Updated Item 7.d. — South El Monte City Council, June 27, 2023

City Council Agenda Report
__________
DATE: June 27, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION
NO. 23-68, APPROVING AWARD OF CONSTRUCTION

CONTRACT TO ALL AMERICAN ASPHALT FOR
FISCAL YEAR (FY) 2022-23 RESIDENTIAL STREET

REHABILITATION PROJECT
_____________________________________________________________________________________ SUMMARY: On June 1, 2023, the Engineering Department solicited bids for the FY 22/23 Residential Street Rehabilitation Project. The work asphalt roadway resurfacing (asphalt cold mill and overlay), asphalt pothole repairs, reconstruction of concrete curb ramps, sidewalks, curb and gutter at various locations and restoration of pavement markings and striping. The lowest responsive bid was submitted by All American Asphalt in the amount of $922,222.

RECOMMENDATION: Staff recommends City Council:

1. Adopt and approve the plans and specifications for the FY 22/23 Residential Street Rehabilitation Project;

2. Review the bids and find that All American Asphalt has submitted the lowest responsive bid;

3. Adopt Resolution No. 23-68, awarding the FY 22/23 Residential Street Rehabilitation Project contract to All American Asphalt in the amount of $922,222;

4. Approve a 15% contingency amount of $138,333.30 for a total project construction budget amount not to exceed $1,060,555.30.

5. Authorize City Manager or designee to negotiate and execute the contract.

FISCAL IMPACT: The established budget is as follows:

Contract Award Amount $922,222.00
Construction Contingency (15% of contract amount) $138,333.30 Total Construction Budget $1,060,555.30
Updated
Agenda
Item No. 7.d.

The Project will be funded by the following sources:

SB1/RMRA Funds $1,060,555.30
Total Budget $1,060,555.30
DISCUSSION: The work includes asphalt roadway resurfacing (asphalt cold mill and overlay), asphalt pothole repairs, reconstruction of concrete curb ramps, sidewalks, curb and gutter at various locations and restoration of pavement markings and striping. The project location map is provided on Attachment E.

The construction portion of the project was advertised on June 1, 2023. The following eight (8) bids were received by the City at the Bid Opening held on June 21, 2023 at 1:00 PM. Below is the list of bidders and bid amounts:

Bidder Name (from low to high) Bid Amount
All American Asphalt $922,222.00
Sequel Contractors, Inc. $963,808.00
Hardy & Harper, Inc. $980,000.00
Copp Contracting, Inc. $991,775.70
Onyx Paving Company, Inc. $996,000.00
Gentry Brothers, Inc. $1,023,908.60
Palp Inc. DBA Excel Paving Company $1,084,495.00
R.J. Noble Company $1,172,055.00
Staff conducted a bid analysis and verified CA contractor’s licensing with the Department of Industrial Relations (DIR) registration, state and federal debarment files and references for All American Asphalt. Per the bid analysis, the Bid submitted by All American Asphalt was determined to be the lowest responsive bid. The Bid submitted by All American Asphalt and the bid analysis completed by staff is attached as reference.

ATTACHMENTS:

Attachment A - Resolution No. 23-68
Attachment B - Bid Submitted by All American Asphalt
Attachment C - Bid Analysis
Attachment D - Construction Contract
Attachment E – Project Location Map
01257.0006/902001.2

ATTACHMENT A
RESOLUTION NO. 23-68

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING PLANS AND SPECIFICATIONS AND

AWARDING CONSTRUCTION CONTRACT TO ALL
AMERICAN ASPHALT FOR FY 22/23 RESIDENTIAL STREET

REHABILITATION PROJECT
WHEREAS, the City of South El Monte desires to construct asphalt roadway resurfacing (asphalt cold mill and overlay) improvements, asphalt pothole repairs, reconstruction of concrete curb ramps, sidewalks, curb and gutter at various locations and restoration of pavement markings and striping at various locations identified on the City Pavement Rehabilitation; WHEREAS, the City solicited bids for the FY 22/23 Residential Street Rehabilitation Project, on June 1, 2023, and the City received eight (8) bids for the Project on June 21, 2023; and WHEREAS, City staff evaluated all bids and determined All American Asphalt has submitted the lowest responsive bid for the Project.

NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated by reference.

SECTION 2. The City Council of South El Monte (“City”) hereby adopts and approves the plans and specifications for the FY 22/23 Residential Street Rehabilitation Project, with respect to design and criteria. Copies of the plans and specifications are on file in the City’s Engineering Department.

SECTION 3. Upon reviewing the bids submitted for the work to be performed pursuant to contract and the plans and specifications, the City Council hereby finds that All American Asphalt has submitted the lowest responsive bid for the Project, in the amount of $922,222, with a 15% contingency amount of $138,333.30 for a total project construction budget amount not to exceed $1,060,555.30.

SECTION 4. The City Council hereby authorizes and directs the City Manager to execute a construction agreement with All American Asphalt for the project, subject to review and approval as to form by the City Attorney. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution. 01257.0006/902001.2
PASSED, APPROVED and ADOPTED this 27th day of June, 2023. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-68 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 27th day of June, 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
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v
v
v
v
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v
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v
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Completed and Signed Bid Cover Form
Completed and Signed Bid Sheets
Completed, Signed and Notarized Questionnaire
Completed References Form
Resume of General Construction SuperintendenUOn-Site Construction Manager Completed Designation of Subcontractors Form
Completed and Signed Industrial Safety Record Form
Completed, Signed and Notarized Bid Bond or Other Security Form Signed and Notarized Noncollusion Declaration Form
Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder
Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

BID B-1
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

ATTACHMENT B
BID

CITY OF SOUTH EL MONTE
FY 22/23 RESIDENTIAL STREET REHABILITATION PROJECT
City Project No.: 628
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH EL MONTE:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished . Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of South El Monte to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.

Bidder acknowledges receipt of all addenda, as follows:

Addendum No. --~N~/~A~-- Date:

Addendum No. Date: -------
Addendum No. Date: -------
Addendum No. ______ _ Date:

The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.

Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.

BID B-2
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID" The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 267073 Class A, C-12 , which expires on 1/31/2024
Bidder's Name: _A_ll_A_m_e_r_ic_a_n_A_s_p_ha_lt __________ _ Signature: Edward J. Carlson
Signature: Michael Farkas
Title: Vice President Date: <o\ \(\ \ :G
Title: Secretary Date: rahq \~
BID B-3
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" 2022

PAST WORK REFERENCES
City of Manhattan Beach
1400 Highland Ave.

Manhattan Beach, CA 90266
Contact: Bianca Cardenas {310} 802-5357
[email protected]
RMV Realty, Inc.
28811 Ortega Hwy
San Juan Capistrano, CA 92693
Contact: Kelly Haymes
[email protected]
City of Westlake Village
31200 Oak Crest Dr.

Westlake Village, CA 91361
Contact: Roxanne Hughes {805} 890-8885
[email protected]
City of Burbank
275 E Olive
Burbank, CA 91502
Contact: Artin Megerdichian (818) 238-3942
[email protected]
City of Highland
27215 Base Line St.

Highland, CA 9234
Contact: Amanda Perez (909) 864-6861
[email protected]
Slurry Seal of Central Area of Sands Section
Contract Amount: $730,251.42
Start Date: 12/2021
End Date: 7 /2022
Planning Area 3.1 Street Improvement
Contract Amount: $3,996,996.00
Start Date: 4/2021
End Date: 4/2022
Dales Dr. and Parkridge Ave Street lmprov.

Amount: $1,025,336.00
Start Date: 5/2022
End Date: 6/2022
Local Residential St. lmprov. Project
Contract Amount: $7,761,320.00
Start Date: 1/2022
End Date: 12/2022
Pavement Management Program
Contract Amount: $2,082,099.00
Start Date: 10/2021
End Date: 12/2022
2022

PAST WORK REFERENCES
Toll Bros, Inc.
725 W. Town & Country Road, Ste 200
Orange, CA 92868
Contact: Brandon Haskell {714) 347-1360
[email protected]
City of Fullerton
303 W. Commonwealth Ave
Fullerton, CA. 92632
Contact: Nick Esposito {714) 738-6851
[email protected]
City of Norco
2870 Clark Ave
Norco, CA 92860
Contact: Chad Blais (951) 270-5678
[email protected]
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA. 92660
Contact: Ben Davis (949) 644-3311
[email protected]
City of Villa Park
17855 Santiago Blvd.

Villa Park, CA 92667
Contact: Hamid Torkamanha {714) 998-1500
[email protected]
The Metro Heights
Contract Amount: $2,675,250.00
Start Date: 11/2021
End Date: 04/2022
Miscellaneous Rehab FY 21-22
Contract Amount: $704,080.00
Start Date: 06/2022
End Date: 12/2022
Corporate Yard Pavement Rehab
Contract Amount: $612,755.33
Start Date: 10/2021
End Date: 12/2022
E. Coast Highway & Marguerite Avenue
Pavement Rehabilitation Contract No. 7807-2
Contract Amount: $3,363,056.00
Start Date: 01/2022
End Date: 10/2022
FY2021-2022 Slurry Seal Project
Contract Amount: $128,497.60
Start Date: 02/2022
End Date: 12/2022
2022

PAST WORK REFERENCES
City of Norwalk
12700 Norwalk Blvd.

Norwalk, CA 90650
Contact: Damian Rosales (562) 929-5527
[email protected]
City of Buena Park
6650 Beach Blvd.

Buena Park, CA 90621
Contact: Cesar Ortiz (714) 562-3689
[email protected]
City of Santa Clarita
23920 Valencia Blvd. #120
Valencia, CA 91355
Contact: Juana Alfaro (661) 255-4942
[email protected]
Lewis Operating Corp.
1156 N. Mountain Ave.

