Agenda — Stanton City Council, February 27, 2024 (part 1 of 4)

Stanton City Council Agenda Prepared by the Office of the City Clerk February 27, 2024

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, FEBRUARY 27, 2024 - 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.

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: (830 5950 3930) 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/83059503930?pwd=UXdNU2hySGxjK1BBeE9XNFRPWTZIQT09

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 5:30 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].

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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 None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

3. PLEDGE OF ALLEGIANCE

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

5. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation by the Community Engagement Advisory Committee (C.E.A.C), sharing their mission with the City Council and providing information on their current operations.

B. Presentation by Citizens Take Action, sharing their mission with the City Council and providing information on their current operations, campaign finance laws, and transparency in municipal government.

6. 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
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
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RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated January 27, 2024 – February 8, 2024, in the amount of $1,537,850.85.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Special and Regular Meeting – February 13, 2024.
6D. AWARD OF CONSTRUCTION CONTRACT FOR THE FY 2022/23 CITYWIDE STREET RESURFACING PROJECT (TASK CODE 2023-101)
Six bids for the FY 2022/23 Citywide Street Resurfacing Project were opened on February 13, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Onyx Paving Company, Inc. to be the lowest responsible and responsive bid at $1,151,000.

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 FY 2022/23 Citywide Street Resurfacing Project to Onyx Paving Company, Inc. for the bid amount of $1,151,000.00 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and Onyx Paving Company, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract changes, not to exceed 10-percent of the bid amount ($115,100).

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6E. AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON PARK FITNESS EQUIPMENT (TASK CODE NO. 2022-820)
The City of Stanton’s Qualified Contractors List prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes is being used for this public project. A proposal was received to construct the concrete infrastructure and site preparation for the Stanton Park Fitness Equipment Project. Staff recommends a construction contract to be awarded to Aguilar & Calderon, a corporation, in the amount of $42,000.

RECOMMENDED ACTION:

1. City Council declare that this project is categorically exempt under the California Environmental Quality Act, Class 3 and Section 15303 which exempts the construction or new, small facilities or structures; and

2. Award a construction contract for the Stanton Park Fitness Equipment Project to Aguilar & Calderon, a corporation, for the bid amount of $42,000 according to the City’s adopted Uniform Public Construction Cost Accounting Act Municipal Code Section 2.58.010 for this procurement; and

3. Authorize the City Manager to approve contract changes, not to exceed 10-percent of the bid amount ($4,200); and

4. Authorize the City Manager to bind the City of Stanton and Aguilar & Calderon, a corporation, in a contract for the construction.
6F. ACCEPTANCE OF THE 2023 CATCH BASIN SCREEN INSTALLATION PROJECT

BY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
The 2023 Catch Basin Screen Installation Project consisting of the installation of new connector pipe screen (CPS-MODTM) and Grated Inlet Trash Screens (GITSTM) devices in catch basins is now complete. The final construction cost for the project was $42,840, coming in under budget below the contract award amount. The City Engineer certifies that the work was satisfactorily completed as of February 5, 2024 and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(b) as minor alteration of existing public utility; and

2. Accept the completion of improvements for the 2023 Catch Basin Screen Installation Project, as certified by the City Engineer, and affix the date of February 5, 2024 as the date of completion of all work on this project; and Stanton City Council Agenda Prepared by the Office of the City Clerk February 27, 2024

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3. Approve the final construction contract amount of $42,840 with G2 Construction, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to G2 Construction, Inc. in the amount of $2,142.
6G. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23

AND RELATED AUDIT REPORTS
Each year the City issues an Annual Comprehensive Financial Report (ACFR), which summarizes the financial activity of a local government for a given fiscal year in accordance with financial statement presentation requirements prescribed by government accounting standards (Attachment A). The ACFR is accompanied by an opinion from the City’s audit firm. The audit firm’s opinion on the City’s 2022-23 ACFR is a clean opinion, with no exceptions, modifications, or qualifications. (The audit firm also issued a separate report for the Housing Authority’s 2022-23 audited financial statements. The single audit report on Attachment C was required for the Fiscal Year 2022-23 audit because the City spent more than $750,000 in federal grant funds. No findings or questioned costs are identified in this report. In addition, the City’s auditors issue other reports in relation to the City’s audit. These reports are provided in Attachments D and E. (Attachment D, page 6 includes one recommendation from the City’s auditors.).

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. Receive and file the Annual Comprehensive Financial Report (ACFR), and related audit reports.

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6H. RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE ENGINEER TO

PREPARE AND TO FILE A REPORT FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1
As part of the annual update to the Lighting and Landscaping District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2024/25 update.

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. Adopt Resolution No. 2024-04 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2024/25 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025; AND ORDERING THE ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.
6I. REQUEST FOR PROPOSALS FOR PARKING ENFORCEMENT SERVICES The City of Stanton will issue a Request for Proposals (RFP) from qualified parking enforcement service providers for the provision of comprehensive parking enforcement services for an initial two year-term, with two two-year extensions to be exercised at the City’s discretion.

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. Receive and file the report.

END OF CONSENT CALENDAR
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7. PUBLIC HEARINGS
7A. AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF STANTON, CALIFORNIA, ESTABLISHING A TEMPORARY

MORATORIUM ON THE ESTABLISHMENT OF ANY NEW TOBACCO RETAILER

BUSINESS, AS DEFINED, AND TEMPORARY MORATORIUM ON ANY

EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING

TOBACCO RETAILER BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
Due to the continuing need to protect the public safety, health, and welfare of the community from illegal sales of flavored tobacco products, and the comprehensive nature of the necessary review of the applicable Municipal Code regulations including operational standards, zoning regulations, and other pertinent revisions aimed at reducing the unlawful sale of flavored tobacco products, the City Council is asked to consider an extension of the interim urgency ordinance to temporarily prohibit the establishment of any new tobacco retailer business and/or the expansion, enlargement, or alteration of any existing tobacco retailer businesses within the City. The interim urgency ordinance would provide the City with sufficient time to develop new municipal and zoning code regulations. The length of the moratorium would be 10 months and 15 days.

RECOMMENDED ACTION:

1. City Council find that the proposed urgency ordinance is:
a) Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly; and
b) Exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

2. Receive and file the 10-day action report for the conclusion of the 45-day moratorium; and

3. Adopt Urgency Ordinance No. 1139, entitled:
“AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA

ESTABLISHING A TEMPORARY MORATORIUM ON THE

ESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS,

AS DEFINED, AND A TEMPORARY MORATORIUM ON ANY
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EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY
EXISTING TOBACCO RETAILER BUSINESS FOR 10 MONTHS AND 15

DAYS PENDING STUDY AND THE PREPARATION OF AN UPDATE
TO THE CITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT
TO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA”.

8. UNFINISHED BUSINESS None.

9. NEW BUSINESS
9A. INFORMATIONAL REPORT REGARDING RECENT STATE LAWS AND CAMPAIGN

CONTRIBUTIONS
At its meeting on November 28, 2023, the City Council requested an informational report regarding new laws relating to campaign finance contribution limits and revisions to the “Levine Act,” which are Assembly Bill 571 and Senate Bill 1439, respectively. This report provides a summary of each law.

RECOMMENDED ACTION:

1. City Council declare this action categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and

2. Consider a presentation by the City Attorney’s Office and receive and file the report or provide further direction.
9B. AUTHORIZATION FOR MAYOR AND COUNCIL MEMBERS TO ATTEND

UPCOMING MEETINGS AND EVENTS
Pursuant to the City of Stanton Travel and Reimbursement policy, the Mayor and/or a Council Member must receive City Council approval prior to a trip if the trip will exceed $500. Council will consider the following requests for travel:
• Mayor David J. Shawver
o Event: League of California Cities 2024 City Leader Summit o Location: Sacramento, CA
o Dates: April 17 – 19, 2024
• Mayor David J. Shawver
o Event: Southern California Association of Governments (SCAG) 59th Annual Regional Conference and General Assembly
o Location: Palm Desert, CA
o Dates: May 2 – 3, 2024
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• Council Member Donald Torres
o Event: League of California Cities 2024 City Leader Summit o Location: Sacramento, CA
o Dates: April 17 – 19, 2024.

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. Authorize the Mayor and/or Council Member attendance at the proposed meetings and events as desired and authorize staff to make a budget adjustment as needed to cover registration and travel costs.
9C. APPROVE THE BUDGET ADJUSTMENTS PROPOSED FOR THE MID-YEAR BUDGET UPDATE FOR FISCAL YEAR 2023/24
During the course of the fiscal year, it is often necessary to adjust estimated revenues and expenditure appropriations in various program areas, projects, and funds. Revenue for all City funds is increasing by $4.2 million and expenditures for all City funds is increasing by $4.6 million. Nearly half of the revenue increase, $1.7 million, is to adjust investment income due to increased interest earned from the City’s investment portfolio.

