regular day off, he/she shall be entitled to holiday pay at the hour value that is equivalent to the employee's scheduled work period, i.e. for employees on a regularly scheduled ten (10) hour work day, the holiday pay shall be ten (10) hours.
For employees on a regularly scheduled eight (8) hour work day, the holiday pay shall be eight (8) hours.
VI.4 Employees Reporting Sick on Holidays. Employees who report in as sick on a scheduled holiday shall be paid for the holiday, together with an appropriate amount of sick leave pay for the hours actually missed. A commensurate deduction of hours will be made from accumulated sick leave accrual.
VI.5 Holiday Pay. The hour value for each holiday shall be equivalent to the employees' regularly scheduled work period, i.e. if the holiday falls on a regularly scheduled ten (10) hour work day, the employee's time off is ten (10) hours. If the holiday falls on a
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scheduled eight (8) hour work day, the holiday time is eight (8) hours. Employees who work on a holiday shall either be paid the hour value that is the equivalent to the employee's scheduled work period or bank the hour value as Holiday Bank Time.
ARTICLE VII - PERSONNEL REDUCTION PROCEDURE
VII.1 Seniority. When the City orders a reduction in the work force, the layoff of unit members shall be based upon seniority within classification.
VII.2 Seniority Date. A unit member's seniority date shall be the first day he/she rendered service for the department in his/hertheir classification. The seniority date of a returning unit member, more than one year after resignation or termination, shall be the first working day after the break in service, provided that no credit will be given for the time actually missed.
VII.3 Probationary Employees. Unit members on probationary status (new employees and promotional employees) shall be laid off before permanent employees in the same classification.
VII.4 Ties in Seniority. Unit members in the same classification with equal seniority shall be laid off based upon past performance ratings and relative ability as determined by the City.
VII.5 Voluntary/Involuntary Reduction in Rank .A unit member who is subject to layoff may, in lieu of layoff, choose to take a reduction to a lower classification, provided he/shethey gives written notice to his/hertheir department head ten (10) calendar days after receiving notice of layoff. In order to exercise bumping rights, the unit member must have previously served in the lower classification prior to the seniority date of the unit member being displaced. Notwithstanding the foregoing, a unit member may not be involuntarily reduced to a classification of rank beyond the next lower classification or rank which he/she currently holds.
VII.6 Notice. The City shall give affected unit members written notice fourteen (14) days prior to the effective date of the layoff. Under emergency circumstances, the notice period may be shortened.
VII.7 Reemployment. Unit members laid off or taking voluntary reduction in service shall be reemployed in the inverse order of their layoff or reduction. Unit members laid off or taking a voluntary reduction in rank shall be maintained on the reemployment list until such unit member once refuses to accept reinstatement.
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ARTICLE VIII - NONDISCRIMINATION
VIII.1 The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of sex, age, race, color, national origin or creed; nor will there be discrimination in respect to hiring and retention or any condition of employment because of membership in or activities on behalf of the Association.
VIII.2 The Association has no restrictions on membership based on sex, age, color, race, national origin or creed.
ARTICLE IX - DISCIPLINE AND DISCHARGE
RULES AND REGULATIONS
IX.1 The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this Memorandum of Understanding, provided that such rules and regulations are:
(a) Discussed with the Association prior to adoption;
(b) Submitted to the Association prior to adoption; and (c) Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.
IX.2 Probationary Period. Notwithstanding the provisions of any other document pertaining to probationary periods, the probationary period for all unit members following initial appointment is one year from date of hire. The probationary period for a promotional appointment is one year from date of promotion. Should the employee fail to satisfactorily complete his/hertheir probationary promotional period, he/shethey shall be returned to the classification and rate of pay previously held in the department. Police trainees who are promoted to police officer shall serve a one-year promotional probationary period. However, should such an employee not satisfactorily complete the promotional probationary period, he/shethey shall be terminated and shall not be returned to the classification of police trainee.
IX.3 The City shall have the right to discipline and discharge regular employees for "just cause." The Chief of Police shall have the authority to administer discipline in severity up to and including thirty (30) days' suspension. More severe discipline (reduction in salary, demotion, and termination) shall be imposed by the City Manager upon a report and recommendation by the Chief of Police. Probationary employees (original probationary period) do not acquire property or vested rights to their position except as provided by law.
IX.4 Procedural Due Process. Regular employees have the right to procedural due process rights with respect to pre-disciplinary/discharge matters.
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As a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefor, and a copy of the charges and materials upon which the action is based and the right to respond either orally or in writing, to the authority initially imposing discipline.
IX.5 Discipline Procedural Appeals Steps. Discipline imposed by a supervisor of less rank than the Chief of Police may be appealed to the Chief of Police by providing written notice thereof to the Chief of Police within ten (10) working days from the date of the decision.
Decisions or discipline made or imposed by the Chief of Police may be appealed to the City Manager by providing written notice thereof to the City Manager within ten (10) working days from the date of the decision.
The decisions of the City Manager may be appealed in the manner prescribed in Section
10.12 of this agreement.
ARTICLE X- GRIEVANCE APPEALS PROCEDURE
X.1 Grievance. A "grievance" shall mean a written allegation by an employee(s) or the Association concerning a dispute arising out of the interpretation or application of the specific terms of this Memorandum of Understanding and/or written employment policy, rules and regulations which affect terms and conditions of employment. An authorized Association representative may file a "grievance" on behalf of all employees to avoid a multiplicity of grievances over the same dispute.
X.2 Complaint. The parties acknowledge that employee complaints or problems of a nondisciplinary nature, not covered by the grievance procedure, and which have in the past been processed through the Police Department Complaint Procedure, may continue to be resolved through that procedure.
X.3 Representatives. The employee or City may be represented during any step of this procedure by any person designated by such party to act ion his/herthier behalf.
X.4 Procedural Due Process. The grievance procedure contained herein shall not act as a substitute for procedural due process rights for individual employees, with respect to predisciplinary/discharge matters.
X.5 Days. Reference to days regarding time periods in this procedure shall mean work days. A work day is defined as all week days not designated as holidays by state law.
X.6 Time Limitation and Waiver. A grievance shall not be valid unless it is submitted to the City's designee, on the prescribed form, setting forth the facts and the specific provisions of the Memorandum of Understanding allegedly violated and the particular relief sought, within fifteen (15) days after the date the grievant knew or in the exercise of reasonable diligence should have known of the event giving rise to the grievance occurred. Failure to
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file or process any grievance within the prescribed time limitation may constitute a bar of such grievance.
Failure by the City's representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the grievant may appeal to the next level. The City's representative, prior to issuing a decision at Step 1 or Step 2, shall meet with the grievant and his/hertheir representative, if any. Any issue or dispute concerning the procedures of this grievance procedure, including the timeliness of the filing or processing of a grievance, shall be subject to determination by the hearing officer.
X.7 Informal Conference. Prior to filing a formal grievance, an employee should discuss his/hertheir grievance with his/her immediate supervisor in an effort to adjust the alleged grievance informally.
X.8 Step 1. If the grievance is not resolved through the informal conference with the immediate supervisor, the employee must file a grievance with the watch commander or the Police Chief’s designee within the time prescribed in paragraph 10.6. A written decision shall be given to the grievant within ten (10) days after receipt of the grievance.
X.9 Step 2. If the grievance is not resolved at Step 1, the grievant shall have ten (10) days after receipt of the Step 1 decision to file a written appeal to the division commander or the Police Chief’s designee.
A written decision shall be given to the grievant within ten (10) days after receipt of the appeal. The grievant may request a meeting with the Police Chief prior to the issuance of this decision.
X.10 Step 3. In the event the grievance is not resolved in Step 2, the grievant may appeal within fifteen (15) days by filing written notice with the City Manager.
X.11 If, within the fifteen (15) day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed.
X.12 Except as provided hereinafter, the grievant may appeal the decision of the City Manager within fifteen (15) days of his/hertheir decision by providing the City Manager with a written notice of such appeal. The appeal from the City Manager shall be conducted before a hearing officer mutually selected by the parties. Notwithstanding the foregoing provision, the decision of the City Manager shall be final in minor disciplinary matters which do not subject the grievant to time off or for unsatisfactory comments in performance evaluations wherein the overall performance evaluation is rated as satisfactory or better.
The City Manager shall request a panel of seven (7) arbitrators from the California State Conciliation Service within fifteen (15) days of receiving such a request. The arbitrator shall be selected to hear the grievance by alternately striking names from such a panel beginning with the aggrieved employee.
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X.13 Conduct of Hearings. All hearings shall be open to the public, provided, however, that the hearing officer shall, at the request of the employee, exclude the public from all or any portion of such hearings.
The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth.
The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/sheThey shall base his/hertheir findings on the preponderance of evidence.
Decisions made by the hearing officer shall not be invalidated by any informality in the proceedings.
The hearing officer shall not have the authority to add to, modify, or subtract from this Agreement or to take testimony from one party outside the presence of the other. The hearing officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in this Agreement or to take any action which would be in violation of Federal or State laws.
In disciplinary matters, the hearing officer may sustain or reject any or all of the charges filed against the employee. He/sheThey may sustain, reject or modify the disciplinary action invoked against the employee. He/sheThey may not provide for discipline more stringent than that invoked by the appointing authority.
The parties, through their respective counsel, shall, if deemed appropriate, adopt and implement Step 3, Hearing Rules, for Conduct of Hearing.
X.14 Hearing Officer's Decision. The hearing officer shall render his/hertheir decision as soon after the conclusion of the hearing as possible and in no event later than ten (10) working days after conducting the hearing. His/herTheir decision shall set forth which charges, if any, are sustained and the reasons therefor. The hearing officer's written findings and conclusions which support his/hertheir decision shall be filed with the City, the charged employee and his/hertheir representative, the City Clerk and the City Manager. The decision of the hearing officer is final and binding and shall be implemented by the personnel officer, subject only to the appropriate legal recourse of the City or Association pursuant to CCP Section 1094.5. The cost of the hearing and the hearing officer's fees shall be borne equally by the parties.
ARTICLE XI - COMPLETION OF MEET AND CONFER
XI.1 During the term of this Agreement, unless otherwise provided in the Memorandum of Understanding, the parties shall not meet and confer with respect to any subject or matter
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whether or not referred to in this Memorandum of Understanding, unless mutually agreed to otherwise.
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ARTICLE XII - SAVINGS CLAUSE
XII.1 Should any provision of this Memorandum of Understanding, or any application thereof, be unlawful by virtue of any federal, state or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision. But in all other respects, the provisions of this MOU shall continue in full force and effect for the term thereof.
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MEMORANDUM OF UNDERSTANDING
CITY OF HEMET AND
HEMET POLICE OFFICERS ASSOCIATION, INC.
July 1, 20241 through June 30, 20264
Dated: Dated:
HEMET POLICE OFFICERS CITY OF HEMET
ASSOCIATION, INC.
Tiffany Moran, Chief Negotiator Mark Prestwich, City Manager
Christian Coley, President Peter Q. Nguyen, Chief Negotiator
Norma Rangel, Human Resources Manager
Dated:
Joe Males, Mayor
ATTEST AS TO FORM:
Steven Graham, City Attorney
Dated: _____________
ATTEST:
John Maier, City Clerk
Dated: _____________
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 25 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, (1) Authorizing the City Manager to Accept a Restricted Donation of Approximately 17.37 acres of land (APN 454-060-034) and (2) Authorizing the City Manager to enter into a Pre-Development Agreement with the Hemet Historic Theater for the Theater Expansion Project
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City Of Hemet, California, (1) authorizing The City Manager to accept a restricted donation of approximately 17.37 acres of land (APN 454-060-034) and (2) authorizing the City Manager to enter into a Pre-Development Agreement with the Hemet Historic Theater for the Theater Expansion Project.
BACKGROUND:
The first theater was built in Hemet in 1913 by William Martin on Florida Avenue. In 1918, a magnitude 6.8 earthquake on the San Jacinto fault caused significant damage to the original theater, along with most buildings in downtown Hemet. Mr. Martin decided to rebuild the theater on the north side of Florida in its current location, and in doing so, he utilized reinforced concrete. That construction has stood the test of time, and the newly rebuilt theater, completed in 1921, remains a fixture in downtown Hemet today.
The theater has been renovated twice: once in the 1940s and again in the 1960s when the pointed marquee was replaced with the current flat version. The theatre remained in operation under the watchful eye of Harold Martin (William’s son) through the 1970s. In 2000, the Martin family sold the property to David Bernal and Emerson Bixby.
Once the oldest continually run single-screen movie theater in the nation, the business closed in January 2010 when a fire destroyed the adjacent storefronts. Water damage from the firefight leaked into the auditorium, leaving a musty smell that lingered for a year. Fortunately, the treasured landmark suffered no structural damage because of the reinforced concrete construction that Martin
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had used for the building. This sturdy construction also has a major benefit for any restoration plans.
The movie house is one of only a few local buildings of that era that can be restored without major earthquake retrofitting.
In 2013, the Historic Hemet Theatre Foundation negotiated a five-year lease/option to purchase the theatre. The Foundation returned the facility to full operation as a Community Arts Center and began raising funds for the purchase and restoration of this important landmark in downtown Hemet. In March 2018, the Foundation secured the purchase of the building with financing provided by the previous owners. The “Century Club” campaign was established to raise funds for the theatre's renovation.
In May 2024, the City Council authorized the City Manager to purchase two properties, each adjacent to the Hemet Theater, which could allow for a future partnership between the City and the Theater on a Theater Expansion Project. One of the purchases of a vacant lot to the Theater's east concerned the City Council because the negotiated price was $160,000 above the property's appraised value.
The City Council directed the City Manager to work with the Theater to find a way to bridge the gap in value.
ANALYSIS:
(1) Restricted Land Donation
Larry and Shirley Maddox have generously offered to make a restricted donation of land to the City of Hemet to make up the difference in value.
The essential terms of the restricted donation of approximately 17.37 acres of land (APN 454-060- 034) would have the first $160,000 in value realized from the sale, lease, or other activities on the land go to the City as an unrestricted donation (into the general fund). The remaining value would be transferred to the Theater for the Theater Expansion Project, which includes construction, renovation, or improvement activities that increase the theater's seating capacity, enhance its facilities, or otherwise improve its operational capabilities. The expansion would need to be initiated within five (5) years and completed within seven (7) years, otherwise the remaining value would be transferred to Valley-Wide Recreation and Park District to support their operations. (2) Pre-Development Agreement
The Hemet Theater would like to enter into a Pre-Development Agreement, which, while not granting any entitlements or other land use approvals, would ensure that the City of Hemet is actively assisting in moving the project forward. The agreement would include an obligation for both the City and Theater is act in good faith regarding the Theater Expansion Project and a joint study period whereby the Theater will complete its plans, including architecture, engineering, and fundraising.
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.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
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GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses ATTACHMENT(S):
Attachment 1 - Theater Expansion
Attachment 2 - Donation Agreement
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CITY COUNCIL RESOLUTUION NO. 2024-XXX
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, (1) AUTHORIZING THE CITY
MANAGER TO ACCEPT A RESTRICTED DONATION OF
APPROXIMATELY 17.37 ACRES OF LAND (APN 454-060-
034) AND (2) AUTHORIZING THE CITY MANAGER TO
ENTER INTO A PRE-DEVELOPMENT AGREEMENT WITH
THE HEMET HISTORIC THEATER FOR THE THEATER
EXPANSION PROJECT
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council Actions.
(A) The City Manager is authorized to enter into a Restricted Donation Agreement, and to execute all other documents
necessary to effectuate the donation of approximately 17.37 acres of land (APN 454-060-034) to the City of Hemet, whereby the first $160,000 in value realized from sale, lease, or other activities on the land go to the City of Hemet as an unrestricted donation. The remaining value would be transferred to the Theater for the Theater Expansion Project, which includes construction, renovation, or improvement activities that increase the theater's seating capacity, enhance its facilities, or otherwise improve its operational capabilities. The expansion would need to be initiated within five (5) years and completed within seven (7) years, otherwise the remaining value would be transferred to Valley-Wide Recreation and Park District to support their operations. This authorization is contingent on the Restricted Donation Agreement, and all other documents, being
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CITY COUNCIL RESOLUTUION NO. 2024-XXX
approved as to form by the City Attorney, and the essential terms being consistent with this Resolution.
(B) The City Manager is authorized to enter into a PreDevelopment Agreement, and to execute all other documents necessary to effectuate the purposes of this Resolution, which would not grant any entitlements or other land use approvals.
The agreement should include an obligation for both the City and Theater is act in good faith regarding the Theater
Expansion Project and a joint study period whereby the Theater will complete its plans, including architecture, engineering, and fundraising. This authorization is contingent on the PreDevelopment Agreement, and all other documents, being approved as to form by the City Attorney, and the essential terms being consistent with this Resolution.
SECTION 2. Effective Date.
This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk
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CITY COUNCIL RESOLUTUION NO. 2024-XXX
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 25th day of June, 2024, and was passed by the following vote:
AYES:Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Maier
City Clerk
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1. Introduction
1.1 Purpose of Agreement
This Restriction Donation of Land Agreement ("Agreement") is entered into by and between Larry W. Maddox. Shirley M. Maddox, and Robert L. Holcomb Trustee of the Robert L.
Holcomb Revocable Trust created by instrument dated 2/16/95 ("Donor") and the City of Hemet, a municipal corporation located in the State of California ("City"). The purpose of this Agreement is to set forth the terms and conditions under which the Donor shall donate certain land to the City with speci?c restrictions on the use and allocation of the value realized from said land.
1.2 Parties Involved
This Agreement is made and entered into by and between the following parties Donor: Larry W. Maddox. Shirley M. Maddox, and Robert L. Holcomb Trustee of the Robert L. Holcomb Revocable Trust created by instrument dated 2/ 16/95, hereinafter referred to as "Donor."
City: The City of Hemet, a municipal corporation located at 445 E Florida Avenue, Hemet, CA, hereinafter referred to as "City."
1.3 Background and Intentions
The Donor is the owner of certain real property located in the City of Hemet, California. The Donor wishes to donate this land to the City under the terms and conditions speci?ed in this Agreement. The Donor's intention is to bene?t the City's general fund initially and subsequently support a capital project to expand the capacity of the Hemet Historic Theater, or its successor.
In the event that the capital project is not initiated within ?ve (5) years or completed within seven (7) years, any remaining value shall be retained by the City and restricted to supporting the operation of Valley Wide Recreation and Parks.
This Agreement sets forth the mutual understanding of the parties with respect to the donation, the use of the realized value from the land, and the conditions under which the funds shall be allocated and utilized. Both parties agree to abide by the terms and conditions herein and work collaboratively to achieve the objectives of this Agreement.
2. De?nitions
2.1 "Land"
"Land" refers to the real property located in the City of Hemet, California, which is the subject of this Agreement. The speci?c location, boundaries, and legal description of the Land are set forth in Appendix A of this Agreement.