Upland, CA 91786
Contact: Bill Hanson (909)985-0971
[email protected]
City of La Mirada
15515 Phoebe Avenue
La Mirada, CA 90638
Contact: Priscilla Yi (562) 902-2374
[email protected]
Local St. Rehabilitation Project
Contract Amount: $1,041,470.00
Start Date: 01/2021
End Date: 12/2022
Eighth Street Rehab Project
Contract Amount: $510,000.00
Start Date: 1/2021
End Date: 12/2022
Dales Dr. and Parkridge Ave Street lmprov.

Amount: $1,025,336.00
Start Date: 5/2022
End Date: 6/2022
Meridian Phase 3 Street Improvements
Contract Amount: $4,947,887.50
Start Date: 11/2021
End Date: 12/2022
Neighborhood Slurry Seal Area 3
Contract Amount: $799,151.00
Start Date: 6/2022
End Date: 12/2022
2021

PAST WORK REFERENCES
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Contact: Jose Cortez (714) 765-5039
[email protected]
County of Orange
601 North Ross Street
Santa Ana, CA 92701
Contact: Stephen Clayton (714) 995-0206
Stephen. claytonr@ocpw .ocgov .com
City of Norwalk
12700 Norwalk Blvd.

Norwalk, CA 90650
Glen W. C. Kau (562) 929-5723
ukau(ci),norwalkca. gov
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Navin Marn (714) 741-5180
nmaru@ggc i ty .org
State College Boulevard Improvement
from Ball Road to SR 91 Freeway
Contract Amount: $484,848.00
Start: 8/2021
Complete: 4/2022
Rossmoor Collectors Grind & Overlay
Contract Amount:$ 2,148,320.90
Start: 4/2021
Complete: 12/2021
Local Streets Rehabilitation
Zone 27 East of Gard - No. 7925.3
Contract Amount: $1 ,051,330.00
Start: 6/2021
Completed: 12/2021
Arterial STS. Rehabilitation
Contract Amount: $3, 18 5 ,281. 00
Start: 6/2022
Complete: 12/2021
2021

PAST WORK REFERENCES
Colony Commerce
C/O Caprock Partners
1300 Dove Street Suite 200
Newport Beach, CA 92660
Contact: Eric Nutter (949) 428-1400 Ext. 209
[email protected]
Lennar Homes
25 Enterprise #300
Aliso Viejo, CA 92656
Contact: Diane Hannon (949)349-8000
Diane.hannon(@.lennar.com
City of Norco
2870 Clark Ave.

Norco, AC 92860
Contact: Todd Shank (951) 270-5603
[email protected]. us
Los Angeles Department of Water and Power
111 North Hope Street, L-43
Los Angeles, Ca 90012
Contact: Joelle Morisseau (213) 367-0123
[email protected]
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
Contact: Scott Fisher (949) 248-3577
[email protected]
City of Corona
400 South Vicentia
Corona, CA 92852
Contact: Barry Ghaemi (951) 736-2400
bghaemi ({4C oronaca. gov.

Archibald St. Improvements
Contract Amount: $1,949,000.00
Start: 12/2019
Completed: 12/2021
Merrill & Haven Street Improvement
Contract Amount: $1,481,832.15
Start: 6/2020
Completed: 12/2021
Wayne Makin Park Slurry Seal Project
Contract Amount: $52,725.89
Start: 10/2021
Completed: 12/2021
Pine Tree Power Plant Access Road Repair
Improvements
Contract Amount: $810,400.00
Start: 5/2021
Completed: 7 /2021
Slurry Seal Project 19/20
Contract Amount: $1 ,897 ,897 .00
Start: 04/2020
Completed: 05/2021
Street Pavement Maintenance
& Rehabilitation Project No. 2020.01
Contract Amount: $3,471,178.00
Start: 6/2021
Completed: l/2022
2020

PAST WORK REFERENCES
City of Ontario
303 East B Street
Ontario, CA 91764
Contact: Ariana Kem (909) 395-2129
[email protected]
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
Contact: T. Jarb Thaipejr (909) 799-4400
[email protected]
City of Jurupa Valley
8920 Limonite Avenue
Jurupa Valley, CA 92509
Contact: Chase Keys (951) 332-6464
[email protected]
County of Orange
601 N. Ross Street, 4th Floor
Santa Ana, CA 92701
Contact: Albert Rodriguez
[email protected]
City of Compton
205 S. Willowbrook Avenue
Compton, CA 90220
Contact: Brittany Duhn (Z & K Consultants)
[email protected]
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
~ontact: Joe Fuentes (714) 536-5259
[email protected]
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 Hill Drive 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
2019

PAST WORK REFERENCES
City of Simi Valley
2929 Tapo Canyon Rd.

Simi Valley, CA 93063
Contact: Sarah Sheshebor (805)583-6792
[email protected]
County of Ventura
501 Poli Street
Ventura, CA 93001
Contact: Christopher Solis (805) 654-2054
[email protected]
City of Stanton
7800 Katella Avenue
Stanton, CA. 90680
Contact: Guillermo Perez (714) 890-4204
[email protected]
City of Compton
205 S. Willowbrook Avenue
Compton, CA. 90220
Contact: John Strictland (310) 605-5505
jstrictland@com ptoncity. o rg
City of San Clemente
910 Calle Negocio
San Clemente, CA. 92673
Contact: Darra Koger (949) 361-3138
[email protected]
City of South Gate
8650 California Avenue
South Gate, CA. 90280
Contact: John Rico (323) 563-9594
[email protected]
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
2019

PAST WORK REFERENCES
Pardee Homes
1250 Corona Pointe Court, Ste. 600
Corona, CA. 92879
Contact: Nick Lasher (951) 428-4442
nick. [email protected]
City of Fontana
8353 Sierra Avenue
Fontana, CA. 92335
Contact: Kimberly Young (909) 350-7632
[email protected]
DR Horton
2280 Wardlow Circle Ste. 100
Corona, CA. 92880
Contact: Keith Alex (951) 830-5872
[email protected]
Irvine Community Development Company
550 Newport Center Dr. Ste. 550 82
Newport Beach, CA. 92660
Contact: Mike Morse (949) 720-2560
[email protected]
City of Downey
11111 Brookshire Avenue
Downey, CA. 90241
Contact: Desi Gutierrez, (562) 904-7110
[email protected]
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
Singlton Road
Contract Amount: $1 ,684,000.00
Start Date: 07/2018
End Date: 12/2019
Portola Springs PA-6 Enclave 58 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
2019

PAST WORK REFERENCES
City of Chino
13220 Central Avenue
Chino, CA. 91710
Contact: Dustin Postovoit (909) 334-3415
[email protected]
City of Lancaster
44933 Fern Avenue
Lancaster, CA. 93534
Contact: Greg Wilson (661) 570-8003
[email protected]
City of Colton
650 N. La Cadena Dr.

Colton, CA. 92324
Contact: Victor Ortiz (909) 370-5099
[email protected]
City of Cathedral City
68700 Ave Lalo Guerrero
Cathedral City, CA. 92234
Contact: John A. Corella (760) 770-0349
[email protected]
City of San Clemente
910 Calle Negocio
San Clemente, CA. 92673
Contact: Gary Voborsky (949) 361-6132
[email protected]
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: 212019
End Date: 12/2019
Arterial Street Pavement Maintenance
Contract Amount: $1 , 187, 187. 00
Start Date: 3/2019
End Date: 7/2019

CITY OF SOUTH EL MONTE

BID SHEETS FOR
FY 22/23 RESIDENTIAL STREET REHABILITATION PROJECT
Bidder's Name: All American Asphalt
To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:

BASE BID SCHEDULE

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED

NO QUANTITY PRICES AMOUNT
1 2" Cold-mill existing asphalt pavement 288,000 SF $ Q. tJ.'- $ /5Z-, I t/-ttJ~
Construct 2" AC Type C2-PG 64-10,
2 $ J#. adjust MH frame and cover, water valve 3,556 TONS $ .5' I 2< tJ fe. t/. cover and gas valve cover to grade. , Work includes crack sealing .

Full Depth Localized Asphalt Concrete
Patch. Work includes remove existing
3 AC pavement section to 1 O" depth. 5,760 SF $ /tJ.7..5 $ /pf tJ._2(), Construct 4" AC type C2-PG 64-10 over I 6" Crushed Aggregate Base (CAB) over
8" scarified and compacted subqrade.
4 Remove and replace 4" PCC sidewalk 755 SF $ Ii $ LD 570, per SPPWC std plan 113-2 7 Remove and replace PCC curb and
gutter per SPPWC std plan 120-3 to
5 match existing. Work shall include AC 236 LF $ IJ~ $ 2i 7~0, slot patch (reconstruction of 1 foot strip x 8" deep of ac pavement section).

Remove and replace PCC residential
driveway approach per SPPWC Std
6 Plan 110-2 to match existing. Curb and 376 SF $ ~' $s; ~t/-0, gutter, and AC slot patch is paid under a separate bid item.
7 Remove and construct curb ramp per 19 EA $ !.:> ~o. $I 2-~. ZctJ., SPPWC std plan 111-5 type 6 case A 8 Remove and construct curb ramp per 1 EA ~tl0 $ ~1 [oa · SPPWC std plan 111-5 type 5 case A BID B-4
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

BASE BID SCHEDULE

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED

NO QUANTITY PRICES AMOUNT
9 Remove and construct curb ramp per 2 EA $ ~/X>o $ 16, tW- SPPWC std plan 11 1-5 type 2 case B ' 10 Remove and construct curb ramp per 1 EA $ ~ <tlJ4 $ (:,_ ~-- SPPWC std plan 11 1-5 type 2 case D r 11 Install truncated dome on existing curb 2 EA /~l $ 2.ll'YJ. ramp -7 Remove existing pavement markings
12 and striping including raised pavement 1 LS ~<f/,f $ ii,. 9~'l. markers and install pavement TOTAL BASE BID AMOUNT IN DIGITS $<]2, 2- '2- 2-2' 1
The award of Contract shall be based on the TOTAL BASE BID SCHEDULE AMOUNT.