In Fiscal Year 2022/23, the City earned over $1.7 million in interest income. This trend has continued through the first half of the current fiscal year. All of the proposed changes to the Fiscal Year 2023/24 Adopted Operating Budget, including detailed explanations, are presented in Attachment A.

General Fund revenue is increasing by $2.1 million, and expenditures are decreasing by $748,425 resulting in a net increase in fund balance of $2.9 million, which will increase the General Fund’s available fund balance to a revised projected amount of $35.8 million by June 30, 2024.

Housing Authority revenue is increasing by $280,000, primarily due to interest income as previously discussed. Housing Authority expenditures are increasing by $4.3 million, primarily for relocation services for residents of the Tina Pacific affordable housing project.

RECOMMENDED ACTION:

2. City Council approve the budget adjustments summarized in Attachment A.

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10. 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.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. 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.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 12C. 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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13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
14A. 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.

15. 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 February, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

January 27-February 8, 2024
Electronic Transaction Nos. $ 1,244,907.87
Check Nos. 292,942.98
TOTAL $ 1,537,850.85
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
3036-3056
conform to the City of Stanton Annual
Budget as approved by the City Council.
137497-137556
Demands listed on the attached registers
Finance Director
Item: 6B
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON FEBRUARY 13, 2024

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 PM)

JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:34 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:35 p.m. for discussion regarding:
4A. 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
4B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 8830 Tina Way, Anaheim, CA (APN 126-481-01)
8840 Tina Way, Anaheim, CA (APN 126-481-02)
8850 Tina Way, Anaheim, CA (APN 126-481-03)
8860 Tina Way, Anaheim, CA (APN 126-481-04)
8870 Tina Way, Anaheim, CA (APN 126-481-05)
Item: 6C
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8880 Tina Way, Anaheim, CA (APN 126-481-06)
8890 Tina Way, Anaheim, CA (APN 126-481-07)
8900 Tina Way, Anaheim, CA (APN 126-481-08)
8910 Tina Way, Anaheim, CA (APN 126-481-09)
8920 Tina Way, Anaheim, CA (APN 126-481-10)
8930 Tina Way, Anaheim, CA (APN 126-481-11)
8940 Tina Way, Anaheim, CA (APN 126-481-12)
8950 Tina Way, Anaheim, CA (APN 126-481-13)
8960 Tina Way, Anaheim, CA (APN 126-481-14)
8970 Tina Way, Anaheim, CA (APN 126-481-15)
8841 Pacific Avenue, Anaheim, CA (APN 126-481-29)
8851 Pacific Avenue, Anaheim, CA (APN 126-481-28)
8861 Pacific Avenue, Anaheim, CA (APN 126-481-27)
8870 Pacific Avenue, Anaheim, CA (APN 126-482-05)
8871 Pacific Avenue, Anaheim, CA (APN 126-481-26)
8880 Pacific Avenue, Anaheim, CA (APN 126-482-06)
8881 Pacific Avenue, Anaheim, CA (APN 126-481-25)
8890 Pacific Avenue, Anaheim, CA (APN 126-482-07)
8891 Pacific Avenue, Anaheim, CA (APN 126-481-24)
8900 Pacific Avenue, Anaheim, CA (APN 126-482-08)
8901 Pacific Avenue, Anaheim, CA (APN 126-481-23)
8910 Pacific Avenue, Anaheim, CA (APN 126-482-09)
8911 Pacific Avenue, Anaheim, CA (APN 126-481-22)
8920 Pacific Avenue, Anaheim, CA (APN 126-482-10)
8921 Pacific Avenue, Anaheim, CA (APN 126-481-21)
8930 Pacific Avenue, Anaheim, CA (APN 126-482-11)
8931 Pacific Avenue, Anaheim, CA (APN 126-481-20)
8940 Pacific Avenue, Anaheim, CA (APN 126-482-12)
8941 Pacific Avenue, Anaheim, CA (APN 126-481-19)
8950 Pacific Avenue, Anaheim, CA (APN 126-482-13)
8951 Pacific Avenue, Anaheim, CA (APN 126-481-18)
8960 Pacific Avenue, Anaheim, CA (APN 126-482-14)
8961 Pacific Avenue, Anaheim, CA (APN 126-481-17)
8970 Pacific Avenue, Anaheim, CA (APN 126-482-15)
8971 Pacific Avenue, Anaheim, CA (APN 126-481-16)
Negotiating Parties: Hannah Shin-Heydorn, City Manager, City of Stanton Hannah Shin-Heydorn, Executive Director, Housing Authority Hannah Shin-Heydorn, Executive Director, Successor Agency David M. Cook and Chaicran Daphnie, Owner
Jennie Trust, Owner
Nga Summer Thien Trang (Trang Trust), Owner
Ngoc Trieu and Andy Pham, Owner
Sky Nguyen / Nguyen Sky SN Living Trust, Owner
Steven W. Reiss Trust (Steven W. Reiss), Owner
Tammy T. Doan and H. Le Harvey, Owner
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Trachy Family Trust (Phillip R. Trachy), Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment. 4C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:45 p.m.

6. ROLL CALL

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

Absent: None.

Excused: None.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:34 to 6:45 p.m.

The City Attorney / Agency Counsel reported that there was no reportable action.

7. PLEDGE OF ALLEGIANCE
Led by Mr. John Warren, Stanton Parks, Recreation and Community Services Commissioner.

8. SPECIAL PRESENTATIONS AND AWARDS
Presentation by Mr. Eric O’Donnell, Deputy Director, Townsend Public Affairs, providing the City Council with an update on State and Federal Legislation.

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

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
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated January 12, 2024 – January 26, 2024, in the amount of $7,985,225.03.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Special and Regular Meeting – January 23, 2024.
9D. DECEMBER 2023 INVESTMENT REPORT
The Investment Report as of December 31, 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 December 2023.

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9E. DECEMBER 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of December 31, 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 December 2023. 9F. DECEMBER 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 December 31, 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 December 31, 2023.

2. Received and filed the General Fund and Housing Authority Fund December 2023 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended December 31, 2023.
9G. RESOLUTION IN SUPPORT OF FUNDING AND AFFIRMING COMMITMENT TO

COMPLETE PROJECTS IN THE FEDERAL TRANSPORTATION IMPROVEMENT

PROGRAM
The Federal Transportation Improvement Program (FTIP) is a short-range program that implements the long-range Regional Transportation Plan (RTP) to improve mobility and air quality. The Orange County Transportation Authority (OCTA) administers the FTIP program for Orange County cities. To help ensure compliance with the requirements of the FTIP program, mainly related to funding constraints, there is a requirement for agencies that have projects in the FTIP to adopt a Resolution certifying that projects requested for inclusion in the program (Fiscal Year (FY) 2024/25 – 2029/30) are financially constrained and that agencies are committed to delivering them.

DRAFT
Joint Regular Meeting – February 13, 2024 - Page 6 of 8

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and

2. Adopted Resolution No. 2024-03 certifying that the City has the resources to fund the projects submitted for inclusion into the 2025-2030 Federal Transportation Improvement Program, and confirmed the City’s commitment to implement all projects submitted to the program, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

WHICH CERTIFIES THAT THE CITY HAS THE RESOURCES TO
FUND PROJECTS IN THE 2024/25 – 2029/30 TRANSPORTATION
IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S

COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE
PROGRAM”.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS None.

13. ORAL COMMUNICATIONS – PUBLIC
Mr. Resident, spoke regarding traffic safety concerns and the NFL Foundation Grassroots Program whom is in partnership with the National Football League Foundation (NFL Foundation) and the Local Initiatives Support Corporation (LISC) who are providing non-profit, neighborhood-based organizations with financial and technical assistance to improve the quality, safety, and accessibility of local football fields. Mr. Resident further stated that the NFL Foundation Grassroots Program provides grants of up to $250,000 and he believes that this would be of great benefit to Stanton Park which is currently underutilized and slowly being destroyed.

14. WRITTEN COMMUNICATIONS None.

DRAFT
Joint Regular Meeting – February 13, 2024 - Page 7 of 8

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Taylor reported on the Orange County Mosquito and Vector Control District’s upcoming open house, which is scheduled to be held on February 15, 2024.
• Council Member Van reported on her and Mayor Shawver’s attendance at the Union of Vietnamese Student Associations of Southern California’s (UVSA) 42nd Annual Tết Festival, which was held on February 9, 2024 – February 11, 2024 and hosted at the OC Fair & Event Center.
• Mayor Shawver congratulated Mr. John Warren on his appointment by the Orange County Board of Supervisors to serve on the Orange County Parks Commission.
• Ms. Zenia Bobadilla, Community Services Director, reported on the City’s upcoming Women of Distinction Awards 2024 event, State of the City 2024 event, and the 2024 Citizen’s Academy community and leadership development program.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
None.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.