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2.2 "Donation"
"Donation" refers to the act of transferring ownership of the Land from the Donor to the City without monetary consideration, subject to the terms and conditions outlined in this Agreement.
2.3 "City"
"City” refers to the City of Hemet, a municipal corporation in the State of California, including its of?cers, employees, agents, and representatives.
2.4 "General Fund"
"General Fund" refers to the main operating fund of the City, which is used to account for all ?nancial resources except those required to be accounted for in another fund. The ?rst $160,000 in value realized from the Land, through sale, lease, or other means, shall be allocated to this fund without restriction.
2.5 "Hemet Historic Theater"
”Hemet Historic Theater" refers to California Nonpro?t, San Jacinto Valley Community Foundation, operator of the theater located at 216 E. Florida Avenue, in Hemet, California, or its successor entity. The theater is intended to be the primary bene?ciary of the remaining value realized from the Land for the purpose of funding a capital project to expand its capacity.
2.6 "Capital Project"
"Capital Project” refers to the project undeltaken to expand the capacity of the Hemet Historic Theater, including but not limited to, construction, renovation, or improvement activities that increase the theater’s seating capacity, enhance its facilities, or otherwise improve its operational capabilities.
2.7 "Unrestricted Donation"
"Um‘estrictedDonation" refers to the portion of the funds realized from the Land that is donated to the City's General Fund without any specific conditions or limitations on its use. As per this Agreement, the ?rst $160,000 in value realized from the Land shall be considered an unrestricted donation.
2.8 "Restricted Funds"
"Restricted Funds" refers to the remaining value realized from the Land, after the allocation to the General Fund, which is earmarked for speci?c purposes as outlined in this Agreement. Initially, these funds are restricted to support the Hemet Historic Theater’s capital project. If the project is not initiated or completed within the speci?ed timeframes, these funds will be restricted to supporting the operation of Valley Wide Parks and Recreation.
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3. Description of the Land
3.1 Location and Boundaries
The Land that is the subject of this Agreement is located within the municipal boundaries of the City of Hemet, California. The Land is describedin Appendix A to this Agreement and depicted in AppendixB. The Land includes all adjacent properties, easements, and rights-of-way associated with the parcel.
3.2 Representations
The Donor represents that there are no existing violations of local, state, or federal law associatedwith the current use of the Land. The City acknowledges that any future use, development, or disposition of the Land must comply with applicable zoning regulations, building codes, and other legal requirements.
4. Terms and Conditions of the Donation
4.1 Transfer of Ownership
The Donor hereby agrees to transfer and convey all rights, title, and interest in and to the Land to the City. The transfer of ownership shall be completed through the execution and delivery of a deed in a form acceptableto both parties, which shall be recorded in the of?cial records of Riverside County, California. The effective date of the transfer ("Effective Date") shall be the date on which the deed is recorded.
4.2 Donation Restrictions
The Donation is made with the following speci?c restrictions, which the City agrees to honor and enforce:
4.2.1 Unrestricted Donation to General Fund
The ?rst $160,000 in value realized by the City from the Land, whether through sale, lease, or any other means, shall be allocated to the City’s General Fund as an unrestricteddonation. These funds may be used by the City for any lawful purpose without any speci?c restrictions or conditions.
4.2.2 Restricted Donation to Hemet Historic Theater
Any value realized from the Land in excess of $160,000 shall be allocatedto the Hemet Historic Theater, or its successor entity, to be used exclusively for a capital project aimed at expanding the theater’s capacity. This includes, but is not limited to, construction, renovation, or improvement activities that increase the theater's seating capacity, enhance its facilities, or otherwiseimprove its operationalcapabilities.
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Project Initiation: The capital project must be initiated within ?ve (5) years from the Effective Date of this Agreement. "Initiation" shall mean the commencement construction activities and shall not include any fundraising, planning, or other pre— construction activities.
Project Completion: The capital project must be completed within seven (7) years from the Effective Date of this Agreement. "Completion" shall mean the substantial completion of construction or renovation activities such that the expanded capacity of the theater is operational.
4.2.3 Conditional Restrictions for Valley Wide Parks and Recreation If the capital project for the Hemet Historic Theater is not initiated within ?ve (5) years or completed within seven (7) years from the Effective Date, any remaining value realized from the Land shall be retained by the City and restricted to supporting the Operation of the Valley Wide Parks and Recreation. These funds shall be used exclusively for park operations, including but not limited to, funding programs and services, and construction or maintenance of park facilities.
4.3 Recordkeeping
The City shall maintain accurate and detailed records of all transactions and expenditures related to the realized value from the Land.
4.4 Compliance with Laws
Both the Donor and the City agree to comply with all applicable local, state, and federal laws and regulations in the execution of this Agreement and the implementation of its terms.
4.5 Acknowledgement of Restrictions
By executing this Agreement, the City acknowledges and agrees to the restrictions placed on the Donation and accepts its responsibility to enforce and honor these restrictions in good faith.
5. Allocation and Use of Funds
5.1 First $160,000 — General Fund Allocation
The first $160,000 in value realized by the City from the Land, whether through sale, lease, or any other means, shall be allocated to the City's General Fund as an unrestricted donation. These funds may be used by the City for any lawful purpose without any speci?c restrictions or conditions.
5.2 Remaining Funds - Hemet Historic Theater Allocation Any value realized from the Land in excess of $160,000 shall be allocated to the Hemet Historic Theater, or its successor entity, to be used exclusively for a capital project aimed at expanding the theater's capacity. This allocation is subject to the following conditions:
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5.2.1 Use for Capital Project
The funds allocated to the Hemet Historic Theater must be used for a capital project that includes, but is not limited to, construction, renovation, or improvement activities that increase the theater’s seating capacity, enhance its facilities, or otherwise improve its operational capabilities. The City is authorized by the Donor to ensure compliancewith the restrictions imposed on the City by any reasonable means, including the following, as a condition of distrusting any funds to the Theater:
5.2.1.1 Authorization to Impose Requirements
The City is hereby authorized to impose reasonable requirements on the Hemet Historic Theater, or its successor entity, to ensure that the funds allocated from the realized value of the Land are used appropriately and in accordance with the terms of this Agreement.
5.2.1.2 Documentation and Reporting
The Hemet Historic Theater shall provide the City with regular documentation and reports demonstrating the use of funds allocated for the capital project. These reports shall include, but are not limited to, ?nancial statements, invoices, receipts, and progress reports detailing the status of the capital project.
5.2.1.3 Audits and Inspections
The City shall have the right to require audits and inspections of the Hemet Historic Theater’s records and premisesto verify that the funds are being used appropriately. Such audits and inspections may be conducted at reasonable times and upon reasonable notice to the theater.
5.2.1.4 Compliance with Project Timelines
The Hemet Historic Theater shall comply with the project initiation and completion timelines speci?ed in this Agreement. The City may require periodic updates on the progress of the project to ensure that the timelines are being met.
5.2.1.5 Corrective Actions
If the City determines that the funds are not being used in accordance with this Agreement, it may require the Hemet Historic Theater to take corrective actions to address any discrepancies or misuse of funds. The theater shall promptly comply with any such requirements imposed by the City.
5.2.1.6 Remedies for Non-Compliance
If the Hemet Historic Theater fails to comply with the reasonable requirements imposed by the City, the City shall have the right to take appropriate actions, including but not limited to:
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5.2.1.7 Suspension of Funds
The City may suspend further disbursement of funds to the Hemet Historic Theater until compliance is achieved.
5.2.1.8 Reallocation of Funds
If non-compliance persists, the City may reallocate the remaining funds to Valley Wide Parks and Recreation in accordance with the terms of this Agreement.
5.2.1.9 Legal Action
The City may seek legal remedies to enforce the terms of this Agreement and ensure that the funds are used appropriately.
5.2.2 Timeline for Project Initiation and Completion
Project Initiation: The capital project must be initiated within ?ve (5) years from the Effective Date of this Agreement. "Initiation" shall mean the commencement construction activities and shall not include any fundraising, planning, or other pre- construction activities.
Project Completion: The capital project must be completed within seven (7) years from the Effective Date of this Agreement. "Completion" shall mean the substantial completion of construction or renovation activities such that the expanded capacity of the theater is operational.
5.3 Reversion to Valley Wide Parks and Recreation District If the capital project for the Hemet Historic Theater is not initiated within ?ve (5) years or completed within seven (7) years from the Effective Date, any remaining value realized from the Land shall be retained by the City and restricted to supporting the operation of Valley Wide Parks and Recreation. The use of these funds is subject to the following conditions:
5.3.1 Conditions for Reversion
If the Hemet Historic Theater capital project does not meet the speci?ed initiation and completion timelines, the City Council shall appropriate all funds originally allocated for the theater to Valley Wide Parks and Recreation. The City shall provide written notice to the Donor, or the Donor’s designated representative, of the reversion of funds and the intended use for park operations and expansion.
5.3.2 Use of Funds for Park Operations
The reallocated funds shall be used exclusively for the operation of Valley Wide Parks & Recreation, which may include funding programs and services, maintaining or expanding facilities, and other operational needs as determined by the City Council.
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5.4 Reporting and Accountability
The City shall maintain accurate and detailed records of all transactions and expendituresrelated to the funds realized from the Land.
5.5 Compliance and Enforcement
The City agrees to comply with all applicable local, state, and federal laws and regulations in the allocation and use of the funds realized from the Land. The City acknowledges its responsibility to enforce and honor the restrictions placed on the funds as per this Agreement. In the event of non—compliance,the Donor reserves the right to take appropriate legal action to ensure enforcement of the terms of this Agreement.
6. Rights and Responsibilities of the Parties
6.] Responsibilities of Larry W. Maddox. Shirley M. Maddox, and Robert L. Holcomb Trustee of the Robert L. Holcomb Revocable Trust created by instrument dated 2/16/95 The Donors, Larry W. Maddox. Shirley M. Maddox, and Robert L. Holcomb, agrees to the following responsibilities:
6.1.1 Execution of Deed
The Donor shall execute and deliver a deed transferring ownership of the Land to the City, in a form acceptable to both parties, and shall cooperate in the recording of said deed in the of?cial records of Riverside County, California.
6.1.2 Provision of Information
The Donor shall provide all necessary information and documentation related to the Land, including but not limited to, the legal description, survey data, and any existing reports on the Land’s condition or use.
6.1.3 No Encumbrances
The Donor represents and warrants that the Land is free and clear of any liens, encumbrances, or claims that could adversely affect the City’s use and enjoyment of the Land, and shall indemnify and hold the City harmless from any such claims.
6.2 Responsibilities of the City of Hemet
The City of Hemet agrees to the following responsibilities
6.2.1 Acceptance of Deed
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The City shall accept the deed transferring ownership of the Land from the Donor and ensure its proper recording in the of?cial records of Riverside County, California.
6.2.2 Compliance with'Donation Restrictions
The City shall honor and enforce the restrictions on the use and allocation of funds realized from the Land as speci?ed in this Agreement.
6.2.3 Allocation and Use of Funds
The City shall allocate and use the funds realized from the Land in accordance with Sections 4 and 5 of this Agreement, ensuring that the ?rst $160,000 is allocated to the General Fund and any remaining funds are used for the Hemet Historic Theater capital project or Valley Wide Parks and Recreation, as applicable.
6.2.4 Reporting and Accountability
The City shall maintain accurate and detailed records of all transactions and expenditures related to the funds realized from the Land and provide annual ?nancial and progress reports to the Donor or the Donor’s designated representative, as speci?ed in Section 5.4 of this Agreement.
6.2.5 Compliance with Laws
The City shall comply with all applicable local, state, and federal laws and regulations in the execution of this Agreement and the implementation of its terms.
6.3 Joint Responsibilities
Both parties agree to the following joint responsibilities:
6.3.1 Cooperation
The Donor and the City shall cooperate fully to ensure the successful transfer ofownership of the Land and the ful?llment of the terms and conditions of this Agreement.
6.3.2 Dispute Resolution
In the event of a dispute arising from or related to this Agreement, the parties agree to ?rst attempt to resolve the dispute through good faith negotiations. If the dispute carmot be resolved through negotiations, the parties may agree to submit the dispute to mediation or arbitration before pursuing legal action.
6.4 Dispute Resolution
If any disputes arise between the parties regarding the interpretation or performance of this Agreement, the parties shall ?rst attempt to resolve the dispute through good faith negotiations
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If the dispute cannot be resolved through negotiations, the parties may agree to submit the dispute to mediation or arbitration. If the dispute remains unresolved, either party may seek legal remediesin a court of competent jurisdiction in Riverside County, California.
7. Compliance and Reporting
7.1 Compliance with Laws and Regulations
Both the Donor and the City agree to comply with all applicable local, state, and federal laws an d
regulations in the execution of this Agreement and the implementationof its terms.
7.2 Reporting Requirements
The City shall provide the Donor with the following reports to ensure transparency and accountability in the use of funds realized from the Land.
7.2.1 Financial Reporting
The City shall prepare and deliver its certi?ed annual ?nancial report to the Donor, or the Donor’s designated representative upon request.
7.3 Remedies for Non-Compliance
In the event the City fails to comply withthe terms and conditions of this Agreement the Donor shall have the right to seek appropriate remedies, including but not limited to:
Withholding of future allocations of funds until compliance is achieved.
Requiring the City to return any misallocated or improperly used funds.
Seeking injunctive relief or other legal remedies to enforce the terms of this Agreement.
8. Amendments and Termination
8.1 Conditions for Amendments
This Agreement may be amended only by a written agreement executed by both the Donor and the City. Any amendments must be approved by the appropriate legal representatives of both parties and must clearly specify the changes to be made to the original Agreement.
8.1.1 Amendment Procedures
Any party proposing an amendment shall provide written notice to the other party, outlining the proposed changes and the reasons for the amendment. The receiving party shall have thirty (30) days to review and respond to the proposed amendment.
8.2 Termination of Agreement
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1‘ This Agreement may be terminated under the following conditions:
8.2.1 Mutual Agreement
The Agreement may be terminated at any time by mutual written consent of both the Donor and the City.
8.2.2 Breach of Agreement
If either party breaches any material term or condition of this Agreement and fails to cure such breach within sixty (60) days of receiving written notice from the non-breaching party, the non— breaching party may terminate the Agreement.
8.2.3 Legal 0r Regulatory Changes
The Agreement may be terminated if changes in applicable laws or regulations render the performance of the Agreement impossible or impractical, and the parties are unable to negotiate an amendment to address the changes.
8.3 Effect of Termination
Upon termination of this Agreement, the following provisions shall apply:
8.3.1 Return of Funds
If the Agreement is terminated due to a breach by the City, the City shall return any unspent funds realized from the Land to the Historic Hemet Theatre.
8.3.2 Continuation ofObligations
Any obligations of the parties that arose prior to the termination shall survive the termination and remain in effect until ful?lled.
9. Miscellaneous Provisions
9.1 Notices
All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certi?ed mail, return receipt requested, or by recognized overnight delivery service, addressed as
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For the Donor: ~
0 1380 N Palm Avenue, Hemet, CA 92543
For the City:
0 City of Hemet
o 445 E Florida Avenue, Hemet, CA, 29543
0 Attention: [City's Representative]
Either party may change its address for notices by providing written notice to the other party in accordance with this section.
9.2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its con?ict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Riverside County, California.
9.3 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The parties shall endeavor in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves the intended purpose of the original provision.
9.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
9.5 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures delivered by facsimile or electronic transmission shall be deemed to be original signatures for all purposes.
10. Signatures
10.1 Signatures of Parties
This Agreement is executed by the parties as of the Effective Date
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Appendices
A. Legal Description of the Land
1737 ACRES M/L IN POR PAR 3AND PAR D PM 030/053 PM 7780 Subdivision Name PM 7780 Acres 017.37 M/L Lot Type Parcel D Rec Map Type Parcel Map Plat B 030 Map Plat P 053 Portion Lot Type Parcel 3 APN 454—060—034
B. Map of the Land
[Insert detailed map of the Land showing location, boundaries, and coordinates] féérnz?
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 25 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Vance Corporation the Auto Mall Pavement Rehabilitation Project, CIP 5761, in the Amount of $2,420,044.48; Waiving any Minor Bid Irregularities; Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $242,005; Approving Materials Testing in the Amount of $40,000; Authorizing the Administrative Services Director to Appropriate an Additional $1,655,312 of Unallocated American Rescue Plan Act (ARPA) Funds (Fund 270) and $141,738 from the Measure A Holding Account 222-5001-5500 for a Total Additional Appropriation of $1,797,050 to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Awarding Vance Corporation the Auto Mall Pavement Rehabilitation Project, CIP 5761, in the Amount of $2,420,044.48; Waiving any Minor Bid Irregularities; Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $242,005; Approving Materials Testing in the Amount of $40,000; Authorizing the Administrative Services Director to Appropriate an Additional $1,655,312 of Unallocated American Rescue Plan Act (ARPA) Funds (Fund 270) and $141,738 from the Measure A Holding Account 222-5001-5500 for a Total Additional Appropriation of $1,797,050 to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.
BACKGROUND:
The City of Hemet Auto Mall was constructed in 1994 and today represents one of the City's most important revenue drivers. In recent years, the pavement condition of the Auto Mall deteriorated to the point where portions of streets experienced potholes and was in need of rehabilitation.
As a result, the City Council programmed $1 million General Fund Reserve dollars into the Fiscal Year 2023-24 budget to rehabilitate the Hemet Auto Mall pavement. The project was assigned the
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Capital Improvement Program (CIP) Project No. 5761 in the annual CIP update adopted by the City Council on August 8, 2023.
During the design process, the geotechnical investigation found extremely poor soil conditions that had a significant impact to the design and resulting cost estimate.
The City's design consultant, Cozad & Fox, finished the project design, and the City Engineer prepared and approved the bid package on March 20, 2024. On March 25, 2024, the bid package was uploaded to PlanetBids, the City’s bid solicitation service provider, where 399 vendors were notified and interested bidders could obtain the complete package. On March 28, 2024, the Notice Inviting Bids was advertised in the Press Enterprise.
Due to confusing language in the notice inviting bids regarding the bid submittal method, on May 14, 2024, the Council rejected all bids received on April 23, 2024.
On May 28, 2024, the bid package was reposted to PlanetBids where 413 vendors were notified and interested bidders could obtain the complete package. On June 1, 2024, the Notice Inviting Bids was again advertised in the Press Enterprise.
ANALYSIS:
On June 18, 2024, the Procurement Administrator received 7 bids, as shown below:
1. Vance Corporation $2,420,044.48
2. Onyx Paving $2,589,000.00
3. All American Asphalt $2,589,589.00
4. Hardy & Harper $2,722,106.00
5. RJ Noble $2,768,324.00
6. I E General Engineering, Inc $2,951,545.00
7. LCR Earthworks $2,989,685.00
Engineer’s Estimate $2,305,000.00
Formal bidding procedures were followed in conformance with the Public Contracts Code. After reviewing the bids, the Vance Corporation was determined to be the verified lowest responsive and responsible bidder.
