Norco City Council
March 2, 2022

AGENDA
City Council
Wednesday, March 2, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member

CLOSED SESSIONS
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation Two Cases
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: Parcel D
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.

City Council Agenda - March 2, 2022

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of February 16, 2022 Staff Report - Pdf

2.C. Appointments to the Southern California Association of Governments (SCAG) General Assembly Meeting to be Held on May 5-6, 2022.

RECOMMENDATION:

Adopt Resolution No. 2022-14, appointing Council Member Kevin Bash as the delegate and Council Member Katherine Aleman as the alternate for the Southern California Association of Governments General Assembly Meeting on May 5-6, 2022.

Staff Report - Pdf

2.D. Acceptance of bids and award of Contract for the Dales Drive and Parkridge Avenue Street Improvements Project.

RECOMMENDATION:

Accept bids and award a contract to All American Asphalt for the Dales Drive and Parkridge Avenue Street Improvements Project in the amount of $512,465; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

City Council Agenda - March 2, 2022

2.E. Acceptance of bids and award of Contract for the Hillside Avenue Reconstruction Project (First Street to Second Street)
RECOMMENDATION:

Accept bids and award a contract to Onyx Paving Company, Inc. for the Hillside Avenue Reconstruction Project (First Street to Second Street) in the amount of $678,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

2.F. Resolution Opposing Initiative 21-0042A1
RECOMMENDATION:

Adopt Resolution 2022-15 to oppose Initiative 21-0042A1, a deceptive, corporate-sponsored proposition aimed for the November 2022 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

Staff Report - Pdf

2.G. Local Early Action Planning (LEAP) Grant Program Award from the State Department of Housing and Community Development
RECOMMENDATION:

Adopt Resolution No. 2022-16, authorizing the City Manager to sign the Local Early Action Planning (LEAP) grant award provided by the State Department of Housing and Community Development for funding authorized by the Senate Bill 2 Planning Grant Program to accelerate housing production.

Recommend that the City Council authorize the City Manager execute the award contract and accept the LEAP grant award.

Staff Report - Pdf

2.H. Fiscal Year 2021-2022 Second Quarter Budget Performance Report RECOMMENDATION:

Receive and file the Fiscal Year 2021-2022 Second Quarter Budget Performance Report.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS

City Council Agenda - March 2, 2022
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

The governmental body shall not discuss or act relative to any general public comment.

5. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

5.A. Review of Rules of Procedure for City Council Meetings.

RECOMMENDATION:

Review City Council Meetings Rules of Procedure and provide feedback or changes as appropriate.

Staff Report - Pdf

5.B. Fiscal Year 2021-2022 Mid-Year Amendments to the Annual Operating Budget
RECOMMENDATION:

Adopt Resolution No. 2022-17, approving various mid-year amendments to the Fiscal Year 2021-2022 annual operating budget and authorizing changes in appropriations and revenues thereto.

Staff Report - Pdf

6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

City Council Agenda - March 2, 2022

6.A. Zone Code Amendment 2021-04 (City of Norco): An amendment to Title 18 (Zoning) of the Norco Municipal Code to establish Objective Development Standards (ODS) that will apply to any housing development project or mixed used housing project that, pursuant to State law, requires ministerial approval, or may be subject to discretionary review.

RECOMMENDATION:

Adopt Resolution No. 2022-18, recommending approval of the Objective Development Standards; and
Adopt Ordinance 1080, at its First Reading, recommending approval of Zone Code Amendment 2021-04; schedule the Second Reading on March 16, 2022.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

City Council

STAFF REPORT
Date: March 2, 2022 Agenda Item:

2.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

City Council

STAFF REPORT
Date: March 2, 2022 Agenda Item:

2.B.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of February 16, 2022 REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Draft Minutes

DRAFT - MINUTES
City Council
Wednesday, February 16, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
a) Adding Real Property Negotiation to Closed Session

City Manager Okoro requested to add Real Property Negotiation item to the Closed Session calendar for APN's 131-130-025 and 125-100-046.

M/S NEWTON/BASH to add One Case of Real Property Negotiation to the Closed Session Calendar. The Motion was carried by the following roll call vote:

AYES: NEWTON, BASH, GRUNDMEYER, ALEMAN, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

CLOSED SESSIONS
§54956.9 – Conference with Legal Counsel – Existing Litigation Marilyn Rohr v. City of Norco
RIC:1905136

§54957– Performance Evaluation
Title: City Manager

§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's 125-100-046 and 131-130-025
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION

City Council Minutes - February 16, 2022
City Attorney Harper stated there were no reportable actions taken in closed sessions.

PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Caleb Booth
Turning Point Church

PRESENTATIONS
Community Spirit Award
Norco Armory, David Burwell
Mayor Pro Tem Grundmeyer presented the Community Spirit award to Norco Armory, David Burwell for his dedication to community service and to the betterment of the City of Norco.

Proclamation
Black History Month
Mayor Newton called upon Pastor Fred Griffin from the Church of the Open Door, Michelle Sawyer from Extensions of Beauty, and Demetria Barnes from Infinity Beauty Supply to present each of them with a Proclamation recognizing February 2022 as Black History Month.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.

2. CONSENT CALENDAR
Approval of Consent Calendar
Council Member Bash pulled item 2G for discussion.

M/S BASH/NEWTON approve the remainder of the Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

City Council Minutes - February 16, 2022

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of February 2, 2022

2.C. Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19) 30- day review.

Action: the City Council reviewed the Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19), continued Local Emergency and directed staff to return to City Council in thirty days, or soon thereafter, for review until emergency is terminated.

2.D. Recap of Actions Taken by the Planning Commission at its Meeting Held on February 9, 2022
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on February 9, 2022.

2.E. Acceptance of 3.0 MG Reservoir 1 Replacement Project as Complete Action: Accepted the 3.0 MG Reservoir 1 Replacement Project as completed and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

2.F. CalRecycle SB1383 Local Assistance Grant Program
Action: Adopted Resolution No. 2022-10, authorizing staff to submit an application for payment of grant funds the City of Norco is eligible to receive under SB 1383 Local Assistance Grant Program.

2.H. Acceptance of Bids and Award of Contract for the Bronco Lane Waterline Project Kevin
Ted

City Council Minutes - February 16, 2022
Action: accepted bids, awarded a contract to Tryco General Engineering for the Bronco Lane Waterline Project in the amount of $794,937, and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.

2.I. New Observance Request: Red Cross Month
Action: Approved the subcommittee's recommendation to recognize Red Cross Month

2.J. California Water and Wastewater Arrearage Payment Program Grant Action: Adopted Resolution No. 2022-11, for the California Water and Wastewater Arrearage Payment Program Grant to:

1. Authorize the Finance Director to apply for, receive moneys from the State Water Resources Control Board and accept the California Water and Wastewater Arrearage Payment Program Grant;

2. Authorize the Finance Director to waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period, from March 4, 2020, through June 15, 2021, in their entirety; and

3. Direct the Finance Director to apply all program funding received to delinquent water and wastewater utility accounts that had water and wastewater utility arrearages incurred during the COVID-19 pandemic relief period and complete all other program requirements as specified in the program guidelines.

2.K. Amend Fiscal Years (FY) 2022-2026 Capital Improvement Program (CIP) to include additional Measure R funding for the Center Avenue Street Improvements Project, and acceptance of bids and award of Contract for the Center Avenue Street Improvements Project
Action: Adopted Resolution No. 2022-12 to increase Measure R funding in the amount of $250,000 for the Center Avenue Street Improvements Project. Accepted bids and awarded a contract to Hardy & Harper, Inc. for the Center Avenue Street Improvements Project in the amount of $594,300; and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.

2.L. Appropriation of Additional Funds from Measure R Fund to Cover Cost of Design and Soils Testing for the Wayne Makin Master Plan Project.

Action: Adopted Resolution No. 20212-13 to appropriate additional Measure R Funds (132) in the amount of $7,557 to cover the cost of the Wayne Makin Master Plan Project.

3. ITEM(S) PULLED FROM CONSENT CALENDAR

City Council Minutes - February 16, 2022

2.G. Equestrian Trail License Agreement on Crestview Drive Debris Basin Site M/S NEWTON/BASH Approve the License Agreement between the City of Norco and Riverside County Flood Control & Water Conversation District for an Equestrian Trail Easement on Crestview Drive Debris Basin Site. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

4. PUBLIC COMMENTS

5. DISCUSSION / ACTION ITEM(S)

5.A. Recommendation by the Parks and Recreation Commission for Placement of a Backstop at Wayne Makin Field 3 in Honor of Lou Rivera.

Recreation and Community Services Superintendent Gonzalez presented report regarding the placement of a Backstop at Wayne Makin Field 3 in Honor of Lou Rivera.

The Mayor and City Council Members had questions and all spoke in support of the placement of the Backstop in Honor of Lou Rivera.

Mayor Newton opened public comment.

There was not public comment at this time.

Mayor Newton closed public comment.

Following discussion motion was made
M/S NEWTON/BASH Approve the placement of a backstop at Wayne Makin Field 3 in honor of Lou Rivera. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

City Council Minutes - February 16, 2022

5.B. Appointments to Parks and Recreation Commission and Economic Development Advisory Council for unscheduled vacancies
City Clerk Roa presented the report regarding the appointments to Parks and Recreation Commission and Economic Development Advisory Council for unscheduled vacancies.

Mayor Newton opened Public Comment

Applicant Kathryn Grossman introduced herself, shared her interest in serving the City and reviewed her qualifications.

Applicant Julie Langlois introduced herself, shared her interest in serving the City and reviewed her qualifications.

Applicant Aimee Muro introduced herself, shared her interest in serving the City and reviewed her qualifications.

Applicant Geoff Kahan introduced himself, shared his interest in serving the City and reviewed his qualifications.

Mayor Newton closed Public Comment.

The Mayor and City Council had questions related to the Economic Development Advisory Council applications.

City Clerk Roa and City Attorney Harper answered their questions and addressed their concerns.

City Clerk Roa provided ballots to the Mayor and City Council for their appointments.

Parks and Recreation Commission:

Geoffrey Kahan - 2 Votes, Council Member Hoffman and Council Member Bash Kathryn Grossman - 3 Votes, Mayor Newton, Mayor Pro Tem Grundmeyer and Council Member Aleman

Katheryn Grossman was appointed to the Park and Recreation Commission for term ending June 2023

Economic Development Advisory Council
Aimee Muro - 3 Votes, Mayor Newton, Council Member's Bash and Hoffman Kathryn Grossman - 1 Vote, Council Member Aleman

City Council Minutes - February 16, 2022
Mayor Pro Tem Grundmeyer abstained.

Aimee Muro was appointed to the Economic Development Advisory Council for term ending June 2025.

5.C. Adoption of the 2022 Strategic Plan

City Manager Okoro presented the 2022 Strategic Plan. He presented five strategic directions that will be addressed from 2022-2026, including Infrastructure and Asset Management, Human Capital, Economic Development and Financial Stability, Communication and Stakeholder Experience, and Public Health, Safety and Wellness. He detailed the corresponding action plans under each strategic direction and reviewed comments he received from each of the Commission/Committees/Advisory Council.

The Mayor, Mayor Pro Tem and City Council Members asked questions and provided feedback the Strategic Plan as presented.

Mayor Newton opened public comments.

There were no public comments at this time.

Mayor Newton closed public comments.

Following further discussion motion was made.

M/S BASH/GRUNDMEYER Adopt the 2022 Strategic Plan, with moving SMART Goal 5 Public Health, Safety and Wellness to number 1. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5.D. Potential Selection of Consultant for State Legislative Advocacy Services

City Manager presented report regarding the selection of a consultant to provide State Legislative Advocacy Services for the City.

City Council Minutes - February 16, 2022
Mayor Newton, Mayor Pro Tem Grundmeyer and Council Members asked questions and discussed concern regarding the services and cost for each of the proposals.

City Manager Okoro reviewed costs and services of each of the proposals.

Mayor Newton opened public comment.

There was no public comments at this time.

Mayor Newton closed public comment.

Following further discussion motion was made.

M/S BASH/HOFFMAN to select Joe A. Gonsalves and Son for one year and appropriating time for each Council Member to meet with Advocate. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa discussed volunteering for Committees and Commission.

Council Member Hoffman thanked Council Member Grundmeyer for the FFA dinner and thanked the community for great. He invited everyone to Ingalls Park for Barrel Race and Roping for Breast Cancer Research February 18-20. He asked that Chad help with Bonnie Slager situation on the trash and parkways.

Mayor Pro Tem Grundmeyer discussed the Barn Dance FFA fundraiser event stating it was an excellent event and how much she appreciated Norco and the donations of 47 thousand dollars for the FFA program.

Council Member Aleman asked for an update on the tree grant program at a future meeting and asked about applications for commissions including requirements to read the bylaws.

Council Member Bash discussed the tree-planting program.

Public Works Director Blais spoke regarding the tree-planting program.

City Council Minutes - February 16, 2022
Public Works Director Blais updated about projects, being proactive, discussed next phase on improving trails.

Mayor Newton asked staff to report back on Mr. McGregor’s issue with Wastemanagment.

City Manager Okoro congratulated Recreation/Community Services Superintendent Alejandra Gonzalez on her promotion.
a) Add adopting a Resolution opposing Initiative 21-0042A1 to next City Council Agenda.

Council Member Bash requested that staff bring a Resolution for adoption to the next City Council meeting opposing a measure that created new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources.

M/S BASH/NEWTON to have staff prepare a Resolution for adopting at the next City Council meeting opposing Initiative 21-0042A1 The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7. ADJOURNMENT
Mayor Newton closed the City Council meeting at 9:56 p.m. with a moment of silence in honor of Karl Edward Scott US Army Medic, Vietnam Veteran and Norco resident of 22 years.

_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: March 2, 2022 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Appointments to the Southern California Association of Governments (SCAG) General Assembly Meeting to be Held on May 5-6, 2022.

RECOMMENDATION:

Adopt Resolution No. 2022-14, appointing Council Member Kevin Bash as the delegate and Council Member Katherine Aleman as the alternate for the Southern California Association of Governments General Assembly Meeting on May 5-6, 2022.

SUMMARY:

The Southern California Association of Governments (SCAG) General Assembly meeting will be held in May of 2022 and, as a member of SCAG, the City Council is requested to appoint a delegate and alternate to represent the City of Norco at this annual meeting.

BACKGROUND:

SCAG will be holding its General Assembly meeting on May 5-6, 2022, in Desert Hot Springs, California. SCAG’s Regional Conference and General Assembly is where more than 900 local leaders throughout Southern California convene to discuss the question of how to maximize opportunities and meet the challenges of a region that is expected to add four million people over the next 25 years. Each year, SCAG’s member cities select a delegate and alternate to represent their city to participate in this annual meeting. The City’s representative will have the opportunity to propose any policy matter for determination by the General Assembly or to propose revisions to the SCAG Bylaws.

Council Member Kevin Bash has been recommended as the delegate and Council Member Katherine Aleman as the alternate. Following approval, the City Clerk will submit the fully executed Resolution to SCAG.

FISCAL IMPACT:

No financial impact as a result of this action.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #2 Community Outreach: Engage with the community through excellent customer service, communication and programs.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Resolution No. 2022-14

RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, APPOINTING ONE DESIGNEE AND ONE ALTERNATE

TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
2022 REGIONAL CONFERENCE AND GENERAL ASSEMBLY
WHEREAS, the annual Southern California Association of Governments (SCAG) Regional Conference and General Assembly is where more than 900 local leaders throughout Southern California convene to address regional issues and maximize opportunities; and
WHEREAS, the City of Norco is recommended to appoint representatives to SCAG’s General Assembly to propose any policy matter for determination by the General Assembly or to propose revisions to the SCAG Bylaws; and WHEREAS, on March 2, 2022 the City Council appointed Council Member Kevin Bash as the City’s delegate and Council Member Katherine Aleman as the City’s alternate for the SCAG 2022 General Assembly.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Norco of the following:

1. Council Member Kevin Bash shall serve as the City’s delegate for SCAG’s 2022 General Assembly; and

2. Council Member Katherine Aleman shall serve as the City’s alternate delegate for SCAG’s 2022 General Assembly.

PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held March 2, 2022.
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Resolution No. 2022-14 – Appointment to SCAG2022 Regional Conference and General Assembly

March 2, 2022
I, Dana Roa, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on March 2, 2022, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Norco, California on March 2, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: March 2, 2022 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of bids and award of Contract for the Dales Drive and Parkridge Avenue Street Improvements Project.

RECOMMENDATION:

Accept bids and award a contract to All American Asphalt for the Dales Drive and Parkridge Avenue Street Improvements Project in the amount of $512,465; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Dales Drive and Parkridge Avenue Street Improvements Project were opened on February 3, 2022, with All American Asphalt of Corona, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to All American Asphalt in the amount of $512,465 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the Dales Drive and Parkridge Avenue Street Improvements Project were advertised on January 7, 2022 with a bid opening date of February 3, 2022.