DRAFT
Joint Regular Meeting – February 13, 2024 - Page 8 of 8

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Chief Steve Dohman provided the City Council with an update on their current operations.

Mayor Shawver reported on the promotion of outgoing Stanton Chief of Police, Charles L. Walters, Orange County Sheriff’s Department and expressed his wishes for continued success to Chief Walters.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:33 p.m.
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 27, 2024
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE FY 2022/23 CITYWIDE STREET RESURFACING PROJECT (TASK CODE 2023-101) REPORT IN BRIEF:

Six bids for the FY 2022/23 Citywide Street Resurfacing Project were opened on February 13, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Onyx Paving Company, Inc. to be the lowest responsible and responsive bid at $1,151,000.

RECOMMENDED ACTION:

2. Award a construction contract for the FY 2022/23 Citywide Street Resurfacing Project to Onyx Paving Company, Inc. for the bid amount of $1,151,000.00 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and Onyx Paving Company, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract changes, not to exceed 10-percent of the bid amount ($115,100).

BACKGROUND:

On June 14, 2022, the City Council approved a purchase order with TAIT & Associates for design services of the FY 2022-2023 Citywide Pavement Rehabilitation Project in the amount of $110,345.

Item: 6D
Click here to return to the agenda.
2 On May 9, 2023, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications.

A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove’s city limit. In order to fully rehabilitate the intersection, the City Engineer decided to include the City of Garden Grove’s portion into the scope of work for the Project. On August 22, 2023, the City Council approved the Cooperative Agreement between the City of Stanton and the City of Garden Grove.

This Project consists of demolition and removals, clearing and grubbing, roadway modifications, concrete work (ramps and sidewalks), asphalt pavement, signing and striping on the following streets:
• Dale Avenue: Katella Avenue to the railroad tracks
• Katella Avenue: Beach Boulevard to Dale Avenue
• Fulton Way: Rutledge Avenue to End
• Devonwood Avenue: Santa Rosalia Street to Fieldgate Street • Courtright Road: Cody Drive to End
The limits of work on Katella Avenue were reduced by approximately 750 feet (east of Beach Boulevard) fronting 8042 Katella Avenue due to potential redevelopment of that property, which would require trenching the street for utility connections.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on February 13, 2024. Six (6) bids were received and opened as follows:

Rank Company Bid
1 Onyx Paving Company, Inc. $ 1,151,000
2 Sequel Contractors, Inc. $ 1,171,316
3 R.J. Noble Company $ 1,182,420
4 Dash Construction Company, Inc.* $ 1,336,290
5 Hardy & Harper, Inc. $ 1,342,930
6 All American Asphalt $ 1,371,426
*Dash Construction Company, Inc.’s bid submittal had clerical errors regarding their Total Base Bid. The Bid amount listed above is calculated using the unit pricing they submitted. 3 Onyx Paving Company, Inc. submitted the lowest responsible bid in the amount of $1,151,000, which is approximately 25 percent above the Engineer’s estimate of $920,000. Onyx Paving Company, Inc.’s submitted bid shows that the cost for work for the City of Stanton is $1,096,000 and the cost for work for the City of Garden Grove is $55,000.

Staff has reviewed the submitted documents and found that Onyx Paving Company, 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 in April 2024.

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 2023/2024 Amended Budget includes $2,013,050 for this project (Task Code No. 2023-101). The estimated costs to complete the project are presented in the table below:

Description Amount
Construction Contract $ 1,151,000
Contingency (10%) $ 151,000
Inspections/Materials Testing $ 40,000
Total $ 1,342,000
Per the Cooperative Agreement, the City of Garden Grove shall pay the City of Stanton for the cost of the work on the Garden Grove portion ($55,000) within 60 days of providing official final approval of the work.

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. FY 2022/23 Citywide Street Resurfacing Project Contract B. Onyx Paving Company, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 2024 BY AND BETWEEN THE CITY OF STANTON, as City and ONYX PAVING COMPANY, 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
Click here to return to the agenda.

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 One Million One-Hundred Fifty-One Thousand Dollars ($1,151,000.00). 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.

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
FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND
FY 2022/23 CITYWIDE STREET 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 ______________________________ (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 FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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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
FY 2022/23 CITYWIDE STREET 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.)

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.

FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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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
FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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CITY OF STANTON

PAYMENT BOND
FY 2022/23 CITYWIDE STREET 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 ______________________________ (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 FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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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.

FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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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
FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE
FY 2022/23 CITYWIDE STREET 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.

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:

FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
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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: ONYX PAVING COMPANY, INC.

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: ONYX PAVING COMPANY, 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:

FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response lo the Notice Inviting Bids dated December 19, 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 lo construct the Project in accordance with the provisions of the Contracl-Documents,�including all-plans,--specificalions,-andall addenda, and at-the-prices staled 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 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 ii 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 dale of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

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Attachment: B
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Bidder's Name: ONYX PAVING COMPANY, 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 ------------------- 630360
Expiration date ------------------- 10/31/2025
License classification ��-------------- A C 12
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
1/11/2024
2 1/18/2024
3 1/31/2024
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA.
[SIGNATURES NEXT PAGE]
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Bidder's Name: ONYX PAVING COMPANY, 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:

ONYX PAVING COMPANY, INC.
(Company Name)
By _
(Signature)
__,,Y,'---.--------
COREY R. KIRSCHNER
(Type or print name)
CEO,PRES,VP,SEC,TREA.
(Title)

ANAHEIM CA
(Where signed) (City, State)
Dated: FEBRUARY 8TH , 20 ...::;2:..;.4 __
State of lncorporation:_C_A_L_IF_O_R_N_IA _____ _
Bidder's Business Address:
2890 E LA CRESTA AVE
ANAHE IM, CA 92806
(If the Contractoris a corporation, two signatures of corporate officers are required.) Names and addresses of all partners or joint venturers:

ONYX PAVING COMPANY, INC. - CORPORATION
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA.
2890 E. LA CRESTA AVE. ANAHEIM, CA 92806
Statement of the authority of signatory to bind Bidder:

PLEASE SEE ATTACHED REFERENCES.

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Rev. 2 (01-31-2024) Bidder's Name: ONYX PAVING COMPANY, INC.

ITEM
NO.

A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-11
A-12
A-13
A-14
A-15
A-16
A-17
A-18
A-19
A-20
A-21
BID SCHEDULE A*
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT

DESCRIPTION QTY
Project Mobilization, Demobilization, &
Cleanup (Not to Exceed 5% of 1
Construction Costs)
Surveying & Monument Preservation 1
Traffic Control & Noticing 1

1.5" Uniform Depth AC Cold Mill 350,000
Crack Seal 350,000
Construct 1.5" ARHM Overlay** 2,700
Local Pavement Removal & Replacement
- Mill & Remove 7.5" of Ex. AC 4,700 PavemenUBase, Construct 7.5" Thick AC to Surface
Remove Existing & Construct New ADA 3 Compliant Curb Ramp Remove & Reconstruct 4" PCC Sidewalk
to ADA Standards, Prune & Remove 500 Conflicting Roots, Coordinate with City Arborist
Remove Existing & Construct V-Gutter. 100 Gutter Width to Match Existing.

Remove & Replace PCC Driveway.

Driveway Thickness, Curb Height & Gutter 95
Width to Match Existing.

Construct 1.5" FRAC Overlav 800
Adjust Sewer/Storm Drain Manhole Frame
& Cover to Grade 35
Adjust Water Valve Can & Lid to Grade (By
Coordination) 48
Adjust Ex. Electric Manhole or Vault Frame
& Cover to Grade (By SCE, Coordination 1
Only)
Adjust Water Manhole Frame & Cover to
Grade (By Coordination) 5
Install Advanced Detection Traffic Loop 24 Detector, Type E, or Type E (Modified) Traffic Signing, Striping, Markings & 1 Legends
Encroachment Permits (Caltrans + City) 1
Union Pacific Railroad Maintenance
Consent/ Contractor Endorsement 1
Reauirements***
Union Pacific Railroad Maintenance 1 Consent Administrative Fee*** UNIT

UNIT PRICE
QTY (Numbers)
LS $41 :;,95 )
LS $21,000
LS $12.� 000
SF $ O.'?'?
SF $ o.os
TON $ I y9,
SF $ l'i
EA $ '\
}
>00
SF $22
SF $55
SF $4�
TON 11> 14't>
EA $700
EA $700
EA $ 700
EA $ 100
EA $SOO
LS $�0000
LS $ loJOoo
LS $9)
00<::i
LS $ 1,025.00

ITEM COST
(Numbers)
$1../'YJ ,cis
$21,000
$ ,z-,,ooo
$115)
500
$ 10500
$ :,<�9,bOO
$6S'b00 '
$ 21>/600
$llpao
$ �
} soo
$1-//60
i�ll <b L./oo
$ 2
lJ
)
500
$ ';'3},60
$ 700
$500
$12 000
}
$30000
$ 1opoo
$9)
000
$ 1,025.00
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Rev. 2 (01-31-2024) Bidder's Name: ONYX PAVING COMPANY, INC.