In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.

Full compensation for the items listed to the A Mobilization I Demobilization right (Items A, B, & C) are considered as B. Traffic Control, Public Convenience and included in each and all bid Items listed in the Safety bid schedule as applicable, and no additional C. SWPPP Implementation, Erosion Control and and/or separate compensation will be allowed. BMP'S
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.

All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.

The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.

A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

BID B-5
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID" TOTAL BASE BID SCHEDULE PRICE IN DIGITS: $ 9 L ~ 2- z_z_, TOTAL BASE BID SCHEDULE PRICE IN WORDS:

MA/e- a/JdrJ 22r-/ed-T77A-JtJ -z;?_pt( fvncl /?Va
Signature: Edward J. Carlson ~~ Title:Vice President Date: C:,\ q\~3 Signature: Michael Farkas Title: Secretary Date: \a\lql~ BID B-6
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: _A_ll_A_m_e_r_ic_a_n_A_s....:.p_h_a_lt _______________ _ (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.

NIA
(3) Business Address: 400 E. Sixth St., Corona, CA 92879 (4) Telephone: 951-736-7600 Facsimile: 951-739-4670
(5) Type of Firm - Individual, Partnership, LLC or Corporation: _C_o_r..;...p_o_ra_t_io_n ____ _ (6) Corporation organized under the laws of the State of: _C_a_l_ifo_r_n_ia _______ _ (7) California State Contractor's License Number and Class: _2_6_70_7_3 ____ ___ _ (8)
(9)
(10)
Original Date Issued: _1_11_9_17_1 ___________ Expiration Date: 1/31/2024 DIR Contractor Registration Number: _1_0_0_0_00_10_5_1 ___________ _ List the name and title of the person(s) who inspected the Project site for your firm:

Maurice Ramirez
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION.

Name of Person who inspected the site: Maurice Ramirez
Date of Inspection: 61712023
(11) Number of years' experience the company has as a contractor in construction work:~ (12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid:

BID
Mark Luer - President - 400 E. Sixth St.. Corona. CA 92879 - 951-736-7600 Edward J. Carlson , Vice President - 400 E. Sixth St. , Corona, CA 92879 - 951-736-7600 Michael Farkas, Secretary - 400 E. Sixth St. , Corona, CA 92879 - 951-736-7600 B-7
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid:

N/A
N/A
NIA
(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:

N/A
NIA
N/A
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:

NIA
N/A
NIA
b. Briefly summarize the parties' claims and defenses:

N/A
NIA
N/A
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

N/A
NIA
N/A
(16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

N/A
BID B-8
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" N/A
N/A
(17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.

N/A
N/A
NIA
(18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain.

N/A
N/A
N/A
(19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:

Yes 8
Yes (§)
a. By you against the owner? Circle one:
b. By the owner against you? Circle one:
c. By any outside ~gency
Yes ~
or individual for labor compliance?
Circle one:
d. By Subcontractors? Circle one: Yes ~
e. Are any of thes~laims
Circle one: Yes ~
or actions unresolved or outstanding?
If your answer is "yes" to any part or parts of this question, explain.

N/A
N/A
N/A
(20) List the last three (3) projects you have worked on or are currently working on for the City of South El Monte:

N/A
BID B-9
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" N/A
N/A
Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.

The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

Notary Public
Subscribed and sworn to me: ~~----
Signature: ____ -t.-d!C---------
This __ day of -b"I-¥----' 20 ___ _
Title: -----+- ----------
(SEA
BID
Company
Signature: RF----
Title: Edward 'J . Carlson, Vice President
Date: -------------
Signature: ------=--=-- (__ __ _
Title: Michael Farkas , Secretary
Date: --------------
B-10
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" CALIFORNIA JURAT GOV CODE § 8202
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val idity of that document.

State of California
County of Riverside Subscribed and sworn to (or affirmed) before Place Notary Seal Above
me on this 19th day of June
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)~ ____ __,M~ic~h=ae=l~F~a~rk~a~s~---------' Name of Signer on the basis of satisfactory evidence
ho appeared before me.)
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 fraudu lent removal and reattachment of this form to another document.

Further Description of Any Attached Document
Title or Type of Questionnaire South El Monte
Document Date: 6-19-2023 Number of Pages: __ 1 _
Signer(s) Other Than Named Above: -~N=o~n~e ____ _

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here

REFERENCES FORM
For fill public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:

Project 1 Name/Number Local Residential Street Improvement Project Project Description _A_s....:...p_h_a_lt_P_a_v_in-=g~-------------------- Approximate Construction Dates From: 1 /2022 To: __ 1_2_12_0_22 __ _ Agency Name: City of Burbank
Contact Person: Artin Megerdichian Telephone: _81_8_-_23_8_-_39_4_2 _____ _ Address: 275 E. Olive - Burbank, CA 91502
Original Contract Amount: $ $7,761 ,320.00 Final Contract Amount: $ $7,761 ,320.00 If final amount is different from original amount, please explain (change orders, extra work, etc.).

N/A
N/A
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
Project 2 Name/Number Pavement Management Program
Project Description Asphalt Paving ~--------"--------------------~ Approximate Construction Date
Agency Name: City of Highland
Contact Person: Amanda Perez
From: 10/2021 To: 12/2022
Telephone: __ 9_0_9_-8_6_4_-_6_86_1 ____ _
Address: 27215 Base Line St. - Highland, CA 92346
Original Contract Amount: $ $2,082,099.00 Final Contract Amount: $ $2,082,099.00 BID B-11
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID" If final amount is different from original amount, please explain (change orders, extra work, etc.).

N/A
N/A
Did you or
Circle one: Yes
any Subcontractor, file any claims against the Agency?
No
Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
Project 3 Name/Number Miscellaneous Rehab FY 21-22
Project Description _A_s_p_h_a_lt_P_a_v_in_g ____________________ _ Approximate Construction Dates
Agency Name: City of Fullerton
From: 06/2022 To: 12/2022
contact Person: _N_i_ck_E_s_po_s_it_o _______ Telephone: __ 7_14_-_7_3_8-_6_8_5_1 ____ _ Address: 303 E. Commonwealth Ave. - Fullerton , CA 92632 Original Contract Amount: $ $704,080.00 Final Contract Amount: $ 704,080.00 If final amount is different from original amount, please explain (change orders, extra work, etc.).

N/A
N/A
Did you or
Circle one: Yes
any Subcontractor, file any claims against the Agency?
No
Did the Agency file any claims against you? Circle one: Yes Q If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
BID B-12
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" Project 4 Name/Number Corporate Yard Pavement Rehabilitation Project Description _A_s...:...p_h_a_lt_P_a_v_in-=g ____________________ _ Approximate Construction Dates From: 10/2021 To: 12/2022 AgencyName: _C_i-=ty_o_f_N_o_r_c_o _______________________ _ Contact Person: Chad Blais -----------~
Address: 2870 Clark Ave. - Norco, CA 92860
Original Contract Amount: $ $612,755.33
Telephone: 951-270-5678 .

Final Contract Amount: $ $612,755.33
If final amount is different from original amount, please explain (change orders, extra work, etc.).

N/A
NIA
Did you or
Circle one: Yes
any Subcontractor, file any claims
No
Did the Agency file any claims against you? Circle one: Yes against the Agency?
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
project 5 Name/Number _E_._c_o_a_st_H_ig_h_w_ay_&_M_a_rg_ue_r_ite_A_v_e_n_ue_P_a_v_em_en_t_R_eh_a_b_ili_ta_tio_n_, _c_on_tr_a_ct_N_o_. 7_8_07-2 Project Description _A_s_p_h_a_lt_P_a_v_in""'g ____________________ _ Approximate Construction Dates From: 01/2022 To: 10/2022 Agency Name: City of Newport Beach
Contact Person: _B_e_n_D_a_v_is _______ Telephone: __ 9_4_9_-_6_4_4_-3_3_1_1 ___ _ Address: 100 Civic Center Drive - Newport Beach, CA 92660 Original Contract Amount: $ $3,363,056.00 Final Contract Amount: $ $3,363,056.00 If final amount is different from original amount, please explain (change orders, extra work, etc.).

NIA
NIA
BID B-13
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" Did you or
Circle one: Yes
any Subcontractor, file any claims against the Agency?
No
Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
Projects Name/Number Local Street Rehabilitation Project Project Description _A_s_p_h_a_lt_P_a_v_in_g ____________________ _ Approximate Construction Dates From: 1 /2021 To: 12/2022 AgencyName: _C_i~ty_o_f_N_o_rw_a_lk ______________________ ~ Contact Person: Damian Rosales
Address: 12700 Norwalk Blvd. - Norwalk, CA 90650
Original Contract Amount: $ $1 ,041,470.00
Telephone: 562-929-5527
Final Contract Amount: $1 ,041,470.00
If final amount is different from original amount, please explain (change orders, extra work, etc.).

N/A
N/A
Did you or
Circle one: Yes
any Subcontractor, file any claims against the Agency?
No
Did the Agency file any claims against you? Circle one: Yes @ If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A
N/A
BID B-14
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" RESUME
Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project.

Art Ramirez, General Construction Superintendent

SEE ATTACHED RESUME
BID B-15
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" P.O. Box 2229, Corona. CA 92878-2229
Art Ramirez
1988-Present All American Asphalt
Paving Superintendent
• Managed daily operations for paving.
• Responsible for proper placement of asphalt materials. 198~1988
Operating Engineer
Corona, CA
• Responsible for daily maintenance and operation of various heavy machinery, including paving machines.
1978-1980
Operating Engineer
Guy F. Atkinson California
• Responsible for daily maintenance and operation of various heavy machinery, including paving machines.
1976-1978
Operating Engineer
R.J. Noble Orange, CA
• Responsible for daily maintenance and operation of various heavy machinery, including paving machines.

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the 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 percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which CSLB License DIR Contractor Address and Type of Work Percentage of Subcontractor is Number(s) and Registration Phone Number (e.g., Electrical) Total Bid (e.g., Licensed Class( es) Number 10%r
and Registered
"{}t5e1 ~ ryJ ) v r tl..u- lS</1/ ltJl)~/~33
(p I l/tf. ,A/. Jvyj/~ )
bC-kAo~s-r 'f60Jo r!f l"CU"lf~ /} 28/iJ
iJr£/bz8<69</l
JI- s B""35v/ • 15#~ /()~fo{fJ2 J/i/l-t-C/.drd A ~~ . J.50J;; D ltfct r'J. 917 61 5;9111,119 f
°Id! 9 7 8'1n3 ~,PN?'f
• The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b).

Contractor shall perform, with its own organization (rather than with Subcontractors), Work amounting to at least fifty percent (50%) of the Contract Price.

BID B-16
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

INDUSTRIAL SAFETY RECORD FORM
Bidder's Name __ A_ll _A_m_e_r_ic_a_n_A_sp_h_a_l_t ___ ____ _ Current
Year of 2022 2021 2020 2019 2018 Total
Record
Number of 301 749 966 933 1051 1146 5146 contracts
Total dollar
amount of
contracts (in 197,521 308,061 277,711 261 ,406 287,961 331 ,655 H,664,315 thousands of
dollars)
Number of 0 0 0 0 0 1 1 fatalities
Number of lost 3 7 0 0 12 16 38
workday cases
Number of lost
workday cases
involving
permanent 0 0 0 0 0 0 0
transfer to
another job or
termination of
employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records.

Signature:

Title: EdwaF
Date:

BID
arlspn 'qVi~ President Qf!Ji>TJ
Title
Signature:
: Michael
-.

Fai"aSJSecretary
L Date: lV f1 ~1
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" B-17
~
'l\:-.~ 2. ~
ALL AMERICAN - -ASPHALT-- AN EQl)AL OPPORTUN ITY EMPLOYER To whom it may concern,

ALL AMERICAN ASPHALT

ALL AMERICAN AGGREGATES
T 951-736-7600 F 951-739-4671
P.O. Box 2229, CORONA, CA 92878-2229
CONTRACTORS LI CENS E #267073 A.Cl2
DIR #1000001051
On May 3, 2018, an All American Asphalt employee was struck and killed by a piece of heavy equipment on a job site in Encino, CA. Immediately after the incident, safety meetings were held on all construction crews in order to retrain employees on safe practices when working in the vicinity of heavy equipment.

Topics covered included communication with operators, planning work so that employees are not close to equipment, never working in equipment blind spots, and the importance of situational awareness. All equipment is checked daily for safety defects. Employees are encouraged to speak up about safety concerns and to help each other work in the safest manner possible. Safety is a core value of All American Asphalt.

Signed,
David Pease
Consultant

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

Bond No. 08597423
Bid Date: 06/21/2023
WHEREAS the City of South El Monte ("City"), has issued an invitation for Bids for the Work described as follows: FY 22/23 Residential Street Rehabilitation Project - City Project No. 628 WHEREAS All American Asphalt - 400 East Sixth Street, Corona, CA 92879 (Name and address of Bidder)
("Principal"), desires to submit a Bid to City for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids.

NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety)
("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Ten Percent of Total Amount Bid----- Dollars ($ 10% of Bid ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum 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 hereby bounded Principal is awarded the Contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shal l become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.

BID B-18
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: June 14, 2023
"Principal" "Surety"
All American Asphalt Fidelity and Deposit Company of Maryland By: By: ~~('Q ~~-~-.~··.,,· ~ Its: Its: Rebecca Haas-Bates, Attorney"'i,fl -F.a~ - ---. ' _
..../ ... - -- ,. ~ ... _- ,,....- .... --:::..
- : >- --;. ··: _ .. "2 - ~ . -=
By: By:

Its: Its:

Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
rue B~9
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID" CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the cloc11ment to w hich this certitic::ite is ilttHchecl. Hncl not the tmthfulness. Hcc11rncv. or vH liclitv ofthHt cloc11ment.

State of California
County of -----=Ri-=c. v--'e=r=s1=· d=e'----
On June 19, 2023 before me, ___ ___:_;K::..::e~n=-=o~n==a'-'N:....:..=az=ar=-=i_,__, ~N.:....:o=t=ar=-y<---=-P....:::u=-=b'-"'h=-= · c'--------- Date personally appeared
Place Notary Seal Above
Here Insert name and Title of the Officer
Edward J. Carlson and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that i=le/sAei'their executed the same in l:lisJAef/their authorized capacity(ies), and that by l:lisJl:lefltheir 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 PENAL TY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. ~~~~~~~~~~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 - City of South El Monte Document Date: June 14, 2023 Number of Pages: 4
Signer(s) Other Than Named Above: Rebecca Haas-Bates. Attorney-in-Fact Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
o Individual
Signer's Name: --'-'-M~ic=h=a=e~I ~F-=a""'rk'""a=s"------ o Individual
X Corporate Officer - Title(s): Vice President X Corporate Officer - Title(s): Secretary o Partner O o Limited o General
o Attorney in Fact RIGHT THUMBPRINT RIGHT THUMBPRINT
OF Sl('.;NFR OF Sl(;NFR
o Partner o o Limited o General
o Attorney in Fact
o Trustee Top of thumb here
o Trustee Top of thumb here
o Other: o Other:

Signer is Representing: Signer is Representing:

All American Asohalt All American Asohalt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
•
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Countyof_O_ra_n~g~e---------~
On 06/ 14/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared _R_e_be_c_c_a _H_aa_s_-B_a_t_es ______________________ _ Name~of Signer'(s}.
who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/Me subscribed to the within instrument and acknowledged to me that fle/she/the¥ executed the same in !'tis/her/their authorized capac ty~. and that by hiii/her/their signature~on the instrument the person~ or the entity upon behalf of which the erson~ acted, executed the instrument.