DISCUSSION:
The Auto Mall Pavement Rehabilitation Project (CIP 5761) includes pavement repairs and maintenance to all the streets within the Hemet Auto Mall east of Warren Road and south of Florida Avenue (see Attachment 5 for a map).
The project scope of work includes pulverizing existing asphalt concrete, aggregate base, and a portion of underlaying soils, add Portland cement, mixing, grading, and compaction of reclaimed stabilized material, dispose of excess material, construction of new asphalt overlays, remove and reconstruct stamped concrete pavement, adjust valve covers and manhole covers to finished surface,
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remove and replace PCC gutters, replace striping and markings, and removal and replacement of existing ADA ramps.
The Public Works Department’s Engineering Division staff will provide inspection services and construction management services on the project. The timeline for completion of the project is 80 working days. Working days are counted from the construction start date provided in the notice to proceed.
An alternative bid was received to compare the cost of replacing the existing stamped concrete paving with asphalt. This substitution would reduce the cost by $328,478.55. However, it would take away from the overall auto mall aesthetics and it is recommended to replace the stamped concrete in kind as included in the base bid.
The project will be closely coordinated with the auto dealers to ensure the least amount of disruption to their operation as possible.
PREVIOUS COUNCIL ACTION:
On August 8, 2023, Council approved the Fiscal Year 2023-2024 through Fiscal Year 2027- 2028 Capital Improvement Program.
On May14, 2024, Council rejected all bids received for this project on April 23, 2024 due to confusion with the Notice Inviting Bids.
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.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
The Auto Mall Pavement Rehabilitation Project (CIP 5761) is funded by a General Fund allocation in the FY 2023/2024 budget in the amount of $1,000,000. Available funds are not sufficient for the award of this recommended agreement without additional appropriation. The total project costs are as follows:
Design/Bid Package Preparation $95,000
Construction Contract $2,420,044.48
Contingency (10%) $242,005
Materials Testing $40,000
Total Project Cost $2,797,049.48
Staff is recommending a supplemental appropriation in the amount of $1,655,312 of unallocated ARPA funds (Fund 270) and $141,738 from the Measure A holding account 222-5001-5500. This
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would exhaust the unallocated ARPA fund balance, which is required to be fully used by the end of 2024, and would result in a remaining balance of $86,129.03 in the Measure A holding account.
ALTERNATIVE(S):
1.Do not award the construction agreement to Vance Corporation.
2.Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution CIP 5761 Construction Award
Attachment 2 - Bid Summary
Attachment 3 - Bid Received
Attachment 4 - Draft Agreement
Attachment 5 - CIP 5761 Location Exhibit
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING VANCE
CORPORATION THE AUTO MALL PAVEMENT
REHABILITATION PROJECT, CIP 5761, IN THE AMOUNT
OF $2,420,044.48; WAIVING ANY MINOR BID
IRREGULARITIES; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL CONTRACT DOCUMENTS;
APPROVING ADDITIONAL CONSTRUCTION
EXPENDITURES NOT TO EXCEED APPROXIMATELY
10% OF THE CONTRACT AMOUNT OR $242,005;
APPROVING MATERIALS TESTING IN THE AMOUNT OF
$40,000; AUTHORIZING THE ADMINISTRATIVE
SERVICES DIRECTOR TO APPROPRIATE AN
ADDITIONAL $1,655,312 OF UNALLOCATED AMERICAN
RESCUE PLAN ACT (ARPA) FUNDS (FUND 270) AND
$141,738 FROM THE MEASURE A HOLDING ACCOUNT
222-5001-5500 FOR A TOTAL ADDITIONAL
APPROPRIATION OF $1,797,050 TO FUND THE TOTAL
PROJECT COST; AND AUTHORIZING THE CITY CLERK
TO RECORD THE NOTICE OF COMPLETION UPON
ACCEPTANCE OF THE WORK BY THE CITY ENGINEER
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 Public Works Department is responsible for street infrastructure projects that include reconstruction, rehabilitation, and resurfacing of pavement for approximately 300 miles of City streets; and WHEREAS, the City Council allocated $1 million dollars to pavement rehabilitation of the Hemet Auto Mall in the fiscal year 2023/2024 budget; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, On August 8, 2023, Council approved the Fiscal Year 2023-2024 through Fiscal Year 2027-2028 Capital Improvement Program; and WHEREAS, On March 20, 2024, the City Engineer approved the bid package for the Hemet Auto Mall Pavement Rehabilitation Project (CIP 5761); and WHEREAS, on March 25, 2024, the City of Hemet solicited bids from 399 vendors on Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package and on March 28, 2024, the Notice Inviting Bids was published in the Press Enterprise; and WHEREAS, on May 14, 2024, the City Council rejected all bids received on April 23, 2024 due to confusion in the notice inviting bids regarding the submittal method; and WHEREAS, May 28, 2024, the City of Hemet solicited bids from 413 vendors on Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package and on June 1, 2024, the Notice Inviting Bids was published in the Press Enterprise; and
WHEREAS, staff recommends to waive any minor irregularities within the Vance Corporation bid submittal; and
WHEREAS, staff recommends to award a City of Hemet Contractor Agreement to Vance Corporation in the amount of $2,420,044.48; and WHEREAS, staff recommends the City Council Authorize the City Manager to execute all contract documents and to approve additional project expenditures not to exceed $242,005, which is approximately 10% of the contract amount; and WHEREAS, staff recommends the City Council approve materials testing in the amount of $40,000; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, staff recommends the City Council Authorize the Administrative Services Director to appropriate an additional $1,655,312 of unallocated ARPA funds (Fund 270) and $141,738 from the Measure A holding account 222-5001-5500 to fund the total project cost; and
WHEREAS, the timeline for completion of the project is eighty (80) working days; and
WHEREAS, staff recommends the City Council Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. Approve the construction agreement for the Citywide Street Rehabilitation Project, CIP 5761, to Vance Corporation in the amount of $2,420,044.48 and waive any minor bid irregularities.
SECTION 3. Authorize the City Manager to execute all contract documents.
SECTION 4. Approve additional construction expenditures not to exceed approximately 10% of the contract amount or $242,005 and approve materials testing for the project in the amount of $40,000.
SECTION 5. Authorize the Administrative Services Director to appropriate an additional $1,655,312 of unallocated ARPA funds (Fund 270) and $141,768 from the Measure A holding account 222-5001-5500 to fund the total project cost.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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SECTION 6. Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
PASSED, APPROVED AND ADOPTED this 25th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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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 25rth day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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City of Hemet
Bid Results for Project Pavement Rehabilitation at Hemet Auto Mall ‐ CIP 5761Issued on 05/28/2024Bid Due on June 18, 2024 3:00 PM (PDT) Exported on 06/18/2024
Line Totals (Unit Price * Quantity)
Item NSection Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Base Bid Items Mobilization (not to exceed 5%) LS 1 $115,000.00 $115,000.00 $85,000.00 $85,000.00 $98,400.00 $98,400.00 $104,000.00 $104,000.00 $115,000.00 $115,000.00 $142,000.00 $142,000.00 $150,000.00 $150,000.00 2 Base Bid Items Traffic and Pedestrian Control LS 1 $150,000.00 $150,000.00 $258,041.00 $258,041.00 $128,400.00 $128,400.00 $95,500.00 $95,500.00 $237,082.50 $237,082.50 $185,000.00 $185,000.00 $250,000.00 $250,000.003 Base Bid Items Temporary Construction Project Identification Sign EA 2 $4,875.00 $9,750.00 $3,000.00 $6,000.00 $2,045.00 $4,090.00 $1,100.00 $2,200.00 $1,600.00 $3,200.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00 4 Base Bid Items Water Quality Control LS 1 $45,000.00 $45,000.00 $30,000.00 $30,000.00 $12,600.00 $12,600.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $35,000.00 $35,000.00 $15,000.00 $15,000.00 5 Base Bid Items
Adjust Ex. Manhole to New F.S. per Owner Agency Std. &
Specs. EA 22 $1,288.64 $28,350.08 $1,200.00 $26,400.00 $1,100.00 $24,200.00 $790.00 $17,380.00 $1,450.00 $31,900.00 $1,500.00 $33,000.00 $1,800.00 $39,600.00 6 Base Bid Items
Adjust Ex. Valve Can/Lid and to New F.S. & Paint per Owner Agency Std. & Specs. EA 63 $788.89 $49,700.07 $920.00 $57,960.00 $200.00 $12,600.00 $165.00 $10,395.00 $150.00 $9,450.00 $550.00 $34,650.00 $750.00 $47,250.00 7 Base Bid Items Relocate Existing Sign & Pole EA 2 $2,119.00 $4,238.00 $800.00 $1,600.00 $210.00 $420.00 $220.00 $440.00 $200.00 $400.00 $1,000.00 $2,000.00 $220.00 $440.00 8 Base Bid Items Remove and Replace Exist ADA Ramp per City Std. EA 2 $9,108.50 $18,217.00 $12,000.00 $24,000.00 $14,500.00 $29,000.00 $14,300.00 $28,600.00 $17,000.00 $34,000.00 $15,000.00 $30,000.00 $14,000.00 $28,000.009 Base Bid Items Hot Mix Asphalt TON 5800 $110.07 $638,406.00 $111.00 $643,800.00 $130.00 $754,000.00 $125.00 $725,000.00 $132.00 $765,600.00 $128.00 $742,400.00 $155.00 $899,000.00 10 Base Bid Items
Unclassified Excavation (Remove Pulverized Material to
accommodate new asphalt overlay) SF 203500 $0.83 $168,905.00 $1.00 $203,500.00 $1.31 $266,585.00 $1.56 $317,460.00 $0.85 $172,975.00 $1.45 $295,075.00 $1.30 $264,550.00 11 Base Bid Items
Full Depth Reclamation to pulverize existing asphalt,
aggregate base, and a portion of the subgrade soil to a depth of 22.5", Rough Grade, Stabilize, Fine Grade, Microcracking, Moist Cure. SF 203500 $1.09 $221,815.00 $1.45 $295,075.00 $1.10 $223,850.00 $1.50 $305,250.00 $1.30 $264,550.00 $1.50 $305,250.00 $1.20 $244,200.00 12 Base Bid Items
Full Depth Reclamation to pulverize existing aggregate base, and a portion of the subgrade soil to a depth of 10", Rough Grade, Stabilize, Fine Grade, Microcracking, Moist Cure SF 26000 $0.80 $20,800.00 $1.00 $26,000.00 $1.26 $32,760.00 $1.50 $39,000.00 $1.30 $33,800.00 $1.20 $31,200.00 $1.20 $31,200.00 13 Base Bid Items Portland Cement (6% Min Stabilizing agent for FDR roadbed) TON 1293 $249.12 $322,112.16 $228.00 $294,804.00 $228.00 $294,804.00 $239.00 $309,027.00 $217.50 $281,227.50 $250.00 $323,250.00 $265.00 $342,645.00 14 Base Bid Items Mix Design LS 1 $8,819.55 $8,819.55 $8,000.00 $8,000.00 $8,085.00 $8,085.00 $8,500.00 $8,500.00 $7,700.00 $7,700.00 $15,000.00 $15,000.00 $9,240.00 $9,240.00 15 Base Bid Items Crack sealing & Slurry Seal SF 30800 $0.87 $26,796.00 $1.25 $38,500.00 $1.30 $40,040.00 $1.18 $36,344.00 $0.98 $30,184.00 $1.15 $35,420.00 $1.20 $36,960.00 16 Base Bid Items Smooth Pavement Joint Transition LF 36 $57.31 $2,063.16 $20.00 $720.00 $52.00 $1,872.00 $48.00 $1,728.00 $70.00 $2,520.00 $165.00 $5,940.00 $135.00 $4,860.00 17 Base Bid Items Remove and Reconstruct Existing Cross Gutter SF 1300 $22.61 $29,393.00 $42.00 $54,600.00 $47.00 $61,100.00 $55.00 $71,500.00 $30.00 $39,000.00 $35.00 $45,500.00 $22.00 $28,600.00 18 Base Bid Items Remove and Reconstruct Existing Stamped Concrete SF 26000 $19.81 $515,060.00 $19.00 $494,000.00 $26.50 $689,000.00 $23.00 $598,000.00 $20.00 $520,000.00 $25.00 $650,000.00 $20.00 $520,000.0019 Base Bid Items Utility Potholing LS 1 $20,042.06 $20,042.06 $21,000.00 $21,000.00 $16,800.00 $16,800.00 $66,000.00 $66,000.00 $10,000.00 $10,000.00 $45,000.00 $45,000.00 $10,000.00 $10,000.00 20 Base Bid Items Field Orders LS 5 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 21 Base Bid Items Signing & Striping LS 1 $15,577.40 $15,577.40 $10,000.00 $10,000.00 $13,500.00 $13,500.00 $14,000.00 $14,000.00 $11,000.00 $11,000.00 $20,000.00 $20,000.00 $16,000.00 $16,000.00 Subtotal $2,420,044.48 $2,589,000.00 $2,722,106.00 $2,768,324.00 $2,589,589.00 $2,989,685.00 $2,951,545.00 22 Alternate Bid Items Remove and Deduct Base Bid Item # 12 SF ‐26000 $1.20 ‐$31,200.00 $1.00 ‐$26,000.00 $1.26 ‐$32,760.00 $1.50 ‐$39,000.00 $1.30 ‐$33,800.00 $1.20 ‐$31,200.00 $1.20 ‐$31,200.00 23 Alternate Bid Items Remove and Deduct Base Bid Item # 18 SF ‐26000 $19.58 ‐$509,080.00 $19.00 ‐$494,000.00 $26.50 ‐$689,000.00 $23.00 ‐$598,000.00 $20.00 ‐$520,000.00 $25.00 ‐$650,000.00 $20.00 ‐$520,000.00 24 Alternate Bid Items Add Remove Existing Stamped Concrete SF 26000 $1.84 $47,840.00 $4.25 $110,500.00 $7.40 $192,400.00 $4.50 $117,000.00 $8.00 $208,000.00 $4.00 $104,000.00 $6.00 $156,000.00 25 Alternate Bid Items
Add Full Depth Reclamation to pulverize existing asphalt, aggregate base, and a portion of the subgrade soil to a depth of 22.5", Rough Grade, Stabilize, Fine Grade, Microcracking, Moist Cure. SF 26000 $0.76 $19,760.00 $1.00 $26,000.00 $1.24 $32,240.00 $0.88 $22,880.00 $1.30 $33,800.00 $1.50 $39,000.00 $2.50 $65,000.00 26 Alternate Bid Items
Add Portland Cement (6% Min Stabilizing agent for FDR
roadbed) Ton 165 $249.13 $41,106.45 $228.00 $37,620.00 $228.00 $37,620.00 $250.00 $41,250.00 $217.50 $35,887.50 $250.00 $41,250.00 $265.00 $43,725.00 27 Alternate Bid Items Add Hot Mix Asphalt Ton 750 $137.46 $103,095.00 $111.00 $83,250.00 $116.00 $87,000.00 $128.00 $96,000.00 $132.00 $99,000.00 $145.00 $108,750.00 $165.00 $123,750.00 Subtotal ‐$328,478.55 ‐$262,630.00 ‐$372,500.00 ‐$359,870.00 ‐$177,112.50 ‐$388,200.00 ‐$162,725.00 Total $2,091,565.93 $2,326,370.00 $2,349,606.00 $2,408,454.00 $2,412,476.50 $2,601,485.00 $2,788,820.00 LCR Earthworks IE General
BASE BID TOTALS
ALTERNATE BID TOTALS
Vance Onyx Hardy & Harper RJ Noble All American
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will not be resgonsible
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the Street Rehabilitation Project, CIP No. 5761, 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, isfamiliar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements ofthe Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.
Contractor confirms that his/her/itsbid issubmitted 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.(SI 1:
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 Hemet Auto Center Pavement Rehabilitation Project, CIP No. 5761 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 2021 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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Specs.
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont'd)
BIDSCHEDULE
BASEBID- HEMETAUTO CENTERPAVEMENTREHABILITATIONPROJECT, CIP No. 5761
EXTENDE
ITEM ESTIMATED UNIT D DESCRIPTION UNIT ITEM
No QUANTITY PRICE AMOUNT
1 Mobilization(not to exceed 5%) LS 1
“5’000'00 “5300-00
2 Traf?c and Pedestrian Control L8 1 150’000‘00 150’000' 00 3 Temporary Gonstruction Project 4,37500 9,750.00
Identi?cation Sign EA 2
4 Water Quality Control L8 1 45:00000
Adjust Ex. Manhole to New F.S
5 per Owner Agency Std. & 28,3501”;
Specs. EA 22 1’288'64
Adjust Ex. Valve Can/Lid and to
6 New F.S. & Paint per Owner 788.89 49,700.07
Agency Std. & EA 63
4,238.00 7 Relocate Existing Sign & Pole EA 2 2’119'00
3 Remove and Replace Exist ADA 9,108.50 18,217.00
Ramp per City Std. EA 2
9 Hot MixAsphalt TON 5800 “0'07 638’406'
00 Unclassi?ed Excavation
10 (Remove Pulverized Material to
accommodate new asphalt 0-83 168905-
00 overlay) SF 203500
Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion
11 of the subgrade soil to a depth SF 203500 1-09 221,815.00 of 22.5", Rough Grade,
Stabilize, Fine Grade,
Microcracking, Moist Cure.
Full Depth Reclamation to
pulverize existing aggregate
base, and a portion of the
12 subgrade soil to a depth of 10", SF 26000 0'80 20’800' 00 Rough Grade, Stabilize, Fine
Grade, Microcracking, Moist
Cure
45,000.00
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BASEBID- HEMETAUTO CENTERPAVEMENT REHABILITATIONPROJECT, CIP No. 5761 ITEM
No
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21 DESCRIPTION
Portland Cement (6% Min
Stabilizing agent for FDR
roadbed)
MixDesign
Crack sealing & SlurrvSeal
Smooth Pavement Joint
Transition
Remove and Reconstruct
Existing Cross Gutter
Remove and Reconstruct
Existing Stamped Concrete
UtilitvPotholing
Field Orders
Signing & Striping
UNIT
TON
LS
SF
LF
SF
SF
L8
L8
LS
ESTIMATED
QUANTITY
1293
30800
36 1300
26000
1 5
1 E D
UN” “7,
355 PRICE AMOUNT
249-12 322,112.16
8,819.55 8,81955
0.87 26,796.00
57.31 2,063.16
22-61 29,393.00
19.81 515,060.00
20,042.06 20,042.06
$2,000 $10,000
15,577.40 15,577.40
2,420,044.48 TOTAL BASEBID(numbers)
*********************‘k************** END oF BAS E BID ITEMS 'k**H******************************* ALTERNATE BID ITEMS AS FOLLOWS:
ITEM
No
A1
A2
A3
DESCRIPTIONOF ITEMS
Remove and Deduct Base Bid
Item # 12
Remove and Deduct Base Bid
Item # 18
Add Remove Existing Stamped
Concrete
UNIT
SF
SF
SF
ESTIMATED
QUANTITY
-26000
—26000
26000
UNIT
EXTENDE
D
PRICE
ITEM
AMOUNT
1.20 -31,200.00
19.58 609,080.00
47,840.00
15.Q
Two Million. Four Hundredand Twenty Thousand. Forty Four Dollars and Dollars
STREETREHABILITATIONPROJECT
CIP No. 5761
ITEM
No
DESCRIPTIONOF ITEMS
A4 Add Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion of
the subgrade soil to a depth of
22.5", Rough Grade, Stabilize,
Fine Grade, Microcracking, Moist
Cure.