BID SCHEDULE A*
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
UNIT

ITEM DESCRIPTION QTY UNIT PRICE ITEM COST
NO. QTY (Numbers) (Numbers)
A-22 Electronic Changeable Message Board 120 DAYS t1ou $12)000 Rental & Proarammina****
$I ) CJ9b) 000. 00
and zero
BID SCHEDULE B**

GARDEN GROVE PAVEMENT
UNIT

ITEM DESCRIPTION QTY UNIT PRICE ITEM COST
NO. QTY (Numbers) (Numbers)
B-1 Project Mobilization, Demobilization, &
Cleanup (Not to Exceed 5% of 1 LS $2) :,7b $ 2}7'o
Construction Costs)
B-2 Surveying & Monument Preservation
1 LS $ t>J
OOO $ 1opoo
B-3 Traffic Control & Noticing
1 LS $22poo $ 2 2)
000
B-4 1.5" Uniform Depth AC Cold Mill
9,800 SF $0.3) $ :,)
23'1
B-5 Crack Seal
9,800 SF $ a.OS $Y9O
B-6 Construct 1.5" ARHM Overlay
100 TON $ \Y<(i $ l'-l/600
B-7 Adjust Ex. Sewer/Storm Drain Manhole
Frame & Cover to Grade 4 EA $ 700 $2/t>OO
B-8 Adjust Ex. City of Garden Grove Water
Valve Can & Lid to Grade 4 EA $ 700 $ 2, ioo
B-9 Adjust Ex. Gas Valve Can & Lid to Grade
(By Coordination) 3 EA $ IOO $ '300
B-10 Adjust MWD Manhole or Vault Frame and
Cover to Grade (By Coordination) 2 EA $ /00 $2.00
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Rev. 2 (01-31-2024) Bidder's Name: ONYX PAVING COMPANY, INC.

Z 1"0
• Additional details about items of work included in each bid item can be found in Section 7-3.1 of the Special Provisions.
**Paving shall occur within the week of grinding.
***Details regarding requirements for work on Union Pacific property and the Maintenance Consent Letter / Contractor Endorsement can be found in Section 6 - General Provisions and also Section 7-3.1 of the Special Provisions.
****CONTRACTOR shall make up to 4 electronic 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. 4 message boards x 30 days = 120 days). CONTRACTOR shall honor unit prices regardless of the number of boards and days used. See Section 601-3. 7 of the Special Provisions for more information.

Utility Adjustments will be performed per SPPWC standards or coordinating with the respective utility company. If the quantity of utility manhole/valve adjustments differ onsite from the bid schedule, then the unit pricing shall be used.
and zer-o

THE BASIS FOR AWARD OF CONTRACT SHALL BE THE CONTRACTOR'S BID SCHEDULE A+ B, 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 we
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.

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Rev. 2 (01-31-2024) Bidder's Name: ONYX PAVING COMPANY 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).

Name of Bidder ONYX PAVING COMPANY, INC.

Signature Y pr
Name and Title COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA.

Dated 2/8/2024
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Bidder's Name: Onyx Paving Company, Inc

BID GUARANTEE

BID BOND
[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, Onyx Paving Company, Inc. ' as Principal, and SiriusPoint America 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 February 13th , 20 �. for FY 2022/23 CITYWIDE STREET RESURFACING 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 7th day of February , 20�. the name and corporate seal of each corporation.
{Corriora!e Seal)
(Corporate Seal)
Onyx Paving Company, Inc.

Contractor/ Principal
By IY
Title c()y(j t. /:::iruhntY - C&J,
Pr�S.

SiriusPoint America Insurance Company
;:

Title �� Christina Rogers, Attorney-in-Fact
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Bidder's Name: Onyx Paving Company, Inc
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 Name(s) of Signer(s)
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.

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
□ Individual

DESCRIPTION OF ATTACHED DOCUMENT
o Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s)
□ Guardian/Conservator
□ Other:

Signer is representing:

Title(s)
□
□
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.

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Bidder's Name: Onyx Paving Company, Inc
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 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.

See Attached Required California All-Purpose Acknowledgment 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
□ Individual
□ Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s)
□ Guardian/Conservator
D Other:

Signer is representing:

Title(s)
D
D
Name Of Person(s) Or Entity(ies)
Limited
General

DESCRIPTION OF ATTACHED DOCUMENT
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 the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

State of California
County of _____ ___;O::..cr...::a"-'n""g-=-e ____ _
On --�E-e-b�ru�a....,ry,_,_7....,, 2�0�2�4�_ before me, -------"'C""arl '-'-' '.J...y...,,B"-re"'"'d,,,.,a""'I'-'. N'-'-"'-ot.,.a'-'-.ry.....,_Pu.,,_bl ..,,..,ic'------- Date Here Insert Name and Title of the Officer personally appeared _,C""or""-"e'-J..y--'R�.--'K�i"-'rsc.,_.,h,,_,.,_n,.,,e'-'--r--------+-------.----------- Namejt{of Signerrjl
who proved to me on the basis of satisfactory evidence to be the person(s:) whose name(� is/a¥e subscribed to the within instrument and acknowledged to me that he/sli(e/tooy executed the same in his/her/their authorized capacity(i�). and that by his/1,gr/tooir signature(s:) on the instrument the person(�. or the entity upon behalf of which the person(s:) acted, executed the instrument. eee:eeeee
CARLY BREDAL �
Notary Public - California z
Orange County i!;'
Commission ii 2442539
-
y Comm. Expires Mar 28, 2027
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ 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: ______________ _
Signer Is Representing: _________ _
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 ____ _.._E .... E.... BLJ<O_· '-1-Z_,.
ffl�._, ___ , before me, __ A_l_be_rt_M_e_le_n_d_ez ___ __,___,N'--'-ot==ar"'-y'--"-Pub= l=ic==, personally appeared Christina Rog
e
rs
who proved to me on the basis of satisfactory evidence to be the person(K) whose name(:is) is/ate subscribed to the within instrument and acknowledged to me that b'e/she/t�y executed the same in }}l{s/her/tWeir authorized capacity(i..-:s)
, and that by ms/her/tlreir signature(S9 on the instrument the person(�, or the entity upon behalf of which the person0{) acted, executed the instrnment.

I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
ft e, e et e e ft e ft ft e •i
� ; ' , No��E
P�b�:L
��i�!rnia z
i :;:e ;, Orange County �
� " Commission :: 2391461
t',. •' /II.� C.:Jmrr:. Ex:iire-s Jan 23, 2026

PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.

StGNATURE __ --Jb�tp
----1-Jbl----,,./_<---_· _ _
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 lo another document.

Description of attached document
Ti tie or type of document: __________________________ _ Document Date: __________________ Number of Pages: _______ _ Signer(s) Other than Named Above: _____________________ _ PERT AM0I 0823

POWER OF ATTORNEY

SIRIUSPOINT AMERICA INSURANCE COMPANY

NEW YORK
K.i�OW AU_, !\IEN R\' TIIESE PRESE�TS: Thnl SiriusPoint Amcricn lnsurnncc Compnny, a New York corporation, having ils principal office in the City of New York, pursuan1 to the following Rcsotu1ion, which was adopted by the Board or Directors of the Company, 10 wit:

RESOl,VEO, that the P1cside111, Senior Vice Prcsitlcnl, Chief Fin.tncial Oniccr, Sccrcl:try or Assistant Secretary is hcrchy alllhorizcd to execute Powers of Allomcy appointing as attomcys-in-fo.ct selected employees of certain surety comp:mics who shall have the power for and on behalf of lhe Company to cxcculc and affix the seal of the Compan}' to surety contracts as co-surety.

Docs hcrchy 11omi11atc, co11s1i1111c and appoint:

Albert Mclcn<lcz, Chrislina Rogers. Erik Johansson, Jenni for Anaya. Joaquin Perez. i\folissa Lopez 11s tmc and lawful a11orncy.jn.fac1, 10 make, execute, seal and deli\'er for nml on i1s behalf, n11d as ils ac1 and deed; any and all lx>r1ds, co111rnc1s, agrccme111s or indcmnily, and other undcr1akings in surct}•ship (NOT INCLUDING bonds wi1hou1 a fixed penalty or finnncial guarantee bonds) and to bind the Company thereby as fully and to the same extent as if same were signed by 1hc duly authorized oniccrs of the Company, pro\'idcd, however, I hat lhc pcunl sum of 311}" one such instrument execu1ed hereunder shall 1101 cxcccd the sum of:

S50,000,000 single bond limit
All acls of said auomcys-in-fact pursuant to the authorities herein given arc hereby ralified and confirmed. ll1e e:a;ecutive orftcers listed above in the Resolution may lto111 lime to 1imc aud at any lime remove any such ap1>0intcc and revoke 1hc power given lo him or her.