AlJM KAREN HERMANDEZ
Notary Public · California
Orallie County . ' Commission II 2390908
• .,.o ,.,• My Comm. Expires Jan 16, 2026
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signature of Notary Public
~~~~~~~~~~~~~~~oPTIONAL~~~~~~~~~~~~~~-
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Bid Bond Document Date: _0_6_11_4_12_0_2_3 ___ _ Number of Pages: Two (2) Signer{s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates
0 Corporate Officer - Title{s): _____ _ _
0 Partner - 0 Limited 0 General
0 Individual ~Attorney in Fact
0 Trustee 0 Guardian or Conservator
D Other:--------------- Signer Is Representing: --~.,...---,----,----- Fidelity and Deposit Company of Maryland
Signer's Name: ____________ _
0 Corporate Officer - Title{s): ______ _
0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee D Guardian or Conservator
0 Other: - ------------- Signer Is Representing: --------- •
©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the ByLaws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney .. . Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following 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 reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this~ day of June 2023
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
[email protected]
800-626-4577

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article Y, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BA TES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLO IAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

JN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COM PANY, COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, th is 11th day of June, A.D. 20 19.

By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretmy
State of Maryland
County of Baltimore
ATTEST:

ZURJCH AMERICAN INSURANCE COMPANY

COLO 'IAL AMERJC N CASUAL TY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.--..... : .... ~_ ........... __ .... -. ~
.... '-'-.~,. .... :- - . ' - ..... ....- --;. ..... _ .... -:~- -:: (.'1, /"""
_, .· . ..,,
· ... _;,,,,-' --
'• ... · "--..- ..

On this I Ith day of June, A.D. 2019, before the subscriber, a otary Public of the State of Maryland, duly commissioned and qualified, Robert D.

Murray, Vice President and Dawn E. Brown, Secreta ry of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesa id, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, otary Public
My Commission Expires: July 9, 2023

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
The undersigned declares:

I am the Vice President
Bid.
of All American Asphalt , the party making the foregoing 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 fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on j ul\e 1Cf12D 23 [date], at Corona [city], California [state].

Signature: Signature:

Printed Name: Edward J. Carlson. Vice President Printed Name: Michael Farkas, Secretary Date: Date: wlt0i\J.3
This form must be notarized.

BID B-20
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID" CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the cloc11ment to which this certifi cHte is llttiichecl. iincl not th e trnthfu ln ess. ii cc 11 rncv. or vii liclitv ofthllt cloc11ment.

State of California
County of ___ Ri_.__er~s_id_e __ _
On June 19, 2023 before me, ____ K=e=n=o=n=a'--'N'-'=az=a=r=i,_, N"-'-"o'-""t=aryo.1--=-P-"'u=b=li""c ______ _ Date personally appeared
Place Notary Seal Above
Here Insert name and Title of the Officer
Edward J. Carlson and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that fie/sfle/their executed the same in i:lislAe!;ltheir authorized capacity(ies), and that by i:lislAe!;ltheir 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 PENAL TY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. ----------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 Non-Collusion Declaration - City of South El Monte Document Date: ----'J'--"u=n=e~1""'9'-'-=2"-'0=2=3'------- Number of Pages:

Signer(s) Other Than Named Above: _N_o_n_e _____________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
o Individual
X Corporate Officer - Title(s): Vice President
o Partner O o Limited o General
o Attorney in Fact RIGHT THUMBPRINT
OF SICiNER
o Trustee Top of thumb here
o Other:

Signer is Representing:

All American Asohalt
Signer's Name: -~M~ic=h=a=e~I ~F~a~rk~a=s"-------
o Individual
X Corporate Officer - Title(s): Secretary
o Partner O o Limited o General RIGHT THUMBPRINT
I OF SICiNFR o Attorney in Fact
o Trustee Top of thumb here
o Other:

Signer is Representing:

All American Asohalt

ALL AMERICAN
\' - -ASPHALT-- AN EQ!)AL OPPORTUNITY EMPLOYER

ALL AMERICAN ASPHALT

ALL AMERICAN AGGREGATES

CORPORA TE RESOLUTION
T 95 1-736-7600 F 951-739-4671
P.O. Box 2229. CORONA. CA 92878-2229
CONTRACTORS LICENSE #267073 A.C12
DIR # 100000 1051
Resolved, that this Corporation, All American Asphalt, on January 2, 2023, authorizes Edward]. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice President.

Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 2" Cold-mill existing asphalt pavement 288,000 SF $0.46 $132,480.00 $0.50 $144,000.00 $0.42 $120,960.00 $0.41 $118,080.00 $0.69 $198,720.00 $1.00 $288,000.00 $0.39 $112,320.00 $0.68 $195,840.00 $0.57 $163,800.00 $0.39 $1.00 2 Construct 2” AC Type C2-PG 64-10, adjust MH frame and cover, water valve cover and gas valve cover to grade. Work includes crack sealing. 3,556 TONS $144.00 $512,064.00 $140.50 $499,618.00 $131.00 $465,836.00 $138.00 $490,728.00 $123.00 $437,388.00 $102.00 $362,712.00 $152.00 $540,512.00 $150.00 $533,400.00 $135.06 $480,282.25 $102.00 $152.00 3 Full Depth Localized Asphalt Concrete Patch. Work includes remove existing AC pavement section to 10” depth. Construct 4” AC type C2-PG 64-10 over 6” Crushed Aggregate Base (CAB) over 8” scarified and compacted subgrade. 5,760 SF $10.75 $61,920.00 $9.10 $52,416.00 $18.40 $105,984.00 $15.00 $86,400.00 $13.75 $79,200.00 $7.00 $40,320.00 $15.00 $86,400.00 $16.00 $92,160.00 $13.13 $75,600.00 $7.00 $18.40 4 Remove and replace 4" PCC sidewalk per SPPWC std plan 113-2 755 SF $14.00 $10,570.00 $16.00 $12,080.00 $16.20 $12,231.00 $22.54 $17,017.70 $16.00 $12,080.00 $10.00 $7,550.00 $21.00 $15,855.00 $13.00 $9,815.00 $16.09 $12,149.84 $10.00 $22.54 5 Remove and replace PCC curb and gutter per SPPWC std plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 foot strip x 8" deep of ac pavement section). 236 LF $105.00 $24,780.00 $100.00 $23,600.00 $94.00 $22,184.00 $116.00 $27,376.00 $111.00 $26,196.00 $90.00 $21,240.00 $146.00 $34,456.00 $120.00 $28,320.00 $110.25 $26,019.00 $90.00 $146.00 6 Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 376 SF $15.00 $5,640.00 $19.00 $7,144.00 $10.00 $3,760.00 $24.00 $9,024.00 $27.00 $10,152.00 $12.00 $4,512.00 $27.00 $10,152.00 $20.00 $7,520.00 $19.25 $7,238.00 $10.00 $27.00 7 Remove and construct curb ramp per SPPWC std plan 111-5 type 6 case A 19 EA $6,800.00 $129,200.00 $8,250.00 $156,750.00 $10,500.00 $199,500.00 $9,750.00 $185,250.00 $7,600.00 $144,400.00 $11,000.00 $209,000.00 $11,000.00 $209,000.00 $10,000.00 $190,000.00 $9,362.50 $177,887.50 $6,800.00 $11,000.00 8 Remove and construct curb ramp per SPPWC std plan 111-5 type 5 case A 1 EA $6,800.00 $6,800.00 $8,250.00 $8,250.00 $8,100.00 $8,100.00 $9,750.00 $9,750.00 $7,600.00 $7,600.00 $11,000.00 $11,000.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 $9,062.50 $9,062.50 $6,800.00 $11,000.00 9 Remove and construct curb ramp per SPPWC std plan 111-5 type 2 case B 2 EA $8,000.00 $16,000.00 $8,250.00 $16,500.00 $10,600.00 $21,200.00 $9,750.00 $19,500.00 $7,600.00 $15,200.00 $11,000.00 $22,000.00 $11,000.00 $22,000.00 $10,000.00 $20,000.00 $9,525.00 $19,050.00 $7,600.00 $11,000.00 10 Remove and construct curb ramp per SPPWC std plan 111-5 type 2 case D 1 EA $6,800.00 $6,800.00 $8,250.00 $8,250.00 $8,100.00 $8,100.00 $9,750.00 $9,750.00 $7,600.00 $7,600.00 $11,000.00 $11,000.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 $9,062.50 $9,062.50 $6,800.00 $11,000.00 11 Install truncated dome on existing curb ramp 2 EA $1,000.00 $2,000.00 $900.00 $1,800.00 $750.00 $1,500.00 $1,700.00 $3,400.00 $2,700.00 $5,400.00 $600.00 $1,200.00 $1,400.00 $2,800.00 $1,500.00 $3,000.00 $1,318.75 $2,637.50 $600.00 $2,700.00 12 Remove existing pavement markings and striping including raised pavement markers and install pavement 1 LS $13,968.00 $13,968.00 $33,400.00 $33,400.00 $10,645.00 $10,645.00 $15,500.00 $15,500.00 $52,064.00 $52,064.00 $45,374.60 $45,374.60 $29,000.00 $29,000.00 $72,000.00 $72,000.00 $33,993.95 $33,993.95 $10,645.00 $72,000.00 Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
Apparent Low
Bidder 5
Apparent Low
Bidder 6
Apparent Low
Bidder 7
Apparent Low
Bidder 8
$922,222.00 $963,808.00 $980,000.00 $991,775.70 $996,000.00 $1,023,908.60 $1,084,495.00 $1,172,055.00$922,222.00 $963,808.00 $980,000.00 $991,775.70 $996,000.00 $1,023,908.60 $1,084,495.00 $1,172,055.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

6.00% $55,333
Case Land Surveying $41,500J&S $13,833
TOTAL $55,333.32
Apparent Low Bidder 3

HIGHEST

UNIT BID
PRICE

AVERAGE BID VALUES LOWEST UNIT BID
PRICE

1. BID TABULATION
Bid Item and Description

BID TABULATION
Apparent Low Bidder 1
All American Asphalt
PROJECT NAME: FY 22/23 RESIDENTIAL STREETS REHABILITATION PROJECT, PROJECT NO: 628 Apparent Low Bidder 4
Sequel Contractors, Inc. Hardy & Harper, Inc. Copp Contracting, Inc.

Apparent Low Bidder 5
Onyx Paving Company, Inc. Gentry Brothers, Inc.

SUBCONTRACTORSTOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES YES
Apparent Low Bidder 8
R.J. Noble Company
IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTSCALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNTBID RANKINGSUBCONTRACTOR % AND AMOUNT SHOWN IN THE BIDDID THE BIDDER MEET MAX 50% SUB CONTRACTOR (MIN 50% WORK BY PRIME CONTRACTOR)

REQUIREMENTTOTAL BID AMOUNT INDICATED BY BIDDER
YES
Apparent Low Bidder 7
Palp, Inc. DBA Excel Paving
Apparent Low Bidder 2 Apparent Low Bidder 6
D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\230148 SEM FY 22‐23 STREET REHABILITATION PROJECT\WIP\8.BID ANALYSIS\0.0 BID ANALYSIS, SEM STREET REHAB PROJ, V1BID TABULATION 1 of 4 Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 1 of 31 ATTACHMENT C APPARENT LOW BID AMOUNT: $922,222.00
REVIEW RESULT BY DATEYES RR 6/22/23
YES RR 6/22/23
N/A RR 6/22/23YES RR 6/22/23
$55,333 RR 6/22/2350.00% RR 6/22/2394.00% RR 6/22/23YES RR 6/22/23

50.00% RR 6/22/236.00% RR 6/22/23YES RR 6/22/23
PRIME CONTRACTOR LICENSE STATUS: ALL AMERICAN ASPHALT 267073 RR 6/22/23PRIME CONTRACTOR DIR REGISTRATION STATUS: ALL AMERICAN ASPHALT 1000001051 RR 6/22/23SUB CONTRACTOR LICENSE STATUS: CASE LAND SURVEYING, INC. L5411 RR 6/22/23SUB CONTRACTOR DIR REGISTRATION STATUS: CASE LAND SURVEYING, INC. 1000001533 RR 6/22/23SUB CONTRACTOR LICENSE STATUS: J&S 538211 RR 6/22/23SUB CONTRACTOR DIR REGISTRATION STATUS: J&S 1000006912 RR 6/22/23PRIME CONTRACTOR DEBARMENT STATUS FROM STATE CONTRACTS: ALL AMERICAN ASPHALT NOT ON STATE DEBARRED LIST RR 6/22/23PRIME CONTRACTOR DEBARMENT STATUS FROM FEDERAL CONTRACTS: ALL AMERICAN ASPHALT NOT ON FEDERAL DEBARRED LIST RR 6/22/23SUB CONTRACTOR DEBARMENT STATUS FROM STATE CONTRACTS: CASE LAND SURVEYING, INC. NOT ON STATE DEBARRED LIST RR 6/22/23SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL CONTRACTS: CASE LAND SURVEYING, INC. NOT ON FEDERAL DEBARRED LIST RR 6/22/23SUB CONTRACTOR DEBARMENT STATUS FROM STATE CONTRACTS: J&S NOT ON STATE DEBARRED LIST RR 6/22/23SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL CONTRACTS: J&S NOT ON FEDERAL DEBARRED LIST RR 6/22/23 REFERENCE CHECK ACCEPTABLE: YES RR 6/22/23