A total of nine (9) bids were received with proposals ranging in value from $512,465 to $769,450. The bid summary analysis has been attached for Council’s review (see attached Bid Summary). The Dales Drive and Parkridge Avenue Street Improvements Project consists of cold mill and overlay, full depth asphalt construction, new curb & gutter and other various improvements on Dales Drive and Parkridge Avenue (see attached Project Exhibit).

Staff has reviewed all the bids submitted and determined that All American Asphalt of Corona, California as being the lowest responsible bidder in the amount of $512,465 (see attached Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor

has the experience to complete the required construction activities for the Dales Drive and Parkridge Avenue Street Improvements Project.

Staff is recommending that City Council accept bids and award a contract to All American Asphalt in the amount of $512,465 and authorize the City Manager to approve contract change orders up to 10% of the total bid amount.

FISCAL IMPACT:

The Dales and Parkridge Avenue Pavement Project was approved as a Measure R Project for Fiscal Year 2021-2022. Funds in the amount of $630,000 for design and construction (54900.4; 132.930.43160 and 132.930.43160.30) are sufficient to fund the lowest bidder bid amount including the 10% contingency.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Dales Drive and Parkridge Avenue Street Improvements Project is consistent with Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and other capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Bid Summary
Project Exhibit
Bid Submitted
Contract

Company Name / Address BID
LC Paving
620 Alpine Way
Escondido, CA 92029 $ 708,337.05
I.E. General Engineering
1440 Beaumont Ave # A2-130
Beaumont, CA 92223 $ 579,882.50
Onyx Paving Company, Inc.
2890 E La Cresta Ave
Anaheim, CA 92806 $ 576,000.00
The R.J. Noble Company
15505 E Lincoln Ave
Orange, CA 92856 $ 635,607.00
Hardy & Harper, Inc
32 Rancho Circle
Lake Forest, CA 92630 $ 685,000.00
All American Asphalt
PO Box 2229
Corona, CA 92878-2229 $ 512,465.00
Copp Contracting, Inc.
6751 Stanton Ave
Buena Park, CA 90621 $ 549,317.50
Vance Corporation
17761 Slover Ave
Bloomington, CA 92316 $ 769,449.50
Roadway Engineering & Construction
PO Box 7714
Norco, CA 92860 $ 692,570.00
$ -
$ -
$ -
City of Norco
Dales Dr/Parkridge Ave Street Improvement Project
February 3, 2022 - 10:00 A.M.

BID SUMMARY SHEET

DALES DRIVE & PARKRIDGE AVE

STREET IMPROVEMENTS

ITEM QUANTITY UNIT DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) $15,000.00 $15,000.00 $15,000.00 $15,000.00 $13,000.00 $13,000.00 $20,000.00 $20,000.00 $15,000.00 $15,000.00 $10,488.00 $10,488.00 2 1 LS TRAFFIC CONTROL AT $14,000.00 $14,000.00 $10,800.00 $10,800.00 $27,000.00 $27,000.00 $25,000.00 $25,000.00 $45,000.00 $45,000.00 $73,000.00 $73,000.00 3 1 LS

CONSTRUCTION STAKING & MONUMENT PRESERVATION
AT $25,000.00 $25,000.00 $9,800.00 $9,800.00 $24,000.00 $24,000.00 $8,000.00 $8,000.00 $19,000.00 $19,000.00 $24,000.00 $24,000.00 4 1 LS COMPACTION TESTING FOR STREET CONSTRUCTION AT $13,000.00 $13,000.00 $14,400.00 $14,400.00 $7,000.00 $7,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00 5 1 LS GENERAL GRADING & UNCLASSIFIED EXCAVATION $8,800.00 $8,800.00 $14,000.00 $14,000.00 $105,000.00 $105,000.00 $10,000.00 $10,000.00 $22,000.00 $22,000.00 $19,000.00 $19,000.006 46,200 SF SAWCUT & REMOVE EXISTING A.C. PAVEMENT & BASE TO
A DEPTH OF 10" BELOW PROPOSED SURFACE $1.48 $68,376.00 $1.70 $78,540.00 $0.84 $38,808.00 $1.40 $64,680.00 $1.20 $55,440.00 $1.26 $58,212.00 7 2,200 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT, BACKFILL
WITH NATIVE, & GRADE TO DRAIN AT $2.00 $4,400.00 $4.00 $8,800.00 $5.00 $11,000.00 $2.50 $5,500.00 $1.20 $2,640.00 $4.00 $8,800.00 8 1,150 SF REMOVE EXISTING CONCRETE DRIVEWAY $3.60 $4,140.00 $4.50 $5,175.00 $6.00 $6,900.00 $2.25 $2,587.50 $4.20 $4,830.00 $4.00 $4,600.00 9 110 SF REMOVE EXISTING BRICK PAVERS $7.30 $803.00 $7.00 $770.00 $10.00 $1,100.00 $20.00 $2,200.00 $4.20 $462.00 $4.00 $440.00 10 85 LF REMOVE EXISTING CURB & GUTTER AT $13.00 $1,105.00 $30.00 $2,550.00 $22.00 $1,870.00 $15.00 $1,275.00 $22.00 $1,870.00 $19.00 $1,615.00 11 235 LF REMOVE EXISITING EQUESTRIAN FENCE $24.00 $5,640.00 $30.00 $7,050.00 $15.00 $3,525.00 $15.00 $3,525.00 $30.00 $7,050.00 $41.00 $9,635.00 12 4 EA REMOVE & REPLACE MAILBOX $840.00 $3,360.00 $600.00 $2,400.00 $300.00 $1,200.00 $450.00 $1,800.00 $700.00 $2,800.00 $1,000.00 $4,000.00 13 17 EA

ADJUST EXISTING MANHOLE FRAME & COVER TO
FINISHED SURFACE PER CITY OF NORCO STD. DWG NO. 535 $918.00 $15,606.00 $590.00 $10,030.00 $1,000.00 $17,000.00 $1,400.00 $23,800.00 $600.00 $10,200.00 $740.00 $12,580.00 14 12 EA
ADJUST EXISTING VALVE CAN & COVER TO FINISHED SURFACE $700.00 $8,400.00 $425.00 $5,100.00 $200.00 $2,400.00 $550.00 $6,600.00 $250.00 $3,000.00 $500.00 $6,000.00 15 45,000 SF COLD MILL 1.5" EXISTING AC PAVEMENT AT $0.20 $9,000.00 $0.28 $12,600.00 $0.24 $10,800.00 $0.40 $18,000.00 $0.27 $12,150.00 $0.28 $12,600.00 16 900 CY CONSTRUCT 6" CLASS 2 AGGREGRATE BASE AT $26.00 $23,400.00 $45.00 $40,500.00 $37.00 $33,300.00 $80.00 $72,000.00 $36.00 $32,400.00 $35.00 $31,500.00 17 775 TON CONSTRUCT 2.5 AC B-PG 64-10 BASE $74.00 $57,350.00 $76.50 $59,287.50 $74.47 $57,714.25 $105.00 $81,375.00 $78.00 $60,450.00 $71.00 $55,025.0018 475 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY $74.00 $35,150.00 $74.80 $35,530.00 $74.47 $35,373.25 $105.00 $49,875.00 $78.00 $37,050.00 $72.00 $34,200.00 19 600 TON CONSTRUCT 2" AC C2-PG 64-10 OVERLAY $74.00 $44,400.00 $74.80 $44,880.00 $74.47 $44,682.00 $105.00 $63,000.00 $78.00 $46,800.00 $72.00 $43,200.0020 150 SF CONSTRUCT 4" AC DRIVEWAY AT $8.00 $1,200.00 $7.00 $1,050.00 $20.00 $3,000.00 $24.00 $3,600.00 $25.00 $3,750.00 $22.00 $3,300.00 21 20 LF
CONSTRUCT 6 A.C. BERM PER SPPWC STD PLAN 120 2,
DETAIL D1-6 & PROVIDE 5' TRANSITION FROM 6" CURB FACE AT THE END OF BERM $132.00 $2,640.00 $90.00 $1,800.00 $20.00 $400.00 $45.00 $900.00 $250.00 $5,000.00 $200.00 $4,000.00 22 1,800 LF
CONSTRUCT 6" CURB & GUTTER TYPE C PER CITY OF NORCO STND DWG NO. 200 $27.00 $48,600.00 $41.00 $73,800.00 $27.00 $48,600.00 $22.00 $39,600.00 $70.00 $126,000.00 $73.00 $131,400.00 23 5 SF
CONSTRUCT 6" CURB & GUTTER TYPE B PER CITY OF NORCO STND DWG NO. 200 $110.00 $550.00 $54.00 $270.00 $27.00 $135.00 $30.00 $150.00 $70.00 $350.00 $172.00 $860.00 24 10 LF
REMOVE EXISTING & CONSTRUCT CURB TRANSITION PER CITY OF NORCO STND DWG NO. 215 $57.00 $570.00 $75.00 $750.00 $66.00 $660.00 $40.00 $400.00 $70.00 $700.00 $118.00 $1,180.00 25 65 LF
CONSTRUCT 6" CURB TYPE A PER CITY OF NORCO STND DRWG. NO 200 $35.00 $2,275.00 $35.00 $2,275.00 $27.00 $1,755.00 $25.00 $1,625.00 $65.00 $4,225.00 $69.00 $4,485.00 26 1,800 SF

REMOVE EXISTING & CONSTRUCT RESIDENTAL
DRIVEWAY APPROACH PER CITY OF NORCO STND DWG NO. 240 $13.00 $23,400.00 $13.00 $23,400.00 $9.50 $17,100.00 $7.00 $12,600.00 $14.00 $25,200.00 $16.00 $28,800.00 27 1,600 SF

REMOVE EXISTING & CONSTRUCT RESIDENTAOL
DRIVEWAY APPROACH PER CITY OF NORCO STND DWG NO. 245 $13.00 $20,800.00 $17.00 $27,200.00 $9.50 $15,200.00 $7.00 $11,200.00 $14.00 $22,400.00 $15.00 $24,000.00 28 2 EA
REMOVE EXISTING 7 CONSTRUCT CURB RAMP PER SPPWC STND PLAN NO. 111-5, CASE & TYPE PER PLAN $3,700.00 $7,400.00 $5,700.00 $11,400.00 $7,000.00 $14,000.00 $4,000.00 $8,000.00 $3,000.00 $6,000.00 $6,700.00 $13,400.00 29 860 SF
CONSTRUCT CROSS GUTTER & SPANDREL PER CITY OF NORCO STD. DRAWING NO. 225 $27.00 $23,220.00 $23.00 $19,780.00 $16.00 $13,760.00 $14.00 $12,040.00 $35.00 $30,100.00 $30.00 $25,800.00 30 660 SF CONSTRUCT 6" PCC DRIVEWAY AT $23.00 $15,180.00 $13.00 $8,580.00 $13.00 $8,580.00 $7.50 $4,950.00 $14.00 $9,240.00 $18.00 $11,880.00 ALL AMERICAN ASPHALT COPP CONTRACTING ONYX PAVING I.E. GENERAL ENGINEERING RJ NOBLE HARDY & HARPER

BID SUMMARY SHEET

DALES DRIVE & PARKRIDGE AVE

STREET IMPROVEMENTS

ITEM QUANTITY UNIT DESCRIPTION

BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) 2 1 LS TRAFFIC CONTROL AT3 1 LS

CONSTRUCTION STAKING & MONUMENT PRESERVATION
AT
4 1 LS COMPACTION TESTING FOR STREET CONSTRUCTION AT5 1 LS GENERAL GRADING & UNCLASSIFIED EXCAVATION 6 46,200 SF SAWCUT & REMOVE EXISTING A.C. PAVEMENT & BASE TO
A DEPTH OF 10" BELOW PROPOSED SURFACE
7 2,200 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT, BACKFILL

WITH NATIVE, & GRADE TO DRAIN AT
8 1,150 SF REMOVE EXISTING CONCRETE DRIVEWAY
9 110 SF REMOVE EXISTING BRICK PAVERS
10 85 LF REMOVE EXISTING CURB & GUTTER AT11 235 LF REMOVE EXISITING EQUESTRIAN FENCE12 4 EA REMOVE & REPLACE MAILBOX 13 17 EA

ADJUST EXISTING MANHOLE FRAME & COVER TO
FINISHED SURFACE PER CITY OF NORCO STD. DWG NO. 535
14 12 EA

ADJUST EXISTING VALVE CAN & COVER TO FINISHED SURFACE
15 45,000 SF COLD MILL 1.5" EXISTING AC PAVEMENT AT16 900 CY CONSTRUCT 6" CLASS 2 AGGREGRATE BASE AT17 775 TON CONSTRUCT 2.5 AC B-PG 64-10 BASE18 475 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY 19 600 TON CONSTRUCT 2" AC C2-PG 64-10 OVERLAY20 150 SF CONSTRUCT 4" AC DRIVEWAY AT21 20 LF CONSTRUCT 6 A.C. BERM PER SPPWC STD PLAN 120 2,
DETAIL D1-6 & PROVIDE 5' TRANSITION FROM 6" CURB FACE AT THE END OF BERM 22 1,800 LF
CONSTRUCT 6" CURB & GUTTER TYPE C PER CITY OF NORCO STND DWG NO. 200 23 5 SF
CONSTRUCT 6" CURB & GUTTER TYPE B PER CITY OF NORCO STND DWG NO. 200 24 10 LF
REMOVE EXISTING & CONSTRUCT CURB TRANSITION PER CITY OF NORCO STND DWG NO. 215 25 65 LF
CONSTRUCT 6" CURB TYPE A PER CITY OF NORCO STND DRWG. NO 200 26 1,800 SF

REMOVE EXISTING & CONSTRUCT RESIDENTAL
DRIVEWAY APPROACH PER CITY OF NORCO STND DWG NO. 240
27 1,600 SF

REMOVE EXISTING & CONSTRUCT RESIDENTAOL
DRIVEWAY APPROACH PER CITY OF NORCO STND DWG NO. 245
28 2 EA
REMOVE EXISTING 7 CONSTRUCT CURB RAMP PER SPPWC STND PLAN NO. 111-5, CASE & TYPE PER PLAN 29 860 SF
CONSTRUCT CROSS GUTTER & SPANDREL PER CITY OF NORCO STD. DRAWING NO. 225 30 660 SF CONSTRUCT 6" PCC DRIVEWAY AT

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$20,000.00 $20,000.00 $12,598.13 $12,598.13 $0.00 $0.00 $10,000.00 $10,000.00 $11,685.58 $11,685.58 $0.00 $0.00 $15,000.00 $15,000.00 $16,754.86 $16,754.86 $0.00 $0.00 $10,000.00 $10,000.00 $4,579.66 $4,579.66 $0.00 $0.00
$100,000.00 $100,000.00 $27,490.65 $27,490.65 $0.00 $0.00 $1.50 $69,300.00 $1.30 $60,060.00 $0.00 $0.00
$5.00 $11,000.00 $9.54 $20,988.00 $0.00 $0.00
$8.00 $9,200.00 $5.54 $6,371.00 $0.00 $0.00
$15.00 $1,650.00 $14.12 $1,553.20 $0.00 $0.00
$10.00 $850.00 $35.95 $3,055.75 $0.00 $0.00
$5.00 $1,175.00 $53.13 $12,485.55 $0.00 $0.00
$300.00 $1,200.00 $508.65 $2,034.60 $0.00 $0.00
$1,150.00 $19,550.00 $1,898.88 $32,280.96 $0.00 $0.00
$150.00 $1,800.00 $631.10 $7,573.20 $0.00 $0.00
$0.32 $14,400.00 $0.28 $12,600.00 $0.00 $0.00
$63.00 $56,700.00 $56.41 $50,769.00 $0.00 $0.00$91.00 $70,525.00 $94.92 $73,563.00 $0.00 $0.00 $104.00 $49,400.00 $107.52 $51,072.00 $0.00 $0.00$104.00 $62,400.00 $99.43 $59,658.00 $0.00 $0.00 $6.00 $900.00 $14.02 $2,103.00 $0.00 $0.00
$15.00 $300.00 $108.48 $2,169.60 $0.00 $0.00$42.00 $75,600.00 $48.29 $86,922.00 $0.00 $0.00$42.00 $210.00 $203.75 $1,018.75 $0.00 $0.00$42.00 $420.00 $253.15 $2,531.50 $0.00 $0.00$42.00 $2,730.00 $62.00 $4,030.00 $0.00 $0.00 $15.00 $27,000.00 $29.47 $53,046.00 $0.00 $0.00$15.00 $24,000.00 $30.04 $48,064.00 $0.00 $0.00 $5,000.00 $10,000.00 $4,553.71 $9,107.42 $0.00 $0.00
$12.00 $10,320.00 $15.15 $13,029.00 $0.00 $0.00
$9.00 $5,940.00 $11.10 $7,326.00 $0.00 $0.00

ROADWAY ENGINEERING LC PAVING VANCE CORPORATION

BID SUMMARY SHEET

DALES DRIVE & PARKRIDGE AVE

STREET IMPROVEMENTS

ITEM QUANTITY UNIT DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL ALL AMERICAN ASPHALT COPP CONTRACTING ONYX PAVING I.E. GENERAL ENGINEERING RJ NOBLE HARDY & HARPER 31 1 LS
INSTALL THERMOPLSTIC STRIPING, MARKINGS & LEGENDS $9,700.00 $9,700.00 $9,800.00 $9,800.00 $11,137.50 $11,137.50 $10,600.00 $10,600.00 $9,500.00 $9,500.00 $9,000.00 $9,000.00 BASE BID TOTAL: $512,465.00 $557,317.50 $576,000.00 $579,882.50 $635,607.00 $685,000.00

BID SUMMARY SHEET

DALES DRIVE & PARKRIDGE AVE

STREET IMPROVEMENTS

ITEM QUANTITY UNIT DESCRIPTION
31 1 LS

INSTALL THERMOPLSTIC STRIPING, MARKINGS & LEGENDS
BASE BID TOTAL:

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

ROADWAY ENGINEERING LC PAVING VANCE CORPORATION
$11,000.00 $11,000.00 $11,816.64 $11,816.64 $0.00 $0.00 $692,570.00 $708,337.05 $0.00

PROJECT
"--—_.J
DALES D.*'\’I"-“E I
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L-IIIII1 I Iii!‘ l'l'.l'II"
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NORTH
IV .|..IJ.