A5 Add Portland Cement (6% Min
Stabilizing agent for FDR
roadbed)
A6 Add Hot MixAsphalt
TON
TON
BIDDER'SPROPOSAL (cont’d)
ESTIMATED
QUANTITY
26000
165
750
TOTAL BIDALTERNATE(numbers)
UNIT
EXTENDED
PRICE
ITEM
AMOUNT
0.76 19,760.00
249_13 41,106.45
137-46 103.095.00
328,478.55
******************* END oF ALTERNATE BID ITEMS **********~k**************** BASEBIDTOTAL (in words)
Forty Eight Cents.
Contractor's Initials
ALTERNATEBID ITEMSTOTAL (in words)
Three Hundred and Twentv Eight Thousand Dollars. Four Hundred and Seventy Eight and Fi?y Five Cents
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. lfthe bid isillegible and cannot be reconciled it will be considered non—responsive and will not be considered for award.
If an 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 Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.
Regardless of whether the additive/deductiveor alternates bid items will be considered i n
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
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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. Ifonly one responsive bid is received from a responsible bidderthe 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 ofthe 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 o f 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 familiarwith 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.
Complete the following
VANCE CORPORATION, 1000008103, 414567 A. C31
Legal name of the business, DIRReg. and Contractor License Nos
CORPORATION
Business Type (Corporation, Partnership, Sole Proprietor) N/A
15.Q
WW
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont’d)
DBA(ifany)
DEREKRITARITA,PRESIDENT
Name and title of the owner
CHRISTIAN PEACOCK, SECRETARY/TREASURER
Name and title of second partner or of?cer
459 EGANAVENUEPO. BOX575 BEAUMONT,CA92223
Business Address
(909)355-4333
Telephone number
(909)355-4329
Facsimile number
CODYERAUTI',[email protected]
Name and Emailaddress of primary contact
N/A
Company web address
06/18/2024 06/18/2024
Signature of Bidder Date Signature of Bidder Date
DEREKRITARITA,PRESIDENT CHRISTIAN PEACOCK, SECRETARY/
TREASURER Print name and title Print name and title
(If the Bidder is a corporation two signatures ofcorporate o?‘icersare required.)
15.Q
/ 4 l
—
,{AI "‘77/, 1’ 06/18/2024 ‘ Bldd‘er
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(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 A, C31 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. Bearsthe license number(s): 414557
b. Expires on 11-30-2025
06/18/2024
Signature of Date Signature of Bidder Date
DEREKRITARITA,PRESIDENT CHRISTIAN PEACOCK, SECRETARY/
TREASURER Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate o?‘icersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re—evaluatethe 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.
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont’d)
BIDSECURITYFORM FOR CHECK
NOTE: THE FOLLOWINGFORM SHALLBEUSEDIN THECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier’sCheck payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars (5 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. Ifsaid Bidshall 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 shallfurnish 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 an bidd
06/18/2024 06/18/2024
Signature of Bidder Date Signature of Bidder Date
DEREKRITARITA,PRESIDENT CHRISTIAN PEACOCK, SECRETARY/
Print name and title Print name and title TREASURER
(Ifthe Bidder is a corporation, two signatures ofcorporate o?‘icersare required.)
15.Q
perce
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESEPRESENTS
That the undersigned
Vance Corporation
(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 oleM? Amount In Wordsl not to exceed ten nt (10%) of the total bid amount ------- Dollars ($ 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.
Street Rehabilitation Project, CIP No. 5761
WHEREAS,said Principal is submitting a Bidfor [PROJECTNAMEANDDESCRIPTION] THE CONDITIONOF THIS OBLIGATIONIS 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 30th day of April 2024.
(Month)
Vance o n
(Corporate Seal) By
Principal
By Old Republic Surety Company
Surety
(Corporate Seal) By
Jul B ttorney—In-Fact
Rev. 0
February 2020
15.Q
M }
EDatt!
W
6Here Nage aidTitle Of?tr
M f“—
4. to be the persoanhose nam§(§)is/a‘e subscri
e/s?e/they executed the same in higheakheir
authorized capacity' 5), and that b his/Wk signaturejafbnthe instrument the personés)? or the entity upon behalf of whlc the persona
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor otherofficercompleting this certificateverifiesonlythe identity ofthe individualwhosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State of Californ
County of
On before me,
personally appeared
who proved to me on the basis of satisfactory evidence
Insert of the
Name(s) of Signer(s)
bed
to the within instrument and acknowledged to me that h
acted, executed the instrument.
RACHELE‘..ZA5E‘-"-=A“NE Notary Public - Calwor-iia
Riverside County
Commission = 2462358 Can-1'.Ele'es Sec 9. 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTYOF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my han official seal
Sig natu re 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:
El Corporate Officer — Title(s):
1:] Partner — I:I Limited General
El Individual El Attorney in Fact
E] Trustee El Guardian or Conservator
El Other:
Signer is Representing:
@2019 National Notary Association
NumberofPages:
Signer’s Name:
El Corporate Officer — Title(s):
El Partner— El Limited D General
El Individual III Attorney in Fact
El Trustee El Guardianor Conservator
El Other:
Signer is Representing:
15.Q
N9; '5410
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certi?cate of Authority
Tms Is '10 Cum, That, pursuant to the Insurance Codeofthe State ofCalifornia, Old Republic Surety Company
of Brookfield, Wisconsin , organizedunderthe
laws of Wiscons in ,subiectto its ArticlesofIncorporation or other fundamental organizationaldocuments, is hereby authorizedto transact within this State, subject to all provisions ofthis Certi?cate,the following classesofinsurance:
SURETY, LIABILITY and MISCELLANEOUS
assuch classesare now or may hereafterbe definedin the Insurance Laws ofthe State ofCalifornia.
Tms CERTIFICATEis expresslyconditionedupon the holder hereofnow and hereafterbeing in fullcompliancewith all, and not in violationofany, ofthe applicablelaws and lawfulrequirements madeunder authority ofthe lawsofthe State ofCaliforniaas long as such laws or requirements are in e?ectand applicable,and as such laws and requirements now are, or may hereafterbe changed or amended.
IN WITNESSWHEREOF,e?ectioeas ofthe_1£1LCh___day
af___2$_c_tiber___, 19 90 , I have hereunto set
my hand and causedmy o?icialseal to be a?ixedthis?iday of December 19 90 By
Quali?cationwith the Secretary of State must be accomplishedas required by the California Code promptly after issuance of this Certi?cate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certi?cate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
I 64651
.4_.I___-' Page 21 of 218 _—r-_;
15.Q
0 *DRP BL URE OMPA
Asus?m Secrem‘r
EU ICS TYC NY
*
‘k
*1k
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLICSURETY COMPANY.a \Msconsin stock insurance corporation, does make, constitute and appoint:
Julia B. Bales, Kenneth A. Coate, Renae N. Balderas, Andrea Paris of Riverside, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and af?x the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature;thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, orblack lung bonds), as follows:
ALLWRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are rati?ed and con?rmed.
This appointment is made under and by authority ofthe board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as de?ned or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and af?x the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said of?cers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized of?cer and the seal of the company may be af?xed by facsimile to any Power of Attorney or certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually af?xed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper of?cer, and its corporate sealto be af?xed this 26th day of N &_
OLD REPUBLICSURETY COMPANY
rant President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - 38
On this 26th day of Jan 2023 personally came before me, “a" paw"- and Karen J Haffner , to me known to be the individuals and of?cers of the OLD REPUBLICSURETY COMPANY ____________— who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said of?cers of the corporation aforesaid, and that the seal af?xed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such of?cers were duly af?xed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Notary Public My Commission Expires: September 98 7026
CERTIFICATE (Expiration of notary's commissiondoes not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLICSURETY COMPANY, a V\?sconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
coupon":
.
74 4030 3 SEAL Signed and‘seeled at the City of Brook?eld, WI this__30_-|1_day of Ap“I 2024 0 rant
at: ORSC 22262 (3-06)
Inland Surety Bons & Ins Serv
15.Q
Stephan
STEPHANIED. Fl
COMM.#2365
m M!15.
i
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicorother officercompletingthiscertificateverifiesonlythe identityofthe individualwhosignedthe document to whichthis certificateis attached, and notthe truthfulness, accuracy,or validityof that document.
State of California
Riverside }
APR3 0 2024
Date
County of
On before me,
personally appeared
ie D. Fisher. Notarv Public
Here Insert Name and Title of the Of?cer
Julia B. Bales
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personés) whose nameisHs/are— to the within instrument and acknowledged to me that he/she/they executed the same subscribed in his/her/their— authorized capacity?es-l, and that by his/herltheir- 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 PERJURYunder the
laws of the State of California that the foregoing SHER 783 paragraph is true and correct.
NOTARYPUBLIC— CALIFORNIA
RWERSIDE COUNTY WITNESS my hand and l seal
Comm.Expires 2025
Signature
Place Notary Seal and/or Stamp Above Public
OPTIONAL
Completing this information can deter alteration of the 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:
El Corporate Officer — Title(s):
III Partner— El Limited III General
El Individual El Attorney in Fact
I:I Trustee El Guardian or Conservator
El Other:
Signer is Representing:
©2019 National Notary Association
Signer's Name:
I] Corporate Officer — Title(s):
El Partner— El Limited C! General
I] Individual El Attorney in Fact
I:I Trustee El Guardianor Conservator
D Other:
Signer is Representing
15.Q
Signatu
STREETREHABILITATIONPROJECT
ClP No. 5761 BIDDER'SPROPOSAL(cont’d)
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON—COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
VANCE
I am the PRFQIDFNT of CORPORATION 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 06/18/2024 [date], at BEAUMONT [city], CA [state].
Signature of Bidder Date re of Bidder Date
DEREKRITARITA,PRESIDENT CHRISTIAN PEACOCK, SECRETARY/
TREASURER Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures of corporate officersare required.)
15.Q
Christian Peacock
he person‘s}whose namexst’is/am
subscribed to the within instrument and acknowledged to me that hyshdthey executed the same in his/herltheir authorized capacityliegiand that b his/hen‘theirsignatu 951'on the Instrument the person‘s}, or the entity upon behalf of which the personisiacted, executed the
RACNELELIUIEMPAYNE
unury Publl: - umumt.
Emma. Emmy mmllll?n 1 2mm
5-99. inn
ment: r “UMFOLLUE‘WQ
‘ not mam)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certi?cate veri?es only the identity of the individualwho signed the document to whichthis certificateis attached, and not the truthfulness, accuracy, or validityof that document.
State of California )
County of Riverside )
0n before me, Rachel E. Pavne, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be t r
instrument.
I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and
hand and
Comm.Exoim
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 Docu
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:
©2016 NationalNotary Association- www.NationalNotary.org- 1-800-USNOTARY(1-800-876-6827) Item#5907
15.Q
Ritarita
NametsLaLstgaeds—\
who proved to me on the basis of satisfactory evidence to be the personésf whose nemeSfis/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/hemheirauthorlzed capacity?eéj, and that by his/hemheir signature?)’on the instrument the person(sa,’ or the entity upon behalf of which the person( 'acted, executed the instrument‘ CALIFORN A ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certi?cate veri?es only the identity of the individualwho signed the document to whichthis certificate is attached.and not the truthfulness, accuracy, or validityofthat document.
State of California
County of Riverside
On before me, Rachel E Pavne. Notarv Public
Date Here Insert Name and Title of the Of?cer
personally appeared Derek
I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS
RACHELELIZABETHPAYNE
Notary Public - California
Riverside County
Comminion If 2462358
Comm.Expires 9, 2027
of 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 Above:
Capacityiies) 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 Consen/ator Other: Other:
Signer ls Representing Signer Is Representing:
@2016 NationalNotaryAssociation- www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
15.Q
STREETREHABILITATIONPROJECT
CIP NO.5761 BIDDER'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 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: *SEEATTACHED
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)
A1—11
15.Q
East Main Street Evan Hewes Hwy Rehabilitation Project CRSAL—5169(057) Owner: City of El Centro
Address: 1275 Main Street El Centro, CA
Contact: Felix De Leon Jr. (760)337-5182
Type of Work: Grinding of existing asphalt concrete pavement, installationof asphalt-rubber and aggregate membrane, gap graded base, monument preservation,utility cover adjustments Contract Duration: 45 Calendar Days
Contract Price: $1,918,840.00
Completion: April 2024
KoalaRoad Repaving Project CIP2023-04
Owner: City of Adelanto
Address: 11600 Air Expressway, Adelanto, CA 92301
Contact: Richard Burgess Phone: (760) 246-2300 ext. 11146 Type of Work: Asphalt and base pulverizing, aggregate base, subgrade, asphalt concrete base pavement, asphalt grinding and rubberized asphalt concrete pavement overlay Contract Duration: 60 Calendar Days
Contract Price: $888,888.88
Completion: March 2024
2022-23 CDBG — Old Mira Loma Pavement Rehabilitation — Ph. 2 Owner: City of Jurupa Valley
Address: 8930 Limonite Avenue, Jurupa Valley, CA 92509
Contact: Youssef Baskaron Phone: (951) 332-6464 ext. 144 Type of Work: Rehabilitation of AC pavement, grind and overlay or removal and replacement of existing AC pavement on the streets
Contract Duration: 70 Working Days
Contract Price: $2,432,850.00
Completion:
Van Buren Boulevard Pavement Rehabilitation — Ph.3
Owner: City of Jurupa Valley
Address: 8930 Limonite Avenue, Jurupa Valley, CA 92509
Contact: Youssef Baskaron Phone: (951) 332—6464ext. 144 Type of Work: grinding existing AC pavement, removal of pavement, cold-in—placerecycling, asphalt overlay, replacing existing guardrail, and installing signing, striping, markings and raised pavement markers.
Contract Duration: 40 Working Days
Contract Price: $2,242,360.00
Completion:
15.Q
FY 2022-23 Residential Street Rehabilitation Project
Owner: City of West Covina
Address: 1444 W Garvey Ave S. 215, West Covina, CA 91790 ontact: Okan Dimicri Phone: (714) 319-6137
Type of Work: AC cold mill, AC overlay, pavement, crack seal, slurry ontract Duration: 40 working days
Contract Price: $2,958,945.00
Completion:
2022-2023 Resurfacing Project, Residential Resurfacing Phase II; P-10403 Owner: City of Irwindale
Address: 5050 N. Irwindale Avenue, Irwindale, CA 91706
ontact: Fabian Aoun, P.E. Phone: (951) 743-5208
Type of Work: Cold mill, AC overlay, utilities adjusting, striping, markers and loop detectors.
Contract Duration: 40 working days
ontract Price: $ 394,774.10
ompletion:
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STREETREHABILITATIONPROJECT
CIP NO. 5761 BIDDER'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
CASELAND SURVEYING SURVEY & 0.61% L5411 1000001533
INC.
EBS UTILITIES JTILITY ADJUST & 128% 932798 A
1000004286
ADJUSTING, INC.
PCI SIGNING AND STRIPING 415490 1000813536
0.75%
MISSION PAVING 0 AND SEALING,
SLURRY SEAL & 094%) 624257 1000002697
INC.
PAVEMENT RECYCLING PULVERIZING & 22.42% 569352 1000003363 SYSTEMS, INC.
UNIVERSAL PCC CONSTRUCTION 1019619 1000534892
CONSTRUCTION & & 23.31%
ENGINEERING
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ-I
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont’d)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBID
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
Bymy signature hereunder, as the Contractor, I certify that I am aware ofthe Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self—insurancein 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 COMPLIANCEWITHPUBLICWORKS 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
Bymy signature hereunder, as the Contractor, Icertify 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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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, Iswear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications." If a statement of ”Previous Disqualifications”is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid,the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.
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 Divisio n
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.
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APPEND X 1
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the Street Rehabilitation Project, CIP No. 5761, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.
The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/oruse tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency will not be responsible 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) 1-PLANETBIDS
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 Hemet Auto Center Pavement Rehabilitation Project, CIP No. 5761 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 2021 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.
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont’d)
BID SCHEDULE
BASE BID — HEMETAUTO CENTER PAVEMENT REHABILITATIONPROJECT, CIP No. 5761
ITEM ESTIMATED UNIT
EXTENDE
D DESCRIPTION UNIT ITEM
No QUANTITY PRICE AMOUNT
1 Mobilization (not to exceed 5%) L8 1
2 Traf?c and Pedestrian Control L8 1
3 Temporary Construction Project
Identi?cation Sign EA 2
4 Water Quality Control L8 1
Adjust Ex. Manhole to New F.S
5 per Owner Agency Std. &
Specs. EA 22
Adjust Ex. Valve Can/Lid and to
6 New F.S. & Paint per Owner
Aqencv Std. & Specs. EA 63
7 Relocate Existinq Sign & Pole EA 2
3 Remove and Replace Exist ADA
Ramp per Citv Std. EA 2
9 Hot MixAsphalt TON 5800
Unclassi?ed Excavation
10 (Remove Pulverized Material to
accommodate new asphalt
overlay) SF 203500
Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion
11 of the subgrade soil to a depth SF 203500
of 22.5", Rough Grade,
Stabilize, Fine Grade,
Microcrackinq, Moist Cure.
Full Depth Reclamation to
pulverize existing aggregate
base, and a portion of the
12 subgrade soil to a depth of10", SF 26000
Rough Grade, Stabilize, Fine
Grade, Microcracking, Moist
Cure
39/000
258,041
3,050
30/000
1,790
300
\Z,600
IH
35/000
252, 024\
@001)
30,000
26,400
52440
L600
2‘4,000
013,200
7,0 3,
920
145,075
$6,500
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STREETREHABILITATIONPROJECT
CIP N0. 5761 BIDDER'SPROPOSAL (cont'd)
BASEBID- HEMETAUTO CENTERPAVEMENT REHABILITATION PROJECT, CIP No. 5761 ITEM
No
13 14
15 16
17 18
19 20
21 ALTERNATE BID ITEMS AS FOLLOWS:
ITEM
No
A1
A2
A3
DESCRIPTION
Portland Cement (6% Min
Stabilizing agent for FDR
roadbed)
Mix Design
Crack sealing & Slurrv Seal
Smooth Pavement Joint
Transition
Remove and Reconstruct
Existing Cross Gutter
Remove and Reconstruct
Existing Stamped Concrete
UtilitvPotholinq
Field Orders
Signing & Striping
ESTIMATED UNIT
UNIT QUANTITY PRICE
TON 1293
LS 1
SF 30800
LF 36
SF 1300
SF 26000
LS 1
L8 5 $2,000
LS 1
TOTAL BASEBID(numbers)
END OF BASE BID ITEMS
DESCRIPTIONOF ITEMS
Remove and Deduct Base Bid
Item # 12
Remove and Deduct Base Bid
Item # 18
Add Remove Existing Stamped
Concrete
ESTIMATED UNIT
UN"
QUANTHY PMCE
SF —2eooo
SF —2sooo
SF 26000
EXTENDE
D ITEM
AMOUNT
$10,000
EXTENDE
D ITEM
AMOUNT
3/000 2,000
LZ; 3 8,500
20 7 30
L‘Z 5"},600
I‘{ (4114,00?
)
21,000
tOIODO
2,591,
000
l «’21va000
M — mmr050
“(0,500
15.Q
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STREETREHABILITATIONPROJECT
CIP NO. 5761 BIDDER'SPROPOSAL(cont’d)
EXTENDED ESTIMATED NIT ”'3' DESCRIPTIONOF ITEMS UNIT '3qu ITEM
QUANTITY AMOUNT
A4 Add Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion of
the subgrade soil to a depth of 5|: 26000
22.5", Rough Grade, Stabilize,
Fine Grade, Microcracking, Moist
Cure.
A5 Add Portland Cement (6% Min
Stabilizing agent for FDR TON 165
roadbed)
A6 Add Hot MixAsphalt TON 750
TOTALBIDALTERNATE(numbers)
******************* END OF ALTERNATE BID ITEMS
BASEBIDTOTAL (in words)
Contractor's Initials
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. lfthe bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.
If an alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis Ofthe base bid schedule(s) only unless otherwise Specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this Specific issue.
Regardless Of whether the additive/deductiveor alternates bid items will be considered i n 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 ALTERNATEBID ITEMSTOTAL (in words)
ALKqVNL $1XH
26,000
7.12 57, 620
In 23/250
—7_62,630
hn/O m'|\\'xor‘ Q'wx, \Aunémé cmé e'nqlalvy (WM,
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15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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.
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 Bid may be rejected.
Complete the following
ONYX PAVING COMPANY INF.
Legal name of the business, DIR Reg. and Contractor License Nos.
CORPORATION
Business Type (Corporation, Partnership, Sole Proprietor) N/A
15.Q
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STREETREHABILITATIONPROJECT
CIP N0. 5761 BIDDER'SPROPOSAL(cont’d)
DBA(if any)
COREY R. KIRSCHNER - CEO. FS. VP. SEC. TREA.
Name and title of the owner
COREY R. KIRSCHNER - CEO_ PRFS \IP SFC TRFA.
Name and title of second partner or officer
2890 E. LA CRESTA AVE. ANAHEIM CA 92806
Business Address
714-632-6699
Telephone number
N/A
Facsimile number
COREY R. KIRSCHNER - BI ONYXPAVING.NET
Name and Emailaddress of primary contact
WWW.ONYXPAVINGCO.COM
Company web address
6/14/2024 6/1 (1/9094
Sig ure of Bidder Date Signature of Bidder Date
COREY R. KIRSCHNER - COREY R. KIRSCHNER - CEO. PRES.VP. SEC. TREA. CEO. PRESVP. SEC. A Print name and title Print name and title
(Ifthe Bidderis a corporation two signatures ofcorporate o?‘icersare required.)
15.Q
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.
(WW!zuvccawmmmxmm‘ccmwxx'wvvvxxvx¢wccw; axxw~ mm
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 June 14_ 2024 before me, | nglig Rnnhn Nntarv Pllhlin Date Here Insert Name and Title of the Of?cer
personally appeared
of
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(& is/ subscribed to the within instrument and acknowledged to me that he/lee/they executed the sameaNein his/her/tbeir authorized capacityfies), and that by his/hier/their signature(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.
LESLIEROG-LA WITNESS my hand and official seal.
NotaryPublic- California
Or
50W“ 9‘9 Signature
cmm‘ mm M 19’2028 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 National Notary Association - www.NationalNotary.org - 1-800—USNOTARY(1-800—876—6827)Item #5907
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (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 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 Iicense(s) which:
a. Bears the license number(s) 630360; A, 012
b. Expires on 10/31/2025
6/14/2024 6/14/2024
5 ure of Bidder Date Signature of Bidder Date
COREY R. KIRSCHNER - COREY R. KIRSCHNER - WQETBEAi, CEO. PRES.VP. SEC. TREA.
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate ojj‘icersare required.) This required license determination has been made by the Agency. Any Contractor holding a l 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.
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont'd)
N/A
BID SECURITYFORM FORCHECK
NOTE: THE FOLLOWINGFORM 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 (5 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. lfsaid Bidshall 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 Bidderis a corporation, two signatures ofcorporate o?‘icersare required.)
15.Q
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESEPRESENTS
That the undersigned
Onyx Paving Companv. 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 (D_ol? Amount In Ten Percent of the Total Amount Bid
Dollars -— 10% — l 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 Principal is submitting a Bidfor Hemet Auto MallStreet Rehabilitation Project, Capital Improvement Project No. 5761
THE CONDITION OF THIS OBLIGATIONIS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shallwithin 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 14th day of June 2024.
(Month)
Onyx Paving Company, Inc.
(Corporate Seal) By
SiriusPoint America I Comoanv
Surety
(Corporate Seal) By
15.Q
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LESLIEROOM
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Ay (mum. Expiresluv 19, 2025
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‘anWWWWWWWWQWWchHW‘Wmqumtwmw
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 which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of Orange
On June 14. 2024 before me, i eslie Rocha “Mam Pllh'i" Date Here Insert Name and Title of the Of?cer personally appeared
of
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that he/sHe/they executed the same in his/her/tbeir authorized capacity(ies), and that by his/hnr/their signature(8) 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 Is Representing Signer Is Representing:
@2014 National NotaryAssociation - www.Nationa|Notary.org - 1-800-US NOTARY(1—800-876-6827) Item #5907
15.Q
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CALIFORNIA ALL—PURPOSEACKNOWLEDGEMENT
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 Orange
On JUN14 2024 before me, Albert Melendez . Notarv Public. personally appeared Christina Rogers
who proved to me on the basis of satisfactory evidence to be the person(x) whose nameOs) is/aXe subscribed to the within instrument and acknowledged to me that he/she/tlrey executed the same in his/her/tlkir authorized capacity(ixs), and that by bis/her/thPeirsignature(so 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 State of California that the foregoing paragraph is true and correct.
WITNESS my hand and of?cial seal
SIGNA
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above
15.Q
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By: Mdisl Illlph
TNAEJAE LEWIS-SCOTT
NOTARY
STATEOF NEW JERSEV
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WIN: W1
PERTAM01 0823
POWER OF ATTORNEY
SIRIUSPOINT AMERICA INSURANCE COMPANY
NEW YORK
KNOW ALL MEN BYTHESE PRESENTS: That SiriusPointAmericaInsuranceCompany, a New York corporation, having its principal of?ce in the City ofNew York, pursuant to the following Resolution, which was adoptedby the Board of Directors of the Company, to wit:
RESOLVED, that the President,SeniorVice President,Chief FinancialOf?cer,Secretary or AssistantSecretary is herebyauthorizedto execute Powers of Attorney appointing as attomeys-in-fact selected employees of certain surely companieswho shall have the power forand on behalf ofthe Company to execute and affrx the seal ofthe Company to surety contracts as co-surety. Does hereby nominate, constituteand appoint: Albert Melendez, Christina Rogers, Erik Johansson, Jennifer Anaya, Joaquin Perez, Melissa Lopez Its ?ne and lawful attomey-in-fact, to make, execute, seal and deliver for and on itsbehalf, and as its act anddeed; any and all bonds, contracts, agreeman ofindemnity, and other undenakings in surelyship (NOT INCLUDING bonds without a ?xed penalty or ?nancial guarantee bonds) andto bindtheCompany thereby as ?rlly and to the same extent as if same were signed by the duly authorized of?cers of the Company, provided, however, that the penal sum of any one such instrument executed hereundershall not exceed the sum of:
$50,000,000 single bond limit
All acts of said attomeys-in-facl pursuant to the authorities herein given are hereby rati?ed and con?rmed. The executiveof?cers listed above in the Resolutionmay from time to time and at any time remove any such appointee and revoke the power given to him or her.
The execution of such bonds or undertakingsin pursuance of these presmts, within one year ofthe date of issue ofthese presents, shall be binding upon said Company, as fully andamply, to all intents andpurposes, as if they had been duly executed and acknowledged by the regularly electedof?cers of the Company at its of?ce in New York, New York, in lheirown proper pasons IN WITNESS \YHEREOF, Siriusl’oint America Insurance Company has caused its corporate seal to be hereunto af?xed, and these presents to be signed by its Secretary this 17th day ofAugust in the year 2023. SiriusPointAmerica Company Secretary
State of New Jersey )
) ss. County ofMonmouth )
On this l7‘"day of August 2023, before me, a Notary Public of the State of New Jersey in and for the County of Monmouth duly commissioned and quali?ed, came Melissa I. Ralph, Secretary, of SiriusPoinl America Insurance Company, to me personally known to be the individualand of?cer describedin, and who executed the preceding instrument, and acknowledged the execution of the same, and, being by me duly swom, deposethand saith, that she is the o?icer ofthe Company aforesaid, and that the seal af?xed to the preceding instnrmentas the corporate seal of said Company, and the said corporate seal and her signature as of?cer were duly af?xed and subscribed to the said instrument by the authority and direction of the said Company, referred to in the preceding insu'umenl, is now in force.
IN TESTIMONY WHEREOF, I have herarnto set my hand and af?xed my o?icial seal.
Lew-u. chant?
State of New Jersey
County of Monmouth
I, Melissa J. Ralph,Secretary, ofSiriusPoint America InsuranceCompany, a New York corporation, do hereby cenify that the above and foregoing is a full, true correct copy ofPower of Attorney, is still in force and effect and has not been revoked. rrvwrmrzss “'HEREOF, [have hereuntoset my hand andaf?xed the scarofsaid Company this 14th day of ,June, 2024.
SEAL
PUBLIC
1,20%
15.Q
'QAPPLIED ‘ ?
[email protected]‘gm
SURETY
UNDERWRITERS
10805 Old Mill Road
Omaha, NE68154
September 6, 2023
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:
The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal”). and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be af?xed to any authorized Surety bond approved by Applied Surety Unden/vriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy ofthis Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery ofthis notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature.
If you require further veri?cation you may email our Home Of?ce UndenNriting Center at InWitness Whereof, this has been executed bythe President, Applied Surety Underwn'tersfor Siriuspoint America Insurance Company.
Thank you for your continued business
Sincerely,
Joshua C. Betz
President, Applied Surety Underwriters
15.Q
Siéture
STREETREHABILITATIONPROJECT
ClP No. 5761 BIDDER'SPROPOSAL (cont’d)
NON-COLLUSION AFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
ONYX PAVING COMPANY, INC
I am the CEO, PRES, VP, SEC, TREA. of the party making the foregoing bid
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/14/2024 date], at ANAHEIM [city], CA [state]
6/‘I4/2024 6/14/2024
of Bidder Date Date
COREY R. KIRSCHNER - CEO. PRES,VP, SEC, TBEA.”
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate o?icersare required.) Signature of Bidder
COREY R. KIRSCHNER -
15.Q
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Corev R. Kirschner
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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 which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California )
County of Orange )
On June 14_ 2024 before me, I Aglin Rnnhn Nntnrv Plihlir‘.
Date Here Insert Name and Title of the Of?cer
personally appeared
of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/axe subscribed to the within instrument and acknowledged to me that he/sPIe/they executed the same in his/her/tbeir authorized capacity(ies), and that by his/hzr/their signature($) on the instrument the person(3), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature
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 NationalNotary Association - www.NationalNotary.org - 1-800-US NOTARY(1—800-876—6827)Item #5907
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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 his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer willmake 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 CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22
contract Price: $1,314,878.59 Date of CompIetion NOV 2022 Name, Address, and Telephone Number of Owner's Representative SCOTT FISHER 760—814—7226
CITYOF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 Project Name: 22-23 ANNUALASPHALT CONCRETE OVERLAY PROJECT Contract Price: $5,998,000 Date of Completion MAR7-024
Name, Address, and Telephone Number of Owner's Representative CHUCK STAGNER 714-925-4628
CITY OF EASTVALE — 12363 LIMONITEAVE #910, EASTVALE.CA 91752 project Name; 21-22 PAVEMENT REHABILITATION PROJECT
Contract Price: $4.031.000 Date of Completion MAY2023
Name, Address, and Telephone Number of Owner's Representative:
ALICAYIR 714-883-8677
CITY OF TEMPLE CITY — 9701 E LAS TUNAS DR TEMPLE CITY CA 91780 (Attach additional pages as necessary)
15.Q
magi-65$
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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.)
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15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont'd)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBID
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 lam 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 COMPLIANCE WITH 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 willbe 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 nondiscrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.
15.Q
798
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont'd)
CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, Iswear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications.” If a statement of ”Previous Disqualifications" is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid,the Contract will include funds sufficient to allow the Contractorto 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] 1000004 Subcontractors’ registration numbers are as indicated in Document 00 4314.
15.Q
REFERENCES
PROJECT NAME: CITYWIDEASPHALTREPAIRSPROJECTFY21/22
PROJECT DESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES: FEB2022 - NOV 2022
CONSULTING COMPANY: CITYOF DANA POINT—33282 GOLDENLANTERN,DANAPOINT, CA 92629 CONTACT PERSON: SCO'ITFISHER760—814—7226
ORIGINALCONTRACTAMOUNT: $1,595,000.00
FINALCONTRACTAMOUNT: $1,314,878.59
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROM BIDSCHEDUL
QUANTITIES E
DID THEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECT NAME: 22-23 ANNUALASPHALTCONCRETEOVERLAYPROJECT PROJECT DESCRIPTION:CITYWIDESTREETIMPROVEMENT
APPROXIMATE CONSTRUCTIONDATES: SEP 2023- MAR2024
AGENCY: CITYOF EASTVALE— 12363 LIMONITEAVE#910, EASTVALE,CA91752 CONTACT PERSON: CHUCKSTAGNER714-925—4628
ORIGINALCONTRACTAMOUNT: $5,858,000
FINALCONTRACTAMOUNT: $5,998,000
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:CHANGEORDERWORKFORADDITIONALSCOPE OUTSIDEOF PROJECTLIMITS.
DID THE AGENCYFILEANY CLAIMSAGAINSTYOU? NO
PROJECT NAME: 2021—2022PAVEMENTREHABILITATIONPROJECT
PROJECT DESCRIPTION:VARIOUSPAVEMENT REHABILITATION& CONCRETEIMPROVEMENTS APPROXIMATE CONSTRUCTIONDATES: NOV 2022 — MARCH 2023
AGENCY: CITYOF ARCADIA-240 W. HUNTINGTONDR,ARCADIA,CA91007 CONTACT PERSON:JAN BALANAY626-254-2726
ORIGINAL CONTRACTAMOUNT: $1,727,000.00
FINALCONTRACTAMOUNT: $1,899,698.72
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:CHANGEORDERWORK FORADDITIONALSCOPE OUTSIDEOF PROJECTLIMITS.
DIDTHEAGENCY FILEANYCLAIMSAGAINST YOU? NO
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM, CA92806 —TEL(714) 632—6699 — FAX(714) 632—1883
15.Q
PROJECTNAME: 21—22PAVEMENTREHABILITATIONPROJECI'
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES: NOV 2022- MAY2023
AGENCY:CITYOF TEMPLECITY- 9701 E LASTUNAS DR,TEMPLECITY,CA91780 CONTACTPERSON: ALICAYIR714-883-8677
ORIGINALCONTRACTAMOUNT: $3,727,000
FINALCONTRACTAMOUNT: $4,031,000
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:CHANGEORDERWORKFORADDITIONALSCOPE OUTSIDEOF PROJECTLIMITS.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME: 23-24 SLURRYSEALAT VARIOUS LOCATIONS
PROJECTDESCRIPTION:CITYWIDEASPHALTREPAIRS& SLURRY
APPROXIMATE CONSTRUCTIONDATES:JAN 2024 - APRIL2024
AGENCY:CITYOF MONTEREYPARK—320WEST NEWMARKAVE MONTEREYPARK,CA91754 CONTACTPERSON: ZIADMAZBOUDI626-532-2018
ORIGINALCONTRACTAMOUNT: $1,400,000
FINALCONTRACTAMOUNT: $1,269,000
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:ACTUALBID QUATITIESLESSTHANORIGINALBI QUANTITY. D
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME: 22—23581 PAVEMENTREHABILITATIONPROJECT
PROJECTDESCRIPTION:VARIOUSSTREETFULLDEPTHRECONSTRUCTION APPROXIMATE CONSTRUCTIONDATES:JAN 2024 - MAY 2024
AGENCY:CITYOF HEMET- 445 E FLORIDAAVENUE HEMET,CA92543
CONTACT PERSON:JILLEENFERRIS951-765—2360
ORIGINALCONTRACTAMOUNT: $2,020,000
FINALCONTRACTAMOUNT: $2,528,000
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:CHANGEORDERWORKFORADDITIONALSCOPE OUTSIDEOF PROJECTLIMITS.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
ONYX PAVING COMPANY, INC.
2890 EAST LACRESTAAVE, ANAHEIM,CA92806 — TEL(714) 632—6699 — FAX(714) 632-1883
15.Q
PROJECTNAME: PARKS,CIVICCENTER& SHERRIFSTATION PARKINGLOTREHABILITATION PROJECT DESCRIPTION:ASPHALTREMOVAL& REPLACEMENT
APPROXIMATE CONSTRUCTIONDATES: FEB2024 - MAY2024
AGENCY:CITYOF LAWNDALE- 14717 BURINAVE LAWNDALE,CA90260 CONTACT PERSON: NICKPETREVSKI310—973-3265
ORIGINAL CONTRACTAMOUNT: : $486,486
FINALCONTRACTAMOUNT: $601,000
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:CHANGEORDERWORK FORADDITIONALSCOPE OUTSIDEOF PROJECTLIMITS.
DIDTHEAGENCYFILEANYCLAIMSAGAINST YOU? NO
PROJECTNAME: RESIDENTIALSTREETPAVEMENT REHABILITATIONPROJECT,AREA8 PROJECTDESCRIPTION:STREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES:JULY2022 — OCT2022
AGENCY:CITYOF DOWNEY—11111BROOKSHIREAVE, DOWNEY,CA90241 CONTACT PERSON: BRIANALENAN562-904—7110
ORIGINALCONTRACTAMOUNT: $3,227,000.00
FINALCONTRACTAMOUNT: $3,553,442.43
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROM BIDSCHEDUL
QUANTITIES E
DIDTHEAGENCYFILEANYCLAIMSAGAINST YOU? NO
ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM, CA92806 —TEL(714) 632-6699 — FAX(714) 632-1883
15.Q
LARGEPROJECTREFERENCES
PROJECTNAME: CULVERDRIVEIMPROVEMENTSFROM WALNUTAVENUETO I—5FREEWAY PROJECT DESCRIPTION:STREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES:SEPT2022 — JAN 2023
CONSULTINGCOMPANY: CITYOF IRVINE- 6427 OAKCANYON,IRVINE,CA92618 CONTACT PERSON: FARHADBOLOURCHI949-724-6689
ORIGINALCONTRACTAMOUNT: $1,677,000.00
FINALCONTRACTAMOUNT: $1,704,308.59
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROM BIDSCHEDUL
E QUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINST YOU? NO
PROJECTNAME: PHASING6A - RESIDENTIALSTREETREHABILITATION PROJECT DESCRIPTION:STREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES:
CONSULTINGCOMPANY: CITYOF LAMIRADA— 15515 PHOEBEAVE,LAMIRADA,CA90638 CONTACT PERSON: ERICVILLAGRACIA562-902-2373
ORIGINAL CONTRACTAMOUNT: $4,242,000.00
FINALCONTRACTAMOUNT: $4,524,646.67
IF FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:SCOPESOf WORKCHANGEDBYAGENCY DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME: ROCHESTERAVENUEPAVEMENT REHABILITATION
PROJECTDESCRIPTION:STREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES: MARCH2022—AUG202
AGENCY:CITYOF RANCHOCUCAMONGA- 10500 CIVICCENTERDRIVE,RANCHCUCAMONGA,CA91730 CONTACT PERSON: ROMEO DAVID909-774-4070
ORIGINAL CONTRACTAMOUNT: $1,727,000.00
FINALCONTRACTAMOUNT: $1,714,733.75
|F FINALAMOUNT IS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROM BIDSCHEDUL
QUANTITIES E
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
ONYX PAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM, CA92806 —TEL(714) 632—6699— FAX(714) 632—1883
15.Q
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, 3rdflr
Monterey Park, CA 9174
Ph: 323—269—0020
Fx: 323-263-4576
Contact: Matthew Vawter
GMC Engineering, Inc.
1401 Warner Ave
Tustin, CA92780
Ph: 760-744—133
Fx: 714-247-1041
Contact: Gennady
Lusardi Construction
1570 LindaVista Dr.
San Marcos, CA92064
Ph: 760-744—3133
Fax: 760-744—9064
Contact Scott Staley
REFERENCES
JOBS PFRFORMFD:
Centerpointe
Sycamore Bus. Park
Hillwood Hofer Ranch
Interchange A-E
San Michelle Logistics
Terra Francesco
LOCATION:
Moreno Valley
Riverside
Ontario
San Bernardino
Moreno Valley
Ontario
BP Re?nery Maintenance Shop Carson
Edison
FEDEX— Otay Mesa
Team Nissan
Edge at Campus
Carmax
Seab?dge
Romoland
San Diego
Oxnard
ElSegundo
Oxnard
Oxnard
ONYX PAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM, CA92806 —-TEL(714) 632-6699 - FAX(714) 632—1883 AMOUNT:
$3,187,914.00
$999,708.00
$603,600.00
$1,288,615.00
$670,674.00
$524,216.00
$896,357.00
$1,623,480.00
$1,335,530.00
$669,075.00
$541,385.00
$606,443.00
$329,460.00
15.Q
Haagen Company, LLC
12302 Exposition Blvd
Los Angeles, CA 90064
Ph: 310-820-1200
Fx: 310-820-1225
Contact: Chris Fahey
ARCO National Construction Co.
900 N. Rock HillRd
St. Louis, MO 63119
Ph: 314-963-0715
Fx: 314—963-7114
Contact: Chris Wilson
Grant General Contractors
5051 Avenida Encinas
Carlsbad, CA92008
Ph: 760—438-7500
Fx: 760-438-3056
Contact: Pete Burrows
Scannell FEDEX
Whittier Area Community
Crevier BMW
Empire Polo Club Indio
Church
ONYX PAViNG COMPANY, INC.
Burbank
Whittier
Santa Ana
$1,036,745.00
$1,125,958.00
$625,920.00
$30,600.00
2890 EASTLACRESTAAVE, ANAHEIM, CA92806 — TEL(714) 632-6699 — FAX(714) 632—1883
15.Q
ASPHALTRUBBER HOT MIX REFERENCES:
GENERAL CONTRACTORS: JOBS PERFORMED: I OCATION: AMOUNT:
GMC ENGINEERING,INC Katella Ave. St. lmprov Los Alamitos $120,000.00 1401 Warner Ave, Ste B. Various Projects
Tustin, CA92780
Ph: 714—247-1040
FX:714-247-1041
Contact: Gennady Chizik
R.D OLSONCONSTRUCITON,INC. Lido House Hotel Newport Beach $193,105.00 2955 Main Street, 3rdFloor
Irvine, CA92614
Ph: 949-474-2001
FX:949-474-1534
Contact: Jeremy Dunn
IF YOUHAVEANYQUESTIONS,PLEASEFEELFREETO CONTACTCOREYKIRSCHNERAT714-632-6699 OR VIAEMAILAT [email protected]
ONYX PAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM,CA92806 —TEL(714) 632-6699 — FAX(714) 632-1883
15.Q
ONYXPAVING COMPANY, INC
2890 E. LACRESTAAVE
ANAHEIM,CA92806
PHONE: (714) 632—6699
FAX: (714) 632—1883
PRESIDENT:COREYR. KIRSCHNER
BANK: BANKOF THEWEST
INSURANCEAGENT: WOOD GUTMANN & BOGART
SURETYAGENT:
CREDITREFERENCES:
MATICHCORP.
ALLAMERICAN
KELTERITECORP.
VULCANMATERIALSCO.
CREDITREFERENCES
DATEESTABLISHED 1/4/90
TYPEOF WORK — ASPHALTPAVING
CORP. TAXID.# 33-0394344
CONTRACTORSLIC.# 630360-A
14029 SPRINGWATERLN.EASTVALE,CA 92880
4501 E. LAPALMAAVENUE,ANAHEIM,CA92807
PHONE: (714) 777-9620 BRYANPLOESSEL
15901 REDHILLAVE., STE. 100, TUSTIN, CA92780
PHONE: (714) 824-8384 MICHAELTRAN
TURNERSURETYAND INSURANCEBROKERAGE,INC.
5 HU'I'I'ON CENTRE,STE.730, SANTAANA, CA92707
PHONE: (714) 915-4032 JEREMYPENDERGAST
P.O. BOX10, HIGHLAND,CA92346
PO. BOX2229, CORONA, CA92878
12231 PANGBORNAVE.DOWNEY,CA
16013 E. FOOTHILLBLVD,IRWINDALE,CA91702
GENERALCONTRACTORREFERENCES:
FULLMERCONSTRUCTION
BYROM-DAVEY,INC.
PACIFICCONST. GROUP
ERICKSON—HALLCONST. CO.
1725 S. GROVE AVE., ONTARIO, CA91761
13220 EVENINGCREEKDR. SOUTH#103, SAN DIEGO
17895 SKYPARKCIR., IRVINE,CA 92614
500 CORPORATEDR., ESCONDIDO,CA92069
ONYXPAVING COMPANY, INC.
(909) 382—7400Steve Matich
(951) 736-7600 Cari
(562) 401—0011Gladys
(858) 530-9414 Debbie
(909) 947—9467Casey Jones
(858) 513—7199Steve Davey
(949) 748-1500 Mark Bundy
(760) 796-7700 Justin Sinnott
2890 EASTLACRESTAAVE, ANAHEIM, CA 92806 —TEL(714) 632—6699 — FAX(714) 632-1883
15.Q
RESUME
Corey Kirschner has over 20 years of experience both as an estimator and CEO.Corey is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEO and President of Onyx Paving Company, Inc. Over the short period oftime here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollars in the previous year.
Jay Kirschner, Senior Project Manager, holds a Bachelor’s Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilizations for all projects.
Tyler Henry, Field Superintendent, serves as the core of all field related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing all of our Public Works projects. Overseeing the on-site laborers, cement masons, and operating engineers i s one of his many responsibilities.
BACKLOGALLOCATION:
Corey Kirschner,Jay Kirschner, and Tyler Henry oversee 100% of all current project in attached backlog ONYXPAVING COMPANY, INC.
2890 EASTLACRESTAAVE,ANAHEIM, CA 92806 —TEL(714) 632-6699 — FAX(714) 632-1883
15.Q
Corey Kirschner
Tyler Henm
CEO/President
Senior Project Manager FieldSuperintendent
Key Individual Responsibilities:
- Manage overall operations and resources of company
- Decision maker of corporation
Jackson Hulse
— Lead project management team with organization
— Overseeing overall project scheduling, budgeting, and dispatching on all projects — Main point of communications between company and agencies - Lead and manage on—sitelabors and operators
— Coordinate daily operations and project production
- Ensuring project quality expectations are met
ONYX PAVING COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM,CA92806 — TEL(714) 632-6699 — FAX(714) 632-1883 Corey
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Indus lations
STATE OF CALIFORNIA
Province:
Physical Business State: CA
Physical Business Postal 92806
APPLICATION FOR
U C S C N
Registration Information
Type: Public Works
Period: 07/01/202306/30/2024
Contractor Information
Contractor Name: ONYXPAVING COMPANY,INC.
Trade Name:
License Type Number: 1000004798
Contractor Physical Address
Physical Business Country: United States of America
Physical Business Address: 2890 E. LACRESTAAVENUE
Contractor Mailing Address
Mailing Country: United States of America
Mailing Address: 2890 E. LACRESTAAVENUE
Contact Info
Daytime Phone:
Mobile Phone:
C GS
Physical Business City/ ANAHEIM
Mailing City /Province:
Mailing State:
Mailing Postal Code:
Daytime Phone Ext.:
Business Email:
Applicant’s Email:
Registration Services:: Page 1 of 2
ANAHEIM
CA
92806
[email protected]
[email protected]
10:06:22 A
15.Q
Workers’ Compensation
Professional Employer Organization (PEO)
Workers’ Compensation Overview
Carrier: ZURICHAMERICANINSURANCE
COMPANY
Policyholder Name: Onyx Paving Company Inc
Policy Number: WC106300504
Certification
Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
Yes I certify that one of the following is true: (1) I am licensed by the Contractors State License Board (CSLB)in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. |, David Wiltfong, the undersigned, am , ONYXPAVING COMPANY, INC.with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. Ifurther acknowledge that any untruthful information provided in this application could result in the certification being canceled.
I certify this on: 10:00 AM
Legal Entity Information
Legal Entity Type: Corporation
Name: ONYXPAVINGCOMPANY, INC.
Registration Services: Page 2 of 2
Do you lease employees through Professional Employer Organization? No Inception Date: 10/01/2022
Expiration Date: October 12, 2023
Yes I certify that Ido not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award not
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ONYXPAVING COMPANY INC
LICENSE# 630360 DIR# 1000004798
UNANIMOUS WRITTENCONSENTOF
THEBOARD OF DIRECTORSOF
ONYXPAVING COMPANY, INC,
(a California corporation)
June 17‘“,2022
The undersigned director, constituting the entire board of directors (the "Board”) of Onyx Paving Company, Inc., a California corporation (the "Corporation"), hereby takes the following actions, adopts the following resolutions, and transacts the following business, by written consent without a meeting, as of the date above written, pursuant to Section 307(b) of the General Corporation Law of the State of California and the Corporations Bylaws:
nTransactions
WHEREAS,Corey Kirschner is currently the Corporation's Chief Executive Officer, Chief Financial Officer (the "Officer") and Secretary with authority to enter into contracts on behalf of the Corporation.
WHEREAS,the Corporation opportunities from time to time to bid on various governmental and non-governmental projects;
WHEREAS,after careful consideration, the Board has determined that the terms and conditions ofthe proposed project in the form ofthe bid attached hereto as ExhibitA (the "Project”) are just and equitable and fair as to the Corporation and that it is in the best interests of the Corporation and its stockholder to submit the bid and complete the Project subject to the terms agreed upon by the parties.
NOW, THEREFORE,BEIT RESOLVED,the Board on behalf of the Corporation hereby approves and ratifies the Project in all respects, and hereby authorize and direct the Corporation to negotiate, execute, deliver and perform the terms of all documents, required in connection with title Project, together with such changes thereto as may be approved by the Officer executing the same on behalf of the Corporation (pursuant to the authorization provided herein), such approval ofthe Officer to be conclusively evidenced by its execution and delivery of same.
RESOLVEDFURTHER,that the Officer may execute and deliver any and all agreements and any and all other documents and instruments, and take such further actions as may be necessary or appropriate, for the financing of the Corporation. |
RES D FU ER,that the 5 he a directed, and empowe to execute (and deliver nd al eements an d all r s and instruments, and e such further actions as may be necessary or appropriate, for the consummation of the Project. 2890 East La Cresta Ave, Anaheim, CA92806 - PH: (714) 632-6699
15.Q
RESOLVEDFURTHER,that the Officer, in the name of the Corporation, is hereby authorized, directed, and empowered to negotiate, execute and deliver lo the applicable counterparty, any and all documents with respect to the Project and other instruments as may be reasonably requested, and the Officer on behalf of the Corporation is authorized from time to time to execute extensions or other installments as may be necessary.
RESOLVEDFURTHER,that the authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed.
The Secretary of the Corporation is directed to file the original executed copy of this Consent with the minutes of proceedings of the Corporation.
[Signature page follows]
2 2890 East LaCresta Ave, Anaheim, CA92806 - PH: (714) 632—6699
15.Q
ONYXPAVING COMPANY INC
LICENSE# 630360 DIR# 1000004798
IN WITNESSWHEREOF,the undersigned has executed this Unanimous Written Consent of the Board of Directors as of the date first above written
Corey Kirschner
3 2890 East LaCresta Ave, Anaheim, CA92806 - PH: (714) 632-6699
15.Q
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CEO, PRES,VP, SEC,TREA
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account
name and address
Enter your TINin the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor; or disregarded entity. see the instructions for Part E,later. For other entities. it is your employer identification number {EIN}.if you do not have a number, see How to get a TIN.later.
Nata: ifthe account is in more than one name, see the instructions for line t. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Under penalties of periury. Icertify that:
i The number shown on this form is my correct taxpayer identification number {or i am waiting for a number to be issued to me); and
2. i am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) l have not been noti?ed by the internal Revenue Service (IRS) that i am subject to backup withholding as a result of a iaiiure to report ail intereat or dividends.or (c)the the has notified me that i am no longer subject to backup withholding; and
3‘ i am a US. citizen or other US. person (defined below]; and
4. The FATCA code(3) entered on this form (it any) indicating that i am exempt from FATCAreporting is correct» Gertifl on instructions. You must cross out item 2 above it you have been notified by the ERSthat you are currently subject to backup withholdingbecause you have failed to report all interest and dividends on your tax return. For reai estate transactions.item 2 dose not sooty. For mortgage interest paid. acquisition or abandonment of secured propertys cancellation of debt, contributions to an individualretirement arrangement (iHA).and g ally, payments other than interest and dividends, you are not required to sign the certi?cation, but you must provido your correct TlN, See the instructionsfor Part il.later.
Section r ancas are to the internal Revenue Code unless otherwise noted.
Future elopme .Fer the latest intormation about developments related to Form W~9 and its instructions, such as legislation enacted after they were published, go to irstgo erQ.
Purpose of Form
An individual or entity {Form W~9 requester} who is required to file an information return with the lRS must obtain your correct taxpayer identification number (TIN)which may be your sociai security number iSSN), individual taxpayer identification number (iTiN). adoption taxpayer identi?cation number (ATIN), or employer identification number (?lm, to report on an informationreturn the amount paid to you, or other amount reportable on an information return. Examples of information returns inciude, but are not limited to, the following. 0 Form 1099«iNT (interest earned or paid)
Cat. No “i0231):
- Form iOQQ-DW (dividends. including those from stocks or mutual funds) - Form t099~MiSC (various types of income, prizes. awards, or gross proceeds]
- Form 109943 (stock or mutuai fund sales and curtain other transactions by brokers)
- Form 1039‘s {proceeds trom real estate transactions)
* Form 1099~t<(merchant card and third party network transactions) 0 Form 1098 (home mortgage interest}. 1098-8 (student loan interest}, iGQB—T{tuition}
I Form 1099-0 {canceied debt}
v Form 1099A (acquisition or abandonment of secured property) Use Form W-Bonly if you are a US» person [including a resident alien). to provide your correct TIN.
lfyou do not return Form W—9to the requester with a TIN.you might be of to backup withholding See What is backup withholding tater.
Form W-9 (Rev. 10-2013;
Requeét for Taxpayer Give Form to the
Identification Number and Certification requester. Do not send to the “RS.
ONYX PAVING COMPANY
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Waiver of Submgalion Form #CG 24 M 1
Per Projecl Form #GLS—aazs01 12
DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITYINSURANCE 3,12,2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANDTHE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSUREDIthe policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER _ girmsa?amgailgj?srgnoc?aggwons TEENS" c... 714-824—8384 FIGE_NDI=714-573— 177o 159Q1Red HillAvenue
TUSt'n CA 92780 INSURERISIAFFORDING COVERAGE NAIC# 40142 INSURED INSURER B: Zurich American Insurance Comp Egg/gEplazén%ggg%3g?£c' INSURER c: Scottsdale Indemnity CO Anaheim CA 92806—1816 INSURER D:
INSURER E 2
INSIIRFR F ‘ COVERAGES CERTIFICATE NUMBER: 151 REVISION NUMBER:
'58.? TYPE OF INSURANCE mm 1‘75: poucv NUMBER rl'i?i'égmx m'i?'réiyi?w LIMITS X COMMERCIAL GENERAL LIABILITY X X
AUTOMOBILE LIABILITY X
X X
UMBRELLA LIAB
EXCESS LIAB
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DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CertI?cateholder(S) is/are named as additional insured per the attached endorsements as required by written contract subject to the terms &conditions of the whey:
GL Additional Insured Form #CG 2010 1219 and CG 20 3712 19 GL Additional Insured State-Permits Form #0G 20 12 12 19 GL 20 01 12 19
GL 2 19
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See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Onyx Paving Company, Inc.
2890 E. La Cresta Ave.
Anaheim CA 92806 AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Michael Tran
michael
Licenseu: OF69771 INSURER A: American Zurich Insurance Comp 16535
15580
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED NOTVVITHSTANDINGANY REQUIREMENT.TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCEDBY PAID CLAIMS BCSZOOO426 3/14/2024 10/1/2024 552 000 000
$ 100.000
$ Excluded
$ 4.000.000
BAP106300605 10/1/2023 10/1/2024
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY WC106300505 10/1/2023 10/1/2024 ANYPROPRIETOR/PARTNER/EXECUTIVE $1 000 000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH)
If yes. describe under $1 000 000
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EACH OCCURRENCE
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PERSONAL 81ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE POLICY PRODUCTS — COMP/OP AGG $ 4.000.
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Statementof InformatIon 6076477
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Secretaryof State
Statement of Information
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Califémia EnvironmentalProtecticm gency
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January 1, 2024
CERTIFICATE OF REPORTED COMPLIANCE
OFF-ROAD DIEsEL VEHICLE REGULATION
is issued to
ONYX ING C0 NY, NC.
Off-madDieselFleetidenti?catio
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This cemhcate Intimates that the ?eet lime-datmve has remded of? road d esel vemcles to the Ca‘lforma ARResouu es Board and has certi?es the»! are m \ampliarm v 'h We 13 COR secmn 2449 Ai: apolroabre vehicles ownedby memdw dua‘ company or agency musi we repor'ec‘ and‘a .elecj as specs?ed mSachem 24:19wn‘hall possible ummptmesa else: as certi?cate )8 null am vozd Certi?cate expires 2/28/2025 W»). VT};4va am: t-nil'm'lyo: misrenvhma £2an [has nmzbev ‘ wrw art: ca‘govlduurs/rnrmiiance certthtrr?
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the Street Rehabilitation Project, CIP No. 5761, 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, isfamiliar 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—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 Hemet Auto Center Pavement Rehabilitation Project, CIP No. 5761 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 2021 as amended and supplemented, technicalreferences, all other referenced documents, all codes, permit conditionsand regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.
15.Q
Identi?cation'Sign EA 900
STREETREHABILITATIONPROJECT
ClP No. 5761 BIDDER'SPROPOSAL(cont’d)
BIDSCHEDULE
BASEBID — HEMETAUTO CENTERPAVEMENTREHABILITATIONPROJECT, CIP No. 5761
EXTENDED
ITEM ESTIMATED UNIT
DESCRIPTION UNIT ITEM
No QUANTITY PRICE AMOUNT
1 -
' I Mobilization (not to exceed 5%) LS 1 “6900 I‘9;C 00 1 2 Traf?c and Pedestrian Control L8 1 70120823231033
5, 3 Temporary Construction Project I
EH
4 Water Qualitv Control L8 1 IOOCO l0. OOO
Adjust Ex. Manhole to New F.S
5 per Owner Agency Std. &
Specs. EA 22 IiI‘ITo %I’6100
Adjust Ex. Valve Can/Lid and to
6 New F.S. & Paint per Owner j 60 .00 q Q50
Aqencv Std. & Specs. EA 63 ’
‘GO _ 00
7 Relocate Existing Sign & Pole EA 2
100 LIN)
8 Remove and Replace Exist ADA ‘OAG
Ramp per City Std. EA 2 Hi0003%,U
0‘0 »
‘ 9 Hot MixAsphalt TON 5800 I51' II?'5.990
Unclassi?ed Excavation
(Remove Pulverized Material to .
A 10 accommodate new asphalt 0&5ij I7 Z/qub
overlay) SF 203500
Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion
11 of the subgrade soil to a depth SF 203500 j . go 2 (4II,I55 of 22.5", Rough Grade, 0
Stabilize, Fine Grade,
Microcracking, Moist Cure.
Full Depth Reclamation to
pulverize existing aggregate . base, and a portion of the \t’50 ’57)800 12 subgrade soil to a depth of 10", SF 26000
Rough Grade, Stabilize, Fine
Grade, Microcracking, Moist
Cure
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20-00
I (/000
2,687,637‘?.“°
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7 700 1275 ”1,00
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570)000
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000
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BASE BID — HEMETAUTO CENTERPAVEMENTREHABILITATIONPROJECT, CIP No. 5761 ITEM
No
13 14
15 16
17 18
19 20
21 DESCRIPTION
Portland Cement (6% Min
Stabilizing agent for FDR
roadbed)
MixDesign
Crack sealing & Slurry Seal
Smooth Pavement Joint
Transition
Remove and Reconstruct
Existing Cross Gutter
Remove and Reconstruct
Existing Stamped Concrete
Utility Potholing
Field Orders
Signing & Striping
UNIT
TON
LS
SF
LF
SF
SF
LS
LS
LS
ESTIMATED UNIT EX
LFE
IJE
D
QUANTITY PRICE AMOUNT
1293
1 30800
36 1300
26000
1 5 $2000 $10000
1 TOTAL BASEBID(numbers)
**1:********************************* END OF BASE BID ITEMS **1:*********************************
ALTERNATE BID ITEMS AS FOLLOWS
ITEM
No
A1
A2
A3
DESCRIPTIONOF ITEMS
Remove and Deduct Base Bid
Item # 12
Remove and Deduct Base Bid
Item # 18
Add Remove Existing Stamped
Concrete
UNIT
SF
SF
SF
ESTIMATED UNIT
EXTENDE
D
PRICE
”EM
QUANTITY AMOUNT
-26000
—26000
26000
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'STREETREHABILITATIONPROJECT
cw NO. 5761 BIDDER'SPROPOSAL (cont’d)
EXTENDED ESTIMATED ":2" DESCRIPTIONOF ITEMS UNIT ml; ITEM
QUANTITY AMOUNT
A4 Add Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion Of
the subgrade soil to a depth of 5|: 26000 L30 3?) 800
22.5", Rough Grade, Stabilize, I
Fine Grade, Microcracking, Moist
Cure.
A5 Add Portland Cement (6% Min
Stabilizing agent for FDR TON 165 "LI/I5DIUII375!)
roadbed) ’ A6 Add Hot MixAsphalt TON 750 I310" 91 000
. 8, 1 TOTAL BIDALTERNATE(numbers) I932/62
*********k********* END OF ALTERNATE BID ITEMS *************************** "7100 MILLION) FIVEMIND/{ED EIGHJIYTN‘
NE
BASEBIDTOTAL (in words) cum!“
Contractor's Initials
ALTERNATEBIDITEMSTOTAL (in words)
_ 0N6 Hulk/02w NINm-a Wort/IN0, e rare—7*IWNDIZH)
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. lfthe bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.
If an 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 Bids or by Addenda if issued to supersede the Notice Inviting Bids on this Specific issue.
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
15.Q
STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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 bidderthe 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.
TheAgency 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 Bid may be rejected.
Complete the following:
AllAmerican Asphalt 1000001051 267073
Legal name of the business, DIRReg. and Contractor License Nos.
COI'pOTMIoA
Business Type (Corporation, Partnership, Sole Proprietor) **N/A**
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Bldder
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
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
[email protected]
Name and Email address of primary contact
www.allamericanasphalt.com
Company web address
5’
Signatu Bid Date Signature of Date
Edward J Carlson Vice President Michael Farkas, Secretary Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate o?‘icersare required.)
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(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 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) 267073
b, Expireson 1/31/2026
(I 2‘4
Bid Date Signature of Bid Date
Edward J Carlson, Vice President Michael Farkas, Secretary Print name and title Print name and title
(Ifthe Bidderis a corporation two signatures ofcorporate o?‘icersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-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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CIP No. 5761 BIDDER'SPROPOSAL (cont'd)
BIDSECURITYFORM FORCHECK
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. lfsaid Bidshall 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 Bidderis a corporation, two signatures ofcorporate o?icersare required.) **bidbond included**
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Bond No. 08597423
BidDate: 06/18/
2024
' STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont'd)
BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESEPRESENTS
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 subdivision of the State of California, as obligee, in the penal sum of [Dollar Amount “1 Wordsl Ten Percent of Total Amount Bid ------- Dollars( 10% OfBid l 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 HEMET AUTO MALL STREET REHABILITATION STREETCAPITAL IMPROVEMENT PROJECTNO. 5761 THE CONDITION OF THIS OBLIGATIONIS 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 3rd day of une 2024 . Mont
All American Asphalt
(Corporate Seal) By
Fidelityand Deposit Company of Maryland
Bv
Surety Rebecca Haas—Bates, Attorney—in—Fact
T.(CorporateSeall~ By
15.Q
Rivers”,
Sarah Amanda Langley, Notary Public
Ed..___,
WW,
—————— 1
who proved to me on the bass of satisfactory evidence to be the person(e) whose namets) is/aw subscribed to the within instrument and acknowledged to me that he/shekkey executed the same in his/heathen: authorized capacityaes). and that by his/hemetr signaturets) on the insttument the personts). or the entity upon behalf of which the personts) acted.executed the Instrument.
NolIry mm
Vice President
AllAmerican Asghalt —_NlA——
CAL FORNIA ALL-PURPOSE ACKNOWLEDGEMENT c V L CODE 1189
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. accuracv. or validitv of that document.
State of California
County of ide
On June 5, 2024 before mel ' Date Here Insert name and Title of the Of?cer personally appeared ward .l. Carlson
Namem-of Signer(s7-
SARAHAMANDALANGLEY
Notary Public California
RiversideCounty
Commissiont72337877
Comm.ExpiresNov20, 2024
I certify under PENALTYOF PERJURY under the laws of the State of Californiathat the forgoing paragraph is true and correct. hand and of?cial seal.
Place Notary Seal Above of OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Bid Bond
Document Date: 06/03/2024 Numberof Pages: 3
Signer(5) OtherThan Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(ies) Claimed by Signer(s)
Signefs Name: Edward J. Carlson Signer‘s Name: N/A
:1 Individual D Individual
xCorporate Of?cer—Titiets): a Corporate Of?cer — Title(s): N/A D Partner LI El LimitedD General a Partner D a Limited a General a Attorney in Fact D Attorney in Fact
1:: Trustee Top of lhumb here
:1 Trustee
T°P °f "mm “are
o Other: El Other: N/A
Signer is Representing: Signer is Representing:
RIGHT THUMBPRINT RIGHT THUMBPR' 0FNTSIGNER
S|GNER
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otary mu: - (“News
Orange Caunly
’9'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness,accuracy, or validity ofthat document.
State of California
County of Orange
On 06/03/2024 before me, L. Gomez, Notary Public
Date Here Insert Name and 77tleof the Of?cer
personally appeared Rebecca Haas-Bates
NamelSAof SignenSl
who proved to me on the basis of satisfactory evidence to be the personfs} whose name(s). is/ana subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity?es), and that by Hs/herltheu signaturelsion 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 official seal
NNM
Signature
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 Bond Document Date: 06/03/2024 Number of Pages: Oneil) Signer(s) Other Than Named Above: AllAmerican Asphalt Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates Signer’s Name:
_ Corporate Of?cer — Title(s): Corporate Officer — Tit|e(s):
Partner ~ Limited General Partner — Limited General
individual ZAttorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee l: Guardian or Conservator Other: Other:
Signer ls Representing: Signer ls Representing
Fidelity and Deposit Company of Maryland
@2014 NationalNotary Association - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) item #5907 nature Notary Public
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[email protected]
EXTRACT FROM BY-LAWS OF THE COMPANIES
of June 2024 .
SEAL SEAL SEAL
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 INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
800—626—4577
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.com or 410-559-8790 "Article V, Section 8, . The Chief Executive Of?cer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any of?cer or any such attomey-in-fact to af?x the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certi?cate; and I do ?irther certify that Article V, Section 8, of the By—Lawsof the Companies is still in force.
This Power of Attorney and Certi?cate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be af?xed 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 Attorney and Certi?cate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day ofMay, 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 certi?ed 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 af?xed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and af?xed the corporate seals of the said Companies, this 3rd __ day
Thomas O. McClellan
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont'd)
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON—COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
I am the Vice President of AllAmerican Asphaltthe 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 correctandthat this declaration is executed on b 5 date], at Corona [city], CaIIfornIa [state]
Signature Bi Date Signature of Bid Date
Edward J Carlson, Vice President Michael Farkas, Secretary Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate of?cersare required.)
15.Q
Edward J. Carlson
wb
Signa we
CAL FORM A JURAT GOV CODE 8202
A notary public or other of?cer completing this certi?cate veri?es only the identity of the individualwho 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
SARAHAMANDALANGLEY
NotaryPublic California
RiversideCounty
Commissionft 2337877
Comm.ExpiresNov20, 2024
Place Notary Seal Above OPTIONAL
Subscribed and sworn to (or affirmed) before
me on this 5th day of May 2024
Date Month
By (1)
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(and
(2)
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me.)
Signature
of Notary Public
Though the information below is not required by law. it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type 0
Document Date: 06/05/2024 Number of Pages 1
Signer(s) Other Than Named Above NIA
f Non Collusion Affidavit
Top of lhumb here Top of thumb here
RIGHT THUMBPRINT RIGHT THUMBPRIN
OFTSIGNER
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222
__,V,,,,N-. ...,,,,S-_ V..,,22
-STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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 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: 2023 Street Rehabilitation Project
Contract Price: 6186559900 Date of Completion:
Name, Address, and Telephone Number of Owner's Representative:
City of Monterey Park 320 w. NEWMARKAVE MONTEREYPARK, CA 91754 Anthony Bendezu 626-307-1283
Project Name: 2023 Fall Pavement Rehab Project
Contract Price: 4.569 00 Date of Completion:
Name, Address, and Telephone Number of Owner's Representative:
City of Ontario 303 EAST B STREET, ONTARIO, CA 91764
Leonard Lui 909—295-2401
Project Name: PERMANENTTRENCH RESURFACING
Contract Price 45550-00 ate of Completion:
Name, Address, and Telephone Number of Owner's Representative:
CITYOF RIVERSIDE 2900 MAI
MARIALAMPING951-826-5146
(Attach additional pages as necessary)
12/2023
11/2023
11/2023
ST, CA 925
15.Q
2023
PASTWORK REFERENCES
’thaige'rQlomalinda-ca ,gov
khaymesQranchumv.com
sgelletier?avcigarg
'fordQranchomv.com
abendezyQ montereygark.ca.gov
City of Loma Linda
25541 Barton Road
Loma Linda,CA92354
Manhattan Beach, CA 90266
Contact: Jarb Thaipejr (909) 799-2811
EuclidLandVenture, LLC
4450 Macarthur Blvd., Ste 100
Newport Beach, CA 92693
Contact: Scott Kendall (949) 783-5341
City of AlisoViejo
12 Journey Ste #100
AlisoViejo, Va 92656
Contact: Shaun Pelletier (949) 425-2531
RMVRealty, Inc.
28811 Ortega HWY
San Juan Capistrano, CA92693
Contract: Jeff Ford (949) 413-8899
City of Monterey Park
320 W. Newmark Avenue
Monterey Park, CA91754
Contact: Anthony Bendezu (626) 307-1283
Pavement Rehab. at Various Locations
Contract Amount: $1,476,363.00
Start Date: 9/1/2023
End Date: 12/2023
MerrillAve. Street Widening
Contract Amount: $915,915.00
Start Date: 4/2022
End Date: 2/2023
FY22-23Slurry Seal & Rehab Project
Contract Amount: $1,595,650.00
Start Date: 5/2022
End Date: 5/2023
PA 3.2A Street Improvement
Contract Amount: $1,244,244.00
Start Date: 4/2022
End Date: 8/2023
2023 Street RehabilitationProject
Contract Amount: $6,865,699.00
Start Date: 8/2023
End Date: 12/2023
15.Q
2023
PASTWORKREFERENCES
PeteAQcitxoffullerto
LLuiQontarioca.gov
mlamging?riversidecagov
bdavisQnewgartbeachca.gov
Irina.gurovicthostamesaca.gov
City of Fullerton
303 W. Commonwealth Ave
Fullerton, CA92632
Contact: Pete Acosta, Jr. (714) 738-6871
n.com
City of Ontario
303 East B Street
Ontario, CA91764
Contact: Leonard Lui (909) 295-2401
City of Riverside
2900 Main St.
Riverside, CA 92522
Contact: Maria Lamping (951) 826-5146
City of Ontario
825 East Third Street
San Bernardino, CA92415
Contact: Samuel E. Nicorici (909)387-7960
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA92626
Contact: Irina Gurovich (714)754-5324
Brookhurst Rd., SR91 St. Rehab
Contract Amount: $325,825.00
Start Date: 5/2023
End Date: 12/2023
2023 Fall Pavement Rehabilitation Project
Contract Amount: $4,569,222.00
Start Date: 08/2023
End Date: 11/2023
Permanent Trench Resurfacing
Contract Amount: $455,150.00
Start Date: 1/2023
End Date: 6/2023
Chino & Montclair Area Variours Roads
Overlay Project
Contract Amount: $5,639,575.88
Start Date: 9/2022
End Date: 7/2023
Slurry SealProject
Contract Amount: $2,828,001.50
Start Date: 1/2022
End Date: 7/2023
15.Q
2022
PAST WORK REFEREN ES
bcardenas?manhattanbeach.gnv
khaymesQranchamv.ccm
rhughesQwilldan‘co
amegerdichianQburbankca.gov
agerechigofhighland.org
bhaskelthollbrothe
City of Manhattan Beach
1400 Highland Ave.
Manhattan Beach, CA 90266
Contact: Bianca Cardenas (310) 802-5357
RMVRealty, Inc.
28811 Ortega Hwy
San Juan Capistrano, CA92693
Contact: KellyHaymes
City of Westla ke Village
31200 Oak Crest Dr.
Westlake Village, CA91361
Contact: Roxanne Hughes (805) 890-8885 m
City of Burbank
275 EOlive
Burbank, CA91502
Contact: Artin Megerdichian (818) 238-3942
City of Highland
27215 Base Line St.
Highland, CA9234
Contact: Amanda Perez (909) 864-6861
Toll Bros, Inc.
725 W. Town & Country Road, Ste 200
Orange, CA92868
Contact: Brandon Haskell (714) 347-1360
rs.com
C
Slurry Seal of Central Area of Sands Section
Contract Amount: $673,275.00
Start Date: 12/2021
End Date: 7/2022
Planning Area 3.1 Street Improvement
Contract Amount: $3,996,996.00
Start Date: 4//2021
End Date: 4/2022
Dales Dr. and Parkridge Ave Street Improv.