Print-out from DIR Web Page attached (https://efiling.dir.ca.gov/PWCR/Search) SUB CONTRACTOR % CALCULATED PER BID SUBMITTAL (THIS % MUST BE EQUAL OR LESS THAN ABOVE %):BIDDER COMPLIES WITH MAX. SUB CONTRACTOR % REQUIREMENT:

See Reference CheckPrint-out from CLSB Web Page attached (http://www.cslb.ca.gov/)Print-out from DIR Web Page attached (http://www.dir.ca.gov/dlse/debar.html)Print-out from DIR Web Page attached (http://www.dir.ca.gov/dlse/debar.html)Print-out from SAM Web Page attached (https://www.sam.gov/SAM/)Print-out from DIR Web Page attached (http://www.dir.ca.gov/dlse/debar.html)

REMARKS
Print-out from SAM Web Page attached (https://www.sam.gov/SAM/)Print-out from DCA Web Page attached (https://search.dca.ca.gov/)Print-out from DIR Web Page attached (https://efiling.dir.ca.gov/PWCR/Search)Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/)Print-out from DIR Web Page attached (https://efiling.dir.ca.gov/PWCR/Search)

2. REVIEW OF APPARENT LOW BID
All American Asphalt
PRIME CONTRACTOR % CALCULATED PER BID SUBMITTAL (THIS % MUST BE EQUAL OR MORE THAN ABOVE %):BIDDER COMPLIES WITH MIN PRIME CONTRACTOR % REQUIREMENT:MAX ALLOWABLE SUBCONTRACTOR PERCENT PER SPECIFICATIONS:APPARENT LOW BID SUBMITTED BY: ITEM REVIEWED/CHECKEDBID STAMPED AS RECEIVED PRIOR BID TIME:BID BOND IN PROPER AMOUNT:ADDENDA ACKNOWLEDGEMENT:TOTAL BID PRICES CALCULATED CORRECTLY:SUBCONTRACTOR AMOUNT:MIN PRIME CONTRACTOR % REQUIREMENT FOR WORK PER SPECIFICATIONS:

Print-out from SAM Web Page attached (https://www.sam.gov/SAM/) D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\230148 SEM FY 22‐23 STREET REHABILITATION PROJECT\WIP\8.BID ANALYSIS\0.0 BID ANALYSIS, SEM STREET REHAB PROJ, V1REVIEW OF APPARENT LOW BID 2 of 4 Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 2 of 31

REFERENCE PROJECT OWNER AND REFERENCE NAME
TEL
AMOUNT

DATE COMPLETED

DID THE CONTRACTOR DO

QUALITY WORK

DID THE CONTRACTOR STAY ON

SCHEDULE

DID THE CONTRACTOR ASK FOR

UNNECESSARY CHANGE
ORDERS

DID THE CONTRACTOR FILE

CLAIMS AGAINST YOU

WILL YOU HIRE THE

CONTRACTOR AGAIN REMARKS
Local Residential Street Improvement Project
City of BurbankArtin Megerdichian 818-238-3942 $7,761,320.00 12/2022 YES YES NO NO YES 6/22: Called and answered all questions. Notes: Said the contractor did great work for the city.

RR 6/22/2023
Pavement Management Program
City of HighlandAmanda Perez 909-864-6861 $2,082,099.00 12/2022 N/A N/A N/A N/A N/A 6/22: Called and the City's front desk stated that there is no Amanda Perez currently working there.

RR 6/22/2023
Miscellaneous Rehab FY 21-22
City of FullertonNick Esposito 714-738-6851 $704,080.00 12/2022 N/A N/A N/A N/A N/A Called on 06/22/23 and left a VM. RR 6/22/2023 Corporate Yard Pavement Rehabilitation
City of NorcoChad Blais 951-270-5678 $612,755.33 12/2022 N/A N/A N/A N/A N/A Called on 06/22/23 and left a VM. RR 6/22/2023 E. Coast Highway & Marguerite Avenue Pavement Rehabilitation, Contract No. 7807-2 City of Newport BeachBen Davis 949-644-3311 $3,363,056.00 10/2022 YES YES NO NO YES 6/22: Called and answered all questions. Notes: City noted the contractor has done multiple pavement projects in the city.

RR 6/22/2023
Local Street Rehabilitation Project
City of NorwalkDamian Rosales 562-929-5527 $1,041,470.00 12/2022 YES YES NO NO YES 6/22: Called and answered all questions. Notes: City hired a CM to ensure there was quality work being done. Reference stated they would definitely hire AAA again.

RR 6/22/2023

3. REFERENCE CHECK OF APPARENT LOW BIDDER

REFERENCE CHECK FOR APPARENT LOW BIDDER

CHECKED BY
DATE
Answer "YES" if satisfied or "NO" if not satisfied

REFERENCE DATA FOR APPARENT LOW BIDDER
All American Asphalt
D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\230148 SEM FY 22‐23 STREET REHABILITATION PROJECT\WIP\8.BID ANALYSIS\0.0 BID ANALYSIS, SEM STREET REHAB PROJ, V1REF CHECK 3 of 4 Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 3 of 31 All American Asphalt
$922,222.00

4. LOWEST RESPONSIVE BID
LOWEST RESPONSIVE BID SUBMITTED BY: IN THE AMOUNT OF:

D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\230148 SEM FY 22‐23 STREET REHABILITATION PROJECT\WIP\8.BID ANALYSIS\0.0 BID ANALYSIS, SEM STREET REHAB PROJ, V1LOWEST RESPONSIVE BID 4 of 4 Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 4 of 31 Data current as of 6/22/2023 10:08:27 AM
Home | Online Services | License Details
Contractor's License Detail for License # 267073
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

ALL AMERICAN ASPHALT
P O BOX 2229
CORONA, CA 92878
Business Phone Number:(951) 736-7600
Entity Corporation
Issue Date 01/19/1971
Expire Date 01/31/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAND.

Bond Number: 08727441
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
This license filed Bond of Qualifying Individual number LPM7627119 for MARK ALBERT LUER in the amount of $25,000 with FIDELITY AND DEPOSIT COMPANY OF MARYLAND.

Effective Date: 01/01/2023
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the ZURICH AMERICAN INSURANCE COMPANY Policy Number:WC593205709
Effective Date: 08/01/2022
Expire Date: 08/01/2023
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 C12 - EARTHWORK AND PAVING
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 5 of 31 6/22/23, 10:48 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 1/2 Contractor Information
Legal Entity Name

ALL AMERICAN ASPHALT
Legal Entity Type
Corporation
Status
Active
Registration Number
1000001051
Registration effective date
7/1/2023
Registration expiration date
6/30/2026
Mailing Address
PO BOX 2229 CORONA 92878 CA United States …
Physical Address
400 E SIXTH ST CORONA 92879 CA United State…
Email Address
Trade Name/DBA
License Number(s)
CSLB:267073
CSLB:267073
Registration History
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Mark Luer
Vice President Name:

Edward J. Carlson
Treasurer Name:

Secretary Name:

Michael Farkas
CEO Name:

Agent of Service Name:

Michael Farkas
Agent of Service Mailing Address:
400 E 6th St, Corona, CA Corona 92879 CA United States of America Workers Compensation
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
7/1/2023 6/30/2026
7/1/2020 6/30/2023
Do you lease employees
through Professional
No
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 6 of 31 6/22/23, 10:48 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:All American AsphaltInsurance Carrier:

ZURICH AMERICAN INSURANCE COMPANYPolicy Number:WC593205701Inception date:
8/1/2019Expiration Date:8/31/2026
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 7 of 31 Copyright © 2023 State of California
Data current as of 6/22/2023 10:10:21 AM
Home | Online Services | License Details
Contractor's License Detail for License # 538211
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

J & S STRIPING COMPANY INC
1544 VINEYARD AVE
ONTARIO, CA 91761
Business Phone Number:(909) 947-8073
Entity Corporation
Issue Date 08/15/1988
Expire Date 08/31/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C32 - PARKING AND HIGHWAY IMPROVEMENT
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE).

Bond Number: D10220C
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual ROBERT ARAGON certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 04/22/2011
Workers' Compensation
This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD506490101
Effective Date: 03/29/2023
Expire Date: 03/29/2024
Workers' Compensation History
Other
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  Personnel listed on this license (current or disassociated) are listed on other licenses.

Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 8 of 31 NAME: CASE, LARRY VICTOR
LICENSE TYPE: LAND SURVEYOR
LICENSE STATUS: CLEAR
CLEAR - THE LICENSE IS CURRENT AND VALID. IMPORTANT NOTE: EVEN IF THE

STATUS IS CLEAR, THERE COULD BE COMPLAINTS OR DISCIPLINARY ACTIONS AS PART OF THE LICENSE HISTORY. YOU MAY CONTACT THE BOARD AT 1-866-780- 5370 (TOLL FREE) TO CHECK FOR COMPLAINTS OR DISCIPLINARY ACTIONS AGAINST THIS LICENSE.

ADDRESS
614 N ECKHOFF ST
ORANGE CA 92868

ORANGE COUNTY
LICENSING DETAILS FOR: 5411

ISSUANCE DATE
MARCH 16, 1984

EXPIRATION DATE
SEPTEMBER 30, 2024

CURRENT DATE / TIME
JUNE 22, 2023
10:29:48 AM

BOARD FOR PROFESSIONAL ENGINEERS,

LAND SURVEYORS, AND GEOLOGISTS

PUBLIC DOCUMENTS
DOCUMENTS (1)
DOCUMENT: LINK
›
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 9 of 31 6/22/23, 10:53 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 1/2 Contractor Information
Legal Entity Name
J&S STRIPING COMPANY, INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000006912
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
1544 S. VINEYARD AVE ONTARIO 91761 CA Unit…
Physical Address
1544 S. VINEYARD AVE ONTARIO 91761 CA Unit…
Email Address
Trade Name/DBA
J&S STRIPING COMPANY, INC.

License Number(s)
CSLB:538211
Registration History
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Robert Aragon
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name:

Robert Aragon
Agent of Service Mailing Address:
1544 S. Vineyard Ave Ontario 91761 CA United States of America Workers Compensation
Effective Date Expiration Date
6/18/2018 6/30/2019
6/13/2017 6/30/2018
6/13/2016 6/30/2017
6/5/2015 6/30/2016
1/26/2015 6/30/2015
7/1/2019 6/30/2022
7/1/2022 6/30/2025
Do you lease employees
through Professional
Employer Organization
(PEO)?:

No
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 10 of 31 6/22/23, 10:53 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Please provide your
current workers
compensation insurance
information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:J&S STRIPING COMPANY, INC.Insurance Carrier:

Insurance Company of the WestPolicy Number:WSD506490100Inception date:3/29/2022 Expiration Date:3/29/2023
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 11 of 31 6/22/23, 10:51 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 1/2 Contractor Information
Legal Entity Name
CASE LAND SURVEYING, INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000001533
Registration effective date
7/1/2023
Registration expiration date
6/30/2024
Mailing Address
614 N. ECKHOFF STREET ORANGE 92868 CA Un…
Physical Address
614 N. ECKHOFF STREET ORANGE 92868 CA Un…
Email Address
Trade Name/DBA

SURVEYOR
Case Land Surveying, Inc.

License Number(s)
Surveyor:L5411
Surveyor:L5411
Registration History
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Larry V. Case
Vice President Name:

Forrest Case
Treasurer Name:

Stacy Case
Secretary Name:

Stacy Case
CEO Name:

Agent of Service Name:

Larry V Case
Agent of Service Mailing Address:
614 N. Eckhoff Street Orange 92868 CA United States of America Effective Date Expiration Date
6/27/2018 6/30/2019
5/26/2017 6/30/2018
6/21/2016 6/30/2017
6/5/2015 6/30/2016
9/25/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2021
7/1/2021 6/30/2022
7/1/2023 6/30/2024
7/1/2022 6/30/2023
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 12 of 31 6/22/23, 10:51 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Workers Compensation
Do you lease employees
through Professional
Employer Organization
(PEO)?:

No
Please provide your
current workers
compensation insurance
information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:Case Land Surveying, Inc.Insurance Carrier:

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAPolicy Number:UB9J057945 Inception date:6/20/2019Expiration Date:1/1/2024
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 13 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 1/15
DLSE Debarments
The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the “Period of Debarment” for status of debarment period as noted below:

As part of your due diligence, we suggest that you also check:

Contractor status at the Contractors State License Board (CSLB) Labor Commissioner's Office DLSE Debarments
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Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 14 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 2/15
The Federal debarment list at the Excluded Parties List System Name of contractor Period of debarment
MICHAEL FLOORING, INC.;

BENNY MICHAEL
CSLB License Number: 874947
5/30/2023 through 5/30/2026
Decision SC 7278
TOBO CONSTRUCTION, INC.;
JIMI WAN CHAE; MONICA SHIUN OH;

KYUNG JIN YOON,
CSLB License Number: 758012
5/10/2023 through 5/10/2026
Decision SC 7250
G M Climate Control, Inc.

CSLB License Number: 967267
3/2/2023 through 9/2/2024
Decision 40-71536-603

MINAKO AMERICA CORPORATION DBA MINCO
CONSTRUCTION;

AND REFAAT HILMAY MINA,
CSLB License Number: 612429
9/27/2021 through 9/26/2022
Decision LB 6333
GRFCO, INC. DBA ONSITE KRUSHING;
GARCIA JUAREZ CONSTRUCTION, INC.;
GEORGE ROBERT FROST; AND JAMES CRAIG

JACKSON
CSLB License Number: 291013 and 84801
5/21/2021 through 5/20/2024
Decision LB 6629
ECS CONTRACTORS, INC. dba ECS ELECTRIC, INC.;
UMAR KHALID RANA, an indvidual and CEO/RMO of
ECS CONTRACTORS, INC.; and KANWAL SAJJAD
RANA, an indvidual and RMO of ECS CONTRACTORS,
3/1/2020 through 3/1/2023
Decision LB 5590

Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 15 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 3/15
INC.

CSLB License Number: 975222
Avi Shechter, Individually
DBA Avi Shechter
CSLB Number: 908891 and 1018353
5/6/2019 through 5/5/2022
Decision LB 6328
Patrick Kim, Individually
DBA Ritecon Plumbing
CSLB Number: 991018
8/21/2018 through 8/20/2019
Decision LB 6762
Bighorn Construction, Inc.

CSLB Number: 597866
5/5/2018 through 5/4/2021
Decision LB 6658
Doug Parks, Individually dba
Doug Parks and Son Plumbing
CSLB Number: 411825
10/11/2017 through 10/10/2019
Decision SC 5807
Worthington Construction, Inc.;
Dale Worthington, an individual and CEO/RMO of
Worthington Construction, Inc.; and,
Holi Jeanne Worthington, an individual and Officer of
Worthington Construction
CSLB Number: 714836
6/15/2018 through 9/16/2019
Decision LB 5267
RMV Construction, Inc., A California Corporation; and
Robert
Michael Vasil II a.k.a. Robert Michael Vasil a.k.a.

Mike Vasil, an Individual and CEO/RMO President of
RMV
Construction, Inc.
4/1/2017 through 8/18/2018
Decision LB 5266
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 16 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 4/15
CSLB Number: 892389
Gewargis Youkhanis Narso, an individual dba
GEHVAC and Technologies, a sole proprietorship,
And GEHVAC Co., a sole proprietorship
CSLB Number: 899312 and 1013848
2/1/2017 through 1/31/2020
Decision 40-48480-516
Joseph Brothers Enterprise, Inc.; Ken Joseph Individually and as CEO
CSLB Number: 849169
4/3/2018 through 10/3/2019
Decision SC 6390
Dave Cook Concrete Construction, Inc., and David
William Cook
34231 Camino Capistrano #102
Capistrano Beach, CA 92624-1189
CSLB Number: 461897
3/1/2017 through 2/29/2020
Decision LB 6207
Bannaoun Engineers Constructors Corporation; Omar
Maloof, An Individual
P.O. Box 16599
Beverly Hills, CA 90209-2599
CSLB Number: 827829
05/12/17 through 05/11/20
Decision SC 5517
Evans Roofing Co., Inc.
2020 South Yale Street
Santa Ana, CA 92706
CSLB Number: 610549
10/31/16 through 10/30/19
Decision LB 6270
Guillermo Ibaibarriaga dba Sierra Nevada Stucco and
2K Roofing
Sierra Nevada Stucco
05/14/17 through 05/13/20
Decision SC 6037
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 17 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 5/15
P.O. Box 8472
Reno, NV 89502
CSLB Number: 915812
2K Roofing
820 Kuenzli Street
Reno, NV 89502
CSLB Number: 954551
Del Norte Construction, And Trinidad Manuel Canales,
an Individual
PO Box 5101
Oxnard, CA 93030
5020 Wooley Rd.

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533
Diversified Building & Electric Company, Inc.
409 Tennant Station
Morgan Hill, CA 95037
Denis Andrew Maris, Individually and Doing Business as
Diversified Electric Company
CSLB Number: #765312
2/15/16 through 8/15/17
Decision SC 5714
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual and in his
capacity as Responsible Managing Officer of FAST
DEMOLITION, INC.
4/1/44 through 3/31/47
Decision LB5742
4/1/41 through 3/31/44
Decision LB5665
4/1/36 through 3/31/39
Decision LB5740
4/1/33 through 3/31/37
Decision LB5651
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 18 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 6/15
4/1/33 through 3/31/37
Decision LB5739
4/1/24 through 3/31/27
Decision LB5741
4/1/30 through 3/31/33
Decision LB5743
4/1/27 through 3/31/30
Decision LB5666
4/1/21 through 3/31/24
Decision LB5667
4/1/18 through 3/31/21
Decision LB5668
4/01/15 through 3/31/18
Decision LB5345
Amerivet Plumbing, Inc.; Walter Edward Jacob
Kuhlmann III, Individually And dba Amerivet Plumbing
Services
CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756
Ultimate Inc., And, Enrique Vera, an Individual
PO Box 571117
Tarzana, CA 91356-1117
CSLB Number: #949229
12/1/15 through 11/30/18
Decision LB 5655 & LBS659
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
2/01/15 through 1/31/18
Decision LB 5596
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 19 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 7/15
William Ben Hicks, an individual;
Margaret Mary Hicks, an individual
L A Builders, Inc., a California Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
CSLB #748591
Alon Gamliel, an individual
2/01/15 through 1/31/18
Decision LB5 171
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
Edward Eugene Brammer, an individual
and in his capacity as President/CEO/RMO
4/01/15 through 3/31/18
Decision LB 5323
Daughter Construction
formerly dba Hy Carpentry Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as manager/supervisor for Sharon Jin Yoo and in his capacity as General Partner for HY
Construction, a General Partnership.
4/01/15 through 3/31/18
Decision LB 5466, LB5467, LB5468
& LB5520
RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through 12/14/16
Decision 40-40508-522 & 44-
40509-522
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
11/3/14 through 11/2/17
Decision SC 5539
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 20 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 8/15
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518
Dick Emard Electric.
dba Emard Electric Luke Richard Emard, an individual
and RMO
5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough 11/2/17
Decision SC 5521
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave.

Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495
Neris General Contractors, a California Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.

Long Beach, CA 90805
CSLB# 797967
2/28/14 through 2/27/17
Decision LB 4511, LB4512 &
LB4521
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through 10/13/17
Decision SAC 5492
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 21 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 9/15
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing Officer/CEO/President
Dora Maria Contreras, an Individual and
Agent/Officer of the Corporation
8/4/14 through 8/3/17
Decision SAC 5506
Tadros & Youssef Construction, Inc.

Kamel Shaker Tadros & Makram Youssef Youssef,
Individually
1221 E 8th Street, Unit A, Upland, CA 91786
CSLB# 698182 (expired)
5/10/14 through 5/9/17
Decision SAC 5308
Serenity Fire Protection
417 S. Associated Road, Brea, CA 92821
CSLB# 902927
5/1/14 through 4/30/17
Decision LB 4202
Don Kelly Construction , Inc.

Don Kelly, Individual and Lisa Kelly, Individual
171 Northview Ridge Lane, P.O. Box 10760, Bozeman, MT
59719
3/25/14 through 3/24/17
Decision LB 4484
Aldan, Inc.

P.O. Box 9428, Brea, CA 92822
CSLB #949229
2/28/14 through 2/27/17
Decision LB5175
Russell/Thompson, Inc.

James Jean Russell & Valery Alena Thompson,
10/31/13 through 10/31/16
Decision SC 5309
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 22 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 10/15
Individually
4684 Oak Glen Dr., Redding, CA 96001
CSLB# 915036 (revoked)
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
CLSB#710322
5/15/2013 through 5/15/2014
Decision SAC 1039
Wallcrete Industries, Inc.; Garit David
Wallace and Amber Anderson, Individuals
400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles, CA 90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198
Jeffrey Alan Mott and Michelle Mott, individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095
All West Construction, Inc.

Donald Kent Russell
3/31/11 through 3/30/13
Decision se 5013
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 23 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 11/15
495 N. Marks Ave.

Fresno, CA 93706
CSB # 592321 Exp. 4/3/12 (suspended)
Country Builders, Inc.

Weldon Offill, individually
5915 Graham Ct.

Livermore, CA 94550
CSB # 699574 Exp. 11/30/12 (active)
3/1/11 through 2/28/14
Decision SC 5053
Addendum SC 5053
Sutter Foam & Coating, Inc.
909 A. George Washington
Yuba City, CA 95993
CSB # 732014 Exp. 1/31/09 (inactive)
David Alvin Trexler, an individual
909 A. George Washington
Yuba City, CA 95993
Kenneth A. Trexler, an individual
2603 Lago Lane
Marysville, CA 95901
7/1/10 through 6/30/13
Decision SAC 5012
Soo Dong Kim, an individual,
dba Soo Kim Electric Company
16224 Ridgeview Lane
La Mirada, CA 90638
CSB # 568103 Exp. 8/1/09 (inactive)
Hyo Nam Jung, an individual,
dba Lucid Electric
18621 Well Street
Rowland Heights, CA 91748
CSB # 914692 Exp. 4/3/10
4/19/10 through 4/18/13
Decision SAC 1064
Southwest Grading,
dba Southwest Grading Services, Inc.,
22031 Waite Street
Wildomar, CA 92595
3/18/10 through 3/17/13
Decision SAC 1058
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 24 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 12/15
David Walter Cholewinski, an individual
22031 Waite Street
Wildomar, A 92595
29970 Technology Drive, Ste. 205
Murrieta, CA 92563
CSB #840416 Exp. 6/30/10
S.J. Cimino Electric, Inc., a California corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO and President of
S.J. Cimino Electric, Inc. and sole owner of S.J. Cimino Electric, an individual
5825 Heights Rd.

Santa Rosa, CA 95401
CSB #343802 Exp. 2/28/10
CSB #294141 Exp. 9/30/13 (inactive)
10/15/09 through 10/14/12
Decision SAC 1052
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr
Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042
All Floors Commercial and Residential Flooring, Inc.

Salvador Elias Perea, individually
750 E. McGlincy Lane, #103
Campbell, CA 95008
CSB #430969 Exp. 7/31/09
5/14/09 through 5/13/12
Decision SAC 1040
1-AMD Construction, Inc.

Alberto Mordoki, individually
Mirella Mordoki, individually
5300 Beach Blvd., Suite 110-416
Buena Park, CA 90621
3/16/09 through 3/15/12
Decision SAC1037
Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 25 of 31 6/22/23, 10:58 AM Public Works
https://www.dir.ca.gov/dlse/debar.html 13/15
CSB #787533, revoked
Updated: April 2023
Labor Commissioner's Office
Judgment Enforcement Unit
Outreach
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Bid Analysis, South El Monte, FY 22/23 Residential Streets Rehabilitation Project, Project No. 628 Document Control Page 31 of 31 01257.0006/695528.3 mgw

ATTACHMENT D

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

ALL AMERICAN ASPHALT
01257.0006/695528.3 mgw

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND

ALL AMERICAN ASPHALT
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 27th day of June, 2023 by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and ALL AMERICAN ASPHALT, a California Corporation (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled FY 22/23 Residential Street Rehabilitation Project (“Project”), in accordance with the terms and conditions of this Agreement, which may be referred to as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Contract Documents and all local, state, and federal laws and regulations. As used herein, “Contract Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Bid, Federal Provisions (if any), Applicable Federal Wage Decision (if any), General Provisions, Special Provisions, Appendices, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Contract Documents are incorporated into this Agreement. In the event of any conflict or inconsistency 01257.0006/695528.3 mgw
between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the Standard Specifications for Public Works Construction (as the same may be updated, amended, or supplemented from time to time, “Greenbook”) are incorporated herein, except as explicitly modified by the Contract Documents. The applicable version of the Greenbook shall be the version referenced in the Contract Documents, and if no version is referenced in the Contract Documents, the applicable version shall be the most recent version. In the event of any conflict or inconsistency between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(c) Prevailing Wages. Contractor shall pay prevailing wages as required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested Party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
01257.0006/695528.3 mgw
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with 01257.0006/695528.3 mgw
any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the work should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, that will materially affect the performance of Contractor’s services hereunder.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a change order in accordance with Section 1.11 of this Agreement. (c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall 01257.0006/695528.3 mgw
not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

1.7 Unidentified Utilities.

To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work.

Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Contract Documents, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, 01257.0006/695528.3 mgw
without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or the Contract Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance of the Project by the City, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

Change orders shall be processed as provided in the Greenbook, as may be amended by the Contract Documents.

1.12 Grant Fund Requirements.
(a) Federal Funds; Uniform Requirements. If the Project is funded in whole or in part by federal funds, as indicated in Contract Documents, City and Contractor shall comply with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and 01257.0006/695528.3 mgw
Audit Requirements for Federal Awards (2 CFR Part 200) (“Uniform Requirements”), which are incorporated herein by reference. In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail.
(b) Grant Requirements. In the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of Nine Hundred Twenty Two Thousand Two Hundred Twenty Two Dollars ($922,222) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement. The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents, unless the Bid or Contract Documents explicitly provide for a lump sum payment.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit A. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
01257.0006/695528.3 mgw

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention; Substitution of Securities.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Forty (40) consecutive working 01257.0006/695528.3 mgw
days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

The time period(s) for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500) as liquidated damages for each calendar day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 01257.0006/695528.3 mgw
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Edward J. Carlson Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The “Project Manager” for the City shall be Rene Salas or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation 01257.0006/695528.3 mgw
endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the 01257.0006/695528.3 mgw
Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the City as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation.

Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-Party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
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5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following in the form required under the Contract Documents or otherwise by the City Clerk:
(a) A performance bond in the amount of the Contract Sum of this Agreement, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”). (c) A warranty bond, guaranteeing the Contractor’s warranty under Section

1.11 of this Agreement, in an amount not less than 100% of the Contract Sum.

The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.

City shall release the Performance Bond and Payment Bond when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, (b) the work for the Project has be finally accepted by the City, and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required under Article 5 of this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be 01257.0006/695528.3 mgw
necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the work performed with respect to the Project. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with the provisions of the Greenbook, as may be amended by the Contract Documents.
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7.3 Dispute Resolution Process.
(a) Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
(b) For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. (c) The following requirements apply to all claims to which this Section applies:
i. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. ii. Supporting Documentation. The Contractor shall submit all claims in the following format:
iii. Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based. iv. List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. v. Chronology of events and correspondence related to the claim. vi. Statement of grounds for the claim.
vii. Analysis of the claim’s cost, if any.
viii. Analysis of the claim’s time/schedule impact, if any. (d) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what 01257.0006/695528.3 mgw
portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. i. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. ii. Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. iii. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(e) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (f) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. ii. For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an 01257.0006/695528.3 mgw
independent third Party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 01257.0006/695528.3 mgw
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code Section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. 01257.0006/695528.3 mgw
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third Party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 01257.0006/695528.3 mgw
ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of South El Monte, 1415 Santa Anita Ave., South El Monte California 91733, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement, together with the documents incorporated herein (including the Greenbook and the Contract Documents) and the exhibits attached hereto constitutes the entire, complete and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
____________________________________
Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONTRACTOR:

ALL AMERICAN ASPHALT a California
Corporation
By:_________________________________
Name: Edward J. Carlson
Title: Vice President
By:_________________________________
Name:

Title:

Address:400 E. Sixth Street
Corona, CA 92879
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 01257.0006/695528.3 mgw

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01257.0006/695528.3 mgw

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

EXHIBIT A
CONTRACTOR’S BID
[ATTACH]
01257.0006/695528.3 mgw

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding and/or Additional Terms)
01257.0006/695528.3 mgw

PERFORMANCE BOND
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) 01257.0006/695528.3 mgw
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01257.0006/695528.3 mgw

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

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

Executed on , 20____.
01257.0006/695528.3 mgw

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of South El Monte
Project: Sidewalk Installation TDA Article III;
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01257.0006/695528.3 mgw
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
01257.0006/695528.3 mgw

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-Party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 01257.0006/695528.3 mgw
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of South El Monte, 1415 Santa Anita Ave., South El Monte, California 91733.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01257.0006/695528.3 mgw
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01257.0006/695528.3 mgw

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01257.0006/695528.3 mgw

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 01257.0006/695528.3 mgw

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
01257.0006/695528.3 mgw
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

ATTACHMENT E

South El Monte City CouncilJune 27, 2023

South El Monte City Council
June 27, 2023