B|DDER'3 NAME; AllAmerican Asphalt
400 East Sixth Street, Corona, CA, 92879

CITY OF NORCO

PROPOSAL
FOR

DALES DRIVEAND PARKRIDGEAVENUESTREET IMPROVEMNTSPROJECT TO CITY OF NORCO, as AGENCY:

In accordance with AGENCY’S“Notice InvitingSealed Bids," the undersigned BIDDE R
hereby proposes to furnish all materials, equipment, tools, labor, and incidentalsrequired for the above stated project as set forth in the Plans, Specifications, and Contract Documentstherefore, and to perform all work in the manner and time prescribed therein.

BIDDERdeclares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDERagrees to enter into a Contract with the AGENCYat the unit and/or lump sum prices set forth in the followingProposal Bid Sheet. BIDDERunderstands that failure to enter into a Contract in the manner and time prescribed willresult inforfeitur e
to AGENCYof the Bid Bond accompanying this proposal.

BIDDERunderstands that a bid is required forthe entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely forthe purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDERagrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employerto be insured against liabilityforworkman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

BIDDERcertifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. BIDDERdeclares in the attached Non-CollusionAffidavitthat the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation P-1

making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action willremain in effect for the life of any contract awarded hereunder. Furthermore, BIDDERcertifies that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.

DATED: , 2022 BIDDER: AllAmerican Asphalt
PHONE; 951 736-7600
T|T|_E; Edward J. Carlson, Vice President
B|DDER's ADDRESS; 400 East Sixth Street, Corona, CA, 92879 BY

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1489 A notary public or other officer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached. and not the truth?ilness. accuracv. or validitv of that document. 22:!
MyComm.ExpiresNov20, 2024

RIGHT THUMBPRINT OF SIGNER

RIGHT THUMBPRINT OF SIGNER
State of California
County of Riverside
Janua 27 2022
Date On before me,
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/slaealthey executed the same in his/herltheir authorized capacity(les),
signature(s) on the instrument the person(s), or the entity upon behalf Sarah Amanda Lan le Notar Public , HSFSInsert name and Title Ofthe Of?cer Edward J. Carlson Name(s-)-of Signer(3)-
9 and that by his/heialtheir
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 forgoing paragraph is true and correct.

WITNES
Signatu
Place Notary Seal Above OPTIONAL
hand and of?ci seal.

Si nau f otary 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.

Description of Attached Document
Title or Type of Document City of Norco Proposal
01/27/2022
Signer(s) Other Than Named Above:

Document Date:

Capacity(ies) Claimed by Signer(s-)
Signer’s Name: Edward J. Carlson
El Individual
)( Corporate Of?cer — Title(s):

Partner Ll El Limited :3 General
Vice President
El Attorney in Fact
D Trustee Top of thumb here
El Other:

Signer is Representing:

AllAmerican As halt
Number of Pages: 1
Signer‘s Name: N/A
El individual
Corporate Of?cer — Title(s):

Partner D a Limited El General
Attorney in Fact
El Trustee
o Other: MA
Signer is Representing:

N/A
Top of thumb here

SARAHAMANDALANGL
NotaryPublic- Californi EY
RiversideCounty a Commission# 2337877

\\

ASPHALT

AMERICAN

AN FOLEALOPPORTUNITYEMPLOYE

ALLAMERICANASPHAL

ALLAMERICAN AGGREGATE T
T 9S1—736~7600 S F 951-739-4671
PO. BOX2229.CORONA.CA 92878»2229
'"ONTRACTORSLICENSE#267073 AC12
DIR #10000O1051
Resolved, that this Corporation, All American Asphalt, on January 3, 2022 authorizes Edward J. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice President.

MichcielFarkas, ecretary

CORPORATE RESOLUTION

BIDDERcertifies that the following information is true and correct:

Bjdde;-'3 Name; AllAmerican Asphalt
Business Address; 400 East Sixth Street, Corona, CA, 92879 B|DDER'S INFORMATION
Allcurrent and prior DBA's, alias, and/orfictitious business names for any principal having an interest in this proposal are as follows:
**N!A**
State Contractor's License No. and Class: 267073 Class A, C-12 Original Date Issued: 01/19/1971 Expiration Date: 01/31/2024 The following are the names, titles, addresses, and phone numbers of all individuals, fir members, partners, joint venturers, and/or corporate officers having a principal interestmi this proposal: n
Edward J. Carlson, Vice President; 400 East Sixth Street, Corona, CA 92879; (951) 736-7600 Michael Farkas, Secretary; 400 East Sixth Street, Corona, CA 92879; (951) 736-7600 Mark Luer, President; 400 East Sixth Street, Corona, CA 92879; (951) 736-7600 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
**NlA*t
P-3
Telephone; 951-736-7600

éflll?l
:..u...u.. 01/31/2024 wvwv.cslb.ca.gov
In-mntlonuu A C12

CECE CONTRACTORS
STATE LICENSEBOARD -~--~~-----~- ACTIVELICENSE
LieInuNumhor267073 Entity .......... Nnnu ALLAMERICANASPHALT CSLB

Registration History
Effective Date Expiration Date
5/11/2018 6/30/2019
5/8/2017 6/30/2018
5/2/2016 6/30/2017
6/9/2015 6/30/2016
8/25/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2023
Contractor Information
Legal Entity Name

ALLAMERICANASPHALT
Legal Entity Type
Corporation
Status
Active
Registration Number
1000001051
Registration e?'ective date
7/ 1/2020
Registration expiration date
6/30/2023
Mailing Address
PO BOX 2229 CORONA 92878 CA United States
Physical Address
400 E SIXTHST CORONA 92879 CA United State...

Email Address
Trade Name/DBA
License Number(s)
CSLB:267073
CSLB:267073
Legal Entity Information
Corporation Number:
057879
Federal Employment Identi?cation Number:

President Name:

MARKLUER
Vice President Name:

EDWARDJ CARLSON
Treasurer Name:

MICHAELFARKAS
Secretary Name:

MICHAELFARKAS
CEO Name:

Agent of Service Name:

MICHAELFARKAS
Agent of Service Mailing Address:
400 ESIXTHST CORONA 92879 CA United States of America
Workers Compensation

1:

Do you lease employees No
through Professional
Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO PEO PEO
PEO InformationName Phone Email
Insured by Carrier
Policy Holder Name:ALL AMERICAN ASPHALTInsurance Carrier:

ZURICH AMERICANINSURANCE COMPANYPolicyNumber:WC593205701Inception date:
7/31/2019Expiration Date:8/30/2020

Address or Name of Firm.

Business Address:

CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of Californiaproviding for the registration of Contractors.

Contractor's License Number: 257073
Name of Individual Contractor (Print or Type):

Name: Title:

Address:

Name:

Address or Name of Corporation: A” America" Asphalt
Business Address; 400 East Sixth Street, Corona, CA 92879 Corporation organized under the laws of the State of Ca“f0mia Signature of ecretary of Corporation
Michael Farkas, Secretary
Signature of President of Corporation
Mark Luer, President
Title:

Signature of Owner
Business:

207/'2»

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor
Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
Ca5{Lo-of
.$vI~/‘V/#15/..c. L5°/ I ( /000a//5'33’ 0/6 (4 5‘/“W ‘ /9?1 (- K7’°”"< 574656 /oaoclotseiom 0+ Sfn‘e 197'/ ~
lfthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds forfiling a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor
AllAmerican Asphalt
Dated idder
Michael Farkas, Secretary Signatu re
Signature
Edward J. Carlson, Vice President

REFERENCES
The following are the names, addresses, and phone numbers forthree public agencies for which BIDDER has performed similar work within the past two years:
*Cityof Jurupa Valley; 8304 Limonite Ave Suite M, Jurupa Valley, CA 92509 Contact: Chase Keys; (951) 332-6464; Project Name Van Buren Blvd Pavement Rehab.-PH2 *Cityof Fontana; 8353 Sierra Avenue, Fontana, CA 92335
Contact: Kimberly Young; (909) 350-7632; Project Name: Citrus Avenue Improvements

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Surety: Fidelity and Deposit Compnay of Maryland
S. Figueroa St. #3900, Los Angeles, CA 90017; Phone: (213) 270-0600 *City of Stanton; 7800 Katella Avenue, Stanton CA, 90680 Contact: Guillermo Perez; (714) 890-4204; Project Name: 2019 Citywide Street Resurfacing Insurance: Edgewood Partners Insurance Center
3633 Inland Empire Blvd. Suite 640; Phone: (909) 919-7513 Agent: Foundation Risk Partners, Corporation dba. Millenniuum Risk Management & Insurance Servic 5530 Trabuco Rd., City of Irvine, CA 92620; Phone: (949) 857-4500 777

2020

PAST WORK
ithaineir@|omalinda—ca.~ov
bduhn zandkconsuItants.com
City of Ontario
303 East B Street
Ontario, CA 91764
Contact: Ariana Kern (909) 395-2129
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
Contact: T. Jarb Thaipejr (909) 799-4400
City of Jurupa Valley
8920 Limonite Avenue
Jurupa Valley, CA 92509
Contact: Chase Keys (951) 332-6464
County of Orange
601 N. Ross Street, 4”‘Floor
Santa Ana, CA 92701
Contact: Albert Rodriguez
City of Compton
205 S. Wiilowbrook Avenue
Compton, CA 90220
Contact: Brittany Duhn (Z & K Consultants)
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Contact: Joe Fuentes (714) 536-5259
2020 Fall Pavement Rehabilitation Project
Contract Amount: $2,499,333.00
Start Date: 07/2020
End Date: 12/2020
Pavement Rehabilitation — Barton Road
Contract Amount: $768,677.00
Start Date: 04/2020
End Date: 12/2020
Granite HillDrive Pavement Rehabilitation
Contract Amount: $999,777.00
Start Date: 04/2020
End Date: 10/2020
JOC Pavement Maintenance
Contract Amount: $2,584,747.69
Start Date: 07/2020
End Date: 08/2020
Annual Residential Street Rehabilitation
Phase 1
Contract Amount: $5,295,068.00
Start Date: 05/2020
End Date: 11/2020
Arterial Rehabilitation of Graham St, Slater
Ave, Newland St and Atlanta Ave
Contract Amount:-$5,181,955.00
Start Date: 05/2020
End Date: 11/2020 ifuentes@surfcity—hb.org
a|bert.rodri uez oc w.oc ov.com
ckeys@iurupavaI|ey. org
akern ontarioca. OV

matthewmaechler ventura.or
2020

PAST WORK REFERENCES
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Contact: Patricia Kharazmi (949) 644-3344
City of Westminster
8200 Westminster Boulevard
Westminster, CA 92683
Contact: Theresa Tran (714) 548-3460
Crescenta Valley Water District
2700 Foothill Boulevard
La Crescenta—Montrose, CA 91214
Contact: Brook Yared (818) 236-4117
City of Alhambra
111 S. 15‘Street
Alhambra, CA 91801
Contact: Robert Bias (626) 580-5000
County of Ventura
800 8. Victoria Avenue, #1600
Ventura, CA 93009
Contact: Matt Maechler (805) 477-1911
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
Contact: Thang Tran (805) 388-5345
Cameo Highlands Street Reconstruction
Contract Amount: $2,425,694.00
Start Date: 07/2020
End Time: 11/2020
Citywide Overlay Street Improvements
Contract Amount: $1,131,621
Start Date: 02/2020
End Date: 06/2020
Final Paving of Pennsylvania Ave
Contract Amount: $82,620.00
Start Date: 02/2020
End Date: 04/2020
2020 HUD Street improvements Project
Contract Amount: $300,433.00
Start Date: 06/2020
End Date: 10/2020
Yerba Buena Rd. (South) Pavement
Resurfacing
Contract Amount: $2,298,467.40
Start Date: 03/2020
End Date: 06/2020
Earl Joseph Drive Paving
Contract Amount: $681,901.50
Start Date: 06/2020
End Date: 07/2020
ttran cit ofcamari|lo.or
b ared cvwd.com
rbias cit ofaIhambra.or
kharazmi new ortbeachca. ov
ttran westminster.ca. ov

City of Norco
2870 CI k A
Norco 3;92‘gZ,”e FY 2019-2020 Slurry Sea! Project
Contact: Sam Nelson (951)270-5607 C°”"a°* A”‘°”“‘5 $147708-97 snelson ci.norco.ca.us Start Date: 06/2020
End Date: 12/2020
City of Orange Annual Slurry Seal FY 19-20 Various
300 E. Chapman Avenue Locations
Orange, CA 92886 Contract Amount: $377,737.78
Contact: Martin Varona (714) 744-5563 Start Date: 06/2020 [email protected] End Date: 12/2020
2020

PAST WORK

2019

PAST WORK
erez ci.stanton.ca.us
[email protected]
City of Simi Valley
2929 Tapo Canyon Rd.

Simi Valley, CA 93063
Contact: Sarah Sheshebor (805)583-6792
County of Ventura
501 Poli Street
Ventura, CA 93001
Contact: Christopher Solis (805) 654-2054
City of Stanton
7800 Katella Avenue
Stanton, CA. 90680
Contact: Guillermo Perez (714) 890-4204
City of Compton
205 S. Willowbrook Avenue
Compton, CA. 90220
Contact: John Strictland (310) 605-5505
'|[email protected]
City of San Clemente
910 Calle Negocio
San Clemente, CA. 92673
Contact: Darra Koger (949) 361-3138
City of South Gate
8650 California Avenue
South Gate, CA. 90280
Contact: John Rico (323) 563-9594
Simi Valley Minor Street Rehabilitation
Contract Amount: $510,124.25
Start Date: 07/2019
End Date: 08/2019
Yerba Buena Area Resurfacing Project
Contract Amount: $3,919,808.95
Start Date: 06/2019
End Date: 12/2019
2019 Citywide Street Resurfacing
Contract Amount: $1,206,869.00
Start Date: 10/2019
End Date: 12/2019
Road Repair Service (Pothole Repair)
Contract Amount: $1,019,100.00
Start Date: 08/2019
End Date: 11/2019
Street Rehabilitation for S. Avenue LA
Esperanza
Contract Amount: $384,055.00
Start Date: 09/2019
End Date: 10/2019
Circle Park Driveway Project
Contract Amount: $268,576.00
Start Date: 06/2019
End Date: 09/2019
ko erD san-cIemente.or
sshesheb simivalle .or
chris.so|is ventura.or

2019

PAST WORK
kalex drhorton.com
Pardee Homes
1250 Corona Pointe Court, Ste. 600
Corona, CA. 92879
Contact: Nick Lasher (951) 428-4442
City of Fontana
8353 Sierra Avenue
Fontana, CA. 92335
Contact: Kimberly Young (909) 350-7632
DR Horton
2280 Wardlow Circle Ste. 100
Corona, CA. 92880
Contact: Keith Alex (951) 830-5872
Irvine Community Development Company
550 Newport Center Dr. Ste. 550 B2
Newport Beach, CA. 92660
Contact: Mike Morse (949) 720-2560
City of Downey
11111 Brookshire Avenue
Downey, CA. 90241
Contact: Desi Gutierrez, (562) 904-7110
Railroad Canyon Widening
Contract Amount: $5,062,746.00
Start Date: 11/2018
End Time: 08/2019
Citrus Avenue Improvements
Contract Amount: $502,730.00
Start Date: 08/2018
End Date: 10/2019
Singiton Road
Contract Amount: $1,684,000.00
Start Date: 07/2018
End Date: 12/2019
Portola Springs PA-6 Enclave 5B Phase1, 2
Contract Amount: $2,055,055.00
Start Date: 09/2018
End Date: 12/2019
FY 18/19 Slurry Seal Project
Contract Amount: $313,425.87
Start Date: 06/2019
End Date: 12/2019
d utierr downe ca.or
nick.|asher ardeehomes.com
k oun fontana.or

2019

PAST WORK REFERENCES
City of Chino
PO Box 667
Chino, CA. 91708
Contact: Dustin Postovoit (909) 334-3415
a ostovoit cit ofchino.or
City of Lancaster
44933 Fern Avenue
Lancaster, CA. 93534
Contact: Greg Wilson (661) 570-8003
wilson cit oflancasterca.or
City of Colton
650 N. La Cadena Dr.

Colton, CA. 92324
Contact: Victor Ortiz (909) 370-5099
vortiz coltonca. ov
City of Cathedral City
68700 Ave Lalo Guerrero
Cathedral City, CA. 92234
Contact: John A. Corella (760) 770-0349
City of San Clemente
910 Calle Negocio
San Clemente, CA. 92673
Contact: Gary Voborsky (949) 361-6132
Slurry Seal Maintenance Work
Contract Amount: $372,805.00
Start Date: 1/2019
End Date: 12/2019
2018 Pavement Management Program
Contract Amount: $2,720,103.65
Start Date: 3/2019
End Date: 12/2019
FY 18-19 Asphalt Paving Project
Contract Amount: $1,377,700.00
Start Date: 3/2019
End Date: 11/2019
Ortega Road Widening
Contract Amount: $459,998.00
Start Date: 2/2019
End Date: 12/2019
Arterial Street Pavement Maintenance
Contract Amount: $1,187,187.00
Start Date: 3/2019
End Date: 7/2019
[email protected]
icorel|a@cathedra|city.gov

H2018”
PAST
City oflurupa Valley Van Buren Blvd. Pavement Rehab.—PH2 8304 Limonite Avenue Suite M Contract Amount: $781,845.00 Jurupa Valley, CA92509 Start: 08/2018
City of Moreno Valley
14177 Frederick St.

P.O. Box88005
Moreno Valley, CA92552
Contact: Henry Ngo, P.E., (951)413-3106
hengn@mova|.org
City of AlisoViejo
12 Journey Street Ste #100
AlisoViejo, CA92656
Contact: Mari Shakir, (949)425-2556
Mshakir cit ofa|isovie’o.com
Alessandro Blvd. Street Improvements at
Chogall Court and Graham Street
Contract Amount: $445,821.50
Start: O5/2018
Complete: 11/2018
AlisoCreek and Road Rehab
Contract Amount: $657,770.00
Start: O5/2018
Complete: 10/2018
City of lrwindale rcor is irwinda|eCA. ov
5050 N. lrwindale Avenue lrwindale 2017-2018 Resurfacing Project lrwindale, CA91706 Contract Amount: $285,503.10
Contact: Richard Corpis, (626)430-2200 Start: 07/2018
Complete: 08/2018
Contact: Chase Keys, (951)332-6464 Complete: 09/
ckeys@iuru Qava||ey.org

County of Los Angeles Pine Canyon Road
P.O. Box 7508 Contract Amount: $3,288,999.00
Alhambra, CA91802 Start: O6/2018
Contact: Hoda Hassan, (626)458-3144 Complete: 11/2018
HHASSAN d w.|acount ov
H2018”
City of Huntington Beach Heil and Main Street
2000 Main Street Contract Amount: $2,285,562.00
Huntington Beach, CA92648 Start: 11/2017
Contact: Jim Escutia (714)536-5525 Finish:O6/2018
City of Rolling HillsEstates 2017-18 Street Resurfacing Project 4045 Palos Verdes Drive Contract Amount: $1,203,292.50
RollingHillsEstates, CA90274 Start: 03/2018
Contact: Scott Gibson (909)2 10-0548 Finish:O9/2018
City of Fontana Valley Blvd.Median Improvement Project
8353 Sierra Avenue Contract Amount: $164,715.00
Fontana, CA92335 Start: O3/2018
Contact: Jazmine Pena (909) 350-6648 Finish: 05/2018
[email protected]
iescutia@surfcity—hb.org
[email protected]

City of Lake Forest Bake Parkway at Trabuco Road
25550 Commercentre Drive Contract Amount: $121,621.00
Lake Forest, CA92630 Start: 02/2018
Contact: Taylor Abernathy, (949)461-3490 Finish:
”2018"
City of Canyon Lake Slurry Seal FY2017-2018 Railroad Canyon/ _ Canyon LakeDrive
31516 RailroadCanyon Road
Contract amount: $263,241.63 Canyon Lake, CA92587
_ Start date: 03/2018 Contact: Kenneth Bailey, (951)244-2955 Finish date: 12/2018
City of LaQuinta FY16-17 Phase 2 Desert Club
74-495 Calle Tampico Contract amount: $697,474.76
LaQuinta, CA92253 Start date: O6/2017
Contact: Ubaldo Ayon Jr., (760)777-7051 Finishdate
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA92660
Contact: Alfred Castanon, (949) 644-3314
West Coast Highway Landscape Improvements,
Phase 1, Contract No. 7189-1
Contract amount: $604,284.50
Start date: 06/2018
Finishdate:

Acastanon new ortbeachca. ov
kennethbaile caa rofessiona|s.com
uayon@Ia—guinta.org
tabernath lakeforestca. ov

Town of Apple Valley Navajo Road Rehabilitation
14955 Dale Evans Parkway Contract amount: $849,182.00
Apple Valley, CA92307 Start date: 07/2017
Contact: Rich Berger, (760)240-7000 ext 7530 Finishdate: 12/2017 ((2018!)
City of Indian Wells Cook Street Rubberized Pavement Overlay 44-950 Eldorado Drive Contract amount: $599,599.59
Indian Wells, CA92210 Start date: 05/2018
Contact: Ken A. Seumalo, P.E., (760)346-2489, Finish date: 12/2018 kseumalo |ndianWe|ls.com
rberger@apg|eva||ey.org

CITYOF NORCO

BID BOND
FOR

DALES DRIVEAND PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT, KNOW ALL MEN BY THESE PRESENT that AllAmerican As halt
, as BIDDER, and Fidelity and Deposit Company of Maryland as
SURETY, are held and firmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of Ten Percent OfTotal Amount Bid ----- -- dollars ($ 10% of Bid ,which is 10 percent of the total amount bid by BIDDERto AGENCY forthe above stated project, forthe payment ofwhich sum, BIDDERand SURETYagree to be bound, jointly and severally, firmly by these presents.

THECONDITIONSOF THIS OBLIGATIONARE SUCH that, whereas BIDDERis about to submit a bid to AGENCY for the above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise itshall remain in full force and effect in favor of AGENCY.

WITNESS Our hands this 25”‘ day of January , 2022.
(seal)
AllAmerican Asphalt - Corporation

CONTRACTOR
(CORPORATION) — TYP
B
President
By:

Secretary/Treasurer]Michael tfavkas
Notary Public
Seal of Notary
Subscribed and sworn to before me this day of
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST NOTARIZED
P—
, Mark Luv
Bid Bond No. 08597423
Bid Date: 02/03/2022

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1 189 A notaxy public or other officer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached. and not the truthfulness. accuracv. or validitv of that document.

SARAHAMANDA LANGLEY NotaryPublic- California RiversideCounty _ Commission {I2337877 Comm.ExpiresNov20, 2024

RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRIN

OF SIGNER
State of California
County of Riverside
on January 27. 2022 before me, Sarah Amanda Lan 1e Notar Public Date Here Insert name and Title of the Of?cer
personally appeared Mark Luer and Michael Farkas
Name(s) of Signer(s)
9 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/theyexecuted the same in his/her/their authorized capacity(ies), and that by hismer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS hand and of? ‘ seal.

Signatu
Place Notary Seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document Bid Bond
Document Date: 01/25/22 Numberof Pages: 4
Signer-(S) omeqhan Named Above; Rebecca Haas Bates-Attorney in Fact Capacity(ies) Claimed by Signer(s)
Signer‘s Name: Mark Luer Signer‘s Name: Michael Farkas D '“d‘V‘°'“a' El individual X Corporate Of?cer— Tit|e(s): President X corporate Of?cer _ Tit|e(s): secrete Pamer '3 '3' Limited Genera’
:1 Partner Li a Limited a General
Attomey in Fact Attorney in Fact D Trustee Top of thumb here Trustee Top of thumb here Other: Other:

Signer is Representing: Signer is Representing:

AllAmerican As halt AllAmerican As halt

SURETYJS NAME_TypE; Fidelity and Deposit Company of Maryland - Corporation Mailing Address; 777 S. Figueroa Street, Suite 3900
Los Angeles, CA 90017
BIDBOND (PAGE 2)
Name
Signature:

NOTE: SIGNATURE OF SURETY MUST BE NOTARIZED
Z
Subscribed and sworn to before me
this
: day of ,
Sea] gf Notary; **Please See Attached**
Notary Public
Title; Attorney-in-Fact
P-8
Rebecca Haas-Bates
:

LILIANAGOMEZ
Notary Public- California
Orange County
Commission# 2243326
MyComm. Expires May 20, 2022
LVNN

CALIFORNIA ALL-PURPOSE ACKMOWLEDG ENT
\"=".§{{R\‘.':x¢(‘T\vt.¢x€.'=\€¢%§€4?>.€.OR5‘1§€"R€.'a\€.-h!.v\{{R¢?‘\€?r‘\i. 2 . . 5. .... . .‘~. . -» -. CIVIL CODE § 1189 ‘ .'.r.\\.r.\-“T9,. .I.\\‘.. \.=.\\ :\\'.€‘\\.‘.s\~:.'.\<.

A notary public or other officer completing this certificate veri?es only the identity of the individualwho signed the document to which this certificate is attached, and not the tmthfulness, accuracy, or validityofthat document.

State of California
County of Oran 6
on 01/25/2022 before me’ Liliana Gomez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas-Bates
Name(§).of SignerlS,l.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name('e)~is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacityiies),and that by his/her/their signatureistonthe instrument the person(s), or the entity upon behalf of which the personh). acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WETNESSmy hand and official seal.

Signature
Signatu e of Notary P
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: Rid Rnnd Document Date: 01/25/2022 Number of Pages: Two(2) Signer(s) Other Than Named Above: A11AmeFi°a'1ASPh31‘ Capacitylies) Claimed by Signer(s)
Signer’s Name: Rebecca Haas-Bates Signer's Name:

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

Partner — Limited General C Partner — Limited ElGeneral individual BAttomey in Fact individual Attorney in Fact Trustee Guardian or Conservator E Trustee Guardian or Conservator Other: 3 Other:

Signer ls Representing: Signer ls Representing: Fidelity and Dcposit Company of Maryland ‘E6 '-‘J’&E’vE.’o' J '- ' “/4E‘i:.VK£/%\\L/4\£.’<\¢_4¢iL’4i£’4{£/4\%<\‘L’4\~Z5\"J -\E4(-Z/,4‘l2‘_/,4\'.~Z4i£.’4\~Z’o§¢!4i~1.’€\~Z€i~‘_6’I§~1./ 4%?!4\&/;\'_~'/. 4i.-‘Z’$\1=!’¥i-Z ’o\'-'—1’r\'-1-£¢i~'.£'G£”-1-J'$'\-'_./‘Q-Z ¢Q'£€\'§4\'_€!’- ' ©2014 NationalNotaryAssociation - www.NationalNotary.org- 1-800-USNOTARY(1-800-876-6827) Item #5907 bli

EXTRACT FROM BY-LAWSOF THE COMPANIES
"Article V, Section 8, Attome s-in-F act. The Chief Executive O?icer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-factto af?x the corporate seal thereto; and may with or without cause modify of revoke any such appointmentor authority at any t1me."

CERTIFICATE
I, the undersigned, Secretary of "theZURICH 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 further certify that Article V, Section 8, of the ByLaws of the Companiesis 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 Secretmy or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certi?cate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney andCerti?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 of May, 1990.

RESOLVED: "That the facsimile or mechanically reproducedseal 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 TESTIMONYWHEREOF, I have hereunto subscribedmy name and af?xed the corporate seals of the said Companies, this 25th day of January , 2022
ya I, : 3 % “'3 ,»--.. can ='--*”"°'”-'-;». --~ )3: sanr? s ==‘=u=°-§' X-~,«.»*
4-“, :
-y A”?
By: Brian M. Hodges
Vice President

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 www.re ortsfclaims zurichna.com 800-626-4577

NON-COLLUSION DECLARATION
(TO BE EXECUTED BYBIDDER AND SUBMITTEDWITH BID)
The undersigned declares:

I am the Vice President of Al|AmericanAspha|t
’ 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 directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 fixany overhead, profit, or cost element of the bid price, or of that ofany other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and willnot pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liabilitycompany, limited liabilitypartnership, 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 [date], at Corona [city], California [state].

Eo[v0o*(c\ Collsow,\/ice Ki)/€s.'5|
i ‘Z? 20 ‘LL.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached. and not the truthfulness. accuracv. or validitv of that document.

SARAHAMANDALANGL
NotaryPublic- Californ EY
RiversideCounty ia CommissionIf233787
7 MyComm.ExpiresNov20,

RIGHTTHUMBPRINT OF SIGNER RIGHT THUMBPRIN

OFTSIGNER
State of California
County of Riverside
Janua 27 2022
Date On before me,
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/shelthey executed the same in his/her:/-their authorized capacity(ies),
signature(s) on the instrument the person(s). or the entity upon behalf Sarah Amanda Lan le Notar Public
Here Insert name and Title of the Of?cer Edward J.Carlson Name(s~)>of Signer(s-)-
9 and that by his/herltheir
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 forgoing paragraph is true and correct.

WITNESS y and and of? 'al seal.

Signature
Place Notary Seal Above OPTIONAL
Signature of No ary 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.

Description of Attached Document
Title 0,1-we of Document Non-Collusion Declaration
01/27/2022
Signer(s) Other Than Named Above:

Document Date:

Capacity?es) Claimed by Signer(ev)
Signer‘s Name: Edward J. Carlson
in individual
x Corporate Of?cer — Title(s):

El Partner Li i:i Limited General
Vice President
:1 Attorney in Fact
Trustee
Other:

Top of thumb here
Signer is Representing:

AllAmerican As halt
Number of Pages: 1
Signer‘s Name: N/A
individual
:3 Corporate Of?cer — Title(s):

Cl Partner El El Limited in General
Cl Attorney in Fact
Cl Trustee
o Other: N
Signer is Representing:

N/A
Top thumb here
personally appeared
I

CITY OF NORCO

PROPOSAL BID SHEET
FOR

DALES DRIVEAND PARKRIGE AVENUE STREET IMPROVEMENTSPROJECT

DESCRIPTION OF ITEMS

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN
1 1 L.S.
1 L.S

3. 1 L.S.

4. 1 L.S.

5. 1 L.S.

INWORDS
Clearing & Grubbing,
Mobilization,NPDES/SWPPP
Requirements at (Max 3% of
the total bid)
Ti?een Tbtauyc«J Ddlfcrs
Per Lump Sum
Traffic Control at
{E9of S
0/ 4.!‘
Per Lump Sum
Construction Staking and
Monument Preservation at
'7/cue-4'l- 1:‘:/L 7’L¢a--Sc.--‘J
Dollar?
Per Lump Sum
Compaction Testing for Street
Construction at
-zfurlua 'rHDUr°“’(
Dotfor
Per Lump Sum
General Grading and
Unclassified Excavation at
5'.‘L14.Tnourcwf 5.‘ hr.
l—{.,.¢,,(/¢,,( allcr §
Per Lump Sum
UNIT

PRICE IN TOTAL

FIGURES
$ ($000 $ /gcaoo
$13,000 $ izoo
a
$ 8/$00 $ 8, 80°
P-10

Remove Existing Brick Pavers
at
110 SF. s’<u~e«Dollars Ta,/+ $ ’.(_3c2 $ 30
3 Cemff
Per Square Foot

8. 1,150 SF.

Remove Existing Concrete
Driveway at
‘mm: Dellor; Sin
Ccvni-S
Per Square Foot
$?.(co $4, No

ITEM QUANTITY UNIT WITH UNITPRICE WRITTEN

6. 7.
46,200
2,200
S.F.

S.F.