The execution of such bonds or undertakings in pursuance of lhese presents, within one year of the dale of issue of 1hese presents, shall be binding upon said Company, ns fully and ampl)', lo all intents and purposes, as ifll1ey had been duly c:a:eculed and acknowledged by lhe regularly elected officers of the Company .11 its office in New York, New York, in !heir own proper persons.

IN WITNESS WHEREOF, SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affi:a:cd, and 1hcsc presents lo be signed by ils Secretary this 171h day of August in the year 2023.

Slate of New Jersey }
Cou111y of Monmouth
l ss.

On this 17111 day of Augusl 2023, before me, a Nolary Public of lhe Slate of New Jersey in and for lhe County of Monmouth duly commissioned and qualified, came Melissa J. Ralph, Secrelary, ofSiriusPoint America Insurance Company, to me personally known lo be the individual and officer described in, and who cxecUlcd the preceding instrnmcnt, and acknowledged the execution of the same, a,1d, being by me duly swo111, deposeth and saith, that she is the oniccr of the Company aforesaid, and 1h,11 the seal affixed 10 the preceding i11s1n11ncn1 as 1hc corpora1c seal of said CompilO)', and the snid corpora1e seal and her signature as officer were duly affi;(ed and subscribed tu the said instmmcnl by the au1horil>• and dircc1ion of lhe said Company, rc!Crrcd to in the preceding instrument, is now in rorce.

IN TESTli\10'.'l\' WHEREOF, I ha\'C hcrcunlo set my hand and alli.,cd my oflicial seal.

S1a1e of New Jersey
Counly of Monmouth

TNAEJA E LEWIS-SCOTT

NOTARY PUBLIC

STATE OF NEW JERSEY
t.f'/ COMMISSION EXPIRES MARCH 31. 202B
COMMISSION: #50208541
'11, )...OZ..�
I, Melissa J. Ralph, Secretary, ofSiriusPoint America Insurance Company, a New York corporalion, do hereby ce11ify that the above and foregoing is a full, uue correct copy o(Power of At1omcy, is slill in force and effect and has no1 been revoked.

IN WITNF.SS \\'HF.RF.OF, I have hereunto set my hand and a nixed the seal of said Compan)' lhis 7th day or , February, 2024 �IJ�\ .�JC? -
;11,�J
Secn.:tary
Ralph li r_'/1.....___
#.), APPLIED ��E
E\Y

WRITERS
'411'e
10805 Old Mill Road
Omaha, NE 68154
September 6, 2023
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:

The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond.

Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature.

If you require further verification you may email our Home Office Underwriting Center at [email protected]
In Witness Whereof, this has been executed by the President, Applied Surety Underwriters for Siriuspoint America Insurance Company.

Thank you for your continued business.

Sincerely,
Joshua C. Betz
President, Applied Surety Underwriters
Bidder's Name: ONYX PAVING COMPANY, 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.

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
Work to be Subcontractor Business
done by
Subcontractor
Sv.rvey C""se L.o. .. J Or)e1 CA
5w1.rvey:t-..1
s+r;pi�, J&5 S+qp;"'? O,._ta.riO) CA
CSLB
Contractor
License No.

L5Y IISu.rve.1
or
s-3i2I1
DIR
Registration
Number
/0000015'3'3
I OC.COo b912
P-I1
Bidder's Name: ONYX PAVING COMPANY, INC.

Portion of Name of Location of CSLB DIR
Work to be Subcontractor Business Contractor Registration done by License No. Number
Subcontractor
U...J.i/i-1-;es EBS U.U:t:es Coro�} CA 9',279i 1000001-{2<b6 A�\.>5+i� At�+'"j
C r�ck Seo_.l P�ve,-e,,A f<el�b A ... ".Jei�) CA lo5n?Y / 0 ()C>Olff'b2'3 G�F"Y
Tro-+.(;G Leiaf5 cPf;>I�. Le.. Pi..er.-le1 CA 7')3907 1oao-;7760'l P-12
Bidder's Name: ONYX PAVING COMPANY, 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: ONYX PAVING COMPANY, INC.

2.0 Type, if Entity: _C_O_
R
_P_O_R_A_T_IO_N __________

3.0 Bidder Address: 2890 E. LA CRESTA AVE. ANAHEIM, CA 92806 NIA
Facsimile Number
[email protected]
Email Address
714-632-6699
Telephone Number

4.0 - -How-many -years-has Bidder's organization been in business as a Contractor? 33YEARS

5.0 How many years has Bidder's organization been in business under its present name? 33 YEARS

6.0 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:

6.2 State of Incorporation:

6.3 President's Name:

6.4 Vice-President's Name{s):

6.5 Secretary's Name:

6.6 Treasurer's Name:
02/15/1990

CALIFORNIA
COREY R. KIRSCHNER
COREY R. KIRSCHNER
COREY R. KIRSCHNER
COREY R. KIRSCHNER
P-13
Bidder's Name: ONYX PAVING COMPANY, 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:

N/A

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

NIA

10.0 What type of work does the Bidder normally perform with its own forces?

ASPHALT PAVING

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

N/A

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:

N/A

13.0 List Trade References:

ALL AMERICAN ASPHALT

RJ NOBLE
P-14
Bidder's Name:ONYX PAVING COMPANY, INC.

VULCAN MATERIALS COMPANY

14.0 List Bank References (Bank and Branch Address):

BMO
4501 E. LA PALMA AVENUE ANAHEIM, CA 92807

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

SiriusPoint America Insurance Company
1 World Trade Center 285 Fulton Street, 47th Floor Suite 47 J New York, New York 10007 Performance Bonding Surety & Insurance Brokerage
15901 Red Hill Avenue, Suite 202 Tustin, California 92780 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
--- --- - ---
P-15
I
Bidder's Name:ONYX PAVING COMPANY, INC.

LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project
--- ..

Client
Reference
(agency
name/contact
info)

PLEASE SI
--- -
Description of
Bidder's Work

EATTACHED
-· ---- - .

Completion Date

REFERENCE
---- - -
Cost of Bidder's
Work
�-
-
P-16
Bidder's Name: ONYX PAVING COMPANY, 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)
PLEASE SI .,E ATTACHED REFERENCE 6. ..

P-17
Bidder's Name: ONYX PAVING COMPANY, 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 REFERENCES.

2. Summarize each person's specialized education:

PLEASE SEE A TT ACHED REFERENCES.

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

PLEASE SEE ATTACHED R.EF-ERENCES .•

4. Summarize such experience:

PLEASE SEE ATTACHED REFERENCES.

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:

PLEASE SEE ATTACHED REFERENCES.

P-18
Bidder's Name: ONYX PAVING COMPANY, INC.

NON-COLLUSION DECLARATION
The undersigned declares:

I am the CEO, PRES, VP, SEC, TREA. of __
o
_
N
_
Y
_
X
_
P
_
AV
_
IN
_Gc_o
_
M
_
P
_
A
_
N
_
Y
_
I,
_
Nc_
. ___ , 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 2/8/2024 [date], at ANAHEIM [city], CALIFORNIA [state].

Name of Bidder QNYX PAVING COMPANY, INC.

Signature /Z
Name COREY R. KIRSCHNER
Title CEO PRES VP SEC TREA.

P-19
Bidder's Name: ONYX PAVING COMPANY, 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: ONYX PAVING COMPANY, INC.

DIR Registration Number:_1.:....::0::..::0::.:::0:..:::0..:::.0_,_4 7-'-'9"-'8=-------- DI R Registration Expiration :_,,0,.,.6cw/3.,_,0.,_,_/...._20""2..._4.:1.-____ _ Small Project Exemption: __ Yes or� 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 ONYX PAVING COMPANY INC.

Signature_. ;_/_· ___________________ _
Name and Title COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA.

Dated 2/8/2024
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-20
Bidder's Name: ONYX PAVING COMPANY, INC.

CITY OF ST ANTON

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Sections 2202-2208)
FY 2022/23 CITYWIDE STREET 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 .Qlli! 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) ONYX PAVING COMPANY, INC. 33-0394344
By (Authorized Signature)
)/
Printed Name and Title of Person Signing V
COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA.
-i
Date Executed Executed in
2/8/2024 ANAHEIM, 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.

II Bidder Name/Financial Institution (Printed)
II By (Authorized Signature)
Printed Name and Title of Person Signing
-
Federal ID Number (or NIA)
---
P-21
Bidder's Name: ONYX PAVING COMPANY, INC.

CITY OF STANTON

SUFFICIENT FUNDS DECLARATION
(Labor Code Section 2810)
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
(To be executed by bidder and submitted with its bid)
Owner: City of Stanton
Contract: FY 2022/23 CITYWIDE STREET RESURFACING Project I, COREY R. KIRSCHNER
' declare that I am the CEO, PRES, VP, SEC, TREA.
{insert title] of ONYX PAVING COMPANY 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 ONYX PAVING COMPANY, INC. [the entityJto comply with all local, State or Federal labor laws or regulations during performance of the Contract, including payment of prevailing wage, and that ONYX PAVING COMPANY, 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 FEBRUARY 8TH 201i.___, at ANAHEIM [City], CA [State].

Date: 2/8/2024
Sig/4ature
Print Name:

Print Title:

COREY R. KIRSCHNf.R
CEO, PRES, VP, SEC, T�EA. ____ _
P-22
aeemeNg�s
PROJECT NAME, CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS
APPRQX.IMATE CONSlRUCTJON OATES;FEB 20,22-'. NOV 2022
CONSULTING COMPIINY,CJTY OF DANA POINT • 33282 GOLDEN LANTERN, DANA POINT, CA 92629 CONTACT·PERSON:SCOJT.FISHER.760'814·7226
ORIIIINf\LCONrRACTAMOUNT: $1,595,000.00
FINAL CONTRACT AMOUNTr$1,3l4,li7B,59
IF Fll'JAL AMOUNTIS DIFFEllENJfROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHl!OUL� QUANTITIES
DID THE AGENCY FILE ANY CIAIMS AGAINST YOU? ND
PAciJECtNAME: PALISADES PAI/EIIIENT REPAIR, CC-07
.. P.llQlli,<ffcJ:JJS.\:.iji.PJJQN.1,eAYIMgNJU{EeAI�_ ...

APPRQJ<JMATECONSTRUCTION •OATES: Sel> 2022
AGENCYt CITV OF LAGUNA NIGUEL· 30111 CROWN VALLEY PARKWAY, LAGUNA NIGUEL, CA 92677 �ONTACT PERSON: JEff MtT.Z 949•362-4344
ORIGINA!, COf'/TRACTAMOUNT:$292,000.00
FINAL CONTRAcl' AMOUNT: $199,999.65
IF FINAl AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPIAIN: FIELD QUANTITIES DIFFERED FROM BID SCHl:0:ULE QUANtmas,
DID THE AGENCY FILE ANY CLAIMS AGAINST YOU7 NO
PRO)ECJNAMEl 2Pfl1·2022PAVEMENT REHABILITATION PROJECT
PROJECT OESClllPtlON: VARIOUS MVEMENT .REHABILITATION & CONCRETE IMPROVEMENTS APPROXIMATE CONSTAUCTION OATES:N0ViOt2 •MARCH 2023
AGENCY: CITY OF ARCADIA -:-240 W, HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PER�ONdAN BAlANAV 626-:!54-2726
ORIGINALCONJllA�T AMOUNl'i $1,727,000.00
FINAL <;ONTRACT AMOUNT: $1,899,698.12
IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PIEASE EXPLAIN: AGENCV HAD ADDITIONAL SCOPES OF WORK, DID THE AGENCY FILE ANY CIAiMS AGAINST YOU? NO
ONYX PAVING COMPANV,JNC.
2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806-TEL (714) 632-6699-FAX (714) 632-1883 PROJECT NAMEI 2020 RESIDENllAL'srneer REHABILITATION PROJECT PROJ,f CT DESCRIPTION I Cll'/WIOE STRE 6T IMPROVEMENTS
APP.ROX!t,MiT.ECON,StRU<iTIONllATESt ,JIJLY'202l • NOV 202.l AGiNCVi CITVOF SOUTHELMONT£ • 141S $1\NTAANITAAVE, SOUTH ELMONTE, CA 91133 tlONTACTPERSON:, OKAN DEMIRCI • 714•319;6137
ORIGINAL CONT.R/1.CTAMOUNT: $614,000.00
FINALCONTRACTAMOUt•ltl
$706,010.03
IF FINALliMOIJNT 1$ OlfFERENT FROMORIGINAL AMOUNT, PLMSE EXPLAIN: SCOPES Of WORK AOOED fS/ AGENCY
DID YHE,AGENCV FILE ANV CLAIMS AGAINST VOU? NO
Plt(mcr NAME: RESIDENTIMIS1'REET PAVEMENT REHABILITATION PROJECT, AREA 8 P!!Qlf�t:011s,RL!rrl<>NtSTREUIMPJIOVEME/liTS•.

APPllOXIMATE CONSTllUCTION llATES:lULV 2022 � OCU022
A<IENCY: CITVOF PbWNEV- l11UllROOKSHIRE AVE, DOWN EV, CA 90241 CONTliCHERSON: om GUTIEBREZS62-622•3468
oR1GrNii1. coNmAtrAMollNr: S3;n1,oo.oo
l'INALCONTIIACTAM0UNT:S3,SS3,442,43
IF FINALAMOUNTIS 'IJIFFERENt FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM

BID SCHEDULE QUANTITIES
010 THE AGENCY EfL�ANY CLAIMS AGAINSTYOU? NO
PROIECTNAME,SO8O8ASTREETRESURFACINGPROJECT
PROIICT DESCRIPrfON: STREETREHAllllllTATION ANP RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: AUG 2022- OCT 2022
AGENCY: RIV�RSIDE <:DUNT'/ TRANSPORTATION DEPARTMENT- 3525 14TH STREET, RIVERSIDE, CA 92507 CONTACT PERSONITRALNGUVEN ,9Si•96J.5363
ORl<ilNAlCONTRAtlAMOUNTI $1,:in,Odo.oo
FINA� l:DNrRACTAMOIJNT1 $1,160,284.10
IF FINAL'1,MOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM

BID SCHEDULE QUANTITIES
DID THE AGENCV me ANY CLAIMS AGAINST VO�,til,YJ! PAVING COMPANY, INC. 2690 EAST LA CRESTA AVE, ANAHEIM, CA 92806 � TEL (714) 632·6699 � FAX (714) 632-1883 PROJECT NAMEl2019/20 ARTERIAL AND. MINOR STREE•TS MAl/'lfEt,IAN CE PHASE2 Pll()JECTDESCI\IPTl()Nr<:ITVWIOESTREET IMPROVEMENTS
APPROXIMATE CONSTRUCTION PATES1DEC 2.021- NOV 1022
A!.lJ;NCV1CIJYQf.ijlVtRSlbE. �390QMAl.!'(�J,J!\IERSJJ)f,·CA9ajg1 ...

C()NJACTPERION1$tEVrN .HQWAl!ll9Sl•826.•5311
ORl<llNAiCOl'lti\ACf AMOUNT• $4,S8S,OOQ,oo
FINAL CONTM.!:t AMOUNT! $4;558,151,40
IF FINAL AMOUNT IS DIF�ERENT FROM 0.RIGINAL AMOUNT, PLEASE EXPLAIN: FIELO QUANTITIES DIFFERED FROM BID

SCHEDULE QUANTITIES
DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO
PllOi�CT NAl\'l�l'l'Y292:l.·22 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PRO/ECLDESCRli>TIONWAlllOUS STREEJ IMPROVEMENTS
APefflii>/IMAtE.:JlONSTRUCTION-llATES, IUNE. 2022 • SEP2022 ... , ... ·•-�0•- AGHNCYICITrOFTllSTIN .300.ceNTENNIA� WAY, TUSTIN, CA 92780 coNrMTPBl!SONI JOANN WUii4-S73•3157
0Rli3lNALJiQI.Jl'RAhAMOUNn $2,442,000.00
FINALCONTRACTAMOU.NTI $2,413,734.93
lrFINALAMOl/NtlS DlfFERENHROM{)AIGINI\LAMOUNT, PLEASE EXPLAIN, FIELD QUANTITIES DIFFERED FROM

BID SCHEDULE QUANTITIES,
DID THE AGENCY FILE ANY CLAIMS AGAINSTYOU7 NO

ONYX PAVING COMPANY, INC,
I
f
.1
I
2890 EAST LACRESTAAVE1ANAHEIM, CA 92806 -TEL (714) 632°6699 - FAX (714) 632-1883

LARGE PROJECT REFERENCES
PJU)JECTNAME:.CULVER DRIVE IMPROVEMENTS FROM WAlNUT AVENUE TO l•S FREEWAY PROJ.ltC::TDESC1llPTION1 STREET JMPROVEMfNTS
.APIIRl;!XIM/ITE CONSTfl(/.CtlQN DATES:SEPT zo2i.� JAN 20ia CQ�SIJLTING:COMPANVrCITY OF'IBVINE • 6427 OAK CANYON, IRVINE, CA 92618 .

CONTA�rPlR&Ofl:}'MHAOMLoURCHI 949•724·6689
OR[(lli'o/A� COl\iTRACT AMOUNT: it,617,000,00
FINAL CONTRA.er AMQUNT:$1,704,a(l8.S9
IF FIN(ILAMO�NTIS.OlfFERliNHROM OlllGINALAMOUNT,PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SC!lliDI/LrQ\/ANTfflES
DID THE AClENCV FILE ANY CLAIMS AGAINST YOU? NO
PROJECT NAME: l'ffASING GA· RESIDENTIAL STREET REHABILITATION RROlEC�·D.ES%Rll'T1()N1 STRliET IMPROVEMETNS .···•• · "' •·· • - Al!i'l!OlllMtitE CQNSTRUCTIONDATl!S:.

CONSUJ:irfNG COMPANY: CITY OFLA MIRADA• lSm PHOEBE AVE, LA MIRADA, CA 90638 CO.N:rA<:TPERSON:ERIC VILLAGRACIAS62•902·2373
OIIIGiNA�CONT)IACT AMOUNT: �,242,000,00
l'INAtc()NTRAClAMOUNJ: $4,5241646,67
IFFJNAL.l(MOUl'lJISOiFFEl!ENTFHOM()RIGINA�I\MOUNT, PLEASE EXPLAIN: SCOPES OF WORK CHANGED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST VOU1 NO
PRO)l!CTNAMEI RO.Cf!ESTEI! i\VENUE PAVEMENT REHABILITATION Pl!OJECT•D!lSCRIPTION:5TI\EeTIMPROVEMENjS
AP!lllOXiMliT6CONS.TRUCTION DATES: MAllCH 202i•AUG 2022 AGENCX: CITYOrMNCHO·CUCAMONM• 10500 CIVIC CENTERORIVE, RANCH CUCAMONGA, CA 91730 CONTACT PERSONr
.ROMEO DAVID �09-774-4070
ORlllfiNAkCONTR�qAMOUNTJ·.$:11727,000,00
FINl!.L.!=ONT�I\Ctlifl/lOUNt;$1,714,7ai,1;
IF flN,t\L A.MOUNTIS UlffERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID

SCHEDULE QUANTITIES
DID THE AGENCVFILE ANY CLAIMSAGAINSTYOU1 NO
ONYl(PA\/ING COMPI\N\', il'JC,
2890 EAST LA CRESTA AVE, ANAHEIM;CA 92806-TEL 1714) 632-6699-FAX 1714) 032-1883 Bllf!eR.NCil§
• !,ENliBAf. CQNI!lACTORSt JOils PERFQl!MJ!b: lQCAtloN:
• #ullir,iiitonsfruttlon •••••
••••••••••••••••• ••••• centerjfotntii •
•
•
•• 1VJore110Va11ey
172111>,··Grffl Ave, Sy�aniore Hl!f, Park RIV!!rslde
Ontarle; Cl\91161 l!IIIWllOlltlofer RMch Ontario
Phrll0.ll•947•9467 lntorchango A·E San Bernardino
Paxi90ll•S47.a910 San Mfch�lle Logistics Moreno Valley
COl!liil)lr¢/\$ey.J1mes 'rlirra lll'Mcescq Ontario
KaWilst,IM,
eon:orporat� �tt, Or, w< fir
M1mtarey0Park, CA,9174
Phi 1123,2119.ooio
Fx: 3�•Z!¼3•4!l76
Oontact: MatthewVawter
GMC l!ngtn11erl11g, In�.
141.)1 \.Varner Ave
'rust111, CAlll1llP
Ph: 1t;0444-li13
fx1714•247•1041
Cpn\act:<i!�nnadv
tu&ardl tonstructloll
1$70 llndil lllstaOr.
:San Mt(rcos,Cl\9�064
Phr 160.74ir,at33
Fax; 1�11,144,9:064
Coil;ta.et'Scou Staley
BP ll!illneryMahilenanc,rShop Car60li
Romoland
FeOllX -Ctay Met� SMOiel!O
Team\'il!Hau O�flllrd
Ed!ie at c�mtlu.s El S11gundo
CilflffllX .Oimard
Seabrldge Oxn�rd
Oi'J.VKMYINGCOMPANV,INt.

AMOUNT:
••• $&,11ll!i!/l4;bl) •••••••
$999,YOSJl0
$603,600,00
$1,2as,,is,oo
$670,674,00
$524,216,0Q
$l;BB5,530.00
�66�,075,00
$5<11,aas;on
$606;443,0Q
$!l2M6o.oo
189ClEAST LACRES'rA AYE,ANA!-ltlM, CAc92806~ Tel{t14}u81<6699 - FAX(714) 692·188a tliltsen <lllilljlany,.1LC
1tllot exi,osltlon Blvd
.... �<1sAng11l�t, CA$Q064
Ph: i10'820•l200
fx:a10,s:zo-1izs
QmtMll !;hrls Fahey
ARCO l\llllfona1 0C:U1$b!letllln co.
900N,liotkHfllKl:I
St, 1Atil,,Mi:ltinl9
l'h:314•9.69-071.S
Fx:U4,9l!il.<7114.

Cl>!!t��t: CltrlsWllsoh
Grant G111wal to11tr11ctQr�
50!!lAYl)nldil Encinas
<;µrf11>ad,·c119;2Qos
l'b: 760•4iam;oo
FXt 760,.1168•3056
Contl!etlhte 13urrows
Whllt{ar Ar�a Commu»ltv
Church
ttevfer 13MW
Burbank
Whittler
SMta Aha
tlNYKf>iWING COMMNV,JNC,
$6�$,920,00
$�0,600,00
2690eASHA CBESTA AV�,ANAltEIM, CA 92l!06-T£L(714}632�699- FA¾ (714) 6$2-1883 GMi:llNGINEllfllNl'l,INC,
140a Warner Ave, Ste �.

Tu�llil1 .CA!l27B0
Phl ?J.4•241,i(l40
�x: tiil!'mi�xou
®l'ltiictr<ll!ollad\' Chl21k
R,t>"C:f�bN¢GN$TRV�ITON,.l!VC,
•:ig�11•MJfrrStreet;!116'Fl(ll)r·
ll'\/lni!; CA 92614
Phf'.1!49'474•l0lll
rlW949•474·1634
Contllct: Jereroy Dunn
ASl!HGILT RU@BEJ! 1:!QT.MI)( REFERENCES:
/OBS Pl!RFQRIYJED;
KlitellaAve,St, hnprov
Val'l l)\1$ JlroJlicl$
LOCATION:
10$ Alamllos
Newporl aeach
AMOUND
$120,000.00
$193,105,00
IF YOlJHAVf ANYQUESTIONS, PLfASE FEEL FREE TO CONT1\CTCORliYKIRSCHNERIIT7!4·63/l,61$990R VIA �MA/LAT COREY@ONYJ<AAVING,N£T
bN¥1!.P/lVIN{r COMPANY, INC,
2890 EAS.T lA CREST AAVE, ANAl'fEI M,CA 928(1$- TEL (714) $32-6699 - FAX (714) 632'1SS3 ON\'K:.l'IWING1.'QMl'ANY,1Nt
2890 £, i,tCl!lfST/\ Alvo
•••• ·11NAl-!El"'1, CMl.2806
PHON61. {714) G3.Nl699
FA1l1 (1141 eli2•1&lis
PRESlll�NtrCOREY R, Rlll$C!iNEll
llANKl .BANK OFTHEWgsr
DATEESTASLISHED Wl/90
tVliij Of WORK •ASPHMfl'AVIN'ti
eORP. TAX ID.#!13,0394344
(:l)NfMCTORS LIC, IIG3il3il(M
14029 SPRJNGWA1'£R LN, £AS'IVAU, CA 92880
4501 f, .ti PAIMAAIIENUE,ANAH!IM, CA 92807
�li0NE: (714) ft?:4620 llRVI\NPUlES!\EL
tr,til(liti\NCEAGENTI WGOllGtirMl\NN& 80GAR1 iSl!il1 ll£0 Hf(L AVE,.:S'lli, ®o, ltiSTIN,CA927BO PflQNe, (Y14J !124>8384 M!CHAet.tAAt,1
SURETY AGENY:
t!IE!/l!llllFgl\llNCES1
MA'litl:I oone;
ALI. Al\'l�RICAN
llELTl:lllTli �ORP,
TURNERSURfTV ANMl'lSVJ\I\NCI: ll!\OKEMGE, INC.
� l:lUTTOJlfC£NTRE, STE, 180,. SANTA ANA, CA 92707
PHONE: (714) 9lS•4032 lm!EMV PENDERGAST
P,O. &OX :IO; HIGH LANO, CA,!n946 (909) 382'7400Sleve M11�¢h P,0,.11.0ll ai,t COilONA,-CA!li87S (951) ?.36·7®1)C!lr1 tizatl'ANG801!NA!IE,OOWNE'/, CA {!!62) 401,@11 Gladys
\/UL.CAN MATERIALS�.
sm-1g81',t.<:QM!llAPTQB B£FERENcgs,
1�tll.3 E, FOOTHILLBLV(),JAWll'lDALE, CA 91702 (ll58j s�o.g414 Debbie FULU"1�1l CON$'rRUCfiON
BVROM,OAVJY"JNC,
PAIZIPI/HIONST,·GROUP
emcKSON·H/\LI. CONST, CO,
1125 lk <!R0\/1! AI/E;,ONtAnlO, CASl16:l
1i2MEl/tt,IIN<l·tRE�KOR,•SOJJTHMl!):I, SAl'/PIIG◊
1'18!1SSKV MllltCIR.,JRVlNE, CAS2614
$ll�(;QIIPOR/lt�·o�.,tscoNOIOO,.CA9i069
t)NYXPAIIING COMPANY; INC,
{90�1 'il4M4u7 Casey Jones
JS�S) Sl1Ml99 Jt�ve Pavey
{ll49t14S,15oo Mark nundy
.f7�U) 79G-7700Juslln Slnt\c,tt
ffi()l;AST l,A.CRESTAAVE,ANAH�IM, CA92806 -TEl (714) 632,6699-FA){j714) 632•1!>83 (760) 796-71001®.tln Sinnott
Corey Kfrl'lahner ,ha.s over:W years of experience both .as an estimator and CEO. <:orey is an experienced e�t1.r11.a.t<ir al)t:l l!!M•·°'···fl'l·�lgtlty_of·If:iP�Year$ beingthefh!r3.f!?stim<!t9t. f/c,ifgreb.e�Pm.ior&Cf o· andi'r!ls!i:f!l!l\QfQnyx Paving cornPM\0 tnt;. over the $hort period oftime hereat Onyx Paving, corey has tompleted over 3,000 pavlhg projects, alll:lwlngtlte company to.gross over$50mflllon doff ars in the prevrous year.

Je� Kirschner, llenloi'Ph'ijett Maria!l!ir, holds.a llache!or's De11ree from Chapman Urilversity a.nd has 7 years of e)(perlence vpholdlll!f
the malnten,u'!ce supervis()t and lead es'tlmatorpositlon forOnyx. . .Pavlng. He leads our team, with the praJect miJnagers under his dlrect supervision, In managing our produ.ctlOnsand coordlnetfng ourflelcl rnablllliltlons for aJI prpJects,
'JYll)rHeoty, Hel'd Supe)"lhtil.Ot;lenf, :ierves .asthe,core of all field related matters. He has over 20 years of !)tWlng experlen�I\! petformtngjobsthat strreti:hes fr-0rn San Diego county to Ventura county. Tyler has been with Onyx In C:<:>r/lpJetli'lgall qf out PublfcWorks tmiJects. Overseeing the Ol'H,ltelab'erers,.cement masons, and operating englmiers ls one ofhls manyresporislbilitieii,
J!ICKLQJ/lAU.Q\'.;A!IQN;
Cdrey Klrs�hner, Jay Kltsch11er1 Md'JYler,HenryQversee ;i..00% of all current project In attached backlog. 1:lNYXPAVING COMPANY,!NC.

18.90 EASTLACRESTA.AVE, .ANAfJ1:IM, CA 92806 -TEL (714) 632-6699 - FAX (714) 632-1883 Key lndMdual ResponsibUJtills:
gprll// \Gtsehn§r
. tYIJlt!,ige QV.e ran o.t1etatlons artdresou rces of
company_
• Decision maker of :corporation
Jackson HUise
Lead project man11gen1ent team with organization
• Oversaeltlt;l overall project schedµllng, b!Jdge"ting, and dispatching on all projects Main point or cornJ11uhicatro11s between company and agencies TYl�tl:l!!tnrl!
Lead and rnanliltW on-site labors and openators
'CO('fciirtate .dally operations and prqj ect production • Ensuring pro.feet quaifty expectations are met
ONYXPtWING COMPA�IV, INC.
2?90 EAST LA CRESTA!'W!:, ANAHEIM, CA92806-TEL (714) 632-6699-· FAX (714) 632·18S3 !I
s. TAT E -0 .F. � A L t 11< a a ·Iii. l A. !j
Tfl\ ,. I CO·NTRACTORS·STATE . LICENSE B-OARD
f
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.... ·-------P,.mrmtl!>Cbaplor � o1 Dll.;oion $"4'!m-.--P.i.,-., Cede aid lhe Rules and Rl)gulalicm i>filleOoubacbs Slaloi=-'Bcard; tbeRe:gisb-arofComractor,docs•herebyi=uethslicenseto:

GN,VX'.p,AV!f)IG,COMPAm'JN�
UcenseNwnber-630360.
'
'
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io e,ooo in111e business ora,;); in ttie·oapaciiy. of a wttbactlr i11·1lle f<ilOIIVl!l classilications, MarioFliohardson,BoardChair
��
A.~ GENERAl..·EN�NGCONraOCfOR
C12-EARTliWORKAND'PJW.!NG
'Mneoamyhaodandsoallllisday,
Jamia,,y-4, 201S
'.
lssued-obtei;,er 9, 19&:l·
=ihis�mhc,praPfi1Rta'ik�cf:Co� iinot1'11nsfaalis;am!sha!ll!e�1he� -.,..demane1Wbea:i·��ir� ftr-,�a:.��ifnotf8hCIWCd.

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• • David J t R. Rlgt, Bt!giS!iar ol Cal1ractolS I j
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....,. ........
__,Act:.

APPLICATION FOR

PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: Public Works
Period: 07/01/2023 06/30/2024
Contractor Information
Contractor Name: ONYX PAVING COMPANY, INC.

Trade Name:

License Type Number: 1000004798
Contractor Physical Address
____ p_bysi_c_al __ Busine_s_s_Co1,mtry; _Unite.rl State_s_of.Anrerka Physical Business Address: 2890 E. LA CRESTA AVENUE
Contractor Mailing Address
Maillng Country: United States of America
Mailing Address: 2890 E. LA CRESTA AVENUE
Contact Info
Daytime Phone;
Mobile Phone:

Physical Busines.s. Clly/ ANA.HELM
Province:

Physical Business State: CA
Physical Business Postal 92806
Code:

Mailing City /Province: ANAHEIM
Mailing State: CA
Malling Postal Code: 92806
Daytime Phone Ext.:

Business Email: [email protected]
Applicant's Email: [email protected]
Registration Services:: Page 1 of 2 6/27/202310:06:22 AM Workers' Compensation
·----·----
Professional Employer Organization (PEO}
Do you lease employees through Profession al Employer Organization? No Workers' Compensation Overview
Carrier: ZURICH AMERICAN INSURANCE

COMPANY
Policyholder Name: Onyx Paving Company Inc
Policy Number: WC106300504
Certification
Inception Date: 10/01/2022
Expiration Date: October 12, 2023
Yes I certify that I do not have any delinquent llablllty to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award - --Yes--1 certify -that-the-contractor is-not-currently debarred under--Section-177-7-.1 or under-any other-federal-or-state law providing for the debarment of contractors from public works.

Yes I certify that one of the following is true: (1) I am licensed by the Contractors State License Board (CSLB) In accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB.

I understand refunds are not authorized
I, David Wiltfong, the undersigned, am, ONYX PAVING COMPANY, INC. with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful Information provided in this application could result ln the certification being canceled.

I certify this on: 10:00 AM
Legal Entity Information
Legal Entity Type: Corporation
Name: ONYX PAVING COMPANY, INC.

Registration Services:: Page 2 of 2
• ONYXPAVJNGCOMPANY, INC,
U,.,., U 61036(1 � DJR # 1000004798
lJNANiMous WRlITEN CONSll:N'.l' OF
Tl:IE BOABD .Oli' DIRECTORS OF

ONYKPAVING COMPANY,INC,
(a Callfomfa eorporallon)
o«o�r 28, 2020
The unde1sll!lled dlteotor, constituting the entire boatd ofdireclori (the "BMri') of Ony,t Paving CQmpany, loo., a Califomia corporation (the "Corpo1'11don'), hereby takes the following actions, adOJ)ts the following re10!11tious, and ttansaols the following b�liness, by wntten consent without a metