Agenda — Stanton City Council, November 28, 2023 (part 1 of 2)

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on November 28, 2023, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680 and Teleconference Location: 2820 Marlin Court, Punta Gorda, FL 33950 (Government Code Section 54953).

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: November 22, 2023
s/ Patricia A. Vazquez, City Clerk / Secretary

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (892 0984 8019) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89209848019?pwd=SmdhSWlYUFlXejVMZmpXNUcyTzhNQT09

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk November 28, 2023

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
Teleconference Location: 2820 Marlin Court, Punta Gorda, FL 33950 TUESDAY, NOVEMBER 28, 2023
SPECIAL CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (892 0984 8019) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89209848019?pwd=SmdhSWlYUFlXejVMZmpXNUcyTzhNQT09

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk November 28, 2023

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The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.

1. CLOSED SESSION (5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
4B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9
Number of cases: 1
Case Name: John Doe v. Doe 2, City of Stanton, et al, County of Orange Superior Court Case No. 30-2022-01295559-CU-PO-NJC
4C. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1

Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: OCSC 39-2023-01316300-CU-WM-CXC
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5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
Presentation by America On Track, sharing their mission with the City Council and providing information on their current operations.

9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated October 20, 2023 – November 2, 2023, in the amount of $753,144.61.

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9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special & Joint Regular Meeting – November 14, 2023.
9D. EXTEND THE CITY’S DEADLINE TO ESTABLISH ONLINE PERMITTING SYSTEM IN COMPLIANCE WITH ASSEMBLY BILL 2234 (AB 2234)
California Assembly Bill 2234 established several requirements for the review and processing of post-entitlement permit applications. “Post-entitlement” refers to any project that required a public hearing before the Planning Commission to obtain approval of a development before seeking permits to begin construction. One requirement established by this bill was the implementation of an online permitting system. The City’s current permitting system does not have the capability to issue permits online and there is no cost-effective way to alter the existing system to comply with this requirement. As a result, staff is seeking to extend the deadline for compliance with this requirement to January 1, 2026 as allowed under the provisions of AB 2234.

The extension will allow staff to complete a procurement process so that a compliant and cost-effective online permitting system can be acquired.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15060(c)(2) and 15060(c)(3); and

2. Adopt Resolution No. 2023-29, which will extend the City’s deadline to establish an online permitting system for post-entitlement phase permits to January 1, 2026, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY STANTON,

CALIFORNIA EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE

PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS
UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB
2234).”
9E. AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT (TASK CODE NO. 2022-205) Two bids for the Stanton Central Park Shade Structure Installation Project were opened on October 31, 2023. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by R.E. Schultz Construction, Inc. to be the lowest responsible and responsive bid at $42,950.

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RECOMMENDED ACTION:

1. City Council declare this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301 as a minor exterior alteration of an existing public facility and Class 3, Section 15303 as construction of an accessory structure; and

2. Award a construction contract for the Stanton Central Park Shade Structure Installation Project to R.E. Schultz Construction, Inc. for the bid amount of $42,950 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and R.E. Schultz Construction, Inc. in a contract for the construction of the Stanton Central Park Shade Structure Installation Project (Task Code No. 2022-205); and

4. Authorize the City Manager to approve contract changes in an amount not-to-exceed ten percent of the bid amount ($4,295).
9F. AWARD OF CONSTRUCTION CONTRACT FOR THE CERRITOS AVENUE

RESURFACING PROJECT AND APPROPRIATION OF FUNDS
Seven bids for the Cerritos Avenue Resurfacing Project were opened on October 31, 2023. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Hardy & Harper, Inc. to be the lowest responsible and responsive bid at $854,000.

Including construction costs, a 10% contingency, and inspection costs, the total project is estimated at $960,000. The current project budget is $930,000. This project was to be partially funded by the 2021 Pavement Management Relief Funding (PMRF) Program in the amount of $200,000. Staff submitted the necessary documents to Caltrans required to secure funding. Unfortunately, due to the debt ceiling compromise earlier this year, PMRF Program funding that did not get obligated by Caltrans at that time was subject to rescission. As such, approximately 24 Orange County local agencies were not able to secure the PMRF Program funds as well. Staff is requesting an appropriation of $200,000 from the City’s Gas Tax Fund (Fund #210) and $30,000 from the RMRA Fund (#215) to fund the remainder of the project costs.

RECOMMENDED ACTION:

1. City Council declare that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing public structures; and

2. Award a construction contract for the Cerritos Avenue Resurfacing Project to Hardy & Harper, Inc. for the bid amount of $854,000 and reject all other bids; and Stanton City Council Agenda Prepared by the Office of the City Clerk November 28, 2023

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3. Authorize the City Manager to bind the City of Stanton and Hardy & Harper, Inc. in a contract for the construction of the Cerritos Avenue Resurfacing Project; and

4. Authorize the City Manager to approve contract changes, in an amount not-toexceed ten percent of the bid amount ($85,400); and

5. Eliminate the $200,000 appropriation from the Other Grants Fund (#227) for the withdrawn grant funding; and

6. Appropriate a total of $200,000 from the Gas Tax Fund (#211) and $30,000 from the RMRA Fund (#215) to increase the Cerritos Avenue Resurfacing Project (Task Code No. 2024-104) budget to $960,000.
9G. AWARD OF CONSTRUCTION CONTRACT FOR THE STANFORD AVENUE STORM DRAIN REPAIR PROJECT (TASK CODE NO. 2024-802)
The Open-Market Bid (AKA Informal Bid) process is being used for this public project.

Three (3) proposals for the Stanford Avenue Storm Drain Repair Project were received to repair the storm drain lines at Beach Boulevard and Stanford Avenue. Based on the lowest proposal received, staff recommends a construction contract to be awarded to Tunnelworks Services, Inc., in the amount of $47,867.50.

RECOMMENDED ACTION:

2. Award a construction contract for the Stanford Avenue Storm Drain Repair Project to Tunnelworks Services, Inc. for the proposal amount of $47,867.50; and

3. Authorize the City Manager to bind the City of Stanton and Tunnelworks Services, Inc. in a contract for the construction of the Stanford Avenue Storm Drain Repair Project (Task Code No. 2024-802); and

4. Authorize the City Manager to approve contract changes, not to exceed ten percent of the proposal amount ($4,786).

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9H. THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL CONSULTING

SERVICES WITH WILLDAN FINANCIAL SERVICES FOR THE PREPARATION OF

AN OVERHEAD COST ALLOCATION PLAN AND COMPREHENSIVE USER FEE STUDY
The City Council will consider approving the Third Amendment to the Professional Services Agreement (“Agreement”) with Willdan Financial Services (“Willdan”) for the preparation of an overhead cost allocation plan and comprehensive user fee study. The Third Amendment increases the total not-to-exceed compensation amount by $5,200 from $34,680 to $39,880 (Attachment A). Willdan’s original Agreement was approved by the City Council on January 12, 2021. Willdan used the City’s Fiscal Year 2021/22 Adopted Budget to complete the overhead cost allocation plan and the City’s estimated actual cost for services to calculate appropriate user fees. Due to the delay in completing the project based upon staff turnover, staff recommends updating the calculations to reflect the City’s Fiscal Year 2023/24 Adopted Budget. The cost to update is $5,200.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Authorize the City Manager to execute the Third Amendment to the Professional Services Agreement with Willdan for the preparation of an overhead cost allocation plan and a comprehensive user fee study.
9I. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR BUSINESS

LICENSE TAX ADMINISTRATION SERVICES AND BUSINESS LICENSE TAX

ORDINANCE AND FEE STUDY (HINDERLITER, DE LLAMAS, AND ASSOCIATES) The City Council will consider approving a professional services agreement with Hinderliter, de Llamas and Associates (“HdL”) for Business License Tax Administration Services and Business License Tax Ordinance and Fee Study. Procurement of these professional services will promote enhanced customer service by providing 24 hours a day, 7 days a week online processing of business license applications and renewals through HdL’s proprietary software and database. Staff has investigated other firms and has not found any comparable companies offering the desired comprehensive services and as such is requesting sole source procurement as provided for in the City’s Purchasing Manual.

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RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Waive the competitive procurement process since only one known supplier has been identified and allow for the sole source procurement of professional services; and

3. Authorize the City Manager to enter into an agreement with Hinderliter, de Llamas and Associates to provide Business License Tax Administration Services for an initial term through June 30, 2027, with two additional one-year term extensions; and to conduct a one-time Business License Tax Ordinance and Fee Study, in a form approved by the City Attorney.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS
10A. APPROVE RESOLUTION TO RECEIVE AND FILE FISCAL YEAR 2022/23

DEVELOPMENT IMPACT FEE REPORT AND MAKE CERTAIN FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66000, ET. SEQ.

The Fiscal Year 2022/23 Annual Financial Report of Development Impact Fees (“Fiscal Year 2022/23 Development Impact Fee Report”) is hereby provided to City Council in Attachment A to this staff report as required by California Government Code Section 66006, which was enacted by Assembly Bill No. 1600 (AB 1600). All development impact fees that have been collected, including interest earned on the fees, have been spent or have been earmarked for spending as of June 30, 2023. Consequently, there are no funds that are required by California Government Code Section 66006 to be refunded to property owners. Attachment A (pages 14-16) includes Resolution No. 2023-28 to approve the receipt and filing of the Fiscal Year 2022/23 Development Impact Fee Report and certain findings the California Government Code requires the City Council to affirm.

RECOMMENDED ACTION:

1. City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
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2. Approve Resolution No. 2023-28 to receive and file the Fiscal Year 2022/23 Development Impact Fee Report and make certain findings pursuant to Government Code Section 66006; entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON
TO RECEIVE AND FILE THE FISCAL YEAR 2022/23 DEVELOPMENT

IMPACT FEE REPORT AND MAKE CERTAIN FINDINGS, AS
REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66000 et seq.”.

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1135
This Ordinance was introduced at the regular City Council meeting of October 24, 2023.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1135, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, ADDING SECTION 12.08.450 TO AND
AMENDING SECTIONS 12.08.010 AND 12.12.010 OF THE CITY’S MUNICIPAL CODE, REPEALING THE CITY’S ADMINISTRATIVE
POLICY NO. VI-1-1, AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES
SECTIONS 15060(c)(2), 15061(b)(3) AND 15378(b)(5)”; and

2. City Council adopt Ordinance No. 1135.
11B. BROADCASTING CITY COUNCIL MEETINGS
At its meeting of October 11, 2022, City Council directed staff to proceed with a 12- month pilot program to live stream City Council meetings on the Zoom virtual meeting platform and to report back to the City Council at the end of the pilot program with participation data.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Provide input/direction to staff on the continuation of televising/broadcasting City Council meetings.

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12. NEW BUSINESS
12A. CITY COUNCIL RECOGNITION AND PROCEDURES POLICY FOR THE

PRESENTATION OF CITY PROCLAMATIONS AND RECOGNITION AWARDS Staff requests that the City Council review and consider the proposed policy and procedures for the presentation of City proclamations, certificates, and recognition awards. The purpose of this proposed policy is to formalize guidelines governing the presentation of proclamations, commendations, awards and other recognition documents or items by the City Council.

RECOMMENDED ACTION:

2. Provide input/direction on the proposed recognition and procedures policy; and

3. Consider approval of Administrative Policy II-2-7, “Presentation of City Proclamations, Certificates, and Recognition Awards Procedures,” as proposed, and allow the City Manager to update Administrative Policy II-2-7 as needed for clarifying purposes.

13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.

Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

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• Members of the Public at the teleconference location. At this time members of the public at the teleconference location may address the City Council/Agency/Authority regarding any items within the subject matter jurisdiction of the City Council/Agency/Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the City Council/Agency/Authority during Oral Communications-Public or on a particular item from the teleconference location are requested to state their name and City of residence. • When the Mayor/Chairman calls you to the phone/electronic device, a speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

Currently Scheduled: None.

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15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CAMPAIGN CONTRIBUTIONS AND LEVINE ACT (AB 1439)
At the November 14, 2023, City Council meeting, Council Member Taylor requested that this item be agendized for discussion. Council Member Taylor is requesting to discuss conducting a review of the Campaign Contributions and Levine Act (AB 1439) and to address/discuss options that the City may review in regard to setting a City specific limit(s) and policy.

RECOMMENDED ACTION:

City Council provide direction to staff.
15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CREATION OF A

RESOLUTION IN SUPPORT OF THE PALESTINIAN PEOPLE OF GAZA At the November 14, 2023, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss the creation of a resolution in support of the Palestinian people of Gaza, call for a ceasefire in Israel and occupied Palestine, and that the resolution contain a summary of the conditions of the conflict.

RECOMMENDED ACTION:

City Council provide direction to staff.
15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING BUSINESS

LICENSE COMPLIANCE
At the November 14, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss actions that the City may take to ensure that operating businesses with the City currently possess an active business license and what actions the City may take for those who are currently operating without an active business license.

RECOMMENDED ACTION:

City Council provide direction to staff.

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16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 22nd day of November, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary

October 20, 2023 - November 2, 2023
Electronic Transaction Nos. $ 488,754.07
Check Nos. $ 264,390.54
TOTAL $ 753,144.61
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

ACCOUNTS PAYABLE REGISTER
2879-2906
conform to the City of Stanton Annual
Budget as approved by the City Council.
137176-137212
Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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Joint Regular Meeting – November 14, 2023 - Page 1 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING NOVEMBER 14, 2023

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Ms. HongDao Nguyen, City Attorney.

4. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairperson Van, and Mayor/Chairman Shawver.

Absent: None.

Excused: None.

5. SPECIAL PRESENTATIONS AND AWARDS
Presentation by Mr. Wealthy Villariasa, Director Radiation Oncology, City of Hope Orange County, Irvine Cancer Center, sharing their mission with the City Council and providing information on their current operations.

6. CONSENT CALENDAR
Mayor Shawver requested to pull item 6H from the consent calendar for separate discussion.

Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

Item: 9C
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Joint Regular Meeting – November 14, 2023 - Page 2 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated October 5, 2023 – October 19, 2023, in the amount of $1,680,415.34.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Special and Regular Meeting – October 24, 2023.
6D. SEPTEMBER 2023 INVESTMENT REPORT
The Investment Report as of September 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of September 2023. 6E. SEPTEMBER 2023 INVESTMENT REPORT (SUCCESSOR AGENCY) The Investment Report as of September 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of September 2023.

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Joint Regular Meeting – November 14, 2023 - Page 3 of 9

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AMENDMENT AND APPROVAL AT NEXT MEETING
6F. SEPTEMBER 2023 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS

OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended September 30, 2023, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, this report includes a status of the City’s Capital Improvement Projects (CIP) as of September 30, 2023. The figures reported represent preliminary figures through September 30, 2023. The fiscal year end closing process is still in progress and the final figures are pending completion of the City’s annual financial statement audit.

2. Received and filed the General Fund and Housing Authority Fund’s September 2023 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended September 30, 2023.
6G. PROFESSIONAL SERVICES AGREEMENT FOR SPLASH PAD MAINTENANCE As the current contract is set to expire on November 30, 2023, City staff released a Request for Proposal (RFP) soliciting proposals to provide professional splash pad maintenance services at Stanton Central Park and Harry M. Dotson Park. Staff recommends awarding a contract to HASA, Inc. DBA Commercial Aquatic Services.

1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Awarded a contract to HASA, Inc. DBA Commercial Aquatic Services to provide professional splash pad maintenance and repair services for a maximum contract amount of $10,000 annually, excluding CPI adjustments as provided for in the Professional Services Agreement; and

3. Authorized the City Manager to bind the City of Stanton and HASA Inc. DBA Commercial Aquatics Services in a contract to provide the services; and

4. Authorized the City Manager to approve a contingency in the amount of $5,000 per year to HASA Inc. DBA Commercial Aquatics Services.

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6I. CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION, SANTA’S SIREN EVENT
Per the City Sponsorship Program, the Youth Assistance Foundation is requesting co-sponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determined the status of the Youth Assistance Foundation’s sponsorship request for a total in-kind value of $499.

END OF CONSENT CALENDAR
6H. FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

INTERWEST FOR PREPARATION OF RELOCATION PLAN AND

IMPLEMENTATION OF PERMANENT AND TEMPORARY RELOCATION

SERVICES FOR CITY PROPERTIES AT THE TINA/PACIFIC NEIGHBORHOOD The City Council will consider approving the First Amendment to the Professional Services Agreement with Interwest for preparation of a relocation plan and implementation of permanent and temporary relocation services. The First Amendment increases the not-to-exceed compensation amount from $40,000 to $243,000. The original agreement’s compensation amount was intended to solely cover costs related to emergency relocation services during a consultant staffing transition period, while the proposed amount covers all services related to the relocation of City properties at the Tina/Pacific neighborhood.

Motion/Second: Shawver/Taylor
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
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2. Waived the competitive procurement process since only one known supplier has been identified and allowed for the sole source procurement of professional services; and

3. Authorized the City Manager to enter into a First Amendment to the Professional Services Agreement with Interwest for preparation of a relocation plan and implementation of permanent and temporary relocation services in a form approved by the City Attorney.

7. PUBLIC HEARINGS None.

8. UNFINISHED BUSINESS None.

9. NEW BUSINESS
9A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ESTABLISHING PROTECTIONS ON NEWLY PAVED STREETS This Ordinance establishes protections on newly paved streets.

Staff report by Mr. Cesar Rangel, Public Works Director / City Engineer.

Motion/Second: Shawver/Taylor
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Van AYE
Mayor Shawver AYE
Motion unanimously carried:

1. The City Council finds the proposed Ordinance not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15060(c)(2), 15061(b)(3), and 15378(b)(5); and

2. Conducted the first reading of Ordinance No. 1135 entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, ADDING SECTION 12.08.450 TO AND
AMENDING SECTIONS 12.08.010 AND 12.12.010 OF THE CITY’S MUNICIPAL CODE, REPEALING THE CITY’S ADMINISTRATIVE
POLICY NO. VI-1-1, AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES
SECTIONS 15060(c)(2), 15061(b)(3) AND 15378(b)(5)”; and

3. Set November 28, 2023 as the date for second reading of Ordinance No. 1135.

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10. ORAL COMMUNICATION None.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Torres expressed his gratitude to the Orange County Sheriff’s Department during his most recent need for their assistance. • Mayor Pro Tem Van reported on the Orange County Public Library’s In-N-Out Cover to Cover Club in which children who read five books or 300 minutes will earn a free In-N-Out hamburger or cheeseburger, participating children will receive a reading log to keep track of the books and minutes they read. • Council Member Taylor reported on his participation on a ride-a-long with the Orange County Sheriff’s Department, expressed his gratitude to the Sheriff’s Deputies, and encouraged staff, council, and residents to participate on a ride-along of their own. • Council Member Warren expressed her gratitude to the Orange County Sheriff’s Department on their most recent response efforts to an incident within a nearby neighborhood.
• Council Member Warren reported on her attendance at the City’s annual Veteran’s Day Ceremony event in honor of the men and women in our community that have served or are serving in the U.S. Armed Forces, which was held on November 11, 2023, at Stanton City Hall and expressed her gratitude to City staff on a well hosted event.
• Council Member Warren reported on her, Mayor Pro Tem Van, and Mayor Shawver’s attendance at the Orange County Sanitation Districts State of the District event, which was held on October 27, 2023.
• Mayor Shawver reported on an upcoming drive through food, holiday turkey, and diaper distribution event, which is scheduled to be held on November 18, 2023 at Stanton Park.
• Mayor Shawver reported on his attendance at Supervisor Doug Chaffee’s 5th Annual Kindness Awards 2023, which commended those who have displayed exceptional kindness or community service in the fourth district of Orange County, held on November 13, 2023 and congratulated Stanton’s honoree Ms.

Lorena Flores who has been regarded as being dedicated to engaging her community with their local representatives and promoting civic engagement, along with her work connecting the community with the government so they can stay engaged and make meaningful changes.

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• Mayor Shawver reported on the upcoming Annual Harry's Cafe Thanksgiving Dinner event, which is scheduled to be held on November 23, 2023 at Harry’s Café on Katella Avenue from 1-5 PM.
• Mayor Shawver reported that he is in the process of preparing to host a Public Safety Services appreciation luncheon, details to follow. 12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Council Member Taylor requested to agendize discussion regarding conducting a review of the Campaign Contributions and Levine Act (AB 1439) and to address options that the City may review in regards to setting a City specific limit(s) and policy.
• Council Member Torres requested to agendize discussion regarding the creation of a resolution in support of the Palestinian people of Gaza, call for a ceasefire in Israel and occupied Palestine, and that the resolution contain a summary of the conditions of the conflict.
• Mayor Shawver requested to agendize discussion regarding actions that the City may take to ensure that operating businesses with the City currently posses an active business license and what actions the City may take for those who are currently operating without an active business license. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CONDUCTING A REVIEW AND UPDATE OF THE CITY’S CURRENT CANNABIS ORDINANCE At the October 24, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss a review and update of the City’s current cannabis ordinance(s).

Presentation by Mayor Shawver.

Motion/Second: Shawver/Torres
Motion carried by the following vote:

AYES: 4 (Shawver, Torres, Van, Warren)
NOES: 1 (Taylor)
ABSTAIN: None
ABSENT: None
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Motion unanimously carried:

Consensus was received and the City Council directed staff to proceed with research and a staff report relating to extension for current licensees, opportunity costs associated with delay in opening, options for payment of anticipated revenues as part of an extension opportunity, proposed canopy space, and a project timeline.

13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Ms. Hannah Shin-Heydorn, City Manager reported on the City’s annual Veteran’s Day Ceremony event in honor of the men and women in our community that have served or are serving in the U.S. Armed Forces, which was held on November 11, 2023, at Stanton City Hall and reported on the community praise of an event well hosted, along with expressed gratitude for the events Veteran speaker who shared his story with the attendees. • Ms. Hannah Shin-Heydorn, City Manager reported on the upcoming weather forecast and the potential for heavy rains, which could affect the Stanton Family Resource Center’s open house event scheduled to be held on November 18, 2023, and that should it rain, the event will be rescheduled to a future date. 14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Fire Battalion Chief Christopher Sobiesiak provided the City Council with an update on their current operations.

Council Member Torres inquired and Ms. Hannah Shin-Heydorn, City Manager confirmed that pre-filled sandbags are available for pickup at the Stanton Corporate Yard and that Orange County Fire Authority Station 46 has sandbags (sandless) available for pickup as well. Sand for sandbags secured from Station 46 can be acquired from Orange County Fire Authority Station 17, located at 4991 W Cerritos Avenue, Cypress.

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15. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:43 p.m.
_______________________________________

MAYOR/CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 28, 2023
SUBJECT: EXTEND THE CITY’S DEADLINE TO ESTABLISH ONLINE PERMITTING SYSTEM IN COMPLIANCE WITH ASSEMBLY BILL 2234 (AB 2234)
REPORT IN BRIEF:

California Assembly Bill 2234 established several requirements for the review and processing of post-entitlement permit applications. “Post-entitlement” refers to any project that required a public hearing before the Planning Commission to obtain approval of a development before seeking permits to begin construction. One requirement established by this bill was the implementation of an online permitting system. The City’s current permitting system does not have the capability to issue permits online and there is no cost-effective way to alter the existing system to comply with this requirement. As a result, staff is seeking to extend the deadline for compliance with this requirement to January 1, 2026 as allowed under the provisions of AB 2234.

The extension will allow staff to complete a procurement process so that a compliant and cost-effective online permitting system can be acquired.

RECOMMENDED ACTIONS:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15060(c)(2) and 15060(c)(3); and

CALIFORNIA EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE

PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS
UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB
2234).”
Item: 9D
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2 BACKGROUND:

AB 2234 took effect on January 1, 2023, adding sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extending elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects. Under AB 2234, post-entitlement phase permits are all administrative permits and reviews filed after the entitlement process has been completed. Examples of post-entitlement phase permits include building permits, encroachment permits, demolition permits, or grading permits.

AB 2234 imposes numerous requirements on a local agency’s review and processing of a post-entitlement phase permit application, including: (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency’s decision; and (5) implementing an online permitting system.

The matter before the City Council this evening concerns item (5) above, AB 2234’s online permitting system requirement.

ANALYSIS/JUSTIFICATION:

Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement.

For local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (i) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (ii) January 1, 2028 for all local agencies not covered by (i). The City of Stanton is subject to the January 1, 2024 deadline because it is located in Orange County which has a population of over 3 million.

AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement.

Implementing an online permitting system by the January 1, 2024 deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees because the current system does not have the capability of electronically issuing permits via an online portal. The existing system 3 would require a significant reconfiguration, development of new scripts, and a significant amount of time beyond the standard maintenance and use contract that the City has for use of the existing system. The magnitude of reconfiguring the existing system at a per hour cost set by the system developer would be significantly higher than the current cost and cost recovery would require an increase in permitting fees to accommodate the sudden cost increase of the system. In contrast, the ability to follow a procurement process would allow the City to conduct a full search of available programs that already have these capabilities without the burden and expense of developing completely new software. A procurement process will allow the City to compare systems and costs to find the most beneficial and cost-effective system that will minimize or prevent an increase in permit fees.

The attached Resolution makes the requisite findings and, if adopted by the City Council, will extend the City’s deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026. As required by AB 2234, the resolution also includes a direction to staff to initiate the procurement process necessary to comply with this requirement. This process will be conducted in accordance with state law and the City’s applicable procurement policies.

For the reasons provided above, staff recommends that the City Council adopt the attached resolution.

FISCAL IMPACT:

The extension of the deadline for compliance will not result in any fiscal impacts.

ENVIRONMENTAL IMPACT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, adopting the resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

LEGAL REVIEW:

None.
4 PUBLIC NOTIFICATION:

Notification through the regular agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Crystal Landavazo, Community & Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2023-29
RESOLUTION NO. 2023-29

Page 1 of 3 ends

RESOLUTION NO. 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY STANTON, CALIFORNIA

EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE PERMITTING SYSTEM

FOR POST-ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234)
WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects; and
WHEREAS, under AB 2234, a “post-entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and
WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve postentitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and
WHEREAS, the City of Stanton (“City”) is subject to the January 1, 2024 deadline because it is located within Orange County which has a population of 250,000 or greater; and
WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and
Attachment: A
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RESOLUTION NO. 2023-29

Page 2 of 3 ends

WHEREAS, the City desires to extend its deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

SECTION 1: Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly
SECTION 3: AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):

1. Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because the current system does not have the capability of electronically issuing permits via an online portal. The existing system would require a significant reconfiguration, development of new scripts, and a significant amount of time beyond the standard maintenance and use contract that the City has for use of the existing system. The magnitude of reconfiguring the existing system at a per hour cost set by the system developer would be significantly higher than the current cost and cost recovery would require an increase in permitting fees to accommodate the sudden cost increase of the system. In contrast, the ability to follow a procurement process would allow the City to conduct a full search of available programs that already have these capabilities without the burden and expense of developing completely new software. A procurement process will allow the City to compare systems and cost to find the most beneficial and cost-effective system that will minimize or prevent an increase in permit fees.

2. Initiation of Procurement Process. The City Council hereby directs staff to initiate the procurement process necessary to comply with AB 2234’s online permitting system requirements. Such process shall be in accordance with state law and the City’s applicable procurement policies.

RESOLUTION NO. 2023-29

Page 3 of 3 ends

SECTION 4: Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.

SECTION 5: Effective Date. This resolution shall become effective immediately upon its adoption.

SECTION 6: Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED, SIGNED AND APPROVED this 28th day of November 2023.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONG DAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-29 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on November 28, 2023, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 28, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON

CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT
(TASK CODE NO. 2022-205)
REPORT IN BRIEF:

Two bids for the Stanton Central Park Shade Structure Installation Project were opened on October 31, 2023. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by R.E. Schultz Construction, Inc. to be the lowest responsible and responsive bid at $42,950.

RECOMMENDED ACTIONS:

2. Award a construction contract for the Stanton Central Park Shade Structure Installation Project to R.E. Schultz Construction, Inc. for the bid amount of $42,950 and reject all other bids; and

4. Authorize the City Manager to approve contract changes in an amount not-to-exceed ten percent of the bid amount ($4,295).

BACKGROUND:

The picnic tables north of the Community Center at Stanton Central Park have no shade covering. During the summer months when the splash pads are open, staff has observed visitors standing and crowding around the Community Center and restroom building to seek shelter and shade while supervising their children. As such, staff has been looking to install a new shade structure in the picnic table area to provide visitors shade and Item: 9E
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2 comfort when visiting the park. As part of the Fiscal Year 2021-22 Mid-Year Budget Update, Council approved the addition of this project to the Capital Improvement Program.

On September 26, 2023, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on October 31, 2023, and the contractors who attended the mandatory pre-bid conference were eligible to submit a bid. Two (2) bids were received and opened as follows:

Rank Company Bid
1 R.E. Schultz Construction, Inc. $42,950.00
2 A2Z Construct Inc. $50,000.00
R.E. Schultz Construction, Inc. submitted the lowest responsible bid in the amount of $42,950, which is approximately 28 percent below the Engineer’s estimate of $60,000.

Staff has reviewed the submitted documents and found that R.E. Schultz Construction, Inc. has submitted the lowest bid and is compliant with the contract documents; however, the submitted bid had a clerical error where the total base bid in numbers was listed as $42,950 and the total base bid in words was written as $49,950. Staff reviewed the itemized costs and confirmed with the contractor that $42,950 is the correct bid amount.

Upon successful execution of the contract documents, the project is expected to begin construction early next year.

For every construction contract awarded by Council, staff is required to return to Council to accept the improvements, approve the final construction contract amount, and direct the Council to file a Notice of Completion.

FISCAL IMPACT:

The Fiscal Year 2023/24 Amended Budget includes $58,360 for this project (Task Code No. 2022-205), with funding from the City’s General Capital Projects Fund (#305).

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301 as a minor exterior alteration of an existing public facility and Class 3, Section 15303 as construction of an accessory structure. 3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Han Sol Yoo, E.I.T., Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Stanton Central Park Shade Structure Installation Project Contract B. R.E. Schultz Construction, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 20 , BY AND BETWEEN THE CITY OF STANTON, as City and R.E. SCHULTZ CONSTRUCTION, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

Article I
The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions in accordance with the Standard Specifications for Public Works Construction, Faithful Performance Bond, Labor and Material Bond, and all referenced specifications, details, Standard Plans and appendices, including all applicable State and Federal requirements; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively all the foregoing shall be referenced as the “Contract Documents”). All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

Article II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

Article III
CONTRACTOR agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole hereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

Attachment: A
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CA-2
Article IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents.

The total amount of this contract shall not exceed Forty-Two Thousand Nine-Hundred Fifty Dollars ($42,950.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work not to exceed 15% of the contract amount approved by City Council or $30,000 whichever is less. Any additional work in excess of this amount shall be approved by the City Council.

Article V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employee to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

Article VI
CONTRACTOR agrees to indemnify and hold harmless CITY and all of its officers, officials, consultants, employees, agents, and volunteers from any claims, demands or causes of action, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.

Article VII
CONTRACTOR affirms that the signatures, titles, and seals set forth herein in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CA-3

CONTRACTOR CITY OF STANTON
Name Date Hannah Shin-Heydorn Date
Title City Manager
ATTEST:

Name Date Patricia Vazquez Date
Title City Clerk
____________________________________ APPROVED AS TO FORM:

Contractor’s License Number and Classification
____________________________________
DIR Registration Number
Best Best & Krieger LLP Date
City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-4
Notary Acknowledgment
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
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-6
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-7
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-8
Notary Acknowledgment
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.

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-9

CITY OF STANTON

PAYMENT BOND

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) 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 said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-10
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-11
Notary Acknowledgment
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.

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-12

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Contractor, prior to commencing work, shall sign and file with the City of Stanton a certification as follows:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR
By:

Title:

Date:

STANTON CENTRAL PARK SHADE

STRUCTURE INSTALLATION PROJECT
CA-13
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Bidder's Name: R.E. Schultz Construction, Inc.

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: R.E. Schultz Construction Inc.

The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract, including all plans, specifications, and all addenda, if any, for the following Project:

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response to the Notice Inviting Bids dated September 28, 2023 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents, including all plans, specifications, and all addenda, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

The undersigned certifies that ii has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that ii understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

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

BIDDER declares that the only persons or parties interested in this Proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this Bid; that this Proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this Bid is in all respects fair and without collusion or fraud.

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

P-1
Attachment: B
Click here to return to the agenda.

Bidder's Name: R.E. Schultz Construction, Inc.

A complete bid consists of the following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Completed Bid Schedule form.

2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Completed Bidder Information and Experience form.

5. Fully executed Non-Collusion Declaration form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. IRAN Contracting Act Certification (for contracts of $1,000,000 or more)

8. Sufficient Funds Declaration
Bidder certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California:

License number ____ 10_0_7_1_9_5 ____________ _
Expiration date ____ 9=/-=3=0 ...,/2='--5 ------------
License classification __ A�, �B, __ C_-_6_.1/_D_3_4.._, _C-_6_1�/D_1_2 ______ _ If the Bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addendum No. Date Received
1 10/1
8/23
[SIGNATURES NEXT PAGE]
P-2
Bidder's Name: R.E. Schultz Construction, Inc.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER:

R.E. Schultz Construction, Inc.
(Company Name)
Richard Schultz
(Type or print name)
President, Sole Officer
(Title}
Orange, CA
(Where signed) (City, State)
Dated: October 31 , 20_2_3 __
State of lncorporation:_C=a=li ____ fo'-'-rn""'i""""a _____ _ Bidder's Business Address:
1767 North Batavia Street
Orange, CA 92865
(If the Contractor is a corporation, two signatures of corporate officers are required.) Names and addresses of all partners or joint venturers:

NA
Statement of the authority of signatory to bind Bidder:
l
Pces·d.evv\:: and Secr<.\-o.r'-'
o� \< . G $c�u \t:c: Con si't:'-' c.\ioc 1 \ n c. and b �5 :\-ke �u.,¼o r� � fb � \�Y'\ a...no\ b·, f\ � C...t>h 1'\'"Ac\-.5 � & -fu..,. fV\ 5 o� 'o,e'na..\ .f) o.f- � \ t'\CO{ F' A...,+i �.

P-3
Bidder's Name: BE. Schultz Construction. Joe
BASE BID SCHEDULE*

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT UNIT

ITEM DESCRIPTION QTY UNIT PRICE ITEM COST
NO. QTY /Numbers\ /Numbers\
1 MOBILIZATION AND DEMOBILIZATION:

Not to Exceed 10% of total bid amount 1 LS $ 3,950.00 $ 3,950.00 2 FURNISH AND INSTALL PREENGINEERED FABRIC SHADE
STRUCTURES: Single Post Pyramid
Shade Structure {20 ft. x 20 ft.) in 1 LS $ 34,500.00 $ 34,500.00 accordance with specifications and site
plan; complete and in place. Match
Existina Color
3 REGRADE AND RESTORATION: Sawcut.
remove. and replace concrete sidewalk 50 SF $ 90.00 $ 4,500.00 panel, expansion joint. and caulk. Match existina color.
.. . . • Add1t1onal details about Items of work included m each bid item can be found m Section 7-3.1 of the Special Provisions and Specifications.
$42,950.00
Forty Nine Thousand Nine Hundred and Fifty
and ero

THE BASIS FOR AWARD OF CONTRACT SHALL BE THE CONTRACTOR'S BASE BID ONLY.

The costs for any work shown or required in the Contract Documents. but not specifically identified as a bid line Item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item. the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous. unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

P-4
Bidder's Name: R.E. Schultz Construction, Inc.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. If the City selects any of the alternate bid items, the corresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work. The City can award/select alternate bid items at any time(s).

Dated 10/31/23
P-5
Bidder's Name: R.E. Schultz Construction.Inc.

BID GUARANTEE
BID BOND NO. 11-327-559
[Note: Not required when other form of Bidder's Security, e.g. cash, certified check or cashier's check, accompanies Bid.]
The makers of this bond are, R.E. Schultz Construction, Inc. , as Principal, and U.S. Specialty Insurance Company , as Surety and are held and firmly bound unto the City of Stanton, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, 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 whereas the Principal has submitted the accompanying bid dated October 31 , 201.1_, for STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT.

If the Principal does not withdraw its Bid within the time specified in the Contract; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 31st day of October , 201.l_, the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney-in-Fact Certificate)
R.E. Schultz Construction, Inc.

Contractor/ Principal
:lee�
U.S. Specialty Insurance Company
::
rety /Jf/b·
Blake A. Pfister
Title Attorney-in-Fact
P-6
CAU,ORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189
Wit? NI
A notary
document to which ttlis certfflcate is attached, and not the tnrthfulness, public or � officer completing this c:ertfficate verifies only the identity of the individual who signed the accuracy, or validity of that document.

State of Califomia
County of orange
O
n October 27,
Date
2023 before me, Lianne Nahina, Notary Public
personally
Here Insert Name and Title of the Officer
appeared _B�la.;.;.
�ke..;..�A_ • ....;;.P.;;f.;;i.;;s..;;t.;;e.;;
r _________________ _
Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(t whose name(s) is/• � authorized capacity(lll!f), and
sub5Cribed to the within instrument and acknowledged to me that ruJ•NIW'-f executed the same in that by hf.Md_,, .;ignatur� on the instrument the person#), or the entity _upon behalf of which the � acted, executed the instrument..

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 co"ect.

WITNESS my hand and official seal,
Sig�/ ,u_p_/)41f?
Signature of Notary Public
......, ____________ OPTIONAL------------- Though this section Is optional, completing this information can deter alteration of the document or Descriptior, of Attached Document
fraudulent reattachment of this form to an unintended document.

TrUeorTypeofOocument: Bid Bond 11-327-559 OocumentDate;October 31, 2023 Number of Pages: ___ Signer(s) Other Than Named Above:,.,_.,_/ N .,_,_A_,_, ___,,_,N=o....,n=e�------ Capacity(ies) Claimed by Signer(s)
Signer's Name; Blake A. Pfister
D Corporate Officer - Tltle(s): _____ _
□ Partner - D Umrted Cl General
□ Individual . t3l Attorney in Fact
□ Trustee □ G�dian or Conservator
□ Other:------------,--,-
Signer Is Representing: U. s. Specialty
Insurance Company
Signer's Name; - - - - - - -
D Corporate Officer - Title(s): _____ _
0 Partner - □ Limited O General
0 Individual O Attorney in Fact
□ Trustee D Guardian or Conservator
D Other: ____________ _
Signer Is Representing: _______ _
; &ii& ML M St MM&h22£2 fi.fJ MSC CL.:.:2222 E,&4Sli aaa 2-521 a £ ©2014 National Notary Association• www.NationalNotary.org • 1-800..US NOTARY (1�800�876-6827) Item #5907 Bidder's Name: R.E. Schultz Construction, Inc.

Notary Acknowledgment
A notary public �r ot�er officer _completing this _certificate verifies only the 1dent1ty of the md1v1dual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALJfORNIA
COUNTYOF �
On L D -3 l- -:-v � 20_, �efor•t
·· b' wt AA� 0 l c-- ' Notary Public, personally
appeared S ...,...,�......,.- , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(,.s,whose name . fare subscribed to the within instrument and acknowledged to me that lffesbeLtbey executed the same in d)i:S/cl:ler.f.their authorized capacityUesT, and that by Jrrs#ler:tt.t:i ir signature(.8') on the instrument the person(sf, or the entity upon behalf of which the persor.ifs')....- acted, executed
the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
�"'&121d-A--dll::.-4l!i-•-•-e�
correct.
.... a-•-•-••1 , /2)�•• o,, D. MINDIOLA
:; :-�
�'-; Notary Public• California 3 ;; =�"'" · , = Orange County � •• � : _ � Commission// 230274 �-
••• My Ccr-:;-. Ex�1rfri Ma· 5. 2025
ignattil'&ommary-P!ieli""

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

CAPACITY CLAIMED BY SIGNER
Individual

DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s)
Partner(s)
Attorney-ln-F act
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Limited
General
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

P-7
Bidder's Name: R.E. Schultz Construction Inc.

Notary Acknowledgment
A notary public qr other officer _co�pleting this _certificate verifies only the 1dent1ty of the ind1v1dual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COU Y OF _____ _
On--------� 20_, before me, see attached acknowledgment , Notary Public, personally appeared see attached acknowled ment , who proved to me on the basis of satisfactory evidence to be the p son(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they ecuted the same in his/her/their authorized capacity(ies), and that by his/her/th ir signature(s) on the instru ent the person(s), or tre entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF P JURY under the laws of the State of California that the foregoing paragraph is true and correct.

Signature of Notary Public
WITNESS my hand and official seal.
see attached acknowledgment
OP NAL
Though the information below is not required by law, it may prove luable to persons relying on the document and could prevent fraudulent removal and reattachment o his form to another document.

CAPACITY CLAIMED BY SIGNER
Individual

SCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) e or Type of Document
Partner(s) Limited
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
General Num r of Pages
Da� ofDoco \
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attqrney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND
P-8
TOKIO MAIUNE.

HCC
•. • •. · . > > f>C)\11/l;R. OF AJ'TQ�NEY, .. . •.'.· . .. . . ./ AMERICAN CONTRACTORS INQEMNITY COMPANY·· T6XAlfBONDING COMPANY:••· UNITED STATES SURETY COMPANY U.S. SPECIAL TY INSURANCE COMPANY • K�OW AL¼ M�I'{ B't'TH�.si;: .p�ESENT{l:l:ha! Af!leri9a1J, Q9ntractor9<lf\ge,ll1ni\Y Qompaf)y, a Calif◊tti/aso.rroriitio'liJ:exas BOIJ.�lng • C\l!llPany ,· �g•�ssy,me.d ryam,,;, otAmenc;!n, Qontrac;tors lnilen,n,ty Cot\]P,\lliY,sUnJtep S)\l1EifSurety(;o_n1P,any,. a Maw/•�!! corpot�t{9n and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these p'resent/tmake, constitute and appoint:
l;llake A, Pfis\e.r of Missl\lnVlejo, C,ilifomia
its;frue and 1aw!ulAtt6rJiy(�J-in:fact, edi:h'lA thelrsepar�le ·iiapacityif riih1J.ti'l�n· 6�€.is•�amed �fJoJ�. Ji(f\ifJir pti(;:Jfand aJiwdt,;ys· hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakinQ�. 9r oth\lr lns.truments or .. G�IJ.\racj,;_ of �4.retyship Io inc.luq1> _riders, amend'fJ.\l,nt,;1an,d,,fonsents of surety, providing.!li<i•,l>i!Jd;Peoaity\does nofellfeed .;, •·· o:S / l' <• tti"FiveMilJion"'" . .;O: < •• •·· , •·< po)latsn. ; ( f''$5,00il:od0:6o,·· •),.jfii$ Power of Atl,O,[n\lY�haJ\,\lXPi[t\WJfhout furt.J11>�;a¢jlon9qAPri (2��. 2026'.;J:�j� ff9W�r of A�bnj�y is g(anj�d •• under and by authority of the following resolutions adopted by the Boards ofDirectors of the Companfes:· " • • • Be it Resolved, th,a� __ the_ _ President, any Vice-Pres_ident, a_ny_Asslst_ant Vice-Presl_dent, __ any Secretary or any Assist�nt Secretary shal_l _ be and is hereby '.��Med withJU,!f.
:
'.Ro��r,:�trd;,_uth�!tW to appo_!�!,kli;i_Y;;{>,n�/ttn?re -�Y}table per�Rp�;a�fl!Pitl0�,(s)-1tyfact to reRr_��e,�t;�n<1:iGt{pr arq,yn behalf_p[:c1tw_; :,company S_lI�Jeqpo;tti.E�/�1
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and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents ..f?r the release. __ pf ,reta_ln�:�.-
-
pe,r,�entages and{9r fi,nal e __ �tirriates 8n engineering_an�_,cons_tr_uctlon __ contracts, and_ _ �ny__ and _all__ notices and documents_ ,�11celing o_r:t_¢riplli�_tinQ'tti�:,CorYJP,�,ny's llabl!!!}h;tfl��u:9:9e·r;;_a_ndl11y such ln��l)rtJ_$��-s:9:-�X�cµte,�;J?y any suc11_;�ttQ_rney�}_�7F�Ht sh,ltbe binding_ :i;ip,9.n _ /; ]hll..Compariy,��.if �fg�� )"th�Pt!lSldent aJ\9 �•�\i� �D\I Wfeql'_d;_by the c,�'l'��lit�[fl�,ere!�ry,; ) ! i :• } .. )? i ; ) ··/ :.<ae 1t Resolved, th8'i'thi signatllie of any auth6ttied -officer and--sear of the cofnf)arlfheietritore-.or hereafter affixed-to anY'pOwer of-Sttorney· Or �hy:;-:
certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding yp.on the Con:iPct.QYY(ith ____ re_spect _tq _any bond or, _l!!JP.�(takl_J)QJO whj_c_� it is attache9; --:� o
.
•' C. CC. •.•c• •. •. 0. _.. •,•, •• •••· ."""<.,c .. • ;c, C c IN'I/JITN E$SI/J��REQ!';· ,�;., Qompar\i�I ��1e ea,u�<i'd .)llili;fpstrument,16 •
18th day of April 202:i.' • • • • • • • • ••
• �late of
County of Los Angeles

AMERICAN CONTRACTORS INDEMNITY COMPANY

UNITEDS
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:

TEXAS BONDING OMPANY
URANCE COMl'AN'(
"'< • ,:�!• By: ��• �:0_i
,,,,,t·;r;;:,�'11"'
"'
: Dc1riie_
l ____ P. Aguilar, Vice President
•• � Notary_,1"6,lffi� bi; otf/�r 9ffi/Jgr comp[ftigg tf/;$be�lficfi,tiverifies i//iiftb& 1qp�l[t'I f!t�e indiv;qM1,'vvRo'$Jgnpd tld� documeili/g which thiSdertiflcateJs attached and not.the,trulhfulnell.s lfccurac orl.validi1 .iof•thaf;doaumen/ ·,,,, .. ·, ;· ··
: .. ;;•· ••• c:, "• ;·
On this 18th day of April 2022, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of A,merican <;;@!fa,R)orsJnRemnity Compa�y,;i;��as,l;lp,�ding .company, 1./�i)�.d !,',Jat�s syrety Comp�n,y �pd_\J,j>,: Spe,9ialty lnsurapce .. t;g,mpany/<'(hci·prov�� tp;m<>o� the basisof;.s!;(\(sf�ctgry eyig�nce to,llj:!\�e)i�r�on.;l.'lhpse;name issugs9rlb�cj to.Jh�y,ii!t,in instr4rn$i)t •and acknowlelJg!id to. mecfha\"he execiut�dcit/le:•,same;in\his auth'orlt�d cap�9ity, •'emij, that by:,n;� Jigti$jMre 9n the instrument•:
•• the person, or the entity upon behalf of which the person acted, executed the instrument. • • • • •• .. ' •
•
H'certify unqtlt:.pt;NA,4TY.Of:�ERJURY;.uria�r tt,ll•raws tjphe state.§f:C�Jlfq,tllaJhat.ll}p foregqjnli:pa(agri!Ph_.is )!'µe and cotr�9\. _:;. •
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:;';'.\AJ1fNEsS\rifh��d -�hcf()ffiCiat�eal. ·
-;�;��ii��!�-:;:: z'
Signature �� (seal)
••
·
· :•=�t��:;1h,,:!
••••· ••• . <
. I, (<io Lo, Msisian(S,;,crelary. American Contractors Indemnify Company,,Je1<?s;,Bonding,,q�mpaoy, Qn!f�d Jitates §ur:etH • 'Company and U.S. Specialty ln·surance Company, do hereby certify tharthe above and foregoing is atrue'and correct copy of a Power • of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, ��t out in th�•J?ower.qfA!lor°'eyare in fullf9rc.e;and.eff9ct. ···•• 1�1r1i�E;�th:f eb(.1 •'11avJ 'Keo�tit�rajy ha4a11tJiaffi �"o'12
t1e' �e�i;kf )�i9.Ckmpani�; �j' l6s J\n�eJii, ,Californi{ l�is •• Agency No. �3�0�74�-----
�iiit lmhcc:C,omisurety 1or more' 1nformaii8n'
Bidder's Name: R.E. Schultz Construction, Inc.
* N/A *

DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1/2 of 1 %) of the Bidder's total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
{d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of Name of Location of CSLB DIR
Work to be Subcontractor Business Contractor Registration done by License No. Number
Subcontractor
* All Work to be
Self-Performed. *
P-9
Portion of Name of
Work to be Subcontractor
done by
Subcontractor
Bidder's Name: R.E. Schultz Construction, Inc.

Location of CSLB DIR
Business Contractor Registration
License No. Number
P-10
Bidder's Name: R.E. Schultz Construction Inc.

BIDDER INFORMATION AND EXPERIENCE FORM

INFORMATION ABOUT BIDDER
(Indicate not applicable ("N/A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: R.E. Schultz C onstruction, Inc.

2.0 Type, if Entity: _C�o�r�po�
r�at�io�n�--------------

3.0 Bidder Address: _1_76_7_N_or_t_h_B_at_a_vi_a_S_tre__et __________ _

4.0 5.0

6.0 Orange, CA 92865
714-740-5049
Facsimile Number
[email protected]
Email Address
714-649-2627
Telephone Number
How many years has Bidder's organization been in business as a Contractor? +25
How many years has Bidder's organization been in business under its present name? 7 years

5.1 Under what other or former names has Bidder's organization operated? RES Enterprises, Inc.

If Bidder's organization is a corporation, answer the following:

6.1 Date of Incorporation: 4/21/15

6.2 State of Incorporation: California

6.3 President's Name: Richard Schultz

6.4 Vice-President's Name(s): Richard Schultz
Secretary's Name: Richard Schultz

6.5 6.6 Treasurer's Name: Richard Schultz
P-11
Bidder's Name: R.E. Schultz Construction, Inc.

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: �N�/�A�---------------

7.2 Name and address of all partners (state whether general or limited partnership):

N/A

8.0 If other than a corporation or partnership, describe organization and name principals:

9.0 List other states in which Bidder's organization is legally qualified to do business.

Washington and Nevada

10.0 What type of work does the Bidder normally perform with its own forces? Site work, demo, equipment installation (play structures, shade structures, site amenities).

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

No.

12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

No.

13.0 List Trade References:

Robertsons Ready Mix, PO Box 3600. Corona. CA 92878. 909-866-4686 Turboscape, PO Box 1062, Lake Elsinora, CA 92531 866-887-2672 P-12
Bidder's Name: R.E. Schultz Construction, Inc.

Sunbelt Rentals, PO Box 409211, Atlanta, GA 30384 503-258-3455 South Coast Bobcat, PO Box 759, Cardiff, CA 92007 714-998-5445

14.0 List Bank References (Bank and Branch Address):

Bank of America, 4825 E. Chapman Ave., Orange, CA 92869 800-432-1000

15.0 Name of Bonding Company and Name and Address of Agent:

U.S. Specialty Insurance Co. 801 S. Figueroa St., #700, Los Angeles, CA 90017 Agent· The Bond Connection Blake Pfister PO Rox 4164 Dana Paint CA 92629 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
P-13

LIST OF CURRENT PROJECTS /BACKLOG)
Bidder's Name: R.E. Schultz Construction, Inc.
[**Duplicate Page if needed for listing additional current projects.**] Project Client Description of Completion Date Cost of Bidder's Reference Bidder's Work Work
(agency
name/contact
info)
SDUSD (4) Sites San Diego Unified Removal and $2,176,710.00 School District Replacement of 11/2023 Robert Jones: Playground Equip.
619-301-0162 and Surfacin2
Liberty Park
City of Westminst r Playground
10/2023 $321,478.00 Cindy Huynh: Renovation
714-548-3497
Edison Trails Park
uty or ,v,onterey ar1, Playground
Peter Shiau: Replacement 11/2023 $207,272.00
626-307-1326
City of Hawaiian G ardens
Pioneer Park 12/2023 - 1/2024 Neema Ghanbari: Park Renovation $249,340.00 562-420-2641 Ext. 206
City ot Newport B ach Playground
Peninsula Park 3/2024 $293,315.00 Kyle Aube: lmorovements 949-644-3296
P-14
Bidder's Name: R.E. Schultz Construction, Inc.

LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client Description of Completion Date Cost of Bidder's Reference Bidder's Work Work
(agency
name/contact
info)
Shipwreck Park :ity of Dana Point Park Renovation 2/2022 $363,056.42 Scott Fisher:
[760-814-7226
Azusa unmea Playground Renovat1 n
Bid# 22-23-09-01 $916,812.00 School District @ Various School Sites 9/2023 Brian Allen:
626-732-4345
North Park City of Inglewood Installation of
Playground Canopy Kenrick Sanderlin: Pla"around Shades. 8/2023 $96,465.00 Project 310-412-5333
Manzanita Park
1ty ot cypress ,nacte Structure 3/2023 $55,650.00 Baruc Bravo: Replacement 714-229-6747
2021-2022 City of Newport B ,ach Playground
Playground Kvle Aube: lmnrovements 6/2023 $330,790.00
Improvements 949-644-3296
P-15
Bidder's Name: R.E. Schultz Construction, Inc.

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's. iob title, name and i:iercent of time to be allocated to this project: Ricnard Schultz, Owner - Start-up, periodic reviews, close-out Job Superintendent -Thomas Iglesias: Start-Up, Periodic Reviews, Close-Out. Project Duration.

Project Manager-Jon Schatz: Start-Up, Periodic Reviews, Close-Out. Project Duration.

2. Summarize each person's specialized education:

Richard Schultz - License qualifier, NPCAI Certified, CPSI Jon Schatz -BSM E, CPSI

3. List each person's years of construction experience relevant to the project:

Richard Schultz 25+ years
Thomas Iglesias: 25+ years
loo Schatz: s years

4. Summarize such experience:

Knowledge, factory/vendor certified in all scopes related to playground from mobilization, site set-up & safety, demo and prep of sub-surfaces for placement of new products/ scope of project.

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder's Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

R.E. Schultz Construction Inc, is a full service general engineering contractor that specializes in playground construction including shade shelters and structures and is a reputable playground installation company performing work throughout the state of California. We hold manufacturer certifications from all major play industry manufactures. We have multiple Certified Playground Inspectors on staff with membership to the Bational Playground Contractors Association.

P-16
The undersigned declares:

Bidder's Name: R.E. Schultz Construction, Inc.

NON-COLLUSION DECLARATION
I am the President, Sole Officer of R.E. Schultz Construction, Inc. , the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to 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 10/31/23 [date], at Orange [city], CA [state].

Name of Bidder R.E. Schultz Construction, Inc==
Signature �
Name Richar�
Title President, Sole Officer
P-17
Bidder's Name: R.E. Schultz Construction, Inc.

PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771. 1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No Bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771. 1 and is currently registered as a contractor with the Department of Industrial Relations. 1 Name of Bidder: R.E. Schultz Construction Inc.

DIR Registration Number: ---- 10000333--------- 85
DIR Registration Expiration: -��--------- 6/30/24
Small Project Exemption: __ Yes or_X_ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the Project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the Project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Bid is non-responsive.

Name of Bidder �on, Inc.

Signature _ __,_�-�----"'=-=--\----------------
Name and Title Richard Schultz. President (Sole Officer) Dated 10/31/23
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." P-18
Bidder's Name: R.E. Schultz Construction, Inc.

CITY OF ST ANTON

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Sections 2202-2208)

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT (To be executed by bidder and submitted with Its bid)
As required by Public Contract Code ("PCC") Section 2204 for contracts of $1,000,000 or more, please insert Bidder's or financial institution's name and Federal ID Number (if available) and complete � of the options below. Please note that California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (PCC Section 2205.) OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the bidder/financial institution identified below, and the bidder/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by California Department of General Services ("DGS") and is not a financial institution extending Twenty Million Dollars ($20,000,000) or more in credit to another person/bidder, for 45 days or more, if that other person/bidder will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. [PCC Section 2204(a).)
Bidder Name/Financial Institution (Printed)
R.E. Schultz Construction, Inc.
le Officer
Executed in
10/31/23 Oran e,CA
OPTION #2 - EXEMPTION
Federal ID Number (or NIA)
32-0465469
Pursuant to Public Contract Code Sections 2203(c) and {d), a public entity may permit a bidder/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.
·nancial Institution (Printed) Federal ID Number (or NIA) By (Authorized Signature)
Printed Name and Tille of Person Signing !
Date Executed I
P-19
A0.179521 6
)<
�
o 31'7ql/Q) FILED� ,; Certificate of Amendment
Of Articles of Incorporation
The undersigned certify that:

Secretary of Stat€'
State of Californis
JAN 07 2016 (f,
\CC-,

1. They are the President and the Secretary, respectively, of RES ENTERPRISES, INC., a California corporation.

2. Article!., ofthe Articles of Incorporation of this corporation is amended to read as follows:

The name of the corporation is: R.E. Schultz Construction, ln'fu

3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors.

4. The corporation has issued no shares.

We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge.

DATE: .JO/) 5, 2.,0/fc,
Senders Contact I nformatlon:

Richard Schultz
2914 E. Katella Ave #102
Orange CA 92867
714-649-2627
Entity #C3779421
Richard �Sch ultz,Preslnt
I h•reby cenlfy uk !ho foregoing
ran""'1pt o.__,....._,._pago(s}
i. a full
, 11\la snd wroct oopy llf !h<l
original recoro In tne custody or Uw
Callfomla Sec<•lmy of Siato't Qfil<:<,
JAN 19 2016 (2,,

TOKJOMARINE
HCC
September25, 2023
R.E. Schultz Construction, Inc.
1767 N Batavia
Orange, CA 92865
RE: Bond Capacity Letter/ Bondability Certification
To Whom It May Concern,
Tokio Marine HCC
1 MacArthur Place, Suite 550
Santa Ana, CA 92707
Tokio Marine HCC - Surety Group is a leading provider of surety bonds; comprised of American Contractors Indemnity Company and U.S. Specialty Insurance Company. Our underwriting companies are rated AA- (Very Strong) by Standard & Poor's and A++ (Superior) by A.M. Best Company. Both American Contractors Indemnity Company and U.S. Specialty Insurance Company are approved underwriting surety companies per the most current U.S. Treasury Department listed Circular 570 and complies with the provisions of the California Code of Civil Procedure, Section 995.600.

For many years, R. E. Schultz Construction, Inc. has been a highly regarded and valued client of both American Contractors Indemnity Company and U.S. Specialty Insurance Company. We understand that you are considering them for future projects. Although we have not set a maximum single bond or aggregate limit, we will consider our client for payment and performance bonds of $3,000,000 single limit within a $6,000,000 aggregate program. We continue to be confident in our client's ability to perform and we recommend them for your favorable consideration. Our experience with our client has been excellent.

Please be advised that execution of all final bonds is subject to review and acceptance of the final contract terms, conditions, and financing by our client and Tokio Marine HCC - Surety Group at the time of each rElquest. This letter does not guarantee the execution of any final bonds. The information contained herein is furnished as a matter of courtesy for your confidential use anq is merely an expression of opinion as of the date of this letter. If you have any questions please do not hesitate to contact me at 949-248-1543.

Sincerely,
Blake A Pfister, Attorney-in-fact
On Behalf of American Contractors Indemnity Company and U.S. Specialty Insurance Company cc: Paul Dito
A member of the Tokio Marine HCC group of companies
.CALIFORNIA ALL-IIURP08II ACKNOWLEDGMENT CML CODE§ 1189 documllntto
A nota,y public or which tlrls eertfflcale Js
qll,er l)fflcer completfng
llltached,
1111s <lerlffiaate veriffes only the Identity of the lndMdual who signed the and notlhe lnllllfulne&s, IICGUlllCy, or validity of1hat document.

State of Califomla )
Countyof orange . )
onseptember 251 202.3
Date
beforeme, Lianne Nahina, Notary Public
personally appeared
Here Insert Name and Title of the Officer
Blake A. Pfister
Name(s) of Sfgner(s)
who proved to me on the basis of salfsfactory evidence to be the person(f) Whose name(s ) ls/tW
sub3cribed
� llfJlllollad �
to the within instrument and acknowledged to me that he/1111110-. ..xecutec:t· the same ln . and that byhlM.,_.signalurelt) on the instrument the personl¥), or the entity _upon behalf of whlch 1he pel'IIOn(t acted,� the Instrument.

Place Notaiy Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is 11'1111 and correct.

WITNESS my hand and officlal seat.
-�rz� SigflEdure Df Nota,y Public
. Ol'flONAL------------
Though this section
fraudulent
Is optional
reattachment
, completing this Information can deter altBration d the document or DelJcriplion
of this form to an unintended document.
of Mtaohed Document
Tl1le o; Type of Document: Bond Letter Document Dafe'ilel.'tember 25,2023 � Claimed bysisner(e}
Number of Pages: 1 Slgner(s) Other Than Named Above: Nw(:..A,_,,_.,N""o...,.n,a.e _____ _ Slgner'sName: Blake A. Pfister
□ Corporate Officer -Tltle(s
)
: ___ •__ _
□Partner - CJ Limited □ General
□ Individual . • Llll Attorney In Fact
□
□
Trustee
Other:-=----c:
□
-----
�Ian or ConselVator-,--
Slanerls Representin9: rr s Spec
_
iaJty insurance Company
Signer's Name: -------
□ Corporate Officer - Title(s
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: ____ _ 0
0 Partner
Individual
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O Attorn
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ey
General
In Fact
□
□
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Is Representine:
□GuardfatJ or Con$elV8tOr______ _
©2014 National Notary Aseoclation • www.NallonalNDlary.org • 1-800-US NOTARY (1..flOD-876-6827) Item #5907 p TOKIOMARINE
\V HCC

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:

That, U.S. SPECIAL TY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office In Houston, Harris County, Texas, does by these presents make, constitute and appoint, Blake A Pfister
Its true and lawful Attorney-In-fact, with full Power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number None, Bond Letter Only
, issued in the course of its business and to bind the Company thereby, in" an amount not to exceed Six Mill Ion and 001100 Dollars ( $6,000,000.00 ). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. s.

Specialty Insurance Company:
"Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(sHn-Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terrninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1 s1
1 2011.

The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not Indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.

IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of April, 2022. #''�;:\;�1
�'.�f%;:��
State of California {/,.,, a "=
?�··� +··\�,i\ U.S. SPECIALTY I SURANCE COMPANY
County of Los Angeles SS: \�_,\: .
...... " ..... "' .. /;l By: --��...J:�Jt;��,14 ____ _ -;,�. i� Adam S. Pess1 , Senior Vice President
�,,,,,,, * ,,,\,�,,
A Notary Public or other officer completing this certificaie verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document.

On this 18� day of April, 2022, before me, Sonia o. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company1 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.

WITNESS my hand and official seal..

Signature � (seal)
, ft� so,,,,. o. o.uao
flaLlry Publ!t • Cilllfomla :

Lo'IAnae!es touocy �
CcJmmlsWln I 1l98710 f
Coinm. ExplrttApr 23, Z0'.16
I, Kio Lo, Assistant Secretary of U.S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.

Bond No.

Agency No.

None, Bond Letter Only
3074
Visit tmhcc.com/surety for more information HCCS�POAUSSIC0 4/2022
Ae,«o® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDDIYYYY)
08/21/2023
�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder In lieu of such endorsement(s}.

PRODUCER
KGIB, INC.

KNOX GENERAL INSURANCE BROKERS
226 SOUTH GLASSELL STREET
ORANGE CA 92866

INSURED
R.E. SCHULTZ CONSTRUCTION, INC
1767 N BATAVIA STREET
ORANGE CA 92865
COVERAGES CERTIFICATE NUMBER·
�f�I�C• Carol Knox, Monica Avelar or Kory Butler
tfiQ�� .. , (714) 744-3300 I ff;� No': (714) 744-6537 �DMlJ�---- [email protected], [email protected], [email protected] INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A: SCOTTSDALE INSURANCE COMPANY 41297
INSURERB: CLEAR BLUE SPECIALITY INSURANCE COMPAN 28860
JNSURERC:

INSURERD:

INSURER E:

INSURER F:

REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR ,�g}Jg'fv�\ ,�g�J'l,�\ LIMITS LTR TYPE OF INSURANCE POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 � CLAIMS-MADE � OCCUR DAMAGE TO RENTED - PREMISES IEa occurrence\ $ 100,000
MED EXP (Arw one person) $ EXCLUDED
A -
BCS2000828 08/16/2023 08/16/2024 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2,000,000 R POLICY [Zl l'r& □ LOC PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER: $
AUTOMOBILE LIABILITY &��llNGLE LIMIT
-
$ 1,000,000
X ANY AUTO - BODILY INJURY (Per person) $
OWNED SCHEDULED B AUTOS ONLY AUTOS - BW02-STR-2300180-00 06/19/2023 06/19/2024 BODILY INJURY (Per accident) $ HIRED - NON-OWNED )p�?�!
c
�J�t
�
AMAGE - $ AUTOS ONLY - AUTOS ONLY
$
UMBRELLA LIAB Xj OCCUR EACH OCCURRENCE $ 2,000,000
A X EXCESS LIAB CLAIMS-MADE XLS2002647 08/16/2023 08/16/2024 AGGREGATE $ 2,000,000 OED I I RETENTION$ Over General Liability $ &Work Comp
WORKERS COMPENSATION I �ffTuTE I I
UTHAND EMPLOYERS' LIABILITY ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A --N/A--
E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) .. FOR INFORMATIONAL PURPOSE ONLY ..

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE R.E. SCHULTZ CONSTRUCTION, INC
1767 N. BATAVIA STREET
ORANGE CA 92865-4103

THE EXPIRATION DATE THEREOF, NOTICE
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
C---<=: . _ .. _ ::,
. -.... ·;:c=c�-"•-•�- .. --_
..... ,--·-=------- -�-;?"'

WILL BE DELIVERED IN
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Bidder's Name: R.E. Schultz Construction, Inc.

CITY OF ST ANTON

SUFFICIENT FUNDS DECLARATION
(Labor Code Section 2810)

STANTON CENTRAL PARK SHADE STRUCTURE INSTALLATION PROJECT (To be executed by bidder and submitted with its bid)
Owner: City of Stanton
Contract: _________________ Project
1, Richard Schultz , declare that I am the President, Sole Officer [insert litleJ of R E, Schultz Construction Inc {the entity], the entity making and submitting the bid for the above Contract that accompanies this Declaration, and that such bid includes sufficient funds to permit R. E. Schultz Construction, Inc. {the entity] to comply with all local, State or Federal labor laws or regulations during performance of the Contract, including payment of prevailing wage, and that R E, Schultz Construction. Inc [the entity] will comply with the provisions of Labor Code Section 281 0(d) if awarded the Contract.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and executed on October 31 20-11_, at Orange {City], CA {State].

Date: 10/31/23
Print Name: Richard Schultz
Print Title: President, Sole Officer
P-20
U IC S
and Engineering
TO: All Contractors
FROM: Han Sol Yoo, Associate Engineer
DATE: October 18, 2023
SUBJECT: ADDENDUM NO. 1 to Stanton Central Park Shade Structure Installation Project
This Addendum No. 1 is being issued for the Stanton Central Park Shade Structure Installation Project.

The intent of this Addendum No. 1 is to include the following revisions. additions. and/or deletions shall hereby be made a part of the Bid Package documents.

Listed below are the questions/ inquiries received and the City's Responses:

1. Has the City already purchased the shade structure from USA Shade, or will the contractor be responsible for purchasing in connection to the above-mentioned bid?
Response: Per the Bid Package, the Contractor is responsible for purchasing the shade structure.

2. Will the City be providing surveying if needed?
Response: No

3. At the job walk, it was mentioned that there will be additional time required to provide materials for the shade structure from the manufacturing company.

Please advise additional time.

Response: Per conversation at the job walk, it was stated that turnaround time for engineering is approximately 4 weeks, and fabrication is approximately 10 weeks.

For any further information or clarification needed, please contact Han Sol Yoo, Associate Engineer, via email at [email protected] orvia phone at (714) 890-4204.

Confirmation of receipt of all addenda is part of the Bid Package. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed nonresponsive.

By:
tll;;z-"--
·
Han Sol Yoo
Associate Engineer

STANTON CENTRAL PARK SHADE STRUCTURE

INSTALLATION PROJECT
DATE: Monday, October 16, 2023
TIME: 10:00 AM.

SIGN IN SHEET
_ -� -t; 171
�;:> D,Jq:2- U?�>t-}� qL_ - ff 4 .. 1-fl-f )3
c,._'J.-:?....Cc1,1 J-f ffuc'llh
1v.ltc e:r:/;_cJ
'vver,e
M
0 �"--"'-"-'-----'--'�'L--'----L------f----"'-----+--
';,-1 R V"""\Je l Of f"',(-tY\' (i ----- \'bl '"h\ '3 I \ '-\ '\ v"'V\ i �___:__.:::_:.____,"----'--'-' e \ \ c@ l? �"-"'I F - lDf/.l1:. 1,
,
.. ,.,, ...... ,
:..; -,,J ,N R PA National Recroat1on 1 and Park Assoc,at1on Because e,eryone aesetves a gre,at part
. a\ ttecreation and Park Asso .
v.a\\Ot\ ciat io11
Let it be known that

RICHARD SCHULTZ
has met the requirements of the standards set forth by the National Certification Board
and is hereby granted certification as a
m
�w��

CHAIRPERSON
.=-
NAPA
�
J>RESIOENT MIO cm
Certified
Playground
Safety Inspector
April 19, 2021
DATE CERTTl'IED
51153-0524
CERllflCATIOtl tlUMBEA
May 01, 2024
EXPIAAHOtl DATE

CERTIFICATE OF ACHIEVEMENT
Awarded to:

Rick Schultz
Has completed the

RECREATION INSTALLATION SPECIALIST

CERTIFICATION COURSE
This certificate of achievement is valid for the above individual who has successfully passed the required training as set by the National Playground Contractors Association, Inc.

Ra-creation Installation Specialist

CERTIFICATION
2022-1272 12/31/2024
Certificate Number Expiration Date
�NPCAI NATIONAL PLAYGROUND CONTRACTORS ASSOCIATION INC. ��, 12/31/2021
/ --------
Edward Miller, Jr., NPCAI Chairman Issue Date
� !:!_�f!l�I��-

CONTRACTORS STATE LICENSE BOARD
OContractor's License Detail for License # 1007195
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. ► CSLB complaint disclosure is restricted by law(� IJMJ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click her<!_ for a definition of disclosable actions. , Only construction related civil jud&ments reported to CSLB are disclosed (!)j,P 7071..Jl). t 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 boord's license database.

This license is current and active.

All information below should be reviewed.
► A-GENERAL ENGINEERING
► C-61 / Q34 - PREFABRICATED EQUIPMENT
► C-61�12 -SYNTHETIC PRODUCTS
Data current as of 10/31/2023 8:11:06 AM
Business Information

RE SCHULTZ CONSTRUCTION INC
1767 N BATAVIA STREET
ORANGE, CA 92865
Business Phone Numbcr:(714) 649-2627
Entity Corporation
Issue Date 09/10/2015
Expire Date 09/30/2025
License Status
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMEl3,l�N CONTRACTO�INDEMNITY.J;_OMPANY.

Bond Number: 100320462
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond Histo_!Y
Bond of Qualifying Individual
► This license filed Bond of Qualifying Individual number 100731718 for CHRIS LEE THOMAS in the amount of $25,000 with 1.�ERIC!,� CONTRACTORS INDEMNITY COMPANY.

Effective Date: 03/07/2023
�_QJ_'��O_!)_Q_!:l_i_s!Q.!y
► The qualifying individual RICHARD EARL SCHULTZ 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: 06/24/2016
B�O_!).Q_!:l_i_s!_O!Y,
Workers' Compensation
This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD506512001
Effective Date: 04/14/2022
Expire Date: 04/14/2024
�o_!kers' c;_�nsati_Qn Hist_Q!Y
Other
► Personnel listed on this license (current or disassociated) are listed on other licenses. ack to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification :opyright © 2023 State of California
10/31/23, 8:12 AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 1Contractor Information
Legal Entity Name
R.E. SCHULTZ CONSTRUCTION, INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000033385
Registration effective date
7/1/2022
Registration expiration date
6/30/2024
Mailing Address
1767 N. BATAVIA ST. ORANGE 92865 CA United ...

Physical Address
1767 N. BATAVIA ST. ORANGE 92865 CA United ...

Email Address
Trade Name/ DBA
R.E. SCHULTZ CONSTRUCTION, INC
License Number(s)
CSLB:1007195
CSLB:755160
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Richard Schultz
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name:

Richard Schultz
Agent of Service Mailing Address:
1767 N Batavia St Orange 92865 CA United States of America Workers Compensation
Do you lease employees No
through Professional
https:/fcadlr.my.salesforce-.sltes.com/ContractorSearch/PrintRegDetails Registration History
Effective Date Expiration Date
- w---- ·,---
5/25/2018 I 6/3�
/201f
5/17/2017 ::::::J 5/3/2016
12/29/2015 6/30/201�
....... J
7/1/2019 6/
30/202�
, "' . ·---� .. - -
7/1/2021 6/30/202•
7/1/2022 6/30/202
1/2
10/31/23, 8:12AM
, Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO
PEO InformationName
Insured by Carrier
PEO
Phone
cadir.rny.salesforce-sites.com/ContractorSearch/PrintRegDetails PEO
Email
Policy Holder Name:R E SCHULTZ CONSTRUCTION, INC.Insurance Carrier:

Insurace Company Of The WestPolicy Number:WSD5065120-00Inception date:4/14/2022 Expiration Date:4/14/2023
https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 R.E. Schultz Construction
Injury and Illness Prevention Program
[High Hazard]
Prepared by:

R.E. Schultz Construction
in association with:

U.S. Compliance Systems, Inc.

Disclaimer: This Safety Program has been prepared
exclusively for:

R. E. Schultz Construction
P.O. Box6
Silverado, CA 92676
To the best of our knowledge, the information contained herein is accurate. U.S. Compliance Systems, Inc.
accepts no responsibility for erro,s or omissions.

R.E. Schultz Construction

POLICY STATEMENT
We have developed a comprehensive IIIP Program that addresses our specific safety concerns and provides guidance for the performance of our individual job tasks within the framework of appropriate Cal/OSHA standards.

This IIP Program contains the eight essential elements identified in Title 8 of the California Code of Regulations. Section 3203.

These elements are:

1. Responsibility

2. Compliance

3. Communication

4. Hazard Assessment

5. Accident/Exposure Investigation

6. Hazard Correction

7. Training and Instruction

8. Recordkeeping
Safety takes a commitment from all personnel within our organization.

Training will be interactive with an opportunity for all to actively participate, ask questions, make suggestions, and refer to our written policies and procedures.

It is our policy to provide a work environment that is inherently safe. The safety and health of our employees is of primary importance as they are our most important resource.

Safety training needs will be identified by continual reassessment of our work methods, equipment and job sites as well as employee and management input. Observation of unsafe acts will be addressed immediately.

Safety requires not only that employees understand and perform individual tasks in a safe manner, but also that they are aware of their surroundings and are actively involved in the safety of others. Employees are encouraged to contact their Supervisor should a safety or health risk exist so that corrective action may be taken immediately.

This Policy Statement will be conspicuously posted.

Safety Director
R.E. Schultz Construction
Safety Program Overview
We have developed a comprehensive IIIP Program that addresses our specific safety concerns and provides guidance for the performance of our individual job tasks within the framework of appropriate Cal/OSHA standards.

Safety demands a commitment from all personnel within our organization.

As a contractor, we have an obligation to ensure that all our employees within our area of responsibility are afforded the protection of an appropriate IIP Program.

This program contains policies and procedures to deal with common workplace hazards, specific job related hazards, and potential hazards that may arise.

Hazard assessment, project pre-planning, and engineering controls, where feasible, will be the preferred method of providing a safe workplace.

Hazards that remain will be minimized or eliminated through training which provides our employees the ability to recognize workplace hazards and understand the proper procedural and/or personal protective equipment requirements.

Each employee is encouraged to contact their supervisor immediately should a safety or health risk exist so that corrective action may be taken to eliminate the hazard entirely or deal with the hazard in a safe manner through modified work procedures, PPE, and/or other appropriate action.

On all job sites, at least one person will be designated a "competent person" by virtue of experience or training. This person will have the ability to identify work related hazards, know the corrective procedures, and have the responsibility, ability and authority to impose prompt corrective measures to eliminate these hazards.

The Safety Director or a designated competent person will make routine and random job site inspections to both identify new hazards and to monitor the effectiveness of our IIP Program.

In the final analysis, the success of our safety effort depends on all employees from senior management to the newest hire demonstrating a commitment to safety by working in a safe manner. Safe job performance is how our safety effort is ultimately measured.

I R.E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use.