DESCRIPTION OF ITEMS UNIT

PRICE IN TOTAL

INWORDS FIGURES
Sawcut and Remove Existing
AC Pavement and Base to a
Depth of 10"BeljwPro
Surface at mile all ‘o+sqedH_ I @ Q
6 cars$ .2]: $ %
_2l_;.
to
I dSa.eU/ fee I‘ 4g 49,375
’
t Per Square Foot
Sawcut and Remove Existing
AC Pavement, Backfill with
Native, and Grade to Drain at
we I615 $ 200 $ bf/
Per Square Foot (400
10 85 L.F
Remove Existing Curb and
Gutter at
71~Yfeu« Dalia/J‘
Per Linear Foot
$130“ $l,
W5
P-11

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNITPRICE WRITTEN PRICE IN TOTAL

INWORDS FIGURES
Remove Existing Equestrian
Fgce at ___

11. 235 L.F. uueaf « 4w’ Dado/I $Z‘I,0C> $5,
640 Per Linear Foot
17 12
Remove and Relocate Mailbox
at
EA. Er‘Lvl cMcV€c/ Fed»
l Ho’?
Per Each
Adjust Existing Manhole Frame
& Cover to Finished Surface
Per City of Norco STD. DWG
I “/5114 "lL.H.c[/Co! E;5hf€EH
I>;,Llc./J‘
Per Each
Adjust Existing Valve Can and
Cover to Finished Surface at
SCI/-E"!H¢«Malf«E'p( ‘Dullc./‘_j‘
$ 540-“ s 3,3@
0 $ ac‘) $15"/
(U0?
$ 700,00 $ Q/
Cold Mill1.5" Existing AC
Pavement at

15. 45,000 S.F. Tweak CenTI $ 0.20 $ 7/90°
Per Square Foot
P-12
Per Each

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

IN WORDS FIGURES
Construct 6" Class 2 Aggregate
Base at
Tu/er:1‘ $1‘)! Ddl/0/J’
900 CY
Per Cubic Yard
$ O0 $ 23/‘I00
Construct 2.5" AC B-PG 64-10
Base at
56w.4f- -Few’ Dr-tllwf
775 TON $ '1“/. 00 $51,350
Per Ton
Construct 1.5” AC C2—PG64-
10 Overlay at
Sore-«cl» FEM Dqllo/5
475 TON $ 7‘/,00 $32150
Construct 2" AC C2-PG 64-10
Overlay at
Stu/C-\.‘f~ E4 Dclkdf
600 TON $ ’H,00 $°(¢ Per Ton
20 Square Foot
150 SF
Construct 4”'AC Driveway at
z‘5Af Dalia!I
Per
P-13

18. 19

16. 17

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

INWORDS FIGURES

21. 22.

23. 25.
20 1,800
10 65
L.F.

L.F.

L.F
L.F
L.F.

Construct 6" A.C. Berm Per
SPPWC Std Plan 120-2, Detail
D1—6and Provide 5’ Transition
from 6" Curb Face at the End
of Berm at
OM
Ddtlw Y
uV1CVl6( T5,:/4' ‘fa./0
Per Linear Foot
Construct 6” Curb and Gutter
Type C Per City of Norco
Standard Drawing No. 200 at
’[¢’,u1.-+ jg:/re n Darla/S‘
Per Linear Foot
Construct 6" Curb and Gutter
Type B Per City of Norco
Standard Drawing No. 200 at
Ow Hu4oY~to( T434
Remove Existing and Construct
Dal/wr
Per Linear Foot
Curb Transition Per City of
Norco Standard Drawing No.
215 at
FM $6:/«em. Ddltc-rr
Per Linear Foot
Construct 6” Curb Type A Per
City of Norco Standard Drawing
No. 200 at
1%: H
{( 1"'\//6 D3110-"S
Per Linear Foot
$13200 $ 2,640
$1!”-W $ 550.
061
$ 5100 $ 570.
00 $ 3500 $2, Hf
P-14

24.

30. 660 S.F.

Construct 6" PCC Driveway at
7/we-4‘fl 77'v‘.c(_Dallbrf
Per Square Foot
$ 23.0“ $
/5,/?e»
ITEM

26. 27.

28. 29.

QUANTITY UNIT WITH UNITPRICE WRITTEN
1,800
1,600
860
S.F
S.F.

EA.

S.F.

DESCRIPTION OF ITEMS UNIT

PRICE IN

INWORDS FIGURES
Remove Existing and Construct
Residential Driveway Approach
Per City of Norco Standard
Drawing No. 240 at $ 3,00
’I3x.‘(-law:D?llcvr
I
Per Square Foot
Remove Existing and Construct
Residential Driveway Approach
Per City of Norco Standard
Drawing No. 245 at
T...vl\uu Ddilorr $1200
Per Square Foot
Remove Existing and Construct
Curb Ramp Per SPPWC
Standard Plan No. 111-5, Case
and Type Per Plan at
’?t/cc T91auJ‘c.....«/ Jfgr/e-7
Dal Inf 5'‘
Per Each
$ z,°«°'=
c/1.cV(,[
Construct Cross Gutter and
Spandrel Per City of Norco Std.

Drawing No. 225 at
Tuna-i Sc:/-c-« $ 27.00 I-Ddllr»/J‘
Per Square Foot
TOTAL
$ 23,W‘
$ 7-
[(400
$ 23/ 220
P-15

x%<,¢1éZ¢/
,'1‘5

DESCRIPTION OF ITEMS

ITEM QUANTITY UNIT WITH UNITPRICE WRITTEN

INWORDS
Install Thermoplastic Striping,
Markings, & Legends at
IUML’?W6”W ‘aww
.,Mv.c.,( Ddtlo/5'
Per Lump Sum
31 1 LS
UNIT

PRICE IN

FIGURES
$ Q1100
TOTAL

STREET IMPROVEMENTS SUBTOTAL AMOUNT INWORDS
W./9 and/J7244//I/& ???fcz 105/ T-z////I»I/
I&/fé6/

STREET IMPROVEMENTS SUBTOTAL AMOUNT

DALES DRIVEAND PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT (BID ITEMS 1-31)
AllAmerican Asphalt
400 East Sixth Street, Corona, CA, 92879
Bidders Name and Telephone Number
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.

P-16

Subscribed and sworn to this day of 2022.

PROPOSAL
INWITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of , 2022.

B|DDER Edward J. Carlson, Vice President
Michael Farkas, Secretary
Mark Luer, President
By
Ti
AGENCY acknowledges that this proposal was received and opened at the time and inthe place speci?ed, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.

By
Title

NOTARY PUBLIC

CALIFORNIA JURAT GOV CODE § 8202

RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER
Signatur
Place Notary Seal Above OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Further Description of Any Attached Document
Sign re of Notary Public
State of California
County of Riverside Subscribed and sworn to (or affirmed) before me on this 27th day of January 2922
Date Month
By (1) Edward J. Carlson
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(and
(2) Michael Farkas
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me.)
Tme °' Type of Proposal Signatu res
Top of thumb here Top of thumb here
Document Date: 01/27/22 Number of Pages: 1
Signer(s) Other Than Named Above: N/A

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

SARAHAMANDALANGLE
NotaryPublic- California Y
RiversideCounty
Commissionif2337877
MyComm.ExpiresNov20, 202

ZCALIFORNIA JURAT GOV CODE § 8202

RIGHT THUMBPFZINT RIGHT THUMBPRINT OF SIGNER
State of California
County of Riverside Subscribed and sworn to (or affirmed) before me on this 27th day of Janua 202;
Date Month
By (1) Mark Luer
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.)

SARAHAMANDALANGLEY
Notary Public- California
RiversideCounty
Commission4‘2337877
MyComm.ExpiresNov"‘ ""4 mmnrl
Signature
Place Notary Seal Above OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Further Description of Any Attached Document
Title or Type of Document Proposal Signatu res
Document Date: 01/27/2022 Number of Pages: 1
Signer(s) Other Than Named Above: N/A
Signature of Notary Public
Top of thumb here Top of thumb here

OF SIGNER
U1 9-’ "4
A notary public or other officer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached, andnot the truthfulness, accuracy, or validity of that document.

CA-1

CITY OF NORCO

DALES DRIVE & PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 2
nd
day of March, 2022 by and between the City
of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and All American Asphalt, a corporation with its principal place of business at 400 East Sixth Street, Corona, CA 92879 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Dales Drive and Parkridge Avenue Street Improvements Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street pavement improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Dales Drive and Parkridge Avenue Street Improvements Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this

CA-2
Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Mark Luer– President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subPage 68 of 314 CA-3
contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate

CA-4
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or

CA-5
his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and

CA-6
approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or

CA-7
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.

The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe

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the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

All American Asphalt
400 East Sixth Street
Corona, CA 92879
Attention: Mark Luer – President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or

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damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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Name of Contractor: All American Asphalt
*By:
___________________________
Signature
Mark Luer, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________
Greg Newton, Mayor
ATTEST:
_______________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
John R. Harper, City Attorney

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EXHIBIT A
Scope of Dales Drive and Parkridge Avenue Street Improvements Project The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of cold mill and overlay, full depth reconstruction, curb & gutter, and other improvements on Dales Drive and Parkridge Avenue to the satisfaction and acceptance of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

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EXHIBIT B
Proposal Document

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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

DALES DRIVE AND PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of cold mill and overlay, full depth reconstruction, curb & gutter, and other improvements on Dales Drive and Parkridge Avenue to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the

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Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

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IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

DALES DRIVE AND PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of cold mill and overlay, full depth reconstruction, curb & gutter, and other improvements on Dales Drive and Parkridge Avenue to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and

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paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.

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The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ________ day of _________________, in the year _________, before me,

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________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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9. Description of Project:

DALES DRIVE AND PARKRIDGE AVENUE STREET IMPROVEMENTS PROJECT The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of cold mill and overlay, full depth reconstruction, curb & gutter, and other improvements on Dales Drive and Parkridge Avenue to the satisfaction and acceptance of the City Engineer.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or

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(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this

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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

CA-29
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________

CA-30
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

CA-31
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

CA-32

CA-33

CA-34

CA-35

City Council

STAFF REPORT
Date: March 2, 2022 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of bids and award of Contract for the Hillside Avenue Reconstruction Project (First Street to Second Street)
RECOMMENDATION:

Accept bids and award a contract to Onyx Paving Company, Inc. for the Hillside Avenue Reconstruction Project (First Street to Second Street) in the amount of $678,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Hillside Avenue Reconstruction Project (First Street to Second Street) were opened on February 8, 2022, with Onyx Paving Company, Inc of Anaheim, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Onyx Paving Company, Inc. in the amount of $678,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the Hillside Avenue Reconstruction Project (First Street to Second Street) were advertised on January 19, 2022 with a bid opening date of February 8, 2022. A total of ten (10) bids were received with proposals ranging in value from $678,000 to $1,184,587. The bid summary analysis has been attached for Council’s review (Bid Summary). The Hillside Avenue Reconstruction Project (First Street to Second Street) consists of roadway widening, pavement reconstruction, curb and gutter, rolled curb, striping and other improvements on Hillside Avenue from First Street to Second Street (see attached Project Exhibit).

Staff has reviewed all the bids submitted and determined that Onyx Paving Company, Inc. of Anaheim, California as being the lowest responsible bidder in the amount of $678,000 (see attached Bid Submitted). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all

requirements and the contractor has the experience to complete the required construction activities for the Hillside Avenue Reconstruction Project (First Street to Second Street).

Staff is recommending that City Council accept bids and award a contract to Onyx Paving Company, Inc. in the amount of $678,000 and authorize the City Manager to approve contract change orders up to 10% of the total bid amount.

FISCAL IMPACT:

The Hillside Avenue Payment Project was approved as a Measure R Project for Fiscal Year 2021-2022. Funds in the amount of $910,000 for design and construction (54900.5; 132.930.43160 & 132.930.43160.30) are sufficient to fund the lowest bidder bid amount including the 10 percent contingency.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Hillside Avenue Reconstruction Project (First Street to Second Street) is consistent with Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and other capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Bid Summary
Project Exhibit
Bid Submitted
Contract

Company Name / Address BID
I.E. General Engineering
Beaumont, CA $ 759,152.50
LC Paving
620 Alpine Way
Escondido, CA 92029 $ 816,390.13
Onyx Paving Company, Inc.
2890 E La Cresta Ave
Anaheim, CA 92806 $ 678,000.00
Horizons Construction Co. Int'l Inc.
432 W Meats Ave
Orange, CA 92865 $ 1,184,587.00
The R.J. Noble Company
15505 E Lincoln Ave
Orange, CA 92856 $ 969,606.50
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630 $ 861,000.00
All American Asphalt
P.O. Box 2229
Corona, CA 92878-2229 $ 698,667.50
Hillcrest Contracting
P.O. Box 1898
Corona, CA 92878-1898 $ 938,080.00
Sequel Contractors, Inc.
13546 Imperial Hwy
Santa Fe Springs, CA 90670 $ 866,450.00
GMC Engineering, Inc.
1401 Warner Ave, Suite B
Tustin, CA 92780 $ 804,692.50
$ -
$ -
City of Norco
Hillside Avenue, First Street to Second Street
February 8, 2022 - 1:00 P.M.

BID SUMMARY SHEET
Hillside Avenue Reconstruction,
First Street to Second Street

ITEM QUANTITY UNITS DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS (MAX 3% OF TOTAL BASE BID) $13,000.00 $13,000.00 $18,000.00 $18,000.00 $30,000.00 $30,000.00 $24,000.00 $24,000.00 $12,901.00 $12,901.00 2 1 LS TRAFFIC CONTROL $27,000.00 $27,000.00 $19,000.00 $19,000.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $27,079.53 $27,079.533 1 LS GENERAL GRADING $111,000.00 $111,000.00 $8,800.00 $8,800.00 $15,000.00 $15,000.00 $101,875.00 $101,875.00 $23,250.41 $23,250.414 1 LS COMPACTION TESTING ROADWAY $9,000.00 $9,000.00 $12,400.00 $12,400.00 $5,000.00 $5,000.00 $19,085.00 $19,085.00 $4,206.38 $4,206.38 5 1 LS CONSTRUCTION SURVEY & MONUMENT RESTORATION $37,000.00 $37,000.00 $39,000.00 $39,000.00 $12,500.00 $12,500.00 $26,225.00 $26,225.00 $1,538.92 $1,538.92 6 80 LF REMOVE EXISTING EQUESTRIAN FENCE $25.00 $2,000.00 $43.00 $3,440.00 $40.00 $3,200.00 $11.00 $880.00 $82.48 $6,598.407 12 EA REMOVE & RELOCATE EXISTING MAILBOXES $300.00 $3,600.00 $698.00 $8,376.00 $450.00 $5,400.00 $500.00 $6,000.00 $512.98 $6,155.768 255 EA REMOVE EXISTING CURB & GUTTER $14.00 $3,570.00 $8.80 $2,244.00 $12.00 $3,060.00 $16.50 $4,207.50 $26.68 $6,803.409 385 SF REMOVE EXISTING MEDIAN & GROUDED ROCK $6.00 $2,310.00 $3.80 $1,463.00 $8.00 $3,080.00 $11.00 $4,235.00 $17.67 $6,802.95 10 2,000 SF
REMOVE EXISTING COMPOSITE P.C.C. PAVEMENT WITH
A.C. OVERLAY $5.00 $10,000.00 $4.40 $8,800.00 $3.50 $7,000.00 $4.00 $8,000.00 $11.20 $22,400.00 11 72,300 SF SAWCUT & REMOVE EXISTING A.C. PAVEMENT $0.76 $54,948.00 $2.04 $147,492.00 $1.70 $122,910.00 $2.20 $159,060.00 $1.84 $133,032.00 12 2,000 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT, BACKFILL WITH NATIVE, & GRADE TO DRAIN $5.00 $10,000.00 $2.04 $4,080.00 $4.50 $9,000.00 $1.50 $3,000.00 $10.48 $20,960.00 13 8 EA
ADJUST EXISTING VALVE SLIP CANS TO FINISHED SURFACE PER NORCO STD. DWG. NO 470 $200.00 $1,600.00 $100.00 $800.00 $650.00 $5,200.00 $470.00 $3,760.00 $636.21 $5,089.68 14 13 EA
FINISHED GRADE PER CITY OF NORCO STD. DWG. NO. 535 $1,000.00 $13,000.00 $1,000.00 $13,000.00 $1,250.00 $16,250.00 $650.00 $8,450.00 $1,914.25 $24,885.25 15 1 EA
ADJUST WATER METER BOX TO FINISHED SURFACE PER NORCO STD. DWG. NO. 410 $500.00 $500.00 $845.00 $845.00 $650.00 $650.00 $350.00 $350.00 $615.56 $615.56 16 275 LF RELOCATE EXISTING CHAIN LINK FENCE $37.00 $10,175.00 $35.00 $9,625.00 $40.00 $11,000.00 $30.00 $8,250.00 $29.72 $8,173.00 17 750 TON CONSTRUCT 1.5" C2 PG 64-10 A.C PAVEMENT $72.27 $54,202.50 $74.40 $55,800.00 $105.00 $78,750.00 $87.00 $65,250.00 $105.57 $79,177.5018 1,200 TON CONSTRUCT 2.5 " B PG 64-10 A.C. PAVEMENT $72.27 $86,724.00 $74.40 $89,280.00 $100.00 $120,000.00 $87.00 $104,400.00 $99.20 $119,040.0019 1,380 CY CONSTRUCT 6" OF CLASS II AGGREGATE BASE $37.00 $51,060.00 $33.50 $46,230.00 $75.00 $103,500.00 $33.50 $46,230.00 $47.18 $65,108.40 20 225 SF
CONSTRUCT 3" THICK ASPHALT APRON AROUND CATCH
BASIN AT $8.00 $1,800.00 $3.50 $787.50 $12.50 $2,812.50 $10.00 $2,250.00 $17.15 $3,858.75 21 130 LF
CONSTRUCT TYPE C HMA DIKE PER CALTRANS STD. PLAN A87B $20.00 $2,600.00 $41.00 $5,330.00 $36.00 $4,680.00 $31.50 $4,095.00 $29.79 $3,872.70 22 685 LF CONSTRUCT TYPE A CURB PER NORCO STD. DWG 200 $27.72 $18,988.20 $33.00 $22,605.00 $22.00 $15,070.00 $24.00 $16,440.00 $32.57 $22,310.45 23 105 LF CONSTRUCT 6" OR 8" A.C. PAVEMENT $27.72 $2,910.60 $50.00 $5,250.00 $30.00 $3,150.00 $40.00 $4,200.00 $43.20 $4,536.00 24 60 LF
CONSTRUCT CURB TRANSITION PER NORCO STD. DWG. 215 $27.72 $1,663.20 $48.00 $2,880.00 $32.00 $1,920.00 $35.00 $2,100.00 $66.22 $3,973.20 25 2,400 LF
CONSTRUCT 6" CURB & GUTTER PER NORCO STD. DWG. NO 200 $27.72 $66,528.00 $28.00 $67,200.00 $33.00 $79,200.00 $28.50 $68,400.00 $40.24 $96,576.00 26 145 LF
CONSTRUCT TYPE D1-6 ASPHALT CURB PER S.P.P.W.C.