Amount: $1,025,336.00
Start Date: 5/2022
End Date: 6/2022
LocalResidential St. Improv. Project
Contract Amount: $7,761,320.00
Start Date: 1/2022 '
End Date: 12/2022
Pavement Management Program
Contract Amount: $2,082,099.00
Start Date: 10/2021
End Date: 12/2022
The Metro Heights
Contract Amount: $2,675,250.00
Start Date: 11/2021
End Date: 4/2022
15.Q
2021
PAST WORK REFERENQES
mammamm?ennammm
Mism®m?=9£a¥us
JAaLLe-mgtis‘sgauQLADwE
inslleIQQa?LPoiuLoyg
Colony Commerce
C/O Caprock Partners
1300 Dove Street Suite 200
Newport Beach, CA 92660
Contact: Eric Nutter (949) 428-1 400 Ext. 209
Lennar Homes
25 Enterprise #300
AlisoViejo, CA 92656
Contact: Diane Hannon (949)349-8000
City of Norco
2870 Clark Ave.
Norco, CA 92860
Contact: Todd Shank (951) 270-5603
19 Los Angeles Department of Water and Power
111 North Hope Street, L-43
Los Angeles, Ca 9001 2
Contact: Joelle Morisseau (213) 367-01 23
3mm
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
Contact: Scott Fisher (949) 248-3577
Archibald St. Improvements
Contract Amount: $1,949,000.00
Start: 12/201 9
Completed: 12/2021
Merrill& Haven Street Improvement
Contract Amount: $1,481,832.1 5
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 Repair
Improvements
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
15.Q
2021
PAST WORK REFERENCES
haemiQLQQmuageL
conez@a hsjmlnet
manicla?gu@o_cmzv_.g,cg
gkau®nmmalkc¢g
ggci
City of Corona
400 South Vicentia
Corona, CA92852
Contact: Barry Ghaemi (951) 736-2400
bg gov.
City of Anaheim
200 5. Anaheim Boulevard
Anaheim, CA 92805
Contact: Jose Cortez (714) 765-5039
1 na.
County of Orange
601 North Ross Street
Santa Ana, CA 92701
Contact: Stephen Clayton (71 4) 995-0206
Ste mom
City of Norwalk
12700 Norwalk Blvd.
Norwalk, CA 90650
Glen W. C. Kau (562) 929-5723
ov
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Navin Maru (714) 741 -5180
nmaru@ icy-org
Street Pavement Maintenance
& Rehab. Project No. 2020.01
Contract Amount: $3,471,1 78.00
Sta rt: 6/2021
Completed: 1[2022
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: $3,1 85,281 .00
Start: 6/2022
Complete: 12/2021
15.Q
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.STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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.)
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15.Q
‘vL ‘ STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BIDDERCERTIFICATIONS
TO BEEXECUTEDBYALLBIDDERSAND SUBMITTEDWITHBID
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 yea rs because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.
CERTIFICATIONOF WORKER’SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that lam aware ofthe Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self—insurancein 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 Contractorfrom 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
Bymy signature hereunder, as the Contractor, I certify that there willbe no discriminatio n
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.
15.Q
secti
I STREETREHABILITATIONPROJECT
ClP No. 5761 BIDDER'SPROPOSAL(cont’d)
CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, Iswear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications." If a statement of ”Previous Disqualifications" is attached, please explain the circumstances.
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), 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 on 1720) of the California Labor Code. Contractor’s registration number is[please complete] Subcontractors' registration numbers are as indicated in Document 00 4314.
15.Q
FR VA - Y
APPLICANTSSHALLRECEIVEEOUALCONSIDERATIONANDTREATMENTALL RECRUITMENT. HIRING.PLACEMENT. TRANSFERANDPROMOTIONSWILLBE ON THE
BASISOF QUALIFICATIONSOF THEINDIVIDUALFOR THE POSITION BEINGFILLED WITHOUTREGARDTORACE, COLOR.RELIGION. SEX.SEXUALORIENTATION.MARITAL STATUS.NA‘ITONALORIGIN.ANCESTRY.DISABILITY(MENTALANDPHYSICAL.
INCLUDINGHN ANDAIDS). MEDICALCONDITION(CANCERANDGENEITC CHARACTERISTICS).AND/ORAGE(40ANDOVER). ALLOTHER PERSONNELACTIONS.
SUCHAS COMPENSATION, BENEFITS.LAYOFFS.RETURNFROM LAYOFF.
TERMINATIONS. TRAININGANDSOCIALANDRECREATIONALPROGRAMSARE AOMINISTEREDWITHOUTREGARDTO RACE.COLOR.RELIGION.SEX.SEXUAL ORIENTATION. MARITALSTATUS.NATIONALORIGIN,ANCESTRY,DISABILITY(MENTAL ANDPHYSICAL. INCLUDINGHIVANDAIDS).MEDICALCONDITION(CANCERAND GENETICCHARACTERISTICS).ANDIORAGE(40 ANDOVER).
EOUALOPPORTUNITYIS A CONTINUINGEFFORTANDREQUIRESTHEFULLSUPPORT
OF ALLOF USTO ENSURETHE DEVELOPMENTOF OUR MINORITYANDFEMALE EMPLOYEES.EACH POSSIBILITYTO HIREOR PROMOTESHOULDBEVIEWEDAS AN
OPPORTUNITYTOWARD OUR GOALOF A FULLERUTIIJIATTONOF OUR MINORITYAND FEMALEEMPLOYEES.EACHMANAGERWILLCOMMUNICATETOEMPLOYEESTHAT OURCOMMITMENTTO AN AFFIRMATIVEACTIONPROGRAM IS REAL.IS SUPPORTEDBY OURCOMPANY.ANDHAS A HIGHPRIORITY.WE ENCOURAGEALLOF OUR EMPLOYEES
TO PARTICIPATE INTHISEFFORTBYENCOURAGINGMINORITIESANDFEMALESTO APPLYFOREMPLOYMENTANDTO SEEK PROMOTIONS.
FOR ASSISTANCEINTHEEOUALOPPORTUNITYPROGRAM.MANAGERSAND
EMPLOYEESHOULDCONTACTMARKLUER.EEOCOORDINATORAT(551) 736-7600.
HASTHESPECIFICRESPONSIBILITIESTO MONITORAND ASSESSTHE PROGRESSF OUREOUALEMPLOYMENTOPPORTUNITYANDAFFIRMATIVEACHON PROGRAMS.
ALLAMERICANASPHAL
ALLAMERICANAGGREGAT T
ES
TO ALLAMERICANASPHALTPERSONNEL:
ITISTHESTATEDPOLICYOF ALLAMERICANASPHALTTHATALLEMPLOYEESAND HE
OR
MARKLUER
PRESIDENT
2011
"1‘95l-7'3t) 7:100 F°51-73‘.L-1(Tl Rt) Bux 222‘! CURUNA CA‘mm-mv ALL?g?-II‘CAN Cummclom llcn MI x26707.! ACI'. DIR r-‘IOOODDH) ’ 51 AN EQUALOPPORTUNITYEMPLOYER.
15.Q
IT 0F HEMET
I N I
Rev. 1
Ag?rii2322
CY
R VERS DECOU TY, CALFORN A
B D AND CONTRACTDOCUMENTS
HEMETAUTO MALLSTREETREHABLTAT ON PROJECT
CAP TAL MPROVEMENTPROJECTNO 5761
MAY 2024
03/20/
2024
Noah Rau, P.E., Public Works Director/City Engineer Date R.C.E.No. 74686
This is a prevailing wage project under the laws of the State of California.
15.Q
will not be resEonsible
STREETREHABILITATIONPROJECT Rev. {3
CIP No. 5761 BIDDER'SPROPOSAL February 262%}
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the Street Rehabilitation Project, CIP No. 5761, 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 ofthe PublicWorks Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.
Contractor confirms that his/her/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.(
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 Hemet Auto Center Pavement Rehabilitation Project, CIP No. 5761 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 2021 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.
15.Q
STREETREHABILITATIONPROJECT
CIP N0. 5761 BIDDER'SPROPOSAL(cont'd)
BIDSCHEDULE
Rev. 0
February 2022? }
BASEBID- HEMETAUTO CENTERPAVEMENTREHABILITATIONPROJECT, CIP No. 5761 ITEM
No
10 11
12 DESCRIPTION
Mobilization (not to exceed 5%)
Traf?c and Pedestrian Control
Temporary Construction Project
Identi?cation Sign
Water Quality Control
Adjust Ex. Manhole to New F.S.
per Owner Agency Std. &
Specs.
Adjust Ex. Valve Can/Lid and to
New F.S. & Paint per Owner
Agency Std. & Specs.
Relocate Existing Sign & Pole
Remove and Replace Exist ADA
Ramp per CitvStd.
Hot MixAsphalt
Unclassi?ed Excavation
(Remove Pulverized Material to
accommodate new asphalt
ove?ay)
Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion
of the subgrade soil to a depth
of 22.5", Rough Grade,
Stabilize, Fine Grade,
Microcracking, Moist Cure.
Full Depth Reclamation to
pulverize existing aggregate
base, and a portion of the
subgrade soil to a depth of 10",
Rough Grade, Stabilize, Fine
Grade, Microcracking, Moist
Cure
UNIT
LS
LS
EA
LS
EA
EA
EA
EA
TON
SF
SF
SF
ESTIMATED
QUANTITY
22 63
5800
203500
203500
26000
UNIT
EXTENDED
PRICE
ITEM
AMOUNT
48400.“ 424m»
@2400.“ / Z? 400. °°
2 (34-5 °" 4 000.“
Mum.” /2 14m»
/_mo 0° 24 2/30.“
200."0 /2 mm.“
2/0.“ 420.“
/4-5m.“ 2‘) rmo .00
A50.“ 754nm.“
/. 3’ 200. 575‘”
/. ’0 223 250.”
/.'20 32,700. ‘0
15.Q
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STREETREHABILITATIONPROJECT Reva
CIP No. 5761 BIDDER'SPROPOSAL (cont’d) tiebruaw20:
20 BASEBID— HEMETAUTO CENTERPAVEMENTREHABILITATIONPROJECT, CIP No. 5761
EXTENDED
ITEM ESTIMATED UNIT
DESCRIPTION UNIT ITEM
No QUANTITY PRICE AMOUNT
Portland Cement (6% Min
13 Stabilizing agent for FDR TON 1293
roadbed)
14 Mix Design L8 1
15 Crack sealing & SlurrvSeal SF 30800
15 Smooth Pavement Joint
Transition LF 36
17 Remove and Reconstruct
Existing Cross Gutter SF 1300
13 Remove and Reconstruct
Existing Stamped Concrete SF 26000
19 UtilitvPotholinq LS 1
20 Field Orders L8 5 $2,000 $10,000
21 . . . . SIgnIng & StrIpIng L8 1
TOTAL BASEBID(numbers)
END OF BASE BID ITEMS ***'k******k**********************Hie ALTERNATE BID ITEMS AS FOLLOWS:
EXTENDED ESTIMATED IT ”'52" DESCRIPTIONOF ITEMS UNIT :RIIICEITEM
QUANTITY AMOUNT
Remove and Deduct Base Bid
A1 Item # 12 SF -26000
A2 Remove d Ded tBase B'd
Item # 183" ”° ' sr -26000
A3 Add Remove Existing Stamped
Concrete SF 26000
ZZZ °° 2‘74-704. °°
Ram.“ X 084’.“
A30 40 040.“
52.“ [172.“
4'7. °° (IL/DO.“
20.573 14374000.“
/(a.£’00.°° #9100.“
3,500.“ /3, 5’00.“
2722/00 °°
[20’ ~3.2,‘7ép 3"
ZQIO ’U?4,000.‘
7.40 NZ400.
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//(I. °° X7 000.“
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
ITEM ESTIMATED
DESCRIPTIONOF ITEMS UNIT
NO QUANTITY
A4 Add Full Depth Reclamation to
pulverize existing asphalt,
aggregate base, and a portion of
the subgrade soil to a depth of 26000
22.5", Rough Grade, Stabilize,
Fine Grade, Microcracking, Moist
Cure.
A5 Add Portland Cement (6% Min
Stabilizing agent for FDR TON 165
roadbed)
A6 Add Hot MixAsphalt TON 750
******************* END OF ALTERNATE BID ITEMS
BASEBIDTOTAL (in words)
Contractor's Initials
ALTERNATEBID ITEMSTOTAL (in words)
Contractor's Initials
UNIT
PRICE
TOTAL BIDALTERNATEnumbers
Rev. 0
Eebruary 2026
EXTENDED
ITEM
AMOUNT
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension willbe considered as the amount bid. Ifthe bid isillegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.
If an alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis ofthe base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.
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
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'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. Ifonly one responsive bid is received from a responsible bidderthe 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. ltem 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.
Complete the following
HardV& Harper. 1000000076 215952
Legal name of the business, DIRReg. and Contractor License Nos.
Cnmnratinn
Business Type (Corporation, Partnership, Sole Proprietor) Rev.
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, CL... Ev,
, ,,,, ,, 9263
,4—444-2801
Murray mmun'ay@hardyandhw ,, ,,
www.hardyandharner.com
6/ n 6/10/2024
Sign m idd r
PauL, , , Secret? Tanner£11m H min-?ght,Vice President
STREETREHABILITATIONPROJECT Rev. 0
GP No. 5761 BIDDER'SPROPOSAL(cont’d) February 2020
DBA(ifany) N/A
Dan T. President
Name and title of the owner
Michael Murrav. Vice President
Name and title of second partner or of?cer
32 Rancho rcle. Lake Forest- CA 0
Business Address
714-444-1851
Telephone number
71 Facsimile number
Michael . Vice President amer.com
Name and Email address of primary contact
Company web address
10/2024
re of B Date Signatu der Date
Kristen ino. Comorate
Print name and title Print name and title
(Ifthe Bidderis a corporation two signatures ofcorporate o?‘icersare required.)
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“T
H bright Vice President
0/2024
STREETREHABILITATIONPROJECT Rev. 0
CIP No. 5761 BIDDER'SPROPOSAL(cont’d) éiehruary 20m
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 A C-8 Contractor’sLicenses C12
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/itpossesses the required Contractor's |icense(s) which:
a. Bearsthe license number(s) 215952
b. Expi on: 12/31/2025
6/10/2024 6/1
Signature of Date Signature dder Date
Kristen ino. Corporate Tanner
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 will be final.
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STREETREHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL(cont’d)
BIDSECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORM SHALLBEUSEDIN THECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier’sCheck payable to the order of the City of Hemet, hereinafter referred to as "Agency", for N/A dollars ($ this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:
A. Ifsaid Bidshall be rejected by the Agency;
B. Ifsaid Bidshall 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.
N/A N/A
Signature of Bidder Date Signature of Bidder Date
N/A N/A
Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate officersare required.) Rev. {
3 $3M):wary 2021“}
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Bond N0. CSBA—
27509
STREET.REHABILITATIONPROJECT
CIP No. 5761 BIDDER'SPROPOSAL (cont’d)
BID SECURITYFORM FOR BOND
KNOWALLBYTHESEPRESENTS
That the undersigned
Hardy & Harper. 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 of (Dollar Amount In Words) Ten Percent the Amount Bid
Dollars (510% 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*[PROJECTNAME AND DESCRIPTION] *Hemet Auto Mall Street Rehabilitation Project, CIP No. 5761 THE CONDITION OF THIS OBLIGATIONIS 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 11th day of 2024.
(Month)
Ha 0.
(Corporate Seal) By
Principal Paulino, Corporate Secretary
By Fidelitv and Deposit Company of
Surety
(Corporate Seal) By
Dwight Reilly, Attorney-in-Fact
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instrument wledged executed same in
pacityaee). his/hem strumenn erson(s),
PENALTY
California
MORGAN5‘ cuuxuocx
NutaryPublic- California
2 Orange County E
. CommissianI!1177551 ‘
l
’ MyComm. Expires0:1 5, 2025 [
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificateverifies only the identity of the individualwho signed the document to which this certificateis attached, and not the truthfulness, accuracy, or validityofthat document.
State of California
County of Orande
On June 13.2024 before me, Morgan E. Ch . Notarv Public Date Here Insert Name and Title of the Officer
personally appeared Kristen Pau o 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 and ackno to me that he/she/they the his/her/their authorized ca and that by heir signature(x) on the in he p or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under OF PERJURY under the laws
of the State of that the foregoing paragraph
is true and correct.
WITNESS my hand and official
NNA1
Sig
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: Kriemn Pniilinn Signer’s Name: v Corporate Officer — Title(s): W 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 Is Representing Signer Is Representing:
Hardv & Harper. Inc.
©2014 NationalNotaryAssociation - www.Nationa|Notary.org - 1—800-USNOTARY(1-800-876-6827) Item#5907
15.Q
Dwight Reilly
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 truthfu ness, accuracy or
valid of that document.
State of California
County of Oranqe )
On 06/11/2024 before me, Melissa Ann Vaccaro. Notarv Public (insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
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Murray, Vic: Pruidenl and ann F. Brown, Surrlnry of the Companies, to parsunullyknown In be the indivldu and uf?um describe in Endwho Executed the precedingInsKmmanand acknowledged the execuuunafssme, and ng by me duly swam.dcposemand lh, Ihal helshe is the s d 05ml! of (he Cumpanyaforesaid,and that [he sea‘s af?xed to Lhe{Amendinginslmmenl an: Cement:Seals ofsnid Cumpanies. (1mmthe said Coma! c Seals and the sl'ymlule as such of?cer wcrc duly a?ixed and subsclibcd (0 mesaid insuurn . ?gnevieve M Mgisgn
MAISON
comm
MyCav-Inm?wlumzl.
Bond No. CSBA-27509
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day AD. 2023.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COR/[PANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
GENEVIEVEM. mum PUBUC.
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.¢om or 410-559-8790
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT CONIPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporationof the State ofNE York, theCOLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITYW AND.DEPOSIT COMPANY OF MARYLAND a corporation of the State ofIllinois (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 onthe date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG,Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney-in—Fact,to make, execute, seal and deliver, for, and on its behalf as stu‘ety, 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 of?cers of the ZURICH AMERICAN INSURANCE COMPANY at its of?ce in New York, New York, the regularly elected of?cers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its of?ce in Owings Mills, Maryland, and the regularly elected of?cers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its of?ce in Owings Mills, Maryland, in their own proper persons.
The saidVice 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
VicePresident
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 7th day of September, AD 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissionedand quali?ed, Robert D. me als d bei sai ai
the an at
ent by the authority and directionof the said Corporations IN TESTIMONY WHEREOF, I have hereunto set my hand and af?xed my Official Seal the day and year ?rst above written.
BALTIMORE
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6/10/2024
der 0 der
Corporate H right Vice President
STREETREHABILITATIONPROJECT Rev. 0
CIP No. 5761 BIDDER'SPROPOSAL(cont’d) Eebruary 2026
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
I am the 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. 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 on June 6, 2024 [date], at Lake Forest [ California [state].
6/10/2024
Signature of B Date Signature Date
Kristen Paulino. Secretarv Tanner
Print name and title Print name and title
(Ifthe Bidderis a corporation, two signatures ofcorporate officersare required.)