For ease of use, this safety program has been divided into four broad categories. These are:

SECTION I
General safety policies and procedures.

SECTION II
Job Specific - Equipment Specific Safety Procedures.

SECTION Ill
Specific compliance programs with appropriate forms.

APPENDIX A - TRAINING
Training documentation.

Additionally, there is a Project Manual with Job Site Forms.

This manual highlights important concepts and is designed to be kept on individual job sites with the job site forms.
2 R.E. Schultz Construction
© 2012 U.S. Compliance Systeim, Inc. (888) 475-5353. Permission is granted to copy fbr internal use.

SECTION I

GENERAL SAFETY POLICIES AND PROCEDURES
R.E. Schultz Construction SECTION!
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for intema1 use.

R.E. Schultz Construction

SAFETY PROGRAM

SECTION I

GENERAL SAFETY POLICIES AND PROCEDURES
INDEX

PAGE TOPIC
1 CODE OF SAFE PRACTICES
1 ACCIDENT/INJURY PREVENTION
2 HP PROGRAM ADMINISTRATOR
2 TRAINING
3 HAZARD ASSESSMENT
3 EMPLOYEE EVALUATION
4 EMPLOYEE INVOLVEMENT
4 HOUSEKEEPING
5 EMERGENCY ACTION PLAN
8 EMERGENCY RESCUE/MEDICAL DUTIES
8 FIRE PREVENTION PLAN
9 PORTABLE FIRE EXTINGUISHERS
10 FIRE PROTECTION
10 FIRST AID & FIRST AID KITS
15 JOB HAZARD ANALYSIS
16 HAZARD IDENTIFICATION & RISK ASSESSMENT
21 SANITATION
23 MANUAL LIFTING PROCEDURES
26 SLIPS. TRIPS & FALLS
26 DRUGS AND ALCOHOL
27 SMOKING
27 INCIDENT INVESTIGATION AND REPORTING
30 POSTINGS
31 RECORDKEEPING: INJURIES & ILLNESSES
33 SAFETY MEETINGS
33 ACCESS TO EMPLOYEE MEDICAL RECORDS & EXPOSURE RECORDS 36 ENFORCEMENT
37 SCHEDULE OF ENFORCEMENT ACTIONS
Standards:

Division of Occupational Safety and Health - Title 8 regulations California Recordkeeping Standard. Section 14300.

R.E. Schullz Construction
@ 2012 U.S. Compliance Syslems, Inc. (888) 475-5353. Permission is granted to copy for internal use.

SECTION I

GENERAL SAFETY POLICIES AND PROCEDURES

CODE OF SAFE PRACTICES
Below are core safety rules that apply in all situations:

1. Never do anything that is unsafe for any reason. If an unsafe condition is found, report it to your supervisor.

2. Do not remove or disable any safety device. Keep all guards in place at all time on operating machinery, equipment, and power tools.

3. Do not perform any work task unless trained prior to initial assignment.

4. Never operate a piece of equipment unless trained and authorized.

5. Use your personal protective equipment whenever it is required.

6. Obey all safety warning signs.

7. Working under the influence of alcohol or illegal drugs or using them at work is prohibited.

8. Do not bring firearms or explosives on to company property or on to any job site.

9. Horseplay, running, and fighting is prohibited.

10. Clean up spills immediately.

11. Replace all tools and supplies after use.

12. Do not allow debris to accumulate. Practice good housekeeping.

13. Walk-around safety inspections will be conducted at the beginning of each job and at least weekly thereafter.

Copies of our Code of Safe Practices will be posted on job sites.

ACCIDENT/INJURY PREVENTION
Our safety program is designed so that our employees do not work in conditions that are unsanitary, hazardous, or dangerous to their health or safety.

One lax moment in terms of safety may result in a lifetime of needless pain and suffering. Disregarding safety standards may even be fatal. While an accident may happen in an instant, the consequences may last for years.

Accident prevention requires a commitment from all personnel within our company to actively participate in our safety program. All personnel should be aware of job site hazards and follow procedures to eliminate these hazards by proper work methods, use of personal protective equipment, J R.E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc, (888) 475-5353. Permission is granted to copy for intemaJ use. and proper use of tools and equipment. All persons are encouraged to ask questions and make positive suggestions for safety improvement.

Competent persons will be designated to provide job site expertise as well as regular inspections of equipment, materials, and procedures.

Competent persons will have the authority to stop work if a safety hazard is identified and it cannot be corrected immediately.

All machinery, tools, materials and equipment deemed unsafe will be taken out of service by physically removing, tagging, or locking controls to render them inoperable.

Only persons qualified by training or experience will be allowed to operate equipment or machinery.
• All tools and items of equipment will be used for the purpose for which they were designed. For example, a wrench is not a hammer; a ladder is not a horizontal plank; a fire extinguisher is not a cooler!
Never take chances or attempt any job without being aware of the proper procedures, the potential safety hazards, and the methods to reduce or eliminate risk.

HP PROGRAM ADMINISTRATOR
Our Safety Director will administer this Injury and Illness Prevention Program and has overall responsibility for the implementation of this program. The safety director will ensure each employee has appropriate safety training for the tasks to be performed.

Additionally, duties of this position include:
a. the actual training of personnel.
b. maintenance of training records.
c. random inspections to verify adherence to safety rules and policies. d. completion of specific tasks identified within our Cal/OSHA compliance programs found in Section Ill of this safety program.

Our IIP Program Administrator is:

The duties of this position may be delegated to other personnel who are competent persons by virtue of training or experience.

The responsibilities of this position may not be further delegated.

TRAINING
All employees, prior to assignment to perform any work, will demonstrate to the Safety Director, or other competent person, the ability to perform the tasks safely. Additionally, all employees will be provided employee 2 R.E. Schultz Construction
© 2012 U.S. Compliance Systems, [nc. (888) 475•5353. Permission is granted to copy for internal use, handbooks and indicate with their signature that they understand our general safety and health work practices.

To the extent possible, training will be interactive, and will include, as appropriate, formal instruction, scheduled safety meetings, on-line training, on-the job training, and written instructions. Safety information will also be posted on our job site bulletin board. All personnel will have ready access to our safety program as well as employee handbooks.

All training will be documented using our Training Certification Form and our Retraining Certification Form. These records will be maintained by the Safety Director and include the employee's name, date of training, types of training, and the name of the competent training provider.

HAZARD ASSESSMENT
Prior to work on any project, as well as the introduction of new substances, procedures or processes, a hazard assessment will be made by the Safety Director, or authorized representative, to identify and evaluate these possible workplace hazards. Employees will be informed, before performing work, of any special precautions or changes in procedures that must be taken to negate these hazards.

Daily job site inspections will be conducted using our job site inspections forms to identify not only lack of safety compliance, but the introduction of new safety hazards that must be addressed. Copies of these job site inspection forms will be maintained in the Safety Director's office.

Additionally, the Safety Director or a designated competent person will make routine and random job site inspections to both identify new hazards and to monitor the effectiveness of our safety & health program.

While all hazards identified by inspection (or other means) will be corrected in the order of their severity [the most serious corrected first], all hazards will be eliminated before work proceeds.

EMPLOYEE EVALUATION
Our safety program establishes policies and procedures for our employees to enable them to work in a safe manner. Our goal is to provide a workplace that is free from recognized hazards and have a workforce that is capable of performing their individual job tasks safely.

The primary tool used to evaluate employee safety performance is regular and frequent - documented -job site inspections using our job site checklists as a guide.

The second tool is our regularly scheduled - documented - safety meetings which, by design, are interactive allowing the instructor to ask and answer 3 R. E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc. (888) 475w5353, Permission is granted to copy for internal use. ...... L._ .
questions and get a solid feel for employee interest and knowledge of the safety topic being discussed.

The third tool is our enforcement program. Not only are all lapses of safety compliance documented on our job site checklists, they are also documented on our enforcement forms.

EMPLOYEE INVOLVEMENT
All employees are encouraged to participate actively in our safety & health program. Do not hesitate to point out perceived safety deficiencies to your supervisor or the competent person -- you may prevent an injury to yourself or a fellow worker. With the goal of providing a safer worksite for all of us, employee suggestions for improving safety management are welcomed and encouraged. Never perform any task on which you are not confident in your understanding of the safety procedures. If in doubt, ask your immediate supervisor for guidance.

It is expected that all employees will abide by our safety rules and guidelines [as well as applicable local, state, and federal standards] not only to protect themselves, but also to protect their fellow workers from harm. Should a safety violation occur, the violation will be documented by the employees immediate supervisor and the provisions of our enforcement program will be implemented.

Employees are reminded that they are encouraged, without fear of reprisal, to anonymously report safety hazards or concerns. This may be done by telephone to the Safety Director or by leaving a sealed envelope containing the concern on the Safety Director's desk.

HOUSEKEEPING
Employees are to maintain a neat and orderly work area as far as practical.

Housekeeping and general cleanliness have a direct effect on safety and health. Proper housekeeping can prevent slips and falls, allow easy egress in the event of an emergency, prevent falling object injuries, and enhance fire safety. Below listed are general housekeeping rules:
a. walking/working surfaces shall be kept clean and dry. b. do not allow construction debris to accumulate.
c. stored materials will be neatly stacked at the job site. d. containers, when not in use, will be sealed.
e. no objects will be left unattended on stairways.
f. entrances and exits will be properly marked and not blocked. g. tools shall be properly cleaned and put away after use. 4 R.E. Schultz Construction
© 2012 U.S. Compliance System.s, 1nc. (888) 475�5353. Permission is granted to copy for internal use.

EMERGENCY ACTION PLAN
Note: When working at another contractor's facility, our company would fall under the provisions of their emergency action plan and a copy of their plan would be posted at our job site.

Events may occur which dictate the evacuation of the facility such as fire, severe inclement weather, power failure, etc.. Additionally events may occur which dictate the need for emergency medical responders. These sets of events fall under our Emergency Action Plan and a multitude of objectives must be met.

The first and foremost objective is the safety of all our personnel. To achieve this level of safety, our plan is designed to get personnel away from danger, treat injury, and provide for a thorough and accurate accounting of all employees.

There may well be situations where certain employees, trained in first aid and/or fire fighting procedures, may prevent a small emergency situation from becoming a major disaster. In these types of situations, these employees, identified in this plan, will remain on the job site to perform the function for which they are trained provided they may perform these duties, in their judgment, in a safe manner. At no time will any employee put himself/herself at risk.

All personnel will receive training on our emergency action plan during initial safety training as well as when our plan changes or the employee's responsibilities change.

A copy of this plan will be posted at the job site and, like all safety materials, is readily available for review. Because all personnel have received training in this plan and because it is posted on the job site, it will not be communicated orally regardless of the number of employee present.

If appropriate, on a job site, this emergency action plan will posted with our emergency escape route diagram and emergency telephone numbers.

When working at a client's facility, our personnel will fall under the provisions of their emergency action plan.

All exits will be identified with a sign having the word "EXIT" plainly legible.

Exit signs will be suitably illuminated. Doors, passageways, stairs, etc., which appear to be an exit but are not shall be identified by a sign that reads, for example: "Not an Exit''.

Aisles and passageways shall be kept clear to provide a direct, easy egress from our facility.

It is important that the actual implementation of this plan be simple, direct, and carried out without confusion. Each employee must know how to alert 5 R.E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for internal use. others, how to call for assistance, the location of fire extinguishers, the escape route, the rendezvous point (being accounted for so that others do not put themselves at risk looking for a person who has already reached safety), and specific tasks that may be required of specific personnel during emergency procedures.

Additionally, any employee who needs or wants more information on our Emergency Action Plan or their specific duties may contact the below person:

Program Administrator:

Phone Number: 714-649-2626
The following are standard operating procedures:

CALLING FOR EMERGENCY MEDICAL RESPONSE:

Should an injury occur that requires an emergency medical responder, the below listed actions will be taken in order given:

1. Call the emergency response number posted adjacent to this plan.

2. Call the Administrative Office at: -------
a. Help will immediately be sent and a person will be designated to direct the emergency responders to the injured person.
b. If appropriate, Material Safety Data Sheets will be provided the emergency responders.

3. Provide any medical assistance you are trained and certified to do.

Do not provide any medical assistance you are not trained to do.

4. The communication system to be used to ensure proper equipment for transportation of the injured person to a physician or hospital is calling on a cell phone posted emergency phone numbers.

5. If an employee must go to a medical facility for treatment, a member of management will accompany him/her.

ASSIGNED FIRST AID PROVIDERS:

NAME
[Note: If none, enter "None".]
REPORTING A FIRE OR OTHER EMERGENCY:

The phone number of the local fire department shall be posted with other emergency numbers.
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© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use.

If a fire should occur, all personnel and the local fire department will be notified. As in all emergency situations, per the American Trauma Society, people calling the fire department should:
a. Remain calm.
b. Speak clearly and slowly.
c. Give the exact location.
d. Describe the situation.
e. Give the phone number from where you are calling.
f. Do not hang up until told to do so.

FACILITY EVACUATION PLAN:
(FIRE/EXPLOSION/SEVERE WEATHER/MECHANICAL FAILURE, ETC.) THE ORDER TO EVACUATE IS GIVEN BY:
(Example: Fire Bell; Three (3) Blasts of an Air Hom; Public Announcement, etc.) (Note: A distinctive signal will be identified for each type of emergency notification) TO ALERT OTHERS:
(Example: Activate alarm; notify main office, Ext No:, etc.) LOCATION OF FIRE EXTINGUISHERS, NEAREST LISTED FIRST:
(Type) (Location)
(Type) (Location)
(Type) (Location)
RENDEZVOUS POINT:
(Example: Parking lot; by dumpster, etc.)
SPECIFIC HAZARDS TO BE AWARE OF:
(Example: List nearby hazardous chemicals. If none, enter "none") EVACUATION ROUTE:

Map or schematic drawing of route will be posted.
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© 2012 U.S. Compliance Systems, Jnc. (888) 475a5353. Pennission is granted to copy for internal use.

NAME

ROSTER OF PERSONNEL WITH SPECIFIC

DUTIES DURING AN EVACUATION

TITLE DUTIES
NOTE: Examples of specific duties: Deenergizing certain equipment or machinery; accounting for personnel at rendezvous point; manning fire extinguishers; directing emergency responders; on alert for First Aid delivery; rescue team member; etc. If none, enter: "None".

EMERGENCY RESCUE/MEDICAL DUTIES
Our employees are not to perform emergency rescue or emergency medical duties. These duties will be performed by personnel with expertise in these areas.

TRAINING:

Training and/or review of our emergency action plan will be accomplished upon initial assignment to a job, when an employee's responsibilities under the plan change, and when the plan, itself, is changed.

Additionally, certain persons will be given additional training in the safe and orderly evacuations of other employees. These persons will be essentially "competent persons" as their duties relate to the emergency action plan.

All employees must know how to safely get away from danger and to be properly accounted for.

FIRE PREVENTION PLAN
Fire Prevention deals not with handling a fire emergency, but rather preventing a fire in the first place.

To reduce the likelihood of a fire, personnel are to adhere to the following rules:

1. Smoking is allowed only in designated areas and smoking materials will be totally extinguished and placed in the appropriate receptacles.

2. All chemical products will be handled and stored in accordance with the procedures noted on their individual MSDS.

3. Heat producing equipment will be properly maintained and operated per the manufacturer's instructions to prevent accidental ignition of combustible materials.
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© 2012 U.S. Compliance Systems, Inc. {888) 475�5353. Pennission is granted to copy for internal use.

4. Precautions will be taken when working with an open flame (such as welding) and those areas will be made fire safe by removing or protecting combustibles from ignition.

5. Combustible liquids must be stored in approved containers.

6. Chemical spills must be cleaned up immediately. This is particularly • important for combustible and reactive liquids. Damaged chemical containers and cleanup materials must be properly disposed. [Note: Exercise care! lnfonnation on appropriate personal protective equipment; proper disposal; proper cleanup procedures; required ventilation, etc. iS round on the product's MSDS.J

7. Combustible liquids and trash must be segregated and kept from ignition sources.

8. Keep clear access to fire hydrants as well as portable fire extinguishers.

9. Personnel will be notified by their Supervisor or the competent person of any unusual fire hazard conditions existing on a job site.

10. Good housekeeping, good housekeeping!

PORTABLE FIRE EXTINGUISHERS
All personnel will receive instruction on portable fire extinguishers to include general principles of use, the hazards involved in the incipient state of fire fighting, inspection, maintenance, and location. This training will be given prior to initial job assignment and, at least, annually thereafter. a. Fire extinguishers will be visually inspected monthly for general condition and adequate charge. They will be serviced and certified by qualified personnel at least annually.
b. Portable fire extinguisher locations will be clearly identified and easily accessible.

Portable fire extinguishers will be distributed as indicated below:

CLASS DISTRIBUTION NOTES
A 75 feet or less travel distance Use on wood, paper, trash. "A" between the employee and
on a green triangle the extinguisher
B 50 feet or less travel distance
"B" between hazard area and the
on a red square employee
C Based on the appropriate pat-
''C" tern for the existing Class A or
on a blue circle Class B hazards
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Use on flammable liquid, gas.

Use on electrical fires.
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use.

D 75 feet or less travel distance Use on combustible metals. "D" between the combustible metal
on a yellow star working area and the extinguisher
or other containers of Class D
extinguishing agent.

Appropriate portable fire extinguishers will be used, as noted above.

Supervisors will ensure that at least one extinguisher is on each floor of a project near the stairway.

Using the wrong fire extinguisher on some fires can actually spread the fire.

Using a Type A extinguisher on an electrical fire, for example, could cause serious injury. When a fire occurs, it is imperative to use the proper extinguisher.

FIRE PROTECTION
The phone number of the local fire department shall be posted with other emergency numbers.

FIRST AID & FIRST AID KITS
Should a medical emergency occur, other than minor scrapes and bruises, and it is serious enough to call for professional medical assistance, the job site supervisor will ensure the Emergency Response Numbers [physicians/ hospital/ambulance] are posted on the job site bulletin board and ensure the injured employee is safely and promptly, transported to professional medical care. The office will be notified as soon as the medical crises is resolved. The job site supervisor will ensure that in areas where 911 is not available, the telephone numbers of physicians, hospitals, or ambulances are conspicuously posted.

Before the first aid providers arrive, to the extent possible, clear the way so they can reach the injured employee in the most direct way possible.

IO R.E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc. (888) 475�5353. Permission is granted to copy for internal use.

If our employees are working at a location that is more than 3 or 4 minutes from medical assistance, we will utilized designated first aid providers who are trained and licensed in CPR/first aid and have completed training as required by our bloodborne pathogen program. A Red Cross trained first aid provider will be on all job sites. Other employees will not expose themselves to blood or other bodily fluids of other employees at any time.

Per California Standard Section 14300. 7 (b)(5)(B), first aid is limited to:

1. Using a nonprescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);

2. Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);

3. Cleaning, flushing or soaking wounds on the surface of the skin;

4. Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc. are considered medical treatment);

5. Using hot or cold therapy;

6. Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);

7. Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, backboards, etc.);

8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;

9. Using eye patches;

10. Removing foreign bodies from the eye using only irrigation or a cotton swab;

11. Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;

12. Using finger guards;

13. Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or

14. Drinking fluids for relief of heat stress.
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© 2012 U.S. Compliance Systems, Inc. (888) 475•5353. Pennission is granted to copy for internal use.

If an employee is injured and emergency responders have been called, stay calm and reassure the injured employee that help is coming.

Below is basic first aid for various common job site injuries. Mostly, it is what !!2l to do.

MINOR BURNS
(Redness or blisters over a small area)
Flush with cold water; apply a sterile dressing.

Do not use butter on any burn.

Do not break open blisters.

MAJOR BURNS
(White or charred skin; blisters and redness over a
large area; burns on face, hands, or genital area)
Cover with sterile dressing and seek medical attention promptly.

Do not apply salves, ointments or anything else.

Do not break blisters.

CHEMICAL BURNS
(Spilled liquid or dry chemical on skin)
Liquid - Flush with large amounts of water immediately
(keep water flow gentle).

Dry - Brush as much off as possible before flushing with water.

After flushing at least 5 minutes, cover with sterile dressing.

Seek medical attention promptly.

Do not use anything but water on burned area.

Do not break open blisters.

EYE - FOREIGN OBJECT
(Object visible; feeling of something in the eye)
Have patient pull upper eyelid over lower eyelid.

Run plain water over eye.

If object does not wash out, cover both eyes with a gauze dressing.

Seek medical attention promptly.

Do not rub the eye.
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© 2012 U.S. Complhmce Systems, Jnc. (888) 475-5353. Pennission is granted to copy for internal use.

EYE-WOUNDS
(Wound on eyelid or eyeball; pain;
history of blow to eye area; discoloration)
Apply loose sterile dressing over both eyes.

Seek medical help immediately.

For bruising, cold compress or ice pack may relieve pain and reduce swelling.

Do not try to remove any embedded object.

Do not apply pressure to eye.

EYE - CHEMICAL BURN
(Chemical splashed or spilled in eye)
Flush immediately with water over open eye for at least 1 O minutes (20 minutes if alkali). It may be necessary to hold patient's eyelid open.

NOTE: In work situations where a possibility of eye (or body) exposure to corrosive materials exists, suitable facilities for quick-drenching or flushing will be provided in the immediate work area.

Cover both eyes with sterile dressing.

Seek medical help immediately.

Do not put anything but water in eye.

HEAT EXHAUSTION
(Fatigue; weakness; profuse sweating; normal temperature; pale clammy skin; headache; cramps; vomiting; fainting) Remove from hot area.

Have victim lay down and raise feet.

Apply cool wet cloths.

Loosen or remove clothing.

Allow small sips of water if victim is not vomiting.

HEATSTROKE
(Dizziness; nausea; severe headache; hot dry skin;
confusion; collapse; delirium; coma and death)
Call for immediate medical assistance.

Remove victim from hot area.

Remove clothing.

Have victim lay down.

Cool the body (shower, cool wet cloths)
Do not give stimulants.
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© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for internal use.

When dealing with any injury, stay calm and never do anything unless you know what you are doing.

First Aid Kits:

The first aid kit containers will be weather proof. Their contents will be checked before being sent to a job site and at least weekly thereafter by the job site assigned first aid provider.

First aid kits are worthless if not readily accessible. Therefore, they will not be locked up on job sites. They will be kept with the job site assigned first aid provider.

First aid kits will be replenished as items are used. Sterile items will be individually wrapped and sealed and used only once. Other items such as tape or scissors can be reused and should be kept clean. In the absence of plentiful amounts of clean water, eye flush will be available.

The number of first aid kits to be found on the job site should be:

Number of Persons Assigned to Job Site
1 - 5
6 - 15
16-30
Minimum First Aid Supplies
1 O Package Kit
16 Package Kit
24 Package Kit
Basic minimum contents of a first aid, which will be checked by the job site supervisor before being sent out to a job and at least weekly, are individually sealed:
1 ea Absorbent compress, 32 sq. in.
16 ea Adhesive bandages, 1" X 3"
1 ea Adhesive tape, 5 yds.
10 ea Antiseptic, 0.14 fl. oz.
6 ea Burn treatment, 0.14 fl. oz.
2 pr Medical exam gloves
4 ea Sterile pads, 3" X 3"
1 ea Triangular bandage, 40" X 40 " X 56"
Depending on the job site, first aid supplies will generally include: adhesive bandages, bandage compresses, scissors and tweezers, triangular bandages, antiseptic soap or pads, eye dressing, and other items that a consulting physician may recommend. The main purpose of a bandage, the most commonly used item in a first aid kit, is not really to stop the bleeding, but to keep the wound clean.

The three most important things dealing with first aid kits are:

1. They must be readily accessible.

2. They must be appropriate for the job site work involved.

3. Personnel must know how to use the contents of the first aid kits. 14 R.E. Schultz Construction
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for internal use, Individual items within the kit that must be sterile must be wrapped and sealed until their one-time use. Other items such as tape or scissors can be reused and should be kept clean.

The supplies consumed in first aid kits can actually be used as a safety tool. For example, if a kit constantly needs replacement of bandages which have been used for minor cuts, there is an obvious problem that the cuts are happening in the first place. Actual trends can be established and corrective procedures initiated such as protective gloves or handling practices.

Improper medical treatment can be more dangerous than no treatment at all.

JOB HAZARD ANALYSIS
OSHA Booklet 3071 Job Hazard Analysis
All employees will read the above OSHA Booklet 3071, Job Hazard Analysis and use the information contained therein to complete our Job Task Safety Analysis Forms which are located with our job site forms within our project manuals.

Using the above referenced booklet and other training materials, employees will be trained in the hazard identification process.

The formal process to identify potential hazards is as follows:

1. A Certificate of Workplace Hazard Assessment will be prepared, signed and dated, by the PPE Program Administrator, indicating that a hazard assessment of our job sites and methods of operations has been accomplished. This hazard assessment will focus on the need for PPE which can not be eliminated through engineering or administrative controls.

2. Because they have insight to the hazards involved, employees who actually perform job tasks will be included in job hazard analysis. 3 A review will be made of previous accidents and injuries as well as "near-misses" to determine if existing hazard controls are adequate or need improvement.

4. In discussion with employees, ideas to eliminate hazards will be discussed and formalized for inclusion on our job task safety analysis form which follows this page.

5. Hazards associated with various tasks will be ranked and prioritized with the jobs that possess hazards that present unacceptable risks, based on those most likely to occur and with the most severe consequences identified for first priority for analysis. 15 R.E. Schultz Construction
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6. The job task safety analysis form will be completed for each task and, as a matter of course, hazard identification will be performed on all job tasks, both routine and non-routine, before actual work is performed. Hazard identification would be prepared for new processes, changes in operation, products or services, as applicable.

Through frequent and routine job site inspection, review of incidents [or lack thereof], and employee feedback, the above will insure that the identified hazards are mitigated. Should problems occur or a potential risk/hazard be discovered, work will stop until the job task hazard analysis form is adjusted to correct any deficiencies found.

The above review process will take place on all job tasks to ensure that new hazards were not created while eliminated others.

HAZARD IDENTIFICATION & RISK ASSESSMENT
Prior to work any on job, a hazard assessment will be made by the Safety Director or a designated competent person to determine potential hazards associated with the work to be done and the proper administrative controls, engineering controls, or PPE selection to negate the hazards.

Supervisors will conduct frequent and regular job site inspections using our job site checklists. Additionally, supervisors will be on alert for safety violations observed in the normal course of their work.

Safety violations will be documented following the enforcement procedures noted below. [See Enforcement.]
If all employees followed established Cal/OSHA compliance procedures to accomplish their job tasks, the probability of an accident would be minimal and, should an accident/incident occur, the probability of severity would be minimal.

For example, if an employee were working above six feet from a lower level and had had training in fall protection including a) the need to know where fall protection is required b) selection of fall protection systems which are appropriate for given situations, c) construction and installation of safety systems, d) supervision and inspection of employees, e) implementation of safe work procedures (including, for example, area clear of debris, dry, firm walking/working surface, etc.), and, f) training in selection, use, and maintenance of fall protection systems the probability of falling is minimal and if a fall started to occur, the guard rail system or the personal fall protection equipment would prevent contact with the lower level and the possibility of injury.

In spite of the above, a formal hazard identification and risk assessment process is in place to identify potential hazards. We will use area specific 16 R.E. Schultz Construction
© 2012 U.S. Compliance Systems. Inc, (888) 475�53S3. Permission is granted to copy for intemaJ use. analysis/inspections utilizing JSA's and JHA's which are valid only if all employees are actively involved in the process.

All employees must be actively involved in our formal hazardous identification process. All hazards identified will be reviewed by all employees concerned.

The hazard identification process will be used for routine and non-routine activities as well as new processes, changes in operation, products, or services as applicable.

Hazards will be classified and ranked based on severity of possible injury and probability that an accident will occur.

Our procedures are as follows:

The supervisor, working with employees who actually perform a task will use a worksheet for that task listing all components of the task. Working together, they will list all things that could go wrong resulting in an accident.

Finally, specific steps will be developed to eliminate the probability of an accident. These steps will be transferred to our task analysis form which will be kept on the job site. An example is below:
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© 20l2 U.S. Compliance Systems, Inc. (888} 475•5353. Permission is granted to copy for internal use.

Sample Individual Task Worksheet
Task:: Accessing a roof using a fixed Ladder
JobSte11s

1. Getting ladder

2. Setting ladder against wall

3. Climbing ladder

4. Accessing roof

5. Reverse Process
Severity Class:
1 = Catastrophic
2 = Critical
3 = Marginal
4 = Negligible
Hazards

1. Hurt back lifting ladder

2. Defective ladder breaks

3. Ladder sinks into ground

4. Ladder falls over

5. Employee falls off ladder.

6. Hurting back
Death or long term hospitalization.

Requires short term hospitalization
Clinic outpatient treatment
First aid at job site and keep working
Probability of an Accident
1 = Frequent
2 = Likely
3 = Occasional
4 = Seldom
5 = Unlikely
See Sample Form Below:
18 R.E. Schultz Construction
© 2012 U.S. Compliance Systom,, Inc. (888) 475-5353. Permission is granted to copy for internal""'· From Category Determination Matrix: LOW RISK
Controls
1 .. Use proper lifting techniques

2. Inspect ladder before use

3. Set ladder on firm, solid, level foundation

4. Tie-off ladder, extend 3' above roof edge,
ensure proper angle

5. use 3-point climbing technique

6. Use nroper llftlna techniques
Section I
19 R. E. Schultz Construction
©'2012 U.S. Complianoe Systems, Inc. (888) 475-5353. Pennission � granted to eopy for internal use. "" ·--�--·--·-·----------------------
Section I
The below is extracted from Appendix 1 to OSHA 3071 Job Hazard Analysis, Hazard Control Measures
The order of precedence and effectiveness of hazard control is as follows:

1. Engineering controls.

2. Administrative controls.

3. Personal protective equipment.

Engineering controls include the following:

Elimination/minimization of the hazard - Designing the facility, equipment, or process to remove the hazard, or substituting processes, equipment, materials, or other factors to lessen the hazard;
Enclosure of the hazard using enclosed cabs, enclosures for noisy equipment, or other means;
Isolation of the hazard with interlocks, machine guards, blast shields, welding curtains, or other means; and
Removal or redirection of the hazard such as with local and exhaust ventilation.

Administrative controls include the following:

Written operating procedures, work permits, and safe work practices; Exposure time limitations (used most commonly to control temperature extremes and ergonomic hazards);
Monitoring the use of highly hazardous materials;
Alarms, signs, and warnings;
Buddy system; and
Training.

Personal Protective Equipment - such as respirators, hearing protection, protective clothing, safety glasses, and hardhats - is acceptable as a control method in the following circumstances:

When engineering controls are not feasible or do not totally eliminate the hazard;
While engineering controls are being developed;
When safe work practices do not provide sufficient additional protection; and
During emergencies when engineering controls may not be feasible. 20 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use.

Use of one hazard control method over another higher in the control precedence may be appropriate for providing interim protection until the hazard is abated permanently. In reality, if the hazard cannot be eliminated entirely, the adopted control measures will likely be a combination of all three items instituted simultaneously.

By dedicated assignment, appropriate documentation of completion, and implementation of controls, the above methods and procedures ensure identified hazards are addressed and mitigated.

All employees will be trained in the hazard identification process including the use and care of proper PPE.

Part of our review process of all identified hazards and the corrective measures to eliminate them will be a concentrated effort to ensure that the corrective measures do not create hazards in and of themselves. This review process will involve the Safety Director and employees.

SANITATION
§1524. Water Supply.
§1526. Toilets at Construction Jobsites.
§1527. Washing Facilities, Food Handling. and Temporary Sleeping Quarters.

Potable Water:

From a safety standpoint, you must not neglect your need for potable (drinkable) fluids. Water is not only the most abundant of all compounds found on the earth, it is the most abundant part of you - actually about 65% of you is water.

On construction sites, exertion and heat dictate the need for plenty of water.

Potable water will be available on job sites. If portable containers are used, they will be clearly marked [Potable Water]; capable of being tightly closed; and equipped with a tap. These containers will be used for no other purpose than supplying drinking water. Non-reusable (single service) cups in a sanitary container will be provided drinking as well as a receptacle for disposing of used cups.

Additionally, sealed one-time use water bottles may be supplied. If these items are used, they are for individual use only and will be marked to identify the user. These bottles may not be shared. Where sealed onetime use water containers are supplied, a receptacle for disposing of the used containers shall be provided.

Employees are reminded of their need for adequate amounts of water. 21 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Jnc. (888) 4 75-5353, Permission is granted to copy for intemaJ use.

Non-Potable Water:

Outlets of non-potable water should be clearly identified as such, through appropriate signage, and non-potable water may never be used for drinking, washing, or cooking.

Toilets:

A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities.

Exception: Where there are less than 5 employees, separate toilet facilities for each sex are not required provided the toilet facilities can be locked from the inside and contain at least one toilet.

Under temporary field conditions, not less than one toilet shall be available. (Where the provision of water closets is not feasible due to the absence of a sanitary sewer or the lack of an adequate water supply, non-water carriage disposal facilities will be provided. Unless prohibited by applicable local regulations, these facilities may include privies (where their use will not contaminate either surface or underground waters), chemical toilets, recirculating toilets, or combustion toilets.

Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper.

Washing Facilities:

Adequate washing facilities will be provided in near proximity to the worksite if employees are working with contaminants that may be harmful to their health such as paint, coatings, or other chemical products. Paper towels and cleansing agents will be provided.

Showers and change rooms will be dictated by specific standards dealing with specific toxic materials (i.e., lead; asbestos).

Eating and Drinking Areas:

No employee will be allowed to consume food or beverages in any area exposed to toxic material.
22 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) .475�5353. Pennlssion is granted to copy for internal use.

MANUAL LIFTING PROCEDURES
Prior to manual lifting, a hazard assessment will be performed using our hazard identification & risk assessment procedures.

This entails the supervisor, working with employees who actually will perform the lifting using a worksheet and listing all components of the task.

Working together, they will list all things that could go wrong resulting in an accident or injury Specific steps will be developed to eliminate the probability of an accident or injury. These steps will be transferred to our task analysis form which will be kept on the job site.

Things that could go wrong manually lifting an item could include, but not be limited to:

1. Item is too heavy.

2. Item is too bulky.

3. Item blocks line of sight.

4. Item can cut hands.

5. Surface is slippery.

The order of precedence and effectiveness of hazard control for manual lifting is as follows:

4. Engineering controls.

5. Administrative controls.

6. Personal protective equipment.

Supervisors will inspect and enforce the use of the above controls.

Engineering controls include the following use of mechanical devices such as:

1. Dollies.

2. Hand trucks.

3. Lift assist devices.

4. Jacks.

5. Carts.

6. Conveyors.

7. Lift tables.

8. Increasing the heat - muscles are less likely to cramp in warmer temperatures.
23 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems. Inc. (888) 475�5353. Permission is granted to copy for internal use.

Administrative controls include the following use of mechanical devices such as:

1. Using two (2) persons to perform the lift.

2. Increasing the time between lifts.

3. Lifting training.

Personal Protective Equipment would include, but not be limited to:

1. Using gloves to address cuts, firm grip and warmth.

2. Appropriate steel toed footwear to address slips and items falling on feet

3. Eye protection to prevent items hitting eyes.

4. Back braces.

Ergonomics & Manual Lifting:

Correct Neutural Postures
Postures where the body is aligned and balanced, while sitting or standing.

The head is kept upright and is not turned to either side more than about 30 degrees or tilted forward or backward more than about 15 degrees.

When the worker is standing, the torso is not bent more than 10 to 20 degrees from the vertical position and the natural curves of the spine are maintained. The pelvis and shoulders should face straight ahead to avoid twisting the torso. The shoulders are relaxed and knees slightly bent. The arms hang normally at the side, with elbows close to the body. The elbows are not bent more than about 90 degrees and the palms face in toward each other and the center line of the body. The wrists are in line with the forearms and are not bent sideways, forward (towards the palm), or backward (towards the back of the hand.)
When lifting, every attempt should be made to not put stress on the body which is beyond the correct neutural posture.

Proper Lifting Techniques:

Musculoskeletal Injuries are often caused by the obvious - putting excessive strain on the lower back by lifting an object that is too heavy or awkward, or by bending and/or twisting while lifting.

However, lifting injuries are also caused by less obvious reasons:
a. poor physical condition
b. poor posture
24 R. E. Schultz Construction SECTION!
© 20l2 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use, c. poor judgment (lifting, pulling, pushing an object that is obviously too heavy or awkward without seeking assistance or a mechanical lifting device.)
NOTE: Where the use of lifting equipment is impractical, two man lifts must be performed.
d. lack of exercise
e. excessive body weight
Training will be given in proper lifting techniques. Below are lifting techniques that will reduce the likelihood of injury:
a. lift objects comfortably, not necessarily the quickest or easiest way. b. lift, push, and pull with your legs, not your arms or back. c. when changing direction while moving an object, turn with your feet, not by twisting at the waist.
d. avoid lifting higher than your shoulder height.
e. when standing while working, stand straight.
f. when walking, maintain an erect posture; wear slip-resistant, supportive shoes.
g. when carrying heavy objects, carry them close to the body and avoid carrying them in one hand.
h. when heavy or bulky objects need to be moved, obtain help or use a mechanical aid such as a dolly, hand truck, forklift, etc .. i. when stepping down from a height of more than eight inches, step down backwards, not forward.
j. Lift heavy objects close to the body -- avoid reaching out. The power zone for lifting is close to the body, between mid-thigh and mid-chest height. Comparable to the strike zone in baseball, this zone is where arms and back can lift the most with the least amount of effort.
k. lift gradually and smoothly. Avoid jerky motions.

I. maintain a clear line of vision.

Investigation of Injuries:

The Safety Director will investigate all injuries caused by improper lifting and, as part of that investigation, incorporate those finding into work procedures to preclude a reoccurrence.

Injuries will be recorded and reported in compliance with the California Recordkeepinq Standard. Section 14300.
25 R.E. Schultz Construction SECrJON I
© 2012 U.S. Compliance Systems, Inc. (888) 475R5353. Pennission is granted to copy for internal use.

A concentrated effort will be made to ensure that the corrective measures do not create hazards in and of themselves.

To prevent injuries in the first place, supervisors will periodically evaluate our manual lifting techniques to assess the potential for and prevention of injuries.

As part of our risk assessment process, new operations will be evaluated to engineer our hazards before manual lifting is begun.

SLIPS, TRIPS & FALLS
Slips, trips, and falls are among the most common job site accidents and they are easily preventable. Below are some of the causes of slips, trips, and falls:
a. running on the job site.
b. engaging in horseplay.
c. working off a ladder that is not firmly positioned.
d. carrying an object that blocks line of vision.
e. work boots not laced or buckled.
f. working off a scaffold without safety rails.
g. using ladders that have oil and grease on the rungs. h. not using a handrail on steps.
i. messy work areas with debris strewn about.
j. not paying attention to what one is doing.

This list can go on and on, but all the above are easily preventable by adherence to common safety procedures, common sense, and awareness of potential hazards on the job site.

DRUGS AND ALCOHOL
With the exception of over the counter drugs such as aspirin or drugs prescribed by a physician, there shall be no drugs or alcohol on any job site. Alcohol and drug abuse cause an unacceptable level of safety hazard not only for the offending employee, but for others in the vicinity. Those found to be under the influence of drugs and/or alcohol will be immediately removed from the job site by the competent person and further disciplinary action will be taken by the Safety Director.

Employees taking prescription medication that reduces motor skills should report this to their supervisor for appropriate work assignment. 26 R. E. Schultz Construction SECTION I
© 2012 U.S, Compliance Systems. Inc. (888) 475.5353. Pennission is granted to copy for internal use.

Chemical dependency is a devastating problem for not only the employee, but also the employee's family and co-workers. For obvious safety reasons, it cannot be tolerated in the workplace. Those with such a problem should seek professional help. The Safety Director will assist any employee in finding appropriate treatment should they voluntarily come forward.

SMOKING
There shall be no smoking except in designated smoking areas. Under no circumstances will there be smoking during refueling of vehicles or within 50 feet of flammable materials.

INCIDENT INVESTIGATION AND REPORTING
Apparently simple accidents may actually be caused by many complex reasons. Example: a worker is using a claw hammer on a scaffold plank more than six feet above the ground. The hammer head breaks off, slides off the scaffold surface, and strikes a worker standing below who is not wearing a hard hat. Why did this accident happen? How can it be prevented? With just the facts presented, the fault would seem to rest with the worker who was struck by the falling object. Accident investigation may reveal other contributing factors by answering questions like:
a. Were hard hats required on the project, were they available, and was this policy enforced by the supervisors?
b. Were precautions taken to prevent objects from falling from above, such toeboards?
c. Did the worker inspect his hammer before use? Was he driving nails -- the job for which a claw hammer is designed -- or pounding metal beams?
d. Why was the worker directly under the scaffold? Was he authorized to be there? Had a control zone been established? What was he doing when he was hit?
After determining the cause of the above accident, steps can be taken to prevent a reoccurrence. Near-miss mishaps, events which result in no injury or damage, should be investigated because even though the outcomes are different, the causes are the same.

The main purpose of incident investigation is to prevent the same type of incident from reoccurring. An incident investigation will begin immediately after the medical crisis is resolved. The competent person/supervisor on the job site will complete an Incident Investigation Form as soon as feasible. The five questions that must be answered are: Who? What? When? Where? and most importantly, Why did the accident happen? 27 R.E. Schultz Construction SECTION!
© 2012 U.S. Compliance Systems, Inc. (888) 475M5353. Pennission is granted to copy for internal use. •. ··-··--" -----
If the accident is severe, all personnel are authorized to call 911 and/or access a first responder per our posted job site emergency phone lists.

All accidents, incidents, and near-miss incidents will be reported immediately to the supervisor who, in turn, will report this information to the Safety Director.

The Safety Director will ensure that the company for whom we are working is informed of the accident, incident, or near-miss incident as soon as feasible, but no later than 24 hours. Incidents would include, but not be limited to:
a. injuries
b. spills
C. property damage
d. fires
e. explosions
f. vehicle damage
Immediately after medical concerns are addressed, all accidents, incidents and near-miss incidents will be investigated.

Catastrophic Reporting Requirements:

Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three (3) or more employees as a result of a work-related incident, either in person or by telephone, the OSHA Area Office nearest to the site of the incident will be notified. Phone Numbers of nearest Cal/OSHA District Offices, CLICK HERE.

Incident Investigation:

The Safety Director is responsible for investigating all incidents. An investigating team will be established and individual members will be given training in their individual responsibilities and incident investigation techniques prior to the occurrence of an incident.

Initial training will be given when assigned to the team and refresher training will be given as needed, but at least bi-annually.

Training will include:
a. Initial identification/assessment of evidence.
1 As appropriate, a listing of people, equipment, and materials involved and a recording of environmental factors such as weather, illumination, temperature, noise, ventilation, etc. will be gathered.
28 RE. Schultz Construction SECTION I
© 2012 U.S. Comp1iance Systems, Inc. (888} 475-5353. Pennission is granted to copy for internal use. b. Collection, preservation, and security of evidence.

1. Using notes, photographs, witness statements, flagging, and impounding of documents and equipment, evidence will be collected, preserved, and secured.
c. Collection of witness interviews and statements.

1. The importance of gathering unbiased statements and the possible need for follow-up interviews will be emphasized. d. Preparation, and preservation, of the written incident report.

1. The written incident report will be prepared using the incident report form which would include a detailed narrative statement of the events leading to the incident. The format of the narrative report may include an introduction, methodology an and
summary of the incident; the investigation board members names, narrative of the event, findings and recommendations.

Photographs, witness statements, drawing, etc. would also be included.
e. Using investigative skills to identify corrective actions, assigning responsibilities for corrective actions, and tracking corrective actions to closure.

An investigative kit will be prepared that contains:

1. Incident Investigation Forms

2. Witness Statement Forms

3. Pens, paper, rulers

4. Barricade tape

5. Camera

6. Small hand tools

7. Marking devises such as flags

8. Tape Recorder

9. Equipment Manuals and Standards
Per our Bloodborne Pathogen Program, all first aid responders will be qualified and certified and First Aid and CPR.

Per our Emergency Action Plan, persons will be identified, in the event of a major emergency to perform certain tasks to ensure the safety of our personnel as well as the integrity of equipment, facilities, and materials to prevent further loss after immediate rescue has occurred. For example, maintenance personnel should be summoned to assess integrity of buildings and equipment, engineering personnel to evaluate the need for 29 R. E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use, bracing of structures, and special requirements such as safe rendering of hazardous materials or explosives will be employed.

At the conclusion of any accident investigation, a meeting will be held with all team members to review the process and entertain suggestions for improvement. Training will include, but not be limited to, investigation procedures, preserving of evidence, taking appropriate photos of accident scenes, first responder actions and results, witness statements, and use of investigative supplies.

While all accidents must be investigated, the degree to which they are investigated must be commensurate with the level of severity of the incident using a root cause analysis process.

Root cause analysis, in the example on page 1, is a methodology for finding and correcting the most important reasons for the accident.

Utilizing scaffolding competent persons and other experts, the root cause may turn out to be lack of scaffold training with emphasis on scaffold erection. Had toeboards been installed, the accident would not have happened and, with enhanced training. future accidents could be avoided.

This answer is different than the obvious conclusion that the accident was caused by the hammer head breaking off and hitting the employee.

Accidents with a high degree of severity certainly need more investigative time and effort than, for example, a minor bruise.

After all is said and done, one of the main purposes of incident investigation is to prevent a reoccurrence particularly in the performance of similar type operations. It is important to communicate to all employees the lessons learned from an incident investigation and make sure they understand the existing or improved policies and/or procedures established as a result of the incident investigations.

POSTINGS
On every job site there will be a prominently displayed bulletin board or area for postings. Every employee must be aware of this policy. Certain postings are required as a matter of law in all cases and other postings are required depending on circumstances and types of work being done.

In all cases, the below must be posted on the job site to meet California Labor Code and Title 8, California Code of Regulations, requirements. a. Our Code of Safe Practices.
b. Safety and Health Protection on the Job.
c. During the period from 1 February through to April 30, Cal/OSHA Form 300A, Annual Summary of Work-Related lniuries and Illnesses, must 30 R.E. Schultz Construction SECTION!
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for internal use. be posted for work-related injuries and illnesses which have occurred during the previous year.
d. Emergency Phone Numbers.
e. Industrial Welfare Commission Wage Orders.
f. Payday Notice.
g. Notice to Employees - Injuries Caused by Work.
h. Notice of Workers' Compensation Carrier and Coverage.

Note: Obtained for Insurance Carrier
i. Whistleblower Protections.

1. If employees are working with hazardous/toxic substances, the following must be posted:

Access to Medical Exposure Records - English.

Access to Medical Exposure Records - Spanish.

2. If employees are using industrial trucks, the following must be posted:

Operating Rules for Industrial Trucks - English
Operating Rules for Industrial Trucks -Spanish
Additional postings required by other California agencies may be obtained at the following link: Additional Postings
If appropriate, the following must be posted:
a. Cal/OSHA citations.
b. Notice of informal hearing conference.
c. Names and location of assigned first aid providers.
d. Air or wipe sampling results.
e. Emergency action plan.

RECORDKEEPING: INJURIES & ILLNESSES
California Rec:ordkeeping standard. Section 14300.

As a matter of law, all employers with 11 or more employees at any one time in the previous year must maintain Cal/OSHA Form 300, Log of WorkRelated Injuries and Illnesses, Cal/OSHA Form 301, Injury and Illness Incident Report, and OSHA Form 300A, Summary of Work-Related Injuries and Illnesses.

Cal/OSHA Forms 300 and 301 are used to record and classify occupational injuries and illnesses. The information on the Cal/OSHA Form 300 related to employee health and must be used in a manner that protects the 31 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Pennission is granted to copy for internal use. confidentiality of the employees to the extent possible. Recordable injuries and illnesses must be entered on Cal/OSHA Forms 300 and 301 within seven (7) days of receiving information that a recordable injury or illness has occurred.

Retention of Forms:

Old Cal/OSHA Forms 101 and 200 as well as Cal/OSHA Forms 300 and 301 will be retained for five years following the year to which they relate.

Items to be recorded on Cal/OSHA Forms 300, 300A and 301:

Work related injuries and illnesses and fatalities are to be recorded using the criteria found in Recording Criteria, 14300.4.

Injuries and illnesses must be recorded if they result in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or if the injury or illness involves a significant injury diagnosed by a physician or licensed health care professional even if it does not meet the forgoing conditions.

Note: First aid (which is not reportable) is defined in General Recording Criteria. 14300.7.

Employee Involvement:

As a matter of policy, all work-related accidents and injuries are to be immediately reported to the competent person/supervisor on a job site who will complete an accident investigation form. This will be forwarded to the Safety Director who will extrapolate appropriate information for completion of the OSHA Form 300.

Catastrophic Reporting Requirements:

Any serious injury, illness, or death of an employee [occurring in a place of employment or in connection with any employment} will be reported immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health.

Definition of immediately: as soon as practically possible but not longer than 8 hours after the employer knows or with
diligent inquiry would have known of the death
or serious injury or illness.

Location of Cal/OSHA Forms 300 and 301:

As a general rule, the Cal/OSHA Forms 300 and 301 will be maintained in our main office. However, in the event that a project is to last more than one year, that job site will be considered a fixed establishment and maintain its own Cal/OSHA Forms 300 and 301.

SAFETY MEETINGS
Scheduled, at least weekly, safety meetings provide an opportunity for reinforcing the importance of general safety as well as specific work related procedures applicable to the work at hand. Properly prepared safety meetings will focus on one or two topics and be direct and to the point. All safety questions will be addressed and interactive participation is encouraged. All employees are required to attend these documented safety meetings.

ACCESS TO EMPLOYEE MEDICAL RECORDS & EXPOSURE RECORDS
All employee exposure records and medical records are under the control of our Safety Program Administrator.

Exposure records must be retained for 30 years.

Medical records must be retained for the duration of employment plus 30 years.

Our Safety Program Administrator is:

An employee's medical record means "a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician•.

This would include:
a. medical and employment questionnaires or histories (including job description and occupational exposures),
b. the results of medical examinations (pre-employment, preassignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for the purpose of establishing a base-line or detecting occupational illnesses and all biological monitoring not defined as an "employee exposure record".
c. medical opinions, diagnoses, progress notes, and
recommendations.
d. First aid records.
e. descriptions of treatments and prescriptions.
f. employee medical complaints.

Note: An employee's medical record does not include:
a. physical specimens (e.g., blood or urine samples) which are routinely discarded as a part of normal medical practice, or
b. records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not 33 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. accessible to the employer by employee name or other direct personal identifier (e.g., social security number, payroll number, etc.). c. records created solely in preparation for litigation which are privileged from discovery under the applicable rules of procedure or evidence. d. records concerning voluntary employee assistance programs (alcohol, drug abuse, or personal counseling programs) If maintained separately from the employer's medical program and its records.

An employee's employee exposure record means a record containing any of the following kinds of information:
a. environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained.
b. biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs.
c. material safety data sheets indicating that the material may pose a hazard to human health.
d. in the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.
e. Objective Data for Exemption from Requirement for Initial Monitoring.

Employee Information
Upon first entering into employment, and at least annually thereafter, each employee will be informed of the following:
a. The existence, location, and availability of any records covered by 8 CCR Sec. 3204.
b. The person responsible for maintaining and providing access to records (the Safety Director).
c. the employee's rights of access to his/her records.

Informational materials concerning access to medical records received from or provided by the Assistant Secretary of Labor for Occupational .. . .. . . . .. . .

Access to Records
Employees or their designated representatives will have access to their medical or exposure records within 15 working days of their request or, if this is not possible, the Safety Director will provide, within 15 working days, the reason for the delay and provide a best estimate of when the records will be available.

Copies of employee medical or exposure records will be provided in a reasonable time, place, and manner and at no cost to the employee.

Upon request, the Safety Director will provide access to representatives of the Assistant Secretary of Labor for Occupational Safety and Health employee exposure and medical records and to analyses using exposure or medical records.

Analysis Using Medical or Exposure Records
"Analysis using exposure or medical records" means any compilation of data or any statistical study based at least in part on information collected from individual employee exposure or medical records or information collected from health insurance claims records, provided that either the analysis has been reported to the employer or no further work is currently being done by the person responsible for preparing the analysis.

Before access is granted to an analysis using medical or exposure records, all personal identifiers must be removed that could reasonable directly identify the employee. Identifiers would include: name, SSN, address, etc.. Identifiers that could indirectly identify the employee will also be removed. These would include date of hire, sex, job title, etc ..

Confidentiality
Nothing in the OSHA standards is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical-care relationship, or affect existing legal obligations concerning the protection of trade secret information.

Transfer of records
Should we cease to do business, the successor employer shall receive and retain all the above medical and exposure records.

Should we cease to do business and there is no successor employer to receive and retain the above medical and exposure records, they shall be transmitted to the Director of the National Institute or Occupational Safety and Health.

At the expiration of the retention period for the above medical records, we will notify the Director at least 3 months prior to the disposal of such records and shall transmit those records to the Director if he requests them within that period.

ENFORCEMENT
It is expected that all employees will abide by our safety rules and guidelines not only to protect themselves, but also to protect their fellow workers from harm. Should a *safety violation occur, the following steps will be taken by the employee's immediate supervisor:
*Note: Examples of what constitutes a safety violation includes, but Is not limited to, failure to follow verbal or written safety procedures/guidelines/rules, failure to wear selected PPE, horse play, abuse of equipment, etc .. a. Minor Safety Violations: Violations which would not reasonably be expected to result in serious injury.

1. The hazardous situation will be corrected.

2. The employee will be informed of the correct procedures to follow and the supervisor will ensure that these procedures are understood.

4. A repeat occurrence of the same minor safety violation is considered substantially more serious than the first.
b. Major Safety Violations: Violations which would reasonably be expected to result in serious injury or
death.

1. The hazardous situation will be corrected.

2. The employee will be informed of the correct procedures to follow and will impress upon the individual the severity of the violation and the likely consequences should this type of violation be repeated.

The supervisor will ensure that the individual understands the correct procedures and will be cautioned that a reoccurrence could result in disciplinary action up to and including discharge.

3. The supervisor will make a written report of the occurrence using our Enforcement Documentation Form and inform the employee that this documentation will be forwarded to the Safety Director for a retention period of one year.
36 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems, Inc. (888) 475�5353. Permission is granted to copy for internal use. c. Willful Major Safety Violations: Intentional violation of a safety rule which would reasonably be
expected to result in serious injury
to the employee or a fellow worker.

1. The hazardous situation will be corrected.

2. The employee will be removed from the job site, the event will be documented and forwarded to the Safety Director, and the employee will be discharged.

Employees are to understand that the primary purpose of documenting safety violations is to ensure that the important business of employee safety is taken seriously and that the potential for injury is reduced to the lowest possible level.

As part of our supervisory commitment to safety, management personnel will conduct frequent and random physical job site inspections using our inspection checklists found in Section IV of this program. Violations showing an overall lack of commitment to company safety goals will result in enforcement actions listed below.

Schedule of Enforcement Actions for Violations within a 1 Year Period Minor Violation
Offense Action Repeat of Same Offense Action
1st Written Notice 1st 1 Day Off
2nd Written Notice 2nd 3 Days Off
3rd 1 Dav Off 3rd Dismissal
4th 2 Davs Off
5th 3 Davs Off
6th Dismissal
Major Violation
Offense Action Reoeat of Same Offense Action
1st Written Notice 1st 4 Days Off
2nd 2 Davs Off 2nd Dismissal
3rd 4 Davs Off
4th Dismissal
37 R.E. Schultz Construction SECTION I
© 2012 U.S. Compliance Systems:. Inc. (888) 475-5353. Permission is granted to copy for internal use.

Section 1.3.1 A - References
Project Name: Furnish & Install Shade Shelters Group 1A & 1B Location: 9 Various School Sites
Owner: San Diego Unified School District: 4100 Normal Street, San Diego, CA 92103 Owner Contact: Jim LeBeau: 858-361-7503 / [email protected] Architect or Engineering Firm: Platt/Whitelaw Architects, Inc.

Architect or Engineer Contact: Tom Fowler: 619-546-4326 ext. 108 / [email protected]
Construction Manager: Jim LeBeau: 858-361-7503 / [email protected] Description of Project, Scope of Work Performed: Furnish and install shade shelters.

Total Value of Construction (including change orders): $894,205.00 Project Name: Elementary School Shade Structure Project @ 15 School Sites Location: 15 School Sites within Palm Springs Unified School District Owner: Palm Springs Unified School District: 150 District Center Drive, Palm Springs, CA 92264 Owner Contact: Kent Hems: 760-883-2710 / [email protected] Architect or Engineering Firm: PBK Architects
Architect or Engineer Contact: Marco Eacrett: 909-937-9200 / [email protected] Construction Manager: Kent Hems: 760-883-2710 / [email protected] Description of Project, Scope of Work Performed: Installation of Shade Structures.

Total Value of Construction (including change orders): $1,243,807.00 Project Name: New Play Structures for ECE at Various School Sites Location: 5 School Sites with in Palmdale School District Owner: Palmdale School District: 39139 North 10th Street East, Palmdale, CA Owner Contact: Steve Colombero: 661-949-0771 / [email protected] Architect or Engineering Firm: Flewelling & Moody
Architect or Engineer Contact: Steve Colombero: 661-949-0771 / scolombero@flewellingmoody.com Construction Manager: Steve Colombero: 661-949-0771 / [email protected] Description of Project, Scope of Work Performed: New Play Structures for ECE at Various School Sites project including Shade Structures.

Total Value of Construction (including change orders): $223,620.00 Required With-Bid Submittals at time of Bid
Project Name: Stanton Central Park Shade Structure
Installation
Per Specifications 13 31 23 - Section 1.3.1:

1. Please find proof of reference sites engineered to CBC Specifications:
60' x 60' 4-Posted Hip - Los Alamos Sports Park, Murrieta CA 60' Hexagon - Los Alamos Sports Park, Murrieta CA
40' x 40' Multilevel/layer - MacCambridge Park, Burbank CA 20'x 36'Flat Truss Cantilever with 20' projection - Delano Fields - Los Angeles, CA

2. Please find attached fabric samples and Powder Coat chart to demonstrate fabric color and powder coat color range. In addition, find letter of authorization from fabric manufacturer for use of fabric.

3. Quality Assurance Items:
• 3 Reference Sites:

Cameron Park - Cameron Park, CA - 2006
Cedar Park - Brentwood, CA - 2005
Los Alamos Sports Park - Murrieta, CA- 2006
• Please find attached documentation of proof of Liability Insurance and Umbrella Insurance
• Please find attached documentation of proof of current CA Contractors License
• Please find attached proof of City of Los Angeles Approved Fabricator License
• Proof of minimum $6,000,000 bonding capacity with an A-Class Certified Surety
• Please find attached documentation of proof of IAS (International Accreditation Service) certification
• Please find attached documentation of proof of Annual Maintenance Inspection Program
• Please find attached documentation of proof of Corporate Injury & Illness Prevention and Safety Program
USA-SHADE.COM I TF: 800.507.4233 I PH: 714.427.6981 I FX: 714.427.6982 BLUE
SHADE 80%
UV 85%

DESERT SAND
SHADE 80%
UV 92%
GREEN
SHADE 80%
UV 85%
YELLOW
SHADE 80%
UV 89%
•••
RED
SHADE 80%
UV 86%
SILVER
SHADE 80%
UV 81%

TERRACOTTA
SHADE 75%
UV 82"/o
Colourshade" fabrics carry a 10 year limited manufacturers warranty from the date of installation against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration, with the exception of the Red fabric which carries a 3 year limited warranty.

USASHADE
& Fabric Structures®
www.usa-shade.com
Corporate Headquarters
DFW International Commerce Park
2580 Esters Blvd, Suite 100
DFW Airport, Texas 75261
PH: 214.905.9500
TF: 800.966.5005
'° INTERNATIONAL Ci.I
NFPA

INTERNATIONAL
SMnn,1,n, W<'rlrl',v•n1
ASTM E84
West Coast Office
PH: 714.427.6981
NFPA 701
Southeast Office
PH: 214.905.9500
Copyright c 2020 by 5Mde SttUCturn. Inc. Al� reHfWd
RED
115618RED
YELLOW
115618YLW
BLACK
115618BLK

DARK BROWN
115618DBW
COBALT
ll5618CBB

LIGHT IVORY
115893
BLUE
1156BBLU
WHITE
115618WHT

FOREST GREEN
115618FRG

TELE-GRAY
115892
Powder cooling provides moximum odhesion, UV protection and fade resistance. Available in a wide range of colors, this coating hos higher surface hardness/ scratch resistance than common liquid points.

Powder coot colors may vary slightly based on the media of which Ayer is printed out on or distributed as PDF.

USASHADE
& Fabric Structuresn
www.usa-shade.com
Corporate Headquarters
DFW lnternoHonol Commerce Pork
2580 Esters Blvd, Suite 100
DFW Airport, Texas 75261
PH: 214.905.9500
TF: 800.966.5005
West Coast Office
PH: 714.427.6981
Southeast Office
PH: 214 905 9500
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30 October 2008

TO WHOM IT MAY CONCERN
US;\ Shade ancl Fabric Structures is an ctulhorised dis1ributor and fabricator of Multiknit fabric5, also known as Shadesure® and Colourshade®, in the United States. As such, they are
authorised to market, specify, procure, fabricate and install our products in the Shode business industry,
Yours .sincerely,
Robin Card
Export Sales Executive
��® CERTIFICATE OF LIABILITY INSURANCE I

DATE(MMIDDNYYY)
10/0612022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

Aon Risk services central, Inc. Pn�NE
st. Louis MO Office {AIC, No. Ext):
4220 Duncan Avenue E-MAIL
suite 401 ADDRESS:

St Louis MO 63110 USA
INSURED INSURER A:
shade structures, Inc. INSURER B:

DBA USA SHADE & FABRIC STRUCTURES
2580 Esters Blvd., suite 100 INSURERC:

DFW Airport, TX 75261 USA INSURER D:

INSURER E:

INSURER F:

COVERAGE S CERTIFICATE NUMBER 570095952931
(866) 283-7122 I fffc. No.I: (800) 363-0105
INSURER($) AFFORDING COVERAGE NAIC#
Pennsylvania Manufacturers' Assoc Ins co 12262
James River Insurance company 12203

REVISION NUMBER

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CDNDJTJONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 'LTR TYPE OF INSURANCE

B X COMMERCIAL GENERAL LIABILITY
-=i CLAIMS-MADE 0ocCUR
X XCU not e)(cl
GEN'LAGGREGATE LIMIT APPLIES PER·
R POLICY 0 j:gr 0 LOC
OTHER:

A AUTOMOBILE LIABILITY
�

X ANYAUTO
� OWNED ,-- SCHEDULED
� AUTOS ONLY - AUTOS

HIRED AUTOS NON-OWNED
� ONLY � AUTOS ONLY
B UMBRELLA LIAB �OCCUR
f--X EXCESS LIAB CLAIMS-MADE

OED I X IRETENTJON

A WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/ PARTNER I EXECUTIVE [':] OFFICER/MEMBER EXCLUDED? (M:mdatory In NH)
�l;��jtf�N 6
11 F
d
�PERATIONS below
INSO WVD POLICY NUMBER 1MMIDI)JvW'v ,�MIO�
IU009nu53 --, ·-,
152200 06523218 10/01/2022 10/01/2023
000860434 10/01/2022 10/01/£023
Excess Liability
SIR applies per policy ter s & condi ions
2022750652321 10/01/2022 1D/01/L023
NIA
LIMITS

EACH OCCURRENCE
D,,,.,, GE TO"'"'"' "'D
PREMISES 'Ea occurrence\
MED EXP (Any one f)erson)

PERSONAL & ADV INJURY

GENERALAGGREGATE
PRODUCTS. COMP/OP AGG

COMBINED SINGLE LIMT
/Ee accidenll
BODILY INJURY { Per person)
BODILY INJURY (Per 11cddent)

PROPERTY DAMAGE
fPar accident\
Collision Deductible

EACH OCCURRENCE

AGGREGATE
X I PER STATUTE \
E.L. EACH ACCIDENT
\�JH·
E.l. DISEASE-EA EMPLOYEE
E.l. DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space is required) $1,000,000
$300,000
$10,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000
$5,000,000
$5,000,000
$1,000,000
$1,000,000
$1,000,000
Endorsements attached are applicable only when required by contract.

The General Liability (Ongoing & completed Operations) & Auto Policies include a blanket additional insured endorsement that provides this feature only when there is a written contract with the named insured that requires such status. The General Liability, Auto and workers' compensation policies include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract with the named insured that requires such status. The per location aggregate subject to a policy cap of $10,000,000. Insurance is primary and non-contributory. umbrella policy is follow form. is

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE

POLICY PROVISIONS,
shade structures, Inc. AUTHORIZED REPRESENTATIVE
dba USA shade & Fabric structures
2580 Esters Blvd. Suite 100 ��.9'� �� DFW Airport TX 75261 USA ©1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD -
0 z
I
�
AGENCY
AGENCY CUSTOMER ID: 570000052633
LOC#:

ADDITIONAL REMARKS SCHEDULE

NAMED INSURED
Aon Risk Services central, rnc. shade Structures, rnc.

POLICY NUMBER
see certificate Number: 570095952931

CARRIER I NAICCODE
see certificate Number: 570095952931 EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM JS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC#

INSURER

INSURER
Page _ of _
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD I certificate form for policy limits.

POLICY POLICY
JNSR ADDL SUDR POLICY NUMBER EFFECTIVE EXPIRATlON LIMITS

LTR TYPE OF INSURANCE JNSD WVD DATE DATE
(MMffiD/YYYY) (MM/DDNYYY)

AUTOMOBILE LIABILITY
A 152200 06S2321B 10/01/2022 10/01/2023 comprehensiv
e Deduct
$1,000
ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD
AGENCY
AGENCY CUSTOMER ID: 570000052633
LOC#:

ADDITIONAL REMARKS SCHEDULE

NAMED INSURED
Aon Risk services central, Inc. shade Structures, Inc.

POLICY NUMBER
see certificate Number: 570095952931
CARRIER INAICCODE see Certificate Number: 570095952931 EFFECT/VE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage
LlNE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY POLICY COMPANY

EFFECTIVE EXPIRATION

DATE DATE
(MM/DD/YYYY) (MMIDD/YYYY)
Excess Liability 000860434 10/1/2022 10/1/2023 James River Insurance company coverage
General Liability 000959653 10/1/2022 10/1/2023 James River Insurance company coverage
Business Auto coverage 152200 0652321B 10/1/2022 10/1/2023 Pennsylvania Manufacturers' Assoc Ins co
workers compensation 2022750652321 10/1/2022 10/1/2023 Pennsylvania Manufacturers' Assoc Ins co
Page of

NAIC PRIMAR' PERCENTAGI
(YIN) OF

FLAG RISK
12203 y 100
12203 y 100
12262 y 100
12262 y 100
The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions, The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.

The ACORD name and logo are registered marks of ACORD
....... ,.,...,,. ..... _..,,,� ..

CONTRACTORS

STATE LICENSE BOARD

ACTIVE LICENSE
'"''"'""- SHADE STRUCTURES INC OBA USA

SHADE & FABRIC STRUCTURES
clu,lll<MloaC•J B
..... �,..12/3·1/2023
•
..
w�
www.cslb.ca.gov iJ�

TRAVELERST
940 West Port Plaza
St. Louis, MO 63146
2/2/2022
Commercial Surety
Travelers Bond
Phone: (314) 579-8306
Fax: (888) 400-6771
Re: SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES Surety Company Reference
To Whom It May Concern:

We are providing this information at the request of SHADE STRUCTURES, INC. OBA USA SHADE & FABRIC STRUCTURES. Travelers has had a surety relationship with SHADE STRUCTURES, INC.

OBA USA SHADE & FABRIC STRUCTURES dating back to 1995. We have supported SHADE STRUCTURES, INC. OBA USA SHADE & FABRIC STRUCTURES on projects with a single limit in excess of $5,000,000 and extended aggregate surety credit valued at $25 million. Current available surety capacity is in excess of $10,000,000.

We continue to be confident in this principal's ability to perform and we recommend them for your favorable consideration. Travelers has not been required to perform under a labor and material payment bond or performance bond for the referenced company. Travelers Casualty and Surety Company of America is rated A++ by A.M. Best .

Please note that the decision to issue any performance and payment bonds for the above mentioned client is a matter between SHADE STRUCTURES, INC. OBA USA SHADE & FABRIC STRUCTURES and Travelers Casualty and Surety Company of America and will be subject to our standard underwriting at the time of the final bond request, this includes the review of the bond form, contract terms and our other normal underwriting criteria. We assume no liability to third parties or to you if for any reason we do not execute said bonds.

If you have any questions or need any additional information, please do not hesistate to contact me.

TRAVELERS CASUAL TY AND SURETY
COMPANY OF AMER�A
�if� A fl ,
Jennifer Williams, Attorney-In-Fact
Aon Risk Services Central, Inc., Aon Construction Services Group Agent Contact Infonnation:

Eric D. Sauer I Surety
Aon Construction Services Group
4220 Duncan A venue, Suite 40 I I St. Louis, MO 63 110
t: +1.314.854.0748 Im: +1.314.283.5769 If: +l.314.719.5126 [email protected] I aon.com
Travelers Casualty and Surety Company of America is rated A++ (Superior) by A.M. Best Financial Size Category XV (2 Billion or greater).

A.M. Best's rating of A++ applies to certain insurance subsidiaries of Travelers that are members of the Travelers Insurance Companies pool; other subsidiaries are included in another rating pool or are separately rated. For a listing of companies rated by A.M. Best and other rating services visit www.travelers.com. Ratings listed herein are as of Nov. 4, 2021, are used with permission, and are subject to changes by the rating services. For the latest rating, access am best.com. ... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jennifer Williams of ST LOUIS , Missouri , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.

State of Connecticut
City of Hartford ss.

On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto sel my hand and official seal.

My Commission expires the 30th day of June, 2026
,,.-•""P'NO·�
I .
i ":. i.. "i
I I
·,.�..t
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-inFact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this 2nd day of February 2022
l Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.

IAS INTERNATIONAL

ACCREDITATION
SERVICE®

CERTIFICATE OF ACCREDITATION
This is to attest that
SHADE STRUCTURES, INC.
2580 ESTERS BOULEVARD, SUITE 100
DFW AIRPORT, TEXAS 75261, U.S.A.

Fabricator Inspection Program FA-428
has met the requirements of AC172, /AS Accreditation Criteria for Fabricator Inspection Programs for Structural Steel, and its in-plant inspection program for structural steel fabrication is in compliance with Section 1704.2.5.1 of the 2015 and 2018 International Building Code®, Section 1704.2.5.2 of the 2012 International Building Code®, and Section 1704.2.2 of earlier code editions. Periodic plant inspections are conducted by Architectural Testing, Inc. (AA-676) to monitor compliance with the requirements of AC172.

This certificate is valid up to September 1, 2024
�·\jc�
President
Visit www.iasonline.org for current accreditation information. /AS/FA-AC172/100-1

OPERATION & MAINTENANCE MANUAL
This manual contains the following information.

WARRANTY CLAIMS_·-···················-··········································-··················----············1 TOOLS AND SUPPLIES································-----------·············--········-·····················---····-··2 MINOR REPAIR/MAINTENANCE FOR POWDER COAT··································-·············3 MAJOR REPAIR/MAINTENANCE FOR POWDER COAT··················-······-·········-·····-····-·3 MINOR REPAIRS TO GALVANIZED STEEL···················-···············-··················-···········-··5 APPEARANCE OF GALVANIZED STEEL ··············-··············-····-···········-··············-·········-6 PERSONAL PROTECTION & FIRST AID 6
PVC FABRIC MAINTENANCE·········-·········-·············-··········-···················-····················-··6 MINOR HDPE FABRIC REPAIR ···············-····················-·-·················-·············-············_,7 HDPE FABRIC MAINTENANCE ···············································-···-·······················-·-······ 7

WARRANTY CLAIMS
If you require information or assistance in preparing a claim covered by our warranty, please advise us immediately.

FedEx and UPS Deliveries:

USA SHADE
Claims Department
DFW International Commerce Park
2580 Esters Blvd., Suite 100
DFW Airport, TX 75261
800.966.5005
[email protected]
US Postal Service Mail:

USA SHADE
Claims Department
P.O. Box 3467
Coppell, TX 75019
**PLEASE NOTE: This document provides proof of USA SHADE'S O&M Manual. If you require the complete manual, please contact your sales representative.** USA-SHADE.COM I TF: 800.966.5005 I PH: 214.905.9500 I FX: 972.453.0010

INJURY & ILLNESS

PREVENTION

PROGRAM
(Includes Safety Program & JHA)
**PLEASE NOTE: This document provides proof of USA SHADE'S Injury & Illness Prevention Program. If you require the complete manual, please contact your sales representative**
Revised: October 12, 2020
USA-SHADE.COM I TF: 800.966.5005 I PH: 214.905.9500 I FX: 972.453.0010

USASHADE
& Fabric Structures ®
USA Shade Safety & Health
Program
**PLEASE NOTE: This document provides proof of USA SHADE's Safety & Health program. If you require the complete manual, please contact your sales representative** REV. 10/2019
USA Shade & Fabric Structures disclose proprietary information that is copyright registered. Please hold these safety documents in confidence and do not share them with other organizations, even if you do not charge a fee.

Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 28, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE CERRITOS

AVENUE RESURFACING PROJECT AND APPROPRIATION OF FUNDS
REPORT IN BRIEF:

Seven bids for the Cerritos Avenue Resurfacing Project were opened on October 31, 2023. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Hardy & Harper, Inc. to be the lowest responsible and responsive bid at $854,000.

RECOMMENDED ACTIONS:

2. Award a construction contract for the Cerritos Avenue Resurfacing Project to Hardy & Harper, Inc. for the bid amount of $854,000 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and Hardy & Harper, Inc. in a contract for the construction of the Cerritos Avenue Resurfacing Project; and

4. Authorize the City Manager to approve contract changes, in an amount not-to-exceed ten percent of the bid amount ($85,400); and
Item: 9F
Click here to return to the agenda.
2 5. Eliminate the $200,000 appropriation from the Other Grants Fund (#227) for the withdrawn grant funding; and

6. Appropriate a total of $200,000 from the Gas Tax Fund (#211) and $30,000 from the RMRA Fund (#215) to increase the Cerritos Avenue Resurfacing Project (Task Code No. 2024-104) budget to $960,000.

BACKGROUND:

The City’s most recent Pavement Management Program (PMP) report lists streets and pavement treatments necessary for the City to maintain a pavement condition index (PCI) of 75 or greater in order to maintain eligibility with the Orange County Transportation Authority’s (OCTA) Measure M2 Turnback Funds Program. The most recently adopted PMP listed Cerritos Avenue (from Knott Avenue to Beach Boulevard) as needing to be paved in Fiscal Year 2023/24.

This Project consists of demolition and removals, clearing and grubbing, roadway modifications, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work.

On September 26, 2023, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on October 31, 2023. Seven (7) bids were received and opened as follows:

Rank Company Bid
1 Hardy & Harper, Inc. $ 854,000
2 All American Asphalt $ 944,144
3 The R.J. Noble Company $ 976,604
4 DASH Construction Company, Inc. $ 981,058
5 Sequel Contractors, Inc. $ 988,360
6 LCR Earthwork & Engineering Corp.* $ 1,017,160
7 Onyx Paving Company $ 1,077,000
*LCR Earthwork & Engineering Corp.’s bid submittal had a clerical error regarding one of their line items, and so their Total Base Bid submitted is shown.

Hardy & Harper, Inc. submitted the lowest responsible bid in the amount of $854,000, which is approximately 6.75% above the Engineer’s estimate of $800,000. Staff has reviewed the submitted documents and found that Hardy & Harper, Inc. has submitted the lowest bid and is compliant with the contract documents. Upon successful execution of the contract documents, the project is expected to begin construction early next year. 3 For every construction contract awarded by Council, staff is required to return to Council to accept the improvements, approve the final construction contract amount, and direct the Council to file a Notice of Completion.

FISCAL IMPACT:

The Fiscal Year 2023/24 Adopted Budget includes $930,000 for this project (Task Code No. 2024-102). The following table presents an estimated breakdown of the total project cost:

Description Amount
Construction Contract $ 854,000
Contingency (10%) $ 85,400
Inspections $ 20,600
Total $ 960,000
In October 2021, the OCTA Board of Directors approved the distribution of $10.931 million of Coronavirus Response and Relief Supplemental Appropriations Act funds to the Orange County local agencies for local streets and roads rehabilitation and maintenance projects through the 2021 PMRF Program. This project was to be partially funded by the PMRF Program in the amount of $200,000. Unfortunately, due to the debt ceiling compromise earlier this year, PMRF Program funding that did not get obligated by Caltrans at that time was subject to rescission. As such, approximately 24 Orange County local agencies were not able to secure the PMRF Program funds as well. OCTA is working with Caltrans to propose a potential replacement of PMRF Program funds, but no state funds have become available.

As a result of the rescinded funding, there are insufficient funds to complete the project.

Therefore, staff recommends the appropriation of $200,000 from the Gas Tax Fund (#211) and $30,000 from the RMRA Fund (#215). The City has approximately $1.6 million and $31,000 available for appropriation in the Gas Tax Fund and RMRA Fund, respectively.

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities.

LEGAL REVIEW:

None.
4 PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Cerritos Avenue Resurfacing Project Contract
B. Hardy & Harper, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT

CERRITOS AVENUE RESURFACING PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 20 , BY AND BETWEEN THE CITY OF STANTON, as City and HARDY & HARPER, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

Article IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR Attachment: A
Click here to return to the agenda.

CA-2
to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents.

The total amount of this contract shall not exceed EIGHT-HUNDRED FIFTY-FOUR THOUSAND Dollars ($854,000.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work not to exceed 15% of the contract amount approved by City Council or $30,000 whichever is less. Any additional work in excess of this amount shall be approved by the City Council.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CA-3

CONTRACTOR CITY OF STANTON
Name Date Hannah Shin-Heydorn Date
Title City Manager
ATTEST:

Name Date Patricia Vazquez Date
Title City Clerk
____________________________________ APPROVED AS TO FORM:

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CERRITOS AVENUE RESURFACING PROJECT CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND

CERRITOS AVENUE RESURFACING PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for the CERRITOS AVENUE RESURFACING PROJECT (hereinafter referred to as the “Project”).

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or CERRITOS AVENUE RESURFACING PROJECT CA-6
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
CERRITOS AVENUE RESURFACING PROJECT CA-7
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

CERRITOS AVENUE RESURFACING PROJECT CA-8
Notary Acknowledgment
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.

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CERRITOS AVENUE RESURFACING PROJECT CA-9

CITY OF STANTON

PAYMENT BOND

CERRITOS AVENUE RESURFACING PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for the CERRITOS AVENUE RESURFACING PROJECT (hereinafter referred to as the “Project”).

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

CERRITOS AVENUE RESURFACING PROJECT CA-10
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CERRITOS AVENUE RESURFACING PROJECT CA-11
Notary Acknowledgment
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.

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CERRITOS AVENUE RESURFACING PROJECT CA-12

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE

CERRITOS AVENUE RESURFACING PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Contractor, prior to commencing work, shall sign and file with the City of Stanton a certification as follows:

CONTRACTOR
By:

Title:

Date:

CERRITOS AVENUE RESURFACING PROJECT CA-13
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
California

PLANS, SPECIFICATIONS, AND CONTRACT

DOCUMENTS FOR

CERRITOS AVENUE RESURFACING PROJECT
City of Stanton
Public Works and Engineering Department
7800 Katella Avenue
Stanton, CA 90680
(714) 379-9222 I StantonCA.gov
Approved by:

Director of Public Works/City Engineer
[email protected]
(714) 890-4203
KEY BID DATES (SUBJECT TO CHANGE):

September 28, 2023:

October 16, 2023:

October 31, 2023:

Advertise in trade journals and on the Internet
Deadline for Questions at 5:00 p.m.

Bid opening at 11:00 a.m., City Hall Lobby
Attachment: B
Click here to return to the agenda.

Bidder's Name: Hardy & Harper, Inc.

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: Hardy & Harper, Inc.

CERRITOS AVENUE RESURFACING PROJECT
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that ii has carefully checked all of figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that ii understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

Bl ODER declares that the only persons or parties interested in this Proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this Bid; that this Proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this Bid is in all respects fair and without collusion or fraud.

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after dale of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

P-1
Bidder's Name: Hardy & Harper, Inc.

A complete bid consists of the following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Completed Bid Schedule form.

2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Completed Bidder Information and Experience form.

5. Fully executed Non-Collusion Declaration form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. IRAN Contracting Act Certification (for contracts of $1,000,000 or more)

8. Sufficient Funds Declaration
Bidder certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California:

License number -2------------------
15952
Expiration date._1_2_/3_1_/2_0_2_3 ____________ _
License classification ·-=-��----------- A C-8, & Cl2
If the Bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addendum No. Date Received Bidder's Signature
[SIGNATURES NEXT PAGE]
P-2
Bidder's Name: Hardy & Harper, Inc.

BIDDER:

Hardy & Harper, Inc.
(Company Name)
Michael Murray
(Type or print name)
Vice President
(Title)
Lake Forest, California
(Where signed) (City, State)
Dated: October 24 , 20 23
Bidder's Business Address:
32 Rancho Circle
Lake Forest, CA 92630
Kristen Paulino
Corporate Secretary
---,--- State of lncorporation:_C=al=ifi=o=m=1=·a;;__ _____ _ (If the Contractor is a corporation, two signatures of corporate officers are required.) Names and addresses of all partners or joint venturers:

Daniel Maas - President
Michael Murray & Tanner Hambright - Vice President
Kristen Paulino - Corporate Secretary
Statement of the authority of signatory to bind Bidder:

Please see attached.

P-3
CALIFORNIA 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
County of --=O:...= } ..::ra=n:.c::g""
e __________ _
on Oc t obe r 24, 2023 before me, Marie Aya la, Not ary P ublic Date Here Insert Name and Title of the Officer
personally appeared ________ M_ic_h_a""'"e _l "--Mu""""--r_r"""ay"-----'-a=n'""d---'Krc.=.c i=st---'
e""'
n;....cPc....=auc..c
l=i1"'"
10'---_______ _
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 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. ....eeeeeeee
MARIE AYALA �
Notary Public - Callfornia z
Los Angeles County �
Commission It 2319435 -
y Comm. Expires Feb 16, 2024
Place Notary Seal and/or Stamp Above
I certify under PENAL TY 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 ___,_IM,--"----'-'M4;....;;.__:::,-. _04J-+--al_ __ Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name:
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _

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

A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January _id_, 2021, at 11 :00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes.

Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRJSTEN PAULJNO, as Secretary of the Corporation, presided over the meeting.

The purpose of the meeting was to nominate and elect two Vice-Presidents of the Company.

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

DANIEL MAAS
KRJSTEN S. PAULJNO

TESSAMAAS
DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULJNO was re-elected Secretary, TANNER HAMBRJGHT was elected Vice-President of Strategic Development, and as Vice-President he is hereby authorized to sign contracts on behalf of the corporation. WCHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporntion has established bank and checking accounts.

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

DATED: January _I:±_, 202� ¥1f
DANIEL. MAAS, Director/President
·,.•,�q
ISTEN P ULINO, Director/Secretary
�-:f:2;?::;::;,,,.; fkZ Cj<, _91 •• ,:;;2_. ____ _ MAA , Diie�tor ,1
ITEM
NO.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Bidder's Name: Hardy & Harper, Inc.

BASE BID SCHEDULE*

CERRITOS AVENUE RESURFACING PROJECT
UNIT

UNIT PRICE
DESCRIPTION QTY QTY (Numbers)
Project Mobilization, Demobilization, &
Cleanup (Not to Exceed 5% of 1 LS $ Z I, ""O Construction Costs) Surveying & Monument Preservation
1 LS $ l3,o?,o
Traffic Control & Noticing
1 LS $ 'i 1
1 1.04

1.5" Uniform Depth AC Cold Mill
312,150 SF $ .��
Crack Seal
$ 71
1 LS ril
Construct 1.5" ARHM Overlay**
3,150 TON $ t.3 �
Local Pavement Removal & Replacement
- Mill & Remove 7.5" of Ex. AC
Pavement/Base, Construct 7.5" Thick AC 2,000 SF $ 5
to Surface
Remove Existing & Construct New ADA
Compliant Curb Ramp 12 EA $ '5 ,i' z..o
Remove Existing & Construct ADA
Compliant PCC Sidewalk 720 SF $ lb
Adjust Sewer/Storm Drain Manhole
28 EA $ Frame & Cover to Grade ,.3�5
Adjust Ex. Water Valve Can & Lid to
Grade (By Golden State Water Company, 33 EA $ ,o
Coordination Only)
Adjust Ex. Electric Manhole or Vault
Frame & Cover to Grade (By SCE, 2 EA $ 100
Coordination Only)
Install Advanced Detection Traffic Loop
Detector, Type E or Type E (Modified) 44 EA $ j 1 -0
Traffic Signing, Striping, Markings &
1 LS $ I '8' 1

1.,00 Legends
Encroachment Permits (Caltrans + Cities)
1 LS $11 &�o
Electronic Changeable Message Board
60 DAYS $ Rental & Programming*** 'i L

ITEM COST
(Numbers)
$'21,000
$ /3,,,.!,0
$ •fl I 'l-()0
$ 1"3,,3�b
$ 7,'i"\2
$ 'fl. 2- 1 I oo
$ Jo, 000
$ ,'f,S'iO
$ II 1
':>LO
$ 38,!2.0
$ l,bSO
$ z_oo
$ /l 1
LJ2-
$ l'i,100
$ 2.,1 ! oo
$ 2. I 52.0
.. * Add1tIonal details about ,terns of work included m each bid ,tern can be found m Section 7-3.1 of the Special Provisions and Specifications.
** Paving shall occur within the week of grinding.
**CONTRACTOR shall make up to 2 electronic message programmable message boards available for use on this job and shall program messages on the boards at the direction of the ENGINEER. Each message board rental shall be paid on a per day basis up to 30 days (i.e. 2 message boards x 30 days = 60 days). CONTRACTOR shall honor unit P-4
Bidder's Name: Hardy & Harper, Inc.
prices regardless of the number of boards and days used. See Section 601-3. 7 of the Special Provisions for more information.
$ i5 i I 000 •
oO
and Z. ci:.. ro Cents

THE BASIS FOR AWARD OF CONTRACT SHALL BE THE CONTRACTOR'S BASE BID ONLY.

The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be wit)ldrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.

Dated __ O_c_to_b_e_r _24_,_2_0_23 _________________________ _ P-5
Bidder's Name: Hardy & Harper, Inc.

DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1 /2 of 1 % ) of the Bidder's total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

Portion of Name of Location of CSLB DIR
Work to be Subcontractor Business Contractor Registration done by License No. Number
Subcontractor
'='"�"e,-/ C '1 5e, J- 1 " q o rct,.,, (; }
L-? 'i fl tooooo /5 3_;
5� ('\} '-fi'/\_j uJl-
,-rn Pi Y1J J i5 5fp p-,,
0 f\ ft,- !rt) I
SJ'iZ.I \ / ooooa,� I 2-
vA
P-9
Bidder's Name: Hardy & Harper, Inc.

Portion of Name of Location of CSLB DIR
Work to be Subcontractor Business Contractor Registration done by License No. Number
Subcontractor
':> "'it�� t." f) n. 1 h <-; w'l ) L-oop5
t /e.c,,-tt-,L- vPr
ll'I· ; 1cr I 0«>001 t..lO
Cr,cj<5u\ M D R \)J,""· ,� l.. 1 K(..; for<-Jf,
CNC-Keil\ C.,/>r 'f K� t/6b I oooco , '1 3'»
Co \Ji Mil\ /A\ 1 AJ1'.l-1ic..�v'\ c.vrov\.'t 1
A�e�, l f- vfr
2b7073 / ooo�0/65 l
P-10
Bidde�s Name: Hardy & Harper, Inc.

Portion of Name of Location of CSLB DIR
Work to be Subcontractor Business Contractor Registration done by License No. Number
Subcontractor
P-10
Bidder's Name: Hardy & Harper, Inc.

BIDDER INFORMATION AND EXPERIENCE FORM

1.0 Name of Bidder: _H _ar_d-'
y.:...&:..:c...H_arp_,_e_r-'-
, :..cln::.:c.:.... __________
_

2.0 Type, if Entity: _C::..o::.:rp-"--"or:.ca;;;:ticcon==--------------

3.0 Bidder Address: 32 Rancho Circle, Lake Forest, CA 92630 714/444-2801
Facsimile Number
[email protected]
Email Address
714/444-1851
Telephone Number

4.0 How many years has Bidder's organization been in business as a Contractor? 7 5.0

6.0 How many years has Bidder's organization been in business under its present name? _7.,_7,__ _______ _

5.1 Under what other or former names has Bidder's organization operated?_N'-'-'-'/A..,_ _________________ _
If Bidder's organization is a corporation, answer the following:

6.1 Date of Incorporation: 12/14/1962

6.2 State of Incorporation: California

6.3 President's Name: Daniel Maas

6.4 Vice-President's Name(s): Michael Murray
Tanner Hambright

6.5 Secretary's Name: Kristen Paulino

6.6 Treasurer's Name: Kristen Paulino
P-11
Bidder's Name: Hardy & Harper, Inc.

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: _N"°"IA""-----------------

7.2 Name and address of all partners (state whether general or limited partnership):

NIA

8.0 If other than a corporation or partnership, describe organization and name principals:

NIA

9.0 List other states in which Bidder's organization is legally qualified to do business.

10.0 What type of work does the Bidder normally perform with its own forces? Asphalt Paving & Minor Concrete

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

13.0 List Trade References:

Please see attached.

P-12
Hardy & Harper, Inc.

Supplier References
Vulcan Materials
Asphalt/Concrete
16013 E. Foothill Blvd
Irwindale, CA 91702
Contact: Rosemary Luna (626-633-4227)
The R.J. Noble Company
Asphalt
15505 E. Lincoln Ave
Orange, CA 92865
Contact: Rocco Costello (714-637-1550)
Blue Diamond
Asphalt/Concrete
135 S. State College Blvd
Brea, CA 92821
Contact: Ruby Davidson (714-863-1953)
All American Asphalt
Asphalt
400 E. 6
th St.

Corona, CA 92879
Contact: Robert Schwartz (951-757-8032)
Bidder's Name: Hardy & Harper, Inc.

14.0 List Bank References (Bank and Branch Address):

First Foundation Bank
18101 Von Karmen Avenue
Irvine, CA 92612

15.0 Name of Bonding Company and Name and Address of Agent:

Fidelity & Deposit Company of Maryland
Commercial Surety Bond Agency
1411 N. Batavia Street, Orange, CA 92867
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
P-13
Bidder's Name: Hardy & Harper, Inc.

LIST OF CURRENT PROJECTS /BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Description of Completion Date Cost of Bidder's Reference Bidder's Work Work
(agency
name/contact
info)
Please see attach t,d Current Cons1 tuction Projects
P-14
Hardy & Harper, Inc. Current Construction Projects

OWNER/AGENCY PROJECT NAME CONTRACT APPROXIMATE

AMOUNT COMPLETION DATE
County of San Bernardino
825 E. Third Street Rain Shadow Road and Other Roads $830,000.00 TBD San Bernardino, CA 92415
City ofEI Segundo FY 23/24 Pavement Rehabilitation 350 Main Street Project $1,635,000.00 August 2023 El Segundo, CA 90245
City of Rancho Palos Verdes Street Rehabilitation on Silver Spur Road 30940 Hawthorne Blvd North of Hawthorne Blvd $859,000.00 July 2023 Rancho Palos Verdes, CA 90275
City of Manhattan Beach
3621 Bell A venue Cycle 2 Street Resurfacing Project $3,110,000.00 September 2023 Manhattan Beach, CA 90266
City ofBell
6330 Pine Avenue Eastern Avenue FY 2022-2023 $1,020,000.00 August 2023 Bell, CA 90201
City of Chino Hills Rock springs Drive Pavement 14000 City Center Drive Rehabilitation Project $860,000.00 July 2023 Chino Hills, CA 91709
City of Banning Street Improvements at Various 99 East Ramsey Street Locations $1,608,000.00 September 2023 Banning, CA 92220
City of Lake Elsinore Auto Center Drive Pavement 130 S. Main Street Rehabilitation Project $845,000.00 August 2023 Lake Elsinore, CA 92530
City of Perris
24 South D Street, Suite 100 2023 Citywide Pavement Rehabilitation $1,976,329.00 July 2023 Perris, CA 92570
City of Pomona
505 S. Garvey Avenue Street Preservation - Local (FY 22-23) $2,760,000.00 August 2023 Pomona, CA 91769
City of Cerritos
18125 Bloomfield Avenue Gridley Road Rehabilitation $1,736,375.00 July 2023 Cerritos, CA 90703
City of La Cafiada Flintridge 2023 Citywide Street Resurfacing 1 Civic Center Drive Program $1,060,000.00 June 2023 La Call ad a Flintridge, CA 91011
City of Grand Terrace
22795 Barton Road Pavement Rehabilitation Project 2023-1 $1,780,000.00 June 2023 Grand Terrace, CA 92313
City of La Mirada Tmperial Highway Pavement
13700 La Mirada Blvd Rehabilitation from Valley View Ave to $945,000.00 June 2023 La Mirada, CA 90638 Wicker Drive
City ofRiverside 2019/2020 CDBG Ward 5 Street
3900 Main St,�et Improvements & 2021/2022 CDBG $1,950,000.00 June 2023 Riverside, CA 92522 Street Improvements
County ofRiverside Transportation Dept. Center Street and Stephens A venue 3525 14th Street Resurfacing $1,735,000.00 June 2023 Riverside, CA 92501
City of Orange Cannon Street and Serrano Avenue 300 E. Chapman Avenue Intersection Improvements $690,000.00 June 2023 Orange, CA 92866
City of Calimesa Citywide Pavement Rehabilitation 908 Park Aveue Project $1,665,000.00 June 2023 Calimesa, CA 92320
Bidder's Name: Hardy & Harper, Inc.

LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough lo demonstrate Bidder's ability to perform the required Work.

Project Client Description of Completion Date Cost of Bidder's Reference Bidder's Work Work
(agency
name/contact
info)
Please see attach1 d Past Project Rt ferences
P-15

OWNER/AGENCY
City of San Gabriel
425 S. Mission Drive
San Gabriel CA 91776
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92832
City of Moreno Valley
14177 Frederick Street
Moreno Vallev, CA 92552
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
City of Downey
11111 Brookshire A venue
Downev, CA 90241
City of Orange
300 E. Chapman Avenue
Orarnze, CA 92866
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
City of Downey
11111 Brookshire A venue
Downev, CA 90241
City ofJurupa Valley
8930 Limonite A venue
Juruna Vallev, CA 92509
City of Anaheim
200 S. Anaheim lllvd
Anaheim, CA 92805
County of'Riverside
3525 14th su·eet
Riverside, CA 92501
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 9 I 709
Los Angeles County
900 S. Fremont Avenue
Alhambra, CA 91803
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
City of'Norco
2870 Clark A venue
Norco, CA 92860
City of Irwindale
5050 N. hwindale Avenue
Irwindale, CA 91706
City of Brea
1 Civic Center Circle
Brea, CA 92821
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
City of Burbank
301 E. Olive Avenue
Burbauk, CA 9 I 502
Hardv & Harner. Inc Past Proiect References

CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE
Alam Mai CDBG Street Improvements Project FY 22/23
(626) 308-2825 Contract Amount $490,000.00
amai(alsgch.org Comnletion Date: March 2023
Rafael Chavez Residential Street Rehabilitation
(714) 932-7506 Contract Amount: $1,204,780.00
rafael.chavezlnlcitvoffullerton.com Comoletion Date: Februarv 2023 Quang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21/22 (951)413-3159 Contract Amount: $2,444,260.00
auatumralmoval,org Comnletion Date: December 2022
Kamran Dadbeh Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave (909) 824-662 I Contract Amount: $570,000.00
kdadbeh{ii)P-randterrace-ca,oov Comoletion Date: Sectember 2022 Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 (562)904-7110 Contract Amount: $2,875,000.00
d1mtierrfmdownevca.ora Cotnnletion Date: June 2022
Youichi Nakagawa Prospect & Spring Right Turn Lane Modification Project (714) 744-5572 Contract Amount: $920,000.00
vnakagawa@citvoforanP-e,orP Comnletion Date: June 2022
Manuel Fabian Pico Street Improvement Project
(818) 898-1243 Contract Amount: $465,000.00
[email protected] Comnletion Date: Mav 2022
Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 0 (562) 904-7110 Contract Amount: $2,355,000.00
dgutierr(a)downevca.orP Comnletion Date: Aoril 2022
Desiree Flores 2021-22 CDBG Old Mira Loma Pavement Rehabilitation Project (951) 332-6464 Contract Amount: $810,000.00
dflores@juruoavallev,oro Comnletion Date: Aoril 2022
Lorenzo Rea Residential Streel Improvement Project - Lotus & Torry, Group 13 (714) 765-6893 Contract Amount: $5,806,000.00
[email protected] Comnletion Date: March 2022
Hector Davila Fisher Street Resurfacing Project
(951) 955-6885 Contract Amount: $785,560.00
[email protected] Comnletion Date: Fehruarv 2022
Carl Hassel Village Center Drive Pavement Rehabilitation Project (909) 364-28 I 7 Contract Amount: $408,000.00
chasselfmchinohills.oru Comoletion Date: December 2021
Peter Sanquc Pavement Reconstruction (Sustainable) North LA County (661) 947-7173 Contract Amount: $1,873,929.57
[email protected],uov Comnletion Date: November 2021
Jarb Thaipejr Pavement Rehab. on Barton Rd, Bryn Mawr & Orange Grove (909) 799-2800 Contract Amount: $462,590.00
ithuioeir@)lomalinda�ca. POV Comoletion Date: November 2021 Sam Nelson Sixth Street Widening
(951) 270-5607 Contract Amount: $785,000.00
[email protected]. us Comnletion Date: Sentember 2021 Luis Pimentel 2020-2021 Resurfacing Project
(626) 430-2259 Contract Amount: $544,311.93
loimenteJlfi)irwindalcca. POV Comnletion Date: Mav 2021 Steve Kooyman Imperial Highway/ Berry St. Intersection Improvements (530) 318-1066 Contract Amount: $579,648.80
skoovmantminterwest!un.com Comnletion Date: Mav 2021
Jess Sotto FY 20-21 Asphalt Paving Project
(909) 370-5551 Contract Amount: $2,695,493.64
!isotto(aJcoltonca.gov Comnletion Date: Mav 2021
Adam Salehi 2020 Slrect Improvement Project
(818) 238-3946 Coiltract Amount: $1,253,099.98
asalehitn:burbankca,Pov Comnletion Date: Auril 2021
Hardv & Harner. Inc Past Proiect References

OWNER/AGENCY CONTACT PUOJECT NAME, AMOUNT, & COMPLETION DATE City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II (Rebid 2) 300 West Third Street (805) 385-8280 Contract Amount: $6,550,000.00 Oxnard, CA 93030 renee.hatcherfmoxnarca.orP Comn)etion Date: November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY "19-20 14177 Frederick Street (951)413-3100 Contract Amount: $4,080,364.90 Moreno Vallev, CA 92552 ourchasinedivisionlfllmoval.orl! Comnletion Date: November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,000.00 Cvnress, CA 90630 [email protected] Comnletion Date: August 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Contract Amount $1,451,000.00 BanniM, CA 92220 avela(n)bannineca,gov Comnletion Date: March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East 11B
11 Street (909) 395-2012 Contract Amount: $4,261,000.00 Ontario, CA 91764 nurchasinrrfmontarioca.!.!OV Comnletion Date: October 2019 City of Pasadena Tony An Preventative Maintemmce Services 100 N. Garfield A venue (626) 744-7403 Contract Amount: $2,424,216.00 Pasadena, CA 91101 [email protected] Comoletion Date: Aoril 2019 City of Downey Edwin Norris CIP No. 18-02 Residential Street Rehab. Project 11111 Brookshire A venue (562) 904-7110 Contract Amount: $1,808,000.00 Downev, CA 90241 [email protected] Comnletion Date: March 2019 City of Westminster Marwan N. Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714) 548-3460 Contract Amount: $1,452,000.00 Westminster, CA 92683 [email protected] Comoletion Date: Februarv2019 City of San Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S. San Jacinto Avenue (951) 654-3592 Contract Amotmt: $1,818,000.00 San Jacinto, CA 92583 kristvrn'ltrilakeconsultants. com Comnletion Date: Januarv 2019 City of Lancaster Luis Garibay 2018 Sidewalk, Curb & Gutter Repairs 44933 Fern Avenue (661) 723-6110 Contract Amount: $1,976,000.00 Lancaster, CA 93534 l garibav@cit vofl ancaster, orP' Comnletion Date: December 2018 City of Diamond Bar Jason Williams Residential & Collector Road Rehabilitation Project 2 I 810 Copley Drive (909) 839-7050 Contract Amount: $1,551,000.00 Diamond Bar, CA 91765 • wil liamsa diamondbarca. aov Comnletion Date: December 2018 City of Tustin Mario Medina FY 2017-18 Roadway Rehab. & Sidewalk Repair 300 Centennial Way (949) 394-8955 Contract Amount: $1,575,125.00 Tustin, CA 92780 [email protected]: Comnletion Date: October 2018 City of Fountain Valley Fatana Temory Resurface & Rehab. of Euclid St from Slater to Warner l 0200 Slater A venue (714) 593-4433 Contract Amount: $1,077,000.00 Fountain Vallev, CA 92708 fatana.temorv!'mfountainvallev.orl! Comoletion Date: Seotember 2018 City of Pomona Public Works Major Street Improvements
505 South Garey Avenue (909) 620-2261 Contract Amount: $3,839,000.00 Pomona, CA 91766 oweneineerinn-fmci,oomona.ca.us Comnletion Date: Au11ust 2018 City of Rancho Palos Verdes Ron Dragoo Residential Street Rehabilitation Project 30940 Hawthorn Blvd (310) 544-5252 Contract Amount: $2,227,000.00 Rancho Palos Verdes, CA 90275 1gkwolek@)ch.ca.gov Comnletion Date: Mav 2018 City ofl3urbank Arlin Mergerdichian Local/Residential Street Improvement Project 301 E. Olive Avenue (818) 238-3800 Contract Amount: $5,333,000.00 Burbank, CA 91502 amergerdichian@ burbankca. oov Comoletion Date: Mav 2018 City of Covina Chris Marcarello Grand Ave. Street Rehabilitation No, STPL-5118(020) 125 E. College Street (626) 384-5490 Contract Amount: $3,030,000.00 Covina. CA 91723 [email protected] Comnletion Date: Mav 2018 City of Lancaster Luis Garibay 2017 Pavement Management Program 17-003 44933 Fern Avenue (661) 723-6110 Contract Amount: $2,727,000.00 Lancaster, CA 93534 lgaribav!'mcitvoflancaster.oru- Comolction Date: Aoril 2018 City of Dana Point Matthew Sinacori Arterial Roadway Resurface & Pavement Preservation 33282 Golden Lantern (949) 248-3500 Contract Amount: $3,993,000.00 Dana Point, CA 92629 [email protected] Comnletion Date: January 2018 Bidder's Name: Hardy & Harper, Inc.

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Please see attached resumes

2. Summarize each person's specialized education:

Please see attached resumes

3. List each person's years of construction experience relevant to the project:

Please see attached resumes

4. Summarize such experience:

Please see attached resumes
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder's Statements:

P-16

MEGAN MANLOVE
Riverside, CA 92506 ♦ 949-672-8682 ♦ [email protected] Ql>JectJye .• •· •
To obtain a position with an established company that provides opportunity for growth. • Ability to Multi-task and
Manage High Stress
• Meticulous Attention to
Detail
• Problem Solving Skills
Keyittril>dtes ..
• Proficient in Microsoft
Office
• Excellent Relationship
Skills
• Clerical Duties
Professional EXperienc.e
Hardy & Harper, Inc.

Project Manager
• Written and Verbal
Communication Skills
• Outstanding Team
Player
• Goal Oriented
02/2016 to Present
Assist Project Superintendent(s), Submit and maintain submillals/product data, Schedule projects and subcontractors, Order materials and equipment, Build and maintain budgets Service 1 st
Dispatcher
0812014 to 04/2015
Dispatch technicians, Track and manage fleet, Customer service, Process work orders, Collect POs. Prep payroll
Ambassador Veterinary Hospital
Receptionist
0412014 to 0812014
Greet clients, Data entry, Prepare estimates, Manage Doctors' schedules, Prepare and process medical charts and documents
Sea Country Towing and Recovery
Dispatcher
0812013 to 0112014
Dispatch AAA OCSD and CHP calls, Manage tow truck drivers, Process and release impounded vehicles, Process service orders and administrative paperwork, Customer service Effie & Company
ReceptionisUAssistant Stylist
Schedule appointments, Serve clients, Assisting stylist Education
Williamsport High School
References available upon request
1012012 to 0812013
2010

DENNIS BEYLE

PROFESSIONAL EXPERIENCE
Hardy & Harper, Lake Forest, CA 1999 to Present
Construction Superintendent
Supervise Construction sites for several communities.

Establish and manage closing and production schedules for completion of projects.

Organize contracts and coordinate with subcontractors to meet production deadlines.

Adjust products to meet specific needs of customers.

Adapt construction practices to meet the needs of harsh climate.

Monitor work completed by subcontractors to ensure product quality.

Collaborate with utility companies.

Answer service calls and take corrective measures to resolve conflicts.

Managed and directed overall construction of multi-million dollar projects.

Organize scheduling of sub-contractors and monitored work efficiency, quality and performance.

Directed and supervised projects from inception to completion.

Track time comparison reports and construction production reports.

Hired qualified personnel from designated union labor pool.

Work effectively with architects, engineers, and developers.

Maintain budgets and schedules.

Responsible predominantly for phases of construction from ground breaking to final project.

Schedule subcontractor work, material delivery, and material returns.

Attend weekly meetings with Management of the customer relating to updates on construction of each individual phase.

Organize and see through accelerated schedule to meet needs and deadlines of customers with tight closing dates.

Ensure the construction project is completed on time and safely.

Track project materials requisitions from the date they were ordered to delivery to construction site to ensure timely delivery.

Daily inspections of all ongoing construction projects to ensure all work is being performed in a safe manner and adhere to QA and QC guidelines.

Updates on projects such as reaching milestones and achieving customer satisfaction.

Industrial Asphalt, Irwindale, CA 1994 to 1999
Procured and maintained necessary equipment and materials.

Operated & Maintained equipment used on high volume paving ie., residential & arterial, highways & freeways
Performed progress reports for city & state inspectors.

Was responsible for safety on the job.

Responsible for seeing that all work met job specifications and deadlines.

Union Paving, Stanton, CA 1987 to 1994
Mechanics Assistant - achieved general knowledge of equipment used in grading and paving.

General Laborer - Hands on training of field operations.

Journeyman Asphalt Luteman - Advancement of specialized asphalt placement.

Grade Checker - Understanding of slopes, elevations, percentage of active drainage.

Operating Engineer - Roller - Subgrade and finish surface.

Skiploader - Subgrade and finish surface.

Paving Machine - Parking Lots and minor streets.

Bidder's Name: Hardy & Harper, Inc.

The undersigned declares:

I am the Vice President
foregoing Bid.

NON-COLLUSION DECLARATION
of Hardy & Harper, Inc. , the party making the
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.

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 10/24/2023 [date], at Lake Forest [city], California [state].

Title Vice President
P-17
��!JIJJl!l'Ol!l'§l!l'@®!ll!l®§:@i!JIJJq§l!jllJ��:@00@00@00�§{§1§1§1§'0'0� CALIFORNIA 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
County of Orange }
on October 24, 2023 before me, Marie Ayala, Notary Public Date Here Insert Name and Title of the Officer
personally appeared _______ ----=..;M-=-1·=-=c;;:;h:=a:..:ce.:..l .::.:M-=-u=rr=-=-=a'-'-y ________________ _ 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 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. ...... ···� MARIE AYALA
Notary Public - California z
Los Angeles County $';
Commission II 2319435 ~
y Comm. Expires Feb 16, 2024
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.
s;gnatu,e 111 Vv'W
Signature � �tory alePublic

OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
Signer's Name:
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
�l!ll!li§l§!§l�§l§j§l§!§l§'O!§l§l§�8§'0�'08�1lffl®fi11J�� Signer is Representing: _________ _
©2019 National Notary Association
Bidder's Name: Hardy & Harper, Inc.

PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No Bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Bidder: Hardy & Harper, Inc.

DIR Registration Number: ------------- 1000000076
DIR Registration Expiration:. _06_/_30__/2_02__4 ______ _ Small Project Exemption: __ Yes or ____K__ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the Project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Bid is non-responsive.

Dated October 24 2023
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." P-18
Bidder's Name: Hardy & Harper, Inc.

CITY OF ST ANTON

IRAN CONTRACTING ACT CERTIFICATION
{Public Contract Code Sections 2202-2208)

CERRITOS AVENUE RESURFACING PROJECT
(To be executed by bidder and submitted with its bid)
As required by Public Contract Code ("PCC") Section 2204 for contracts of $1,000,000 or more, please insert Bidder's or financial institution's name and Federal ID Number (if available) and complete .Q.!!Q of the options below. Please note that California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (PCC Section 2205.) OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the bidder/financial institution identified below, and the bidder/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by California Department of General Services ("DGS") and is not a financial institution extending Twenty Million Dollars ($20,000,000) or more in credit to another person/bidder, for 45 days or more, if that other person/bidder will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. [PCC Section 2204(a).]
Bidder Name/Financial Institution (Printed) Federal ID Number (or NIA) Hardy & Harper, Inc. 95-2251022
By (Authorized Signature)
Michael Murray, Vice Pre
Date Executed
10/24/2023 Lake Forest, CA
OPTION #2 - EXEMPTION
Pursuant to Public Contract Code Sections 2203(c) and (d}, a public entity may permit a bidder/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Bidder Name/Financial Institution (Printed) II ·- ---· Ivr NIA) By (Authorized Signature)
Printed Name and Title of Person Signing II ed
P-19
Bidder's Name: Hardy & Harper, Inc.

CITY OF ST ANTON

SUFFICIENT FUNDS DECLARATION
(Labor Code Section 2810)

CERRITOS AVENUE RESURFACING PROJECT
(To be executed by bidder and submitted with its bid)
Owner: City of Stanton
Contract: Cerritos Avenue Resurfacing Project Project
1, Michael Murray , declare that I am the Vice President [insert ti
tle] of Hardy & Harper Inc [the entity], the entity making and submitting the bid for the above Contract that accompanies' this Declaration, and that such bid includes sufficient funds to permit -:--:-----=-----:-:-:-:--::---:------:--:--;--;:-[the entity] to comply with all local, State or Federal labor laws or regulations during performance of the Contract, including payment of prevailing wage, and that Hardy & Harper, Inc [the entity] will comply with the provisions of Labor Code Section 2810(d) if awarded the Contract.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and executed on October 24 20_11_, at Lake Forest [Ci
ty], CA [State].

Date: October 24, 2023
Signature
Print Title: Vice President
P-20
8/16/23, 10:41 AM
Contractor Information
Legal Entity Name
HARDY & HARPER, INC.

Lega
l Entity Type
Corporation
Status
Active
Registration Number
1000000076
Registration effective date
07/01/23
Registration expiration date
06/30/24
Malling Address
32 Rancho Circle Lake Forest 92630 CA United State ...

Physlcal Address
32 Rancho Circle Lake Forest 92630 CA United State ...

Email Address
[email protected]
Trade Name/OBA
license Number (s)
CSLB:215952
CSLB:215952
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:
i\gfil!cy for Service:

Agent of Service Name:
1 Agent of Service Mailing Address:

L
Worker's Compensation
Registrations
flegist�ation History
Effective Date
06/15/18
05/09/17
06/08/16
06/19/15
07/02/14
07/01/19
07/01/20
07/01/21
07/01/22
07/01/23
(0443071
952251022
Dan T. Maas
Michael Murray
Kristen Paulino
Dan T. Maas
Expiration Date
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
06/30/20
06/30/21
06/30/22
06/30/23
06/30/24
-~---··---
32 Rancho Circle Lake Forest 92630 CA United States of America ·-.. ··-·-- ·--- - l
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO lnformatlonName
Insured by Carrier
Policy Holder Name:

Insurance Carrier:

Policy Number:

Inception date:

Expiration Date:

Phone Email
https://cadl r. my. sale sf orceMsites. com/C ontractorSearch/regls tratlonSearch Details ?id=a 1 RByOOOOO 18exBEAQ Hardj & Harper, Inc.

BITC9 General Insurance Corporation
WC3]
26115
04/19/23
04/19(
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STATE LICENSE BOARD

ACTIVE LICENSE
"""'"'"'"215952 En111yCORP
'"'"""�• HARDY & HARPER INC
• W'51
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Bidder's Name: Hardy & Harper, Inc.

BID GUARANTEE

BID BOND
Bond No. CSBA-25318
[Note: Not required when other form of Bidder's Security, e.g. cash, certified check or cashier's check, accompanies Bid.)
The makers of this bond are, Hardy & Harper, Inc. , as
Principal, and Fidelity and Deposit Company of Maryland , as Surety and are held and firmly bound unto the City of Stanton, hereinafter called the City, in the penal sum of TE_N PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, 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 whereas the Principal has submitted the accompanying bid dated October 31st , 202d__, for CERRITOS AVENUE RESURFACING PROJECT.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 24th day of October , 20�, the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney-in-Fact Certificate)
Hardy & Harper, Inc.

Contractor/ P. ·nci
By
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Fidelity and Deposit Company of Maryland
Surety ..

By-:::::::::�===========:___---=-=-_
Attorney-in-Fact, Dwight Reilly
Title Attorney-in-Fact
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CALIFORNIA 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
County of Orange }
on October 25, 2023 before me, Marie Ayala, Notary Public Dote Here Insert Nome and Title of the Officer
personally appeared ________ M_i_c_h..c.;a..;;.e-'--1 M=u='-'rr..;.;_a.,__y ________________ _ Nome(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 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.

MARIE AYALA � Notary Public - California z
i Los Angeles County !
meeee•••�
z Commission# 2319435
---
y Comm. Expires Feb 16, 2024
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.
s;goatuce ljl/1� �/4 Signature o�ry Public

OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): _______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name:
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _

ACKNOWLEDGMENT
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
County of ....:O_ra_n�g
.._e ___________ _,
On ----'--'-'=-'--- 10/24/2023 ----- before me, --------� Adrian Benkert-Lang��-�----'----- rell, Notary Public personally appeared Dwight Reilly
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
.•;·;;.:. ·' ADRIAN BENl<ERT-1.ANGRELLl
•· • COMM. #2403748 ..,
, Notary Public-California Ill
ORANGE COUNTY �
• My c:mm. Expires May 9, 2026 J
..

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY

FIDELITY AND DEPOSIT COMP ANY OF MARYLAND
· POWER OF ATTORNEY
Bond No. CSBA-25318
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, tl1e COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the ''Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the. date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its �ehalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or tmdertakings 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 COMP ANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper perSons.

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

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, AD. 2023. _ _ By: Robert D. Murray
Vice President
��l>'i.--
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
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11 11111uf11 .',i,,,!;"f;:Y1r��•�••� -�,;,,;,1;m"ll••t'�<1>� ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On th.is 7th day of September, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, depose th and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument bY the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Genevieve M. Maison
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

EXTRACT FROM BY-LAWS OF THE COMPANIES

11.Arliclc V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice Pt·esident may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulati�ns, undertakings, or other like instruments on behalf of the Company, and may authorize any oflicer 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. 11

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONJAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certi!y that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certif)' that Article V, Section 8, of the By-Laws 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 altesting 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 COMP ANY at a meeting duly called and held on tl1e 5th day of May, 1994, and the following resolution of the Board of Directors oftl1e P!DELITY 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 hereaner, 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 October 2023
Thomas 0. McClellan
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
repo�[email protected]:1
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 ..
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 28, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE STANFORD AVENUE STORM DRAIN REPAIR PROJECT (TASK CODE NO. 2024-
802)
REPORT IN BRIEF:

The Open-Market Bid (AKA Informal Bid) process is being used for this public project.

RECOMMENDED ACTIONS:

2. Award a construction contract for the Stanford Avenue Storm Drain Repair Project to Tunnelworks Services, Inc. for the proposal amount of $47,867.50; and

4. Authorize the City Manager to approve contract changes, not to exceed ten percent of the proposal amount ($4,786).

BACKGROUND:

Late last year, Public Works staff observed a depression in the asphalt on Stanford Avenue east of Beach Boulevard. Upon review of records and CCTV inspection, two recommendations were made: (1) it was determined that an immediate storm drain spot repair was required, and (2) it was determined a capital improvement project (CIP) to repair two (2) storm drain lines with Cured-in-Place-Pipe (CIPP) Line was required. The spot repair was completed in April 2023.

Item: 9G
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2 The CIP project consists of cleaning the storm drain lines, providing traffic control, installing CIPP Liner, conducting a post CCTV inspection and completing all appurtenant work. CIPP Liner is a trenchless method of pipe construction that requires little or no digging to restore a pipe’s structural integrity.

On June 13, 2023, the City Council approved the Stanford Storm Drain Repair Project to be included with the Fiscal Year 2023/24 Capital Improvement Program Budget.

ANALYSIS/JUSTIFICATION:

City staff contacted several contractors to perform the work, and three (3) proposals were received and reviewed as follows:

Rank Company Amount
1 Tunnelworks Services, Inc. $47,867.50
2 Valverde Construction, Inc. $48,400.00
3 Insituform Technologies $79,109.00
Tunnelworks Services, Inc. has submitted the lowest responsive and responsible proposal to perform the work. Upon successful execution of the contract documents, the project is expected to begin construction in December 2023 weather permitting.

FISCAL IMPACT:

The Fiscal Year 2023/24 Adopted Budget includes $60,000 for this project (Task Code No. 2024-802) funded by the General Fund assigned fund balance set aside for special projects (Fund #101).

ENVIRONMENTAL IMPACT:

LEGAL REVIEW:

None.
3 PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.

A. Stanford Avenue Storm Drain Repair Project Contract
B. Tunnelworks Services, Inc. Proposal
STANFORD AVENUE STORM DRAIN REPAIR -1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT

STANFORD AVENUE STORM DRAIN REPAIR

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of ____________, 2023 by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (“City”) and Tunnelworks Services, Inc., a Corporation, with its principal place of business at 13502-H Whittier Boulevard, Suite 165, Whittier, CA 90605 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing storm drain repair related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class A.

2.3 Project. City desires to engage Contractor to render such services for the STANFORD AVENUE STORM DRAIN REPAIR (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Forty-Thousand Eight-Hundred Sixty-Seven Dollars and Fifty Cents ($47,867.50) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall Attachment: A
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be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Payment and Performance Bonds (Exhibit “E”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 5 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Thousand Eight-Hundred Dollars ($2,800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval 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. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, 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. Effective January 1, 2017, 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.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract 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.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 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 of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what 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.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body 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, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims 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. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional 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.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 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, 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 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 City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 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.

3.12.7.1 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.

3.12.7.2 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 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.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, 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 pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 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 terms of these procedures.

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.

3.12.9.2 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 1114.11 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.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 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 adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. 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 and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming 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 the Contract 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, 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 Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) 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 the Contract. 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 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 Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

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

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby 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. Section 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 pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

TUNNELWORKS SERVICES, INC.
13502-H WHITTIER BOULEVARD, SUITE 165
WHITTIER, CA 90605
ATTN: JEFF RUBIO, VICE PRESIDENT
CITY:

CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: CESAR RANGEL, PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

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

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF STANTON
AND TUNNELWORKS SERVICES INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF STANTON
Approved:

By:

Hannah Shin-Heydorn
City Manager
ATTESTED:

By: _______________________________
Patricia Vazquez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
TUNNELWORKS SERVICES INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
STANFORD AVENUE STORM DRAIN REPAIR -26-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
Tunnelworks Services Inc
Tunnelworks Services: CCTV, Cleaning & Trenchless Lining Pipeline Repair License No.: 963734-A
October 18, 2023 REVISED
City of Stanton
Attn: Manuel Armenta
Project Name: Stanton Storm Drain Lining
Subject: UV CIPP Lining Two Storm Drains
Tunnelworks Services (Tws) is pleased to offer the following proposal to clean, CIPP Line & Post TV (2) 10/16- inch Oval Storm drains near Beach Blvd & Stanford Ave. Includes traffic control setup per standard MUTCD/ Caltrans standards.

Shot #1 – 0+00 to CB-A 35’
Shot #2 – 0+00 to CB-B 55’
Scope of work:

We hereby propose to furnish all material and labor necessary for the completion of the following in accordance with project specification. The below items include all labor, standard traffic control, preparation of pipe segment for lining.

A Pan /tilt and push camera will be used as a combined effort to fully televise the Sewer pipeline. Televising will conform to Section 500-1.1.5 of the Standard Specifications for public works Construction (Green Book).

Estimate:

Item
No.

Description Quantity Unit Unit
Price
Extended Amount
1 Pre & Post TV Inspection 1 LS $1,200 $1,200
2 UV CIPP line (2) 10/16 inch oval CMP
pipes
1 LS $45,500 $45,500
3 Payment Bond 2.5% 1 LS $1,167.50 $1,167.50
TOTAL $47,867.50
Exclusions:
• Caltrans permits.
• Tws is not responsible for pre-existing condition ofpipe.

Assumptions:
• Approximately 2 days to complete work.
• All camera equipment conforms to OSHA’s Title 8 Approval Requirements for electricalsafety. • Win Can software will be used for inspection reports and video capture (MPEGformat).

If you have any questions Please call me at (562)553-2734 or send email to [email protected].

References available upon request.

Respectfully,
Jeff Rubio
Jeff Rubio
Vice President
13502-H Whittier Blvd. Ste 165, Whittier, CA 90605 * (Phone) 562.201.4036 * (Fax) 562.309.4866 Email: [email protected]
T
STANFORD AVENUE STORM DRAIN REPAIR -27-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT B
EXHIBIT “B”

PLANS AND SPECIFICATIONS
PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (“GREENBOOK”) STANFORD AVENUE STORM DRAIN REPAIR -28-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract.

The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

STANFORD AVENUE STORM DRAIN REPAIR -29-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT D
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

TUNNELWORKS SERVICES, INC.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
STANFORD AVENUE STORM DRAIN REPAIR -30-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
EXHIBIT “E”

PAYMENT BONDS
STANFORD AVENUE STORM DRAIN REPAIR -31-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for the STANFORD AVENUE STORM DRAIN REPAIR PROJECT (hereinafter referred to as the “Project”).

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining STANFORD AVENUE STORM DRAIN REPAIR -32-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

STANFORD AVENUE STORM DRAIN REPAIR -33-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
Notary Acknowledgment
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.

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 of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Tunnelworks Services Inc
Tunnelworks Services: CCTV, Cleaning & Trenchless Lining Pipeline Repair License No.: 963734-A
October 18, 2023 REVISED
City of Stanton
Attn: Manuel Armenta
Project Name: Stanton Storm Drain Lining
Subject: UV CIPP Lining Two Storm Drains
Tunnelworks Services (Tws) is pleased to offer the following proposal to clean, CIPP Line & Post TV (2) 10/16- inch Oval Storm drains near Beach Blvd & Stanford Ave. Includes traffic control setup per standard MUTCD/ Caltrans standards.

Shot #1 – 0+00 to CB-A 35’
Shot #2 – 0+00 to CB-B 55’
Scope of work:

Estimate:

Item
No.

Assumptions:
• Approximately 2 days to complete work.
• All camera equipment conforms to OSHA’s Title 8 Approval Requirements for electrical safety. • Win Can software will be used for inspection reports and video capture (MPEG format).

If you have any questions Please call me at (562)553-2734 or send email to [email protected].

References available upon request.

Respectfully,
Jeff Rubio
Jeff Rubio
Vice President
13502-H Whittier Blvd. Ste 165, Whittier, CA 90605 * (Phone) 562.201.4036 * (Fax) 562.309.4866 Email: [email protected]
T
Attachment: B
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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 28, 2023
SUBJECT: THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL

CONSULTING SERVICES WITH WILLDAN FINANCIAL SERVICES FOR

THE PREPARATION OF AN OVERHEAD COST ALLOCATION PLAN

AND COMPREHENSIVE USER FEE STUDY
REPORT IN BRIEF:

The City Council will consider approving the Third Amendment to the Professional Services Agreement (“Agreement”) with Willdan Financial Services (“Willdan”) for the preparation of an overhead cost allocation plan and comprehensive user fee study. The Third Amendment increases the total not-to-exceed compensation amount by $5,200 from $34,680 to $39,880 (Attachment A). Willdan’s original Agreement was approved by the City Council on January 12, 2021. Willdan used the City’s Fiscal Year 2021/22 Adopted Budget to complete the overhead cost allocation plan and the City’s estimated actual cost for services to calculate appropriate user fees. Due to the delay in completing the project based upon staff turnover, staff recommends updating the calculations to reflect the City’s Fiscal Year 2023/24 Adopted Budget. The cost to update is $5,200.

RECOMMENDED ACTIONS:

BACKGROUND:

On January 12, 2021, the City Council approved an agreement with Willdan for the preparation of an overhead cost allocation plan and comprehensive user fee study.

Willdan completed the overhead cost allocation plan in 2021 using the City’s Fiscal Year 2021/22 Adopted Budget. In addition, Willdan utilized the amounts from the City’s Fiscal Year 2021/22 Adopted Budget to compute the actual cost of services for personnel and Item: 9H
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2 vendors. The comprehensive user fee study was near completion in Fall 2022 when both the Public Works Director and Community & Economic Development Director positions became vacant. The project was placed on hold over the last year as the positions were filled and the new Directors reviewed the information prior staff provided to Willdan. To ensure the most accurate personnel costs are included in the calculations for cost recovery, staff is recommending updating the estimated actual cost of services to reflect the City’s Fiscal Year 2023/24 Adopted Budget. The additional cost for this revision is $5,200.

FISCAL IMPACT:

Funding is available in the Finance Department’s budget from salary savings from vacant positions.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

The City Attorney reviewed the amendment as to form.

PUBLIC NOTIFICATION:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Third Amendment to Agreement for Professional Consultant Services B. Professional Services Agreement (including the First Amendment) 55414.00000\40152681.1

CITY OF STANTON

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Overhead Cost Allocation Plan and Comprehensive Fee Study (“Third Amendment”), is made and entered into on this 28th day of November, 2023, by and between the City of Stanton (hereinafter referred to as the “City”) and Willdan Financial Services, a California Corporation, with its principal place of business at 27368 Via Industria, Suite 200, Temecula, California 92590 (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Professional Services Agreement for Overhead Cost Allocation Plan and Comprehensive Fee Study dated January 12, 2021 (“Agreement”).

2.2 First Amendment. The Parties entered into a First Amendment to Agreement on June 28, 2022, in order to extend the term of the Agreement to June 30, 2023.

2.3 Second Amendment. The Parties entered into a Second Amendment to the Agreement on June 27, 2023, in order to extend the term of the Agreement to June 30, 2024.

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to modify the total compensation of the Agreement.

3. TERMS

3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in “Exhibit C” attached hereto and incorporated herein for reference. The total compensation shall not exceed THIRTYNINE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ($39,880) (“Total Compensation”) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

ATTACHMENT A

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Stanton City CouncilNovember 28, 2023

Stanton City Council
November 28, 2023