STD. PLAN 120-2 $20.00 $2,900.00 $42.00 $6,090.00 $6.00 $870.00 $31.50 $4,567.50 $26.71 $3,872.95 27 100 LF
CONSTRUCT TYPE A3-6 CURB & GUTTER, W=2, PER S.P.P.W.C. STD PLAN 120-2 $27.72 $2,772.00 $47.00 $4,700.00 $35.00 $3,500.00 $30.00 $3,000.00 $43.48 $4,348.00 28 1,600 SF
CONSTRUCT RESIDENTIAL DRIVEWAY APPROACH PER NORCO STD. DWG. NO 240 $8.50 $13,600.00 $13.00 $20,800.00 $7.50 $12,000.00 $12.00 $19,200.00 $14.77 $23,632.00 29 1,200 SF CONSTRUCT 6" THICK P.C.C RESIDENTIAL DRIVEWAY $11.50 $13,800.00 $13.00 $15,600.00 $7.50 $9,000.00 $12.00 $14,400.00 $14.84 $17,808.0030 1,950 SF CONSTRUCT RESIDENTIAL DRIVEWAY APPROACH WITH EQUESTRIAN TRAIL PER NORCO STD. DWG. NO. 245 $9.50 $18,525.00 $13.00 $25,350.00 $15.00 $29,250.00 $12.00 $23,400.00 $12.79 $24,940.50 31 1,300 SF
CONSTRUCT CROSS GUTTER PER S.P.P.W.C. STD. PLAN 122-3, MODIFIED $15.00 $19,500.00 $19.00 $24,700.00 $14.00 $18,200.00 $11.50 $14,950.00 $15.00 $19,500.00 32 1 LS
INSTALL SIGNAGE, THERMOPLASTIC STRIPING, MARKINGS & LEGENDS $11,723.50 $11,723.50 $8,700.00 $8,700.00 $13,000.00 $13,000.00 $9,265.00 $9,265.00 $13,343.44 $13,343.44 BASE BID TOTAL: $678,000.00 $698,667.50 $759,152.50 CITY: $804,525.00 $816,390.13 CONTRACTOR: $804,692.50
ONYX PAVING COMPANY, INC. ALL AMERICAN ASPHALT I.E. GENERAL ENGINEERING, INC. GMC ENGINEERING, INC. LC PAVING & SEALING, INC.

BID SUMMARY SHEET
Hillside Avenue Reconstruction,
First Street to Second Street

ITEM QUANTITY UNITS DESCRIPTION

BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS (MAX 3% OF TOTAL BASE BID) 2 1 LS TRAFFIC CONTROL3 1 LS GENERAL GRADING 4 1 LS COMPACTION TESTING ROADWAY 5 1 LS CONSTRUCTION SURVEY & MONUMENT RESTORATION 6 80 LF REMOVE EXISTING EQUESTRIAN FENCE7 12 EA REMOVE & RELOCATE EXISTING MAILBOXES8 255 EA REMOVE EXISTING CURB & GUTTER9 385 SF REMOVE EXISTING MEDIAN & GROUDED ROCK 10 2,000 SF
REMOVE EXISTING COMPOSITE P.C.C. PAVEMENT WITH
A.C. OVERLAY
11 72,300 SF SAWCUT & REMOVE EXISTING A.C. PAVEMENT12 2,000 SF SAWCUT & REMOVE EXISTING A.C. PAVEMENT, BACKFILL WITH NATIVE, & GRADE TO DRAIN 13 8 EA
ADJUST EXISTING VALVE SLIP CANS TO FINISHED SURFACE PER NORCO STD. DWG. NO 470 14 13 EA
FINISHED GRADE PER CITY OF NORCO STD. DWG. NO. 535
15 1 EA
ADJUST WATER METER BOX TO FINISHED SURFACE PER NORCO STD. DWG. NO. 410 16 275 LF RELOCATE EXISTING CHAIN LINK FENCE17 750 TON CONSTRUCT 1.5" C2 PG 64-10 A.C PAVEMENT18 1,200 TON CONSTRUCT 2.5 " B PG 64-10 A.C. PAVEMENT 19 1,380 CY CONSTRUCT 6" OF CLASS II AGGREGATE BASE20 225 SF CONSTRUCT 3" THICK ASPHALT APRON AROUND CATCH BASIN AT
21 130 LF
CONSTRUCT TYPE C HMA DIKE PER CALTRANS STD. PLAN A87B
22 685 LF CONSTRUCT TYPE A CURB PER NORCO STD. DWG 20023 105 LF CONSTRUCT 6" OR 8" A.C. PAVEMENT24 60 LF CONSTRUCT CURB TRANSITION PER NORCO STD. DWG. 215
25 2,400 LF
CONSTRUCT 6" CURB & GUTTER PER NORCO STD. DWG. NO 200
26 145 LF
CONSTRUCT TYPE D1-6 ASPHALT CURB PER S.P.P.W.C. STD. PLAN 120-2 27 100 LF
CONSTRUCT TYPE A3-6 CURB & GUTTER, W=2, PER S.P.P.W.C. STD PLAN 120-2 28 1,600 SF
CONSTRUCT RESIDENTIAL DRIVEWAY APPROACH PER NORCO STD. DWG. NO 240 29 1,200 SF CONSTRUCT 6" THICK P.C.C RESIDENTIAL DRIVEWAY 30 1,950 SF CONSTRUCT RESIDENTIAL DRIVEWAY APPROACH WITH EQUESTRIAN TRAIL PER NORCO STD. DWG. NO. 245 31 1,300 SF
CONSTRUCT CROSS GUTTER PER S.P.P.W.C. STD. PLAN 122-3, MODIFIED 32 1 LS

INSTALL SIGNAGE, THERMOPLASTIC STRIPING, MARKINGS & LEGENDS BASE BID TOTAL:

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL $20,000.00 $20,000.00 $24,000.00 $24,000.00 $27,500.00 $27,500.00 $20,000.00 $20,000.00 $31,700.00 $31,700.00$70,511.00 $70,511.00 $27,000.00 $27,000.00 $57,000.00 $57,000.00 $51,000.00 $51,000.00 $46,000.00 $46,000.00$88,000.00 $88,000.00 $60,000.00 $60,000.00 $159,000.00 $159,000.00 $24,400.00 $24,400.00 $210,600.00 $210,600.00$14,500.00 $14,500.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $9,500.00 $9,500.00 $11,880.00 $11,880.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $42,000.00 $42,000.00 $40,000.00 $40,000.00 $13,500.00 $13,500.00 $32.00 $2,560.00 $10.00 $800.00 $27.50 $2,200.00 $42.50 $3,400.00 $11.00 $880.00 $1,400.00 $16,800.00 $500.00 $6,000.00 $600.00 $7,200.00 $425.00 $5,100.00 $540.00 $6,480.00 $31.00 $7,905.00 $10.00 $2,550.00 $13.80 $3,519.00 $21.00 $5,355.00 $10.80 $2,754.00$22.00 $8,470.00 $10.00 $3,850.00 $6.20 $2,387.00 $3.20 $1,232.00 $7.00 $2,695.00$10.00 $20,000.00 $6.00 $12,000.00 $4.70 $9,400.00 $6.25 $12,500.00 $3.24 $6,480.00 $0.33 $23,859.00 $2.10 $151,830.00 $0.74 $53,502.00 $1.95 $140,985.00 $2.16 $156,168.00$8.40 $16,800.00 $2.25 $4,500.00 $4.10 $8,200.00 $6.20 $12,400.00 $5.40 $10,800.00 $260.00 $2,080.00 $250.00 $2,000.00 $205.00 $1,640.00 $160.00 $1,280.00 $270.00 $2,160.00$880.00 $11,440.00 $1,500.00 $19,500.00 $1,160.00 $15,080.00 $1,050.00 $13,650.00 $2,160.00 $28,080.00 $1,300.00 $1,300.00 $500.00 $500.00 $570.00 $570.00 $1,050.00 $1,050.00 $540.00 $540.00 $27.00 $7,425.00 $38.00 $10,450.00 $38.50 $10,587.50 $83.00 $22,825.00 $37.00 $10,175.00$72.00 $54,000.00 $70.00 $52,500.00 $106.00 $79,500.00 $85.50 $64,125.00 $118.80 $89,100.00$72.00 $86,400.00 $68.00 $81,600.00 $88.00 $105,600.00 $70.50 $84,600.00 $118.80 $142,560.00$42.00 $57,960.00 $40.00 $55,200.00 $52.00 $71,760.00 $56.25 $77,625.00 $94.00 $129,720.00$20.00 $4,500.00 $5.00 $1,125.00 $17.70 $3,982.50 $26.00 $5,850.00 $10.80 $2,430.00$39.00 $5,070.00 $20.00 $2,600.00 $32.60 $4,238.00 $43.00 $5,590.00 $32.40 $4,212.00$50.00 $34,250.00 $67.00 $45,895.00 $20.40 $13,974.00 $56.20 $38,497.00 $32.40 $22,194.00$66.00 $6,930.00 $50.00 $5,250.00 $71.00 $7,455.00 $103.00 $10,815.00 $43.20 $4,536.00$53.00 $3,180.00 $65.00 $3,900.00 $72.00 $4,320.00 $88.00 $5,280.00 $32.40 $1,944.00$57.00 $136,800.00 $52.00 $124,800.00 $22.70 $54,480.00 $88.00 $211,200.00 $48.60 $116,640.00$38.00 $5,510.00 $20.00 $2,900.00 $22.00 $3,190.00 $43.00 $6,235.00 $32.40 $4,698.00$61.00 $6,100.00 $65.00 $6,500.00 $69.00 $6,900.00 $62.50 $6,250.00 $48.63 $4,863.00$15.00 $24,000.00 $12.00 $19,200.00 $15.30 $24,480.00 $12.75 $20,400.00 $16.20 $25,920.00$15.00 $18,000.00 $12.00 $14,400.00 $20.00 $24,000.00 $12.75 $15,300.00 $16.20 $19,440.00$15.00 $29,250.00 $18.00 $35,100.00 $29.70 $57,915.00 $12.75 $24,862.50 $14.04 $27,378.00$22.00 $28,600.00 $25.00 $32,500.00 $24.00 $31,200.00 $17.00 $22,100.00 $16.20 $21,060.00 $8,800.00 $8,800.00 $9,000.00 $9,000.00 $15,300.00 $15,300.00 $6,200.00 $6,200.00 $27,000.00 $27,000.00 $861,000.00 CITY: $862,450.00 $938,080.00 $969,606.50 $1,184,587.00 CONTRACTOR: $866,450.00
HARDY & HARPER, INC. SEQUEL CONTRACTORS, INC. HILLCREST CONTRACTING, INC. HORIZONS CONSTRUCTION CO. INT'L, INC. THE R.J. NOBLE COMPANY

FOR

HILLSIDE AVENUE RECONSTRUCTION PROJECT
(FIRST STREET TO SECOND STREET)
ONYX PAVING COMPANY INC.

B|DDER’S NAME
TO CITYOF NORCO, as AGENCY:

In accordance with AGENCY’S “Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Speci?cations, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDERdeclares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDERagrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the followingProposal BidSheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed willresult in forfeiture to AGENCY of the Bid Bond accompanying this proposal.

BIDDERunderstands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDERagrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employerto be insured against liabilityforworkman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

BIDDERcerti?es that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDERdeclares in the attached Non-Collusion Affidavitthat the only persons or parties

CITY OF NORCO

PROPOSAL

PHONE; 714-632-6699
interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual,firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action willremain ineffect for the life of any contract awarded hereunder. Furthermore, BIDDERcertifies that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.

DATED; 02/07
‘ 2022 BHDDER; ONYX PAVING COMPANY, INC.

BY:

COREY R. KIRSCHNER — TITLE: CEO, PRES, VP, SEC TREA
P-2
B|DDER'S ADDRESS; 2890 E. LACRESTA AVE. ANAHEIM,CA 92806

BIDDERcerti?es that the following information is true and correct:

BiddervsName; ONYX PAVING COMPANY, INC.

Business Address: 2890 E. LACRESTA AVE. ANAHEIM CA 92806 B|DDER'S INFORMATION
State Contractor's License No. and Class: 530350:A-C-12 Original Date Issued: 10/09/1991 Expiration Date: 10/31/2023 The following are the names, titles, addresses. and phone numbers ofall individuals. firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:

ONYX PAVING COMPANY, INC. — 2890 E. LACRESTA AVE. ANAHEIM, CA 92806 — 714-632-6699 COREY R. KlRSCHNER- CEO, PRES, VP, SEC, TREA
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

N/A
Allcurrent and prior DBA‘s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

N/A
P-3
Telephone: 714-632-6699

Address or Name of Firm: N/A
Business Address: N/A
Signature of owner. N/A
Business; N/A

CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance withthe laws of the State of Californiaproviding forthe registration of Contractors.

Contractor's License Number: 630360
Name of Individual Contractor (Print or Type): N/A
Title:

Signature of President of Corporation
COREY R. KIRSCHNER
- CEO, PRES, VP, SEC, TREA
Address or Name of Corporation: ONYXPAVWG COMPANY, INC.

Business Address; 2890 E. LA CRESTA AVE. ANAHEIM, CA 92806 Corporation organized under the laws of the State of CAUFORNM Name: N/A
Address: N/A
Name: N/A
ignature of Secretary of Corporation
COREY R. KIRSCHNER
- CEO, PRES, VP, SEC, TREA
Title:

State of California
County of
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 T Notary PubIic—Califomia

ASHLIEBLANCHARD
COMM.#2279550
FRS3

ORANGECOUNTY
' MyComm.ExpiresMarch3, 2023
On Egpmary Z 21222 before me, Ashlie Blanchard Nota Public , Date Here Insert Name and Title of the Of?cer personally appeared Core R. Kirschner
Name of Signer )
who proved to me on the basis of satisfactory evidence to be the person(::) whose name(x) is/ subscribed to the within instrument and acknowledged to me that he/she/they executed the sameawein his/her/their authorized capacity(ies), and that by his/hm/their signature(8) on the instrument the person(a), 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 — Tit|e(s): Corporate Officer Tit|e(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 Is Representing:
©2014 NationalNotaryAssociation - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907 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.

Oran e

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SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess ofone-ha|f(1/2) of one percent (1%) ofthe General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor
Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
Ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors forthe same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds forfiling a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number issubmitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
02/O7/2022 ONYX PAVING COMPANY, INC.

Dated Bidder
Signature COREY R. KIRSCHNER
- CEO, PRES, VP. SEC, TREA
SlQn3tU|'e COREY R. KIRSCHNER
— CEO, PRES, VP, SEC, TREA
P-5

rue

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.

Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
two 5
er w
53”“ xoooooum 3:41; a$;IWEYn£o nwz.ITEM”
I '6p"q'7"’ $Tf?.\?wo, ‘$94 0
Signature COREY R. KIRSCHNER
CEO, PRES, vp, sec, TREA
Ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor
02/07/2022 ONYX PAVING COMPANY, INC.

Dated Bidder
Signature COREY R. KIRSCHNER
- CEO, PRES, VP, SEC, TREA
P—

SURETY 714 60? C1170

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years:

PLEASE SEE ATTACHED REFERENCES.

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDERintends to procure insurance and bonds:

HARCO NATIONAL INSURANCE COMPANY

TURNER SURETY AND INSURANCE BROKERAGE
Z0_L_._
AGENT
P-6

CITYOF NORCO

BID BOND
FOR

HILLSIDEAVENUE RECONSTRUCTION PROJECT
(FIRST STREET TO SECOND STREET)
KNOW ALL MEN BY THESE PRESENT that On x Pavin Com an Inc. , as BIDDER, and Harco National Insurance Com any
as
SURETY, are held and firmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of Ten Percent of Amount Bid dollars
($10% of Amount Bid), which is 10 percent of the total amount bid by BIDDERto AGENCY for the above stated project, for the payment of which sum, BIDDERand SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THISOBLIGATIONARE SUCH that, whereas BIDDERis about to submit a bid to AGENCYfor the above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDERin the manner and time specified, then this obligation shall be null and void, othenivise it shall remain in full force and effect in favor of AGENCY.

WITNESS our hands this 4th day of Februa , 2022.
(Seal)
On xPavin Com an Inc.

CONTRACTOR
(CORPORATION) — TYPE
By:

By:
may& Hgdwer
Cbrcy‘qr noNOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED Subscribed and sworn to before me this day of
SecretarylTreasurer
Seal of Notary"
Notary Public
President
Bond N0. TS22-

MailingAddress: 2400 East Katella Ave. Suite 250 Anaheim CA 92806 BIDBOND (PAGE 2)
NOTE: SIGNATURE OF SURETY MUST OTAR|ZED'
Subscribed and sworn to before
this day of
Seal of Notary‘
By: Kerissa Ricciardi
N
Signature:

Title: Attorne —in—
P—
Notary Public
SURETY’SNAME-TYPE: Harco National Insurance Com an
(se_;

--:
,«-21 .(,§

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

State of California
County of Orange )
on February 4, 2022 before me, Deanne K. Dodge—Krows,Notary Public (insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and of?cial seal. COW. Int!!! 1:‘
{ [NOTARYPUIUG-¢Atl?OIlllA E
onmoecouvm ' Mycomm. Explm Jan. 8.1024
Signature (Seal)

POWER OF ATTORNEY B°“‘“* T322-051

HARCO NATIONAL INSURANCE COMPANY

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

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors ofINTERNATlONAL FIDELITYINSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. “RESOLVED, that (1) the Chief Executive Of?cer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as de?ned or limited in their respective powers of attorney, and to execute on behalf of the Corporation and af?x the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Of?cers of the Corporation may appoint and revoke the appointments of joint—control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Of?cer of the Corporation and the Corporation's seal may be af?xed by facsimile to any power of attorney or certi?cation given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.”
INWITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2021 it?iltr‘lira STATE OF NEW JERSEY STATE OF ILLINOIS
§'3’ml§, County of Essex county of cook $ " seat *“ In‘ 9 1904 3-‘or $5“
"’ &
$5.‘?'5:'5 Kenneth Chapman
9 Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31 st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized of?cer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly af?xed by order of the Boards of Directors of said Companies. ,.~*“"""'u, INTESTIMONY WHEREOF, I have hereunto set my hand af?xed my Of?cial Seal, at the City of Newark, ,/._ New Jersey the day and year ?rst above written.
: -.- E
: '-. ‘°ua;_\° .-' 5
Z ‘.4’ N0-‘ s
' ‘J’. -' ‘N ’t’ s
I ....... -' qflyJEg9?;-9 Shirelle A.Ourley a Notary Public of New Jersey My Commission Expires April 4, 2023

CERTIFICATION
I, the undersigned of?cer of HARCO NATIONAL INSURANCECOMPANY and INTERNATIONAL FIDELITYINSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Powerof Attorney and a?idavit, and the copy ofthe Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of?ce of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

INTESTIMONY WHEREOF, I have hereunto set my hand on this day, February 4th, 2022 A02699
Irene Martins, Assistant Secretary Page 120 of 314
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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 On Feb_u.I_al3I 4._2Q22 before me, Ashlie Blanchard Nota Public , Date Here Insert Name and Title of the Of?cer personally appeared Core R.Kirschner
Name( of Signer )
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(a<) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/haer/theirauthorized capacity(ies), and that by his/hzer/theirsignature(x) on the instrument the person(a), 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 -— Tit|e(s): Corporate Officer — Tit|e(s):

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

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

ASHLIEBLANCHARD
COMM.#2279550
_
v Notary Public—
" ORANGE California COUNTY
°~£.'2os-«**MyComm.ExpiresMarch3, 2023
FR$3
Oran e
. ..AY..

NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares:

I am the CEO-PRE5uVP»3ECvTREA of ONYX PAVING COMPA'\,IYtl'1'\ eCparty
making the
foregoing bid.

The bid is not made inthe 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 directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 ventu re, limited liabilitycompany, limited liabilitypartnership, 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 02/07/2022 [date], at ANAHEIM [city], CA [state].

P-9

CITY OF NORCO

PROPOSAL BID SHEET
13,000 (3,000
ONE Hwoorwo ewuau77-Iocawo M000 “"
TWENTYSW5/U THous«wn
DoLu-ms £7,000 $7,000
ML N 11-10034/
Per Lump Sum
Compaction Testing Roadway
at
Per Lump Sum
General Grading and
Unclassified Excavation at

HILLSIDE AVENUE RECONSTRUCTION PROJECT
(FIRST STREET TO SECOND STREET)

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

INWORDS FIGURES
Clearing & Grubbing,
Mobilization,NPDES/SWPPP
Requirements at (Max 3% of
1 1 |__s_ Total Bid Amount) 5 5
Per Lump Sum
L.S.

THIN‘! Seam THov§r4/U0 % DOLL/4/25 37/00°
m/UE THou5m/9Dow-??S 61,
Per Lump Sum
Construction Survey and
Monument Restoration at
Per Lump Sum
P-10
L.S.

Traffic Control at
L.S.

L.S.

FOR

THWZEHuwoeao mums 500 3,
I/JEIUT‘-{FNKDOLLFHZS
12 EA.

Per Lineal Foot
Remove and Relocate Existing
Mailboxes at

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

IN WORDS FIGURES
Remove Existing Equestrian
80 Fence at
255 EA. 5,67 F0 '0 01.1.
385 S.F.

Remove Existing Curb and
Gutter at
zzrz/0 00LLI=H&§ /Mo
?éuaru/r‘{ 604 -é0a.yI5‘1‘I/‘SCI.Om” Sq/fqg

10. 11.
2,000
72,300
S.F.

S.F.

Per Each
Remove Existing Median and
Grouted Rock at
Per Square Foot
Remove Existing Composite
P.C.C. Pavement with A.C.

Overlay
Per Square Foot
Sawcut and Remove Existing
A.C. Pavement at
Per Square Foot
P-11
50¢ 00Lu:m,S
0ou.mzs I0,000
L.F.

Per Each

00 lo,000
(4)0 ‘W 2:20 DOLLKMS Z00
Pu/6 0 £6
IU5 Hwl01250 Oou,I4z2. 500 500
04;. O ‘"0 d90LLa ‘[000 I3]000
Per Each
Relocate Existing Chain Link
Fence at

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

IN WORDS FIGURES
Sawcut and Remove Existing
A.C. Pavement, Backfill with
Native, and Grade to Drain at

12. 2,000 S.F $
Per Square Foot
Adjust Existing Valve Slip Cans
to Finished Surface Per Norco
Std. Dwg. No. 470 at
EA.

Per Each
Adjust Existing Manhole Frame
& Cover to Finished Grade Per
City of Norco Std. Dwg. No. 535
13 EA. at $ $
Per Each
Adjust Water Meter Box to
Finished Surface Per Norco Std.

Dwg. No. 410 at
EA.
275 L.F
SEUIM/T‘1 u,z=+rz5
44/ ,(bJE,gwDD‘/5,4} 5L
{'ZOz' |9%4=-H4*9§(,‘}LCEAJT6
Thrcwr 51?/aw Oowmzs $37 ?wlwg
Per Lineal Foot
Construct 1.5" C2 PG 64-10
A.C. Pavement at
750 TON

16. Per Ton
P-12

14. 15.

THW’ 55"“ Downs '57 St,oc,
wz we Oowwa 7Z,Z7 456,
/U0 ’F.»~>ErUT‘/ SEVENCW1’
Construct 6" of Class I
Aggregate Base at I

19. 1,380 C.Y

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

IN WORDS FIGURES
Construct 2.5” B PG 64-10 A.C.

Pavement at

18. 1,200 TON $

20. 3
TWE '(/(?n) DOLLFHLS -773 gizo
/M/0 sgvgmv Two
Z ‘ ‘(M8

7.0 M» LL¥}(?.§
130 L.F
Per Square Foot
Construct Type C HMA Dike Per
Caltrans Std. Plan A87B at
225 S.F.

Per Cubic Yard
Construct 3” Thick Asphalt
Apron around Catch Basin at
685 L.F
Per Lineal Foot
Construct Type A Curb Per
Norco Std. Dwg. No. 200 at
Per Lineal Foot
Construct Rolled Curb Per
Norco Std. Dwg. No. 205 at

23. (WW 5 wzzvOotwr//¢§
94/0 61%/(Z/VT‘! 17.76 'L,‘II0.b
Per Lineal Foot
105 L.F
P-13

21. 0oc,u+e$

22. Per Ton

11> ,6 WM DoLum5
A10 5 we Two azwfs
TbJF'W‘T5 OOLLAQ5
/M 5 x/é«”1")’ wo cams

26. 1’wENT‘15«mz~ Oowm 27,72 277
5EVZ~T‘/ W? 6075
lav}?-V DoL¢,;.m,§ Z0 Z,‘?00
100 L.F.

DESCRIPTION OF ITEMS

ITEM QUANTITY UNIT WITH UNITPRICE WRITTEN

24. 25.
60 2,400
145
L.F.

L.F.

L.F.

IN WORDS
Construct Curb Transition Per
Norco Std. Dwg. No. 215 at
Per Lineal Foot
Construct 6” Curb and Gutter
Per Norco Std. Dwg. No. 200 at
Per Lineal Foot
Construct Type D1—6Asphalt
Curb Per S.P.P.W.C. Std Plan
120-2 at
Per Lineal Foot
Construct Type A3-6 Curb and
Gutter, W=2, Per S.P.P.W.C.

Std. Plan 120-2 at
UNIT

PRICE IN

FIGURES
TOTAL
ELEV/U Ovwmé /M10 ~ _ MT IL90 (3,300
E/61/4fDOLLas gwo 5560 934,00
Per Lineal Foot
Construct Residential Driveway
Approach Per Norco Std. Dwg.

No. 240 at

28. 1,600 S.F.

Per Square Foot
Construct 6” Thick P.C.C
Residential Driveway at

29. 1,200 S.F.

Per Square Foot
P-14

27.

AnHPrV0~T
)4H HT
I 52/“ omoroé 556 fl19,
A//W’00Lu4?«§ /M/0 4:50 ?g/
- wt/rs

32. ¢ grno 0- A/T5
61 «won 0 AND Séuem mm 1’Hou5:4/Ina A4/
ELWBWTH 3.50
6 \/mu v/./Ogisz/Z? Tuz«’4/A/D “'72 "
’I'HrZ1ft€00LL.9r?6 R335
/V E

DESCRIPTION OF ITEMS

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN

30. 1,950
1,300
S.F
S.F
L.S.

INWORDS
Construct Residential Driveway
Approach with Equestrian Trail
Per Norco Std. Dwg. No. 245 at
Per Square Foot
Construct Cross Gutter Per
S.P.P.W.C. Std. Plan 122-3,
modified at
Per Souare Foot
Install Signage, Thermoplastic
Striping, Markings & Legends at
Per Lump Sum
UNIT

PRICE IN

FIGURES
TOTAL
ONYX PAVING COMPANY, INC- 714-632-6699
Bidder’s Name and Telephone Number
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work, and the total of all items inserted in the space provided.

P-15

BASE BIDTOTAL AMOUNT

BASE BID TOTAL AMOUNT WORDS
(ms 00o.oo

Subscribed and sworn to this day of , 2022.

PROPOSAL
INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 7 day of FEBRUAR_Y2022.

BHDDER ONYX PAVING COMPANY, INC.

COREY R. KIRSCHNER — CEO, PRES, VP, SEC, TREA
By
Title
AGENCY acknowledges that this proposal was received and opened at the time and inthe place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.

By
Title

NOTARY PUBLI
P-16

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 X See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) c/or

ASHLIEBLANCHARD

7. COMM.#2279550 co
a Notary Public-California
ORANGECOUNTY "- MyComm.ExpiresMarch3, 2023
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completingthis certificate verifies 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 Subscribed and sworn to (or affirmed) before me County of Oran e on this 7 day of Februa , 20L,
by Date Month Year
(1)
(and (2)
Name( ) of Signer )
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.

Signature
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@2014 National Notary Association - www.Nationa|Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5910 ’@/(«Adm/ ‘

REFERENCES
PROJECTNAME:PAVINGTHEWAY - PHASE3
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:2020 - 2021
CONSULTINGCOMPANY: CETYOF MONTEBELLO- 1600-W. BEVERLYBLVD,MONTEBELLO,CA 90640 CONTACT?ER50N:.JAvMESENRIQUEZ32-3-8874462
ORIGINALCONTRACTAMOUNT:$1,929,000
FINALCONTRACTAMOUNT-:$3,149,848.10
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN: ADDITIONALSCOPESOFWORK DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROIECTNAME:PAVEMENTREPAIRPROJECT
PROJECTDESCRIPTION:PAVEMENTREPAIR.

APPROXIMATECONSTRUCTIONDA.'I'£S: JAN"2020
AGENCY:CITYOFCLAREIVIONT- 207 HARVARDAVE,CLAREMONT, CA91711 CONTACTPERSON:ENRIQUEVILLALOBOS909-399 5479
ORIGINALCONTRACTAMOUNT:$105,000
FINALCONTRACTAMOUNT: $120,727.40
IF FINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROMBIDSCHEDUL QUANTITIES. E
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
PROJECTNAME:2019-2020 PAVEMENTREHABILITATION
PROJECTIJESCRIPTION:VARIOUSPAVEMENTREHABELITATION
APPROXIMATECONSTRUCTIONDATES: MAY2020 - SEPTEMBER2020
AGENCY:CITYOFARCADIA- 240 w. HUNTINGTON00, ARCADIA, CA91007 CONTACTreason:JANBALANAY525-254-2726
ORIGINALCONTRACTAMOUNT: $2,128,000
FINALCONTRACTAMOUNT:$ 1,980,917.60
IFFINALAMOUNTISDIFFERENTFROM ORIGII\IAL.AMOUNT, PLEASEEXPLAIN: AGENCYHADADDITIONALSCOPESINORIGINALBI TO COVERFOREXTRAWORK; D
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
ONVXWIVINGCOMPANY,INC.
2890 EAST LACRESTAAVE, ANAHEIM, CA92806 -— TEL(714) 632-6699 ~ FAX(.714) 632-1883

PROJECTNAME:DESERTVIEWAVENUEPROJECT
PROJECTDESCRIPTION:CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES: 2019
AGENCY:CITYOF DESERTHOTSPRINGS- 11999 PALMDRIVE,DESERTHOTSRRTNGS,CA92240 CONTACTPERSON:DANIELPORRAS760-329-6411
ORIGINALCONTRACTAMOUNT:$741,330.98
FINALCONTRACTAMOUNT:$741,33D:98
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASE£XPi.AiN: N_/A DIDTHEAGENCYFILEANYCLAIMSAGAENSTYOU?NO
PROJECTNAME:TWEEDYLANESTREETIMPROVEMENTPROJECT
PROJECT DESCRIPTION:STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:JULY2020- AUG2020
AGENCY:CITYOF DOWNEY~11111BROOKSHIREAVE, DOWNJEY, CA90241 CONTACT PERSON: DESIGUTIERREZ’562*622-3468
ORIGINALCONTRACTAMOUNT:$308,000
FINALCONTRACTAMOUNT:$308,000
IFFINALAMOUNTISDIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:N/A DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:CHICAGOAVERECONSTRUCTION PROJECT
PROJECTDESCRIPTION: STREETREHABIIUTATICJNADRECONSTRUCTION APPROXIMATECONSTRUCTIONDATES:AUG 2020 »~ OCT2020
AGENCY:RIVERSIDECOUNTYTRANSPORTAWONDEPARTMENT— 3525 14” STREET,RIVERSIDE,CA92507 CONTACTPERSON:MEHRANSANATI951~255«2762
ORIGINALCONTRACTAMOUNT:3 1,424,000
FINALCONTRACTAMOUNT; $1,445,396
IFFINALAMOUNTIS DIFFERENTFROMORiGINAI.AMOUNT,PLEASEEXPLATN: ADD'I.SCOPESOF WORKBYAGENC Y
DIDTHEAGENCYFILEANYCLAIMSAGATNSTYOU? NO
2890 EASTLACRESTAAVE,ANAHEIM,CA92806- TEL(714) 6326699 - FAX(714) 632-1883 ONYXPAVINGCDMW-XNY, ¥N{Ii.

?ROJECTNAME:2018/19ARTERIALANDMINORSTREETSMAINTENANCEPHASE1&2 PROJECTDESCRIPTION: CETYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:AUG2020 — MARCH2021
AGENCY:CITYOF RIVERSIDE— 3900 MAINST, RIVERSIDE, CA92501 CONTACTPERSON:STEVENHOWARD9~51—~826-5311
ORIGINALCONTRACTAMOUNT: $5,350,000
FINALCONTRACTANIOUNT:N/A
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:INPROGRESS DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PRO.IECT.NAIVIE.: FY1849 RESIDENTIALSTREETREHABILITATION PROJECT?ESCRI?Ti0N:.VARIOU5 STREETIMPROVEMENTS
APPROXIMATE CONSTRUCTIONDATES:07/18/2019~— 12/11/2019
‘AGENCY:CITYOF PLACENTIA- 401 E.CHAPMANAVE,PLACENTIA,CA92870 CONTACTPERSON: MASOUDSEPAHI714-9204604
ORIGINALCONTRACTAMOUNT:$606,000
FINALCONTRACTAMOUNT:$616,241.42
IFFINALAMOUNTIS DIEFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN:C/ODUETO EXISTINGFIELDCONDITIONS . DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU? NO
¥’{§VING COM?ANY.
2890 EASTLACRESTAAVE,ANAHEM, CA 92806 - TEL(714) 632-6699- FAX(714) 632-1883

ONY JNC

ON'!'XPAVING‘COMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEIM,CA 92806 - TEL(714) 6326699 - FAX(714) 632-1883 LARGEPROJECTR£FERENCE§
PROJECTNAME:RESIDENTIALSTREETIMPROVEMENTPROJECT
PROJECTDESCRIPTION: STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:55PT2020 - NOV2020
CONSULTINGCOMPANY:CITYOF ANAHEIM- 200S. ANAHEIMBLVD,ANAHEEM, CA92805 CONTACTPERSON:’I<ALLAMBAZ714-765-6935
ORIGINALCONTRACTAMOUNT:$1,711,000
FLNALCONTRACTAMOUNT: $1,733,320
IFFINALAMOUNTISDIFFERENTFROM ORIGINALAMOUNT, PLEASEEXPLAIN:C/ODUETOADDITIONALSCOPES DIDTHEAGENCYFELEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:PAVEMENTREHABILITATIONFORVARIOUSLOCALSTREETS— CDBGFISCALYEAR19/20 PROJECTDESCRIPTION: CITYWIDEPAVEMENTREHABILITATION
APPROXIMATECONSTR-UCTIONDATES:JAN2020 — MARCH2020
CONSULTINGCOMPANY:CITYOF MORENOVALLEY
CONTACTPERSON:QUANGNGUYEN951-4138159
ORIGINALCONTRACTAMOUNT: $1,576,000
FINALCONTRACTAMOUNT: _$1,445,03S.v72
IFFINALAMOUNTIS DIFFERENTIFROIVI ORIGINALAMOUNT, PLEASEEXPLAIN:REDUCTIONINQUANTITIES DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME: FY2017-18 RESIDENTIAL STREETSREHABILITATION PROJECT PROJECTDESCRIPTION; CITYWIDESTREETREHABILITATION
APPROXIMATECONSTRUCTIONDATES:MARCH2D20~.IUNE2020
AGENCY: CITYOFWESTCOVINA- 1444W. GARVEYAVE5., WESTCOVINA,CA91790 CONTACTPERSON: OKANDEIMIRCI OKAN.DEMIRCI@TRAN$TECH.ORG
ORIGINALCONTRACTAMOUNT: $1,009,000
FINALCONTRACTAMOUNT: $1,360,000
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN:SCOPESOFWORKCHANGEDBYAGENC Y
DIDTHEAGENCYFILEANYCLAEMSAGAINSTYOU?NO

REFERENCE
RomGland $1,623,480.00
GENERALCONTRACTORS:

FutlmerConstruction
1725 S. Grove Ave.

Ontario, CA91761
Ph: 909-947-9467
Fax: 909~947~2970
Contact: Casey Jones
KCSWest, Inc;
901 Corporate Ctr, Dr, 3"’fir
Monterey Park,CA9174
Ph: 323-269-0020
Fx: 323-263-4576
Contact: Matthew Vawter
GMCEngineering, 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: 760-7443133
Fax: 760-744-9064
Contact Scott
1005 91-:Am'-oamao:

Centerpointe
Sycamore Bus. Park
Hiilwood Hofer Ranch
lnterchange?x-E
San MichelleLogistics
Terra Francesco
LOCATION:

Moreno Valiey
Riverside
Ontario
San Bernardino
Moreno Valley
Ontario
BP Refinery MaintenanceShop Carson
Edison
FEDEX-Otay Mesa
Team Nissan
Edge at Campus
Carmax
Seabridge
San Diego
Oxnard
ElSegundo
Oxnard
Oxnard
AMOUNT:
$3,187,914.00
$999,703.00
$503,500.00
$1,233,615.
00 $670,674.00
$524,216.00
$896,357.00
$1,335,530.00
$669,075.00
$541,235.00
$605,443.00
$329,460.00
EFNYX?AViNG €OM¥’A¥\JY. INS
2890 EASTLACRESTA AVE, ANAHEIM,CA92806 - TEL(714) 632-6699 - FAX(714) 632-1883

Haagen Company, Li.C
12302 Exposition Blvd
LosAngeies, CA90064
Ph: 310~820~1200
Fx:310-820-1225
Contact: Chris Fahey
Empire §’ofo Club Indie
Grant General Contractors
5051 AvenidaEncinas
Carlsbad, CA92008
Ph: 760-4387500
Fx: 760-438-3056
Contact: Pete Burrows
Whittier Area Community Whittier $625,920.00
ARCO National Construction Co.- Scarmeil FEDEX Burban
k
900 N. Rock-HillRd
St. Louis,MO 63119
Ph: 314-963-0715
Fx: 314-963-7114
Contact: ChrisWiison
‘ONYXPAV!N.GCGMPLKNY, WC.
2890 EASTLACRESTAAVE, ANAHEIM, CA 92806 - TEL(714) 632-6699 - FAX(714) 632-1883 Church
Crevier Santa An $30,600.00
$1,125,958.00
$1,035,745.

ASPHALTRUBBERHOTMIXREFERENCES:

GENERALCONTRACTORS: JOBSPERFORMED: LOCATEON: AMOUNT:

GMC ENG!l\EEERlNG—, WC.
1401 Warner Ave; Ste B.

Tustin, CA92780
Ph: 71_4~247-1040
Fx: 714-2474041
Contact: Gennady Chizik
.R.DOLSONCONSTRUCITON, INC.
2955 Main Street, 3"’Floor
Irvine, CA92614
Ph: 949-474-2001
FX:949-474-1534
Contact: Jeremy Dunn
KatellaAve. St. improv
Various Projects
LidoHouse Hotel
LosAlamitos
Newport Beach
$120,000.00
$193,105.00
IF YOUHAVEANYQUESTIONS,PLEASEFEELFREETOCONTACTCOREYKIRSCHNERAT 714-632-5699ORVIAEMAILAT COREYEDONYXPA VING.N£T
GNYXPRVING COMRANY,WC.
2890 EAST LACRESTAAVE, ANAHEIM,CA92806 ~— TEL(714) 632-5699 — FAX(714). 632—l883

CREDITREFERENC

ONYXPAVINGCOMPANY, WC
2890 E. LACRESTAAVE
ANAHEWI,CA92806-
PHONE: (714) 632-6699
FAXi (71.4)632'-1883»
DATEESTABLISHED 1/4/90

TYPEOF WORK ASPHALTPAVING
CORP.TAX.3D.# 33-0-394344
CONTRACTORSLIC.# 630360-A
PRESIDENT: COREYR. KIRSCHNER
BANK; BANKOFTHEWEST
INSURANCEAGENT:WOOD GUTMANN8: BOGART
14029SPRINGWATERLN.EASTVALE, CA 92880
4501 E. LA?ALMAAVENUE,ANAHEIM,CA92807
PHONE:(714) 777-9520BRYANPLOESSEL
15901 REDHILLAVE, STE.100, TUSTIN,CA92780
PHONE; (714) 824-8384MICHAELTRAN
SURETYAGENT: TURNERSURETYANDINSURANCEBROKERAGE,INC.
.5HUTTONCENTRE,STE.730, SANTAANA,CA92707
PHONE:(714) 915-4032 JEREMYPENDERGAST
CREDITREFERENCES:

MATICHCORP. PO. BOX10, HIGHLAND,CA9.2346 (909) 382-7400 Steve Matich ALLAMERICAN P.O. BOX2229, CORONA,CA9287.8 (951) 736-7600 Cari KELTERITECORP. 12231 PANGBORNAVEDOWNEY,CA (562) 401-0011 Gladys VULCANMATERIALSCO. 16013 E. FOOTHILLBLVD,IRWINDALE,CA91702 (858) 530-9414 Debbie GENERALCONTRACTORREFERENCES:

FEJLLMERCONSTRUCTION 1725 S. GROVEAVE...ONTARK), CA917-61 (909) 947-9467Casey Jones BYROM-DAVEY,INC. 13220.EVENINGCREEK’ DR.SOUTH#103, SANDIEGO (858) 513-7199 Steve Davey PACIFICCONST, GROUP 17895 SKYPARKCIR.,IRVINE,CA92614 (949) 748-1500 MarkBundy ERICKSON-HALL CONST.CO. SO0.CORPOR_ATEDR., ESCONDIDO,CA92069 (760) 796-7700 Justin Sinnott 2890 EASTLACRESTAAVE,ANAHEIM,CA 92806 —-TEL(714) 632-6699 FAX (714) 632-1883 ONYXP33XV¥NGCQMPANY,INC.

RESUME
Corey Kirschner has over '20 years of experienceboth as an estimator and CEO.Corey is an experienced estimator a.ndlead a majority of those years beingthe ChiefEstimator before becoming CEOand President of Onyx Paving Company, inc. Over the short period of time here at Onyx Paving, Corey has completed "over 3,000 paving projects, allowing the company to gross over $50miliiondoilarsin the previous year.

Jay Kirschner,Senior Project Manager, hoidsa Bachelor'sDegree from Chapman University and has ‘7years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project "managers under hisdirect supervision, in managing our productions and coordinating our fieid mobilizations for all projects‘.

Tyler Henry, FieldSuperintendent, servesas the core of allfield related matters. He has.over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing allof our PublicWorks projects. Overseeing the on~s'itelaborers, cement masons, and operating engineers is one"ofhis many responsibilities.

BACKLOGALLOCATION:

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

ONYXPA.V£!‘éGCDMPANY, IN
2890 EASTLA AVE,.ANAHEEi\/I, CA92806 TEL(714) 632-6699 - FAX(714) 632-1883

Corey
Kirschner
Senior Project Manager
i FieldSuperinten
Key Individual Responsibilities:

Core. Kirschner
Manage overaii operati‘on»s and resourcesof company
~ Decision maker of"corporation
Ja. Kirschner
~ Lead project management team with organization
Overseeing overaii project scheduling, budgeting, and dispatching on all projects Mainpoint of communications between companyandagencies
Tyler Henry
- Leadand manage on~site iabors and operators
Coordinate daily operations anciproject production
~ Ensuring project quality expectations are met
ONYXPAWNGCGMPANY,WC.
2890 EASTLACRESTAAVE, AN'AHEH\/1., CA92806 - TEL(714) 632-6699—- FAX(714) 632-1883 7 LVEEQ/

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ONYXPAVINGCOMPANY,INC.

License# 630360-—DIR# 1000004793

UNANIMOUSWRITTENCONSENTOF

THEBOARDOFDIRECTORSOF

ONYXPAVINGCOMPANY,DEC,
(3California corporation)
October28,2020
Theundersignedirector,constitutingtheentireboardofdirectors(the“Board”)of OnyxPavingCompany,Inc.,aCalifomiacorporation(the“C'o:porat'on”), herebytakesthe followingactions,adoptsthe followingresolutions,andtransects thefollowingbusiness,by writtenconsent withouta meeting,asofthedateabovewritten,pursuantto Section307(b)ofthe GeneralCorporationLawoftheStateofCaliforniandtheCorporation'sBylaws:

Approx}1of LoanTransaetiop
WHEREAS,Corey Kirschneris currentlytheCo1'pora_ti0n’s ChiefExecutiveOfficer, andChiefFinancialOfficer(the-“Q,f?cer”) withauthorityto enter intocontractsonbehalfofthe Corporation.

WHEREAS, theCorporationopportunitiesfromtimeto timeto bidon various governmental andnon-governmental projects;
WHEREAS,after care?rlconsideration,the Boardhas determinedthatthe terms and conditionsof the proposedprojectin the formof the bid attachedheretoas (the "Pr'aject”)are just andequitableandfairasto theCorporationandthatit isinthebestinteres ts oftheCorporationand itsstockholderto submithe bid and completetheProjectsubjectto . the termsagreeduponby theparties.

NOW,THEREFORE,BEIT RESOLVED,theBoardonbehalfoftheCorporation herebyapprovesandrati?estheProjectinallrespects,andherebyauthorizeanddirecthe Corporationto negotiate,execute,deliverandperfonnthetermsofalldocuments,requiredin connectionwiththeProject,togetherwithsuchchangestheretoasmaybeapprovedbythe O?icerexecutingthesameonbehalfoftheCorporation(pursuantotheauthorizationprovided herein),suchapprovaloftheOfficerto be conclusivelyevidencedbyitsexecutionanddelivery ofsame.

RESOLVEDFURTHER, that the Of?cermay execute ‘anddeliverany and all agreementsand any and allotherdocumentsand instruments,andtakesuch?nther actionsas maybenecessaryor appropriate, forthe ?nancingofthe Corporation. . RESOLVEDFURTIER, that the Officeris hereby authorized,directed,an d empoweredto execute anddeliverany andallagreements and anyandall otherdocumentsan d instruments,and takesuch further actions as may be necessaryor appropriate,for the consummationoftheProject.
2890EastLaCrestaAve, Anaheint,CA92806- PH:(714)632-6699- FX(714)632-1883

RESOLVED . FURITHER, . . wr that the Of?cer,in thenameoftheConaoration, is hereby authorized,directed,andempoweredto negotiate,executeanddeliverto th6'@PPHF3b1° °°“m°“ party, any and all documents with respectto the '-Projectandotherinst-mnents as maybe reasonablyArequeste?, ai1d_theOfficeron behalf oftheC_orporation_is_aufho1'ized fromtime'50 timeto executereinewals orextensionsor otherinstm?aentsasmaybenec'6689¢7- ‘ RESOLVED-EURIBER, thattheauthoritygivenhereundershallbedeemed{erroac?ve andanyandallacts auihorized hereunderperformedpriorto thepassageofthisresolutionare herebyrati?ed anda?rmecl,
TheSecretaryoftheCorporationisdirectedto ?le theoriginal executedcopyofthis Consentwiththeminutesofproceedingsofthe Co1por_ation,
[Signature pagefollows]

ONYXPAVINGCOMPANY,INC.

License#630360-D]R# 1000004793
INWITNESSWI-IBREOF,theundersignedhasexecutedthisUnanimous Writte Consentof theBoardorDirectorsas n ofthedate?_xstabovewritten.

CoreyKirschne

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CA-1

CITY OF NORCO

HILLSIDE AVENUE RECONSTRUCTION PROJECT (FIRST STREET TO SECOND STREET)

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 2
nd
day of March, 2022 by and between the City
of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Onyx Paving Company, Inc., a corporation with its principal place of business at 2890 E. La Cresta Avenue, Anaheim, CA 92806 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Hillside Avenue Reconstruction Project (First Street to Second Street) on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street pavement improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Hillside Avenue Reconstruction Project (First Street to Second Street) (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the

CA-2
means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Corey R.

Kirschner–President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply

CA-3
with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate

CA-4
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the

CA-5
City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.

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Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,

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confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.

The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and

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Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Onyx Paving Company, Inc.
2890 E. La Cresta Avenue
Anaheim, CA 92806
Attention: Corey R. Kirschner – President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply

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regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,

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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written

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approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Name of Contractor: Onyx Paving Company, Inc.
*By:
_______________________________
Signature
Corey R. Kirschner, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________
Greg Newton, Mayor
ATTEST:
_______________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
John R. Harper, City Attorney

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EXHIBIT A
Scope of Hillside Avenue Reconstruction Project (First Street to Second Street) The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of roadway widening, pavement reconstruction, curb and gutter, rolled curb, striping and other improvements on Hillside Avenue from First Street to Second Street to the satisfaction and acceptance of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

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EXHIBIT B
Proposal Document

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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

HILLSIDE AVENUE RECONSTRUCTION PROJECT (FIRST STREET TO SECOND

STREET)
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of roadway widening, pavement reconstruction, curb and gutter, rolled curb, striping and other improvements on Hillside Avenue from First Street to Second Street to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified,

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and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________

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(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

HILLSIDE AVENUE RECONSTRUCTION PROJECT (FIRST STREET TO SECOND

STREET)
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of roadway widening, pavement reconstruction, curb and gutter, rolled curb, striping and other improvements on Hillside Avenue from First Street to Second Street to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary

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services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact

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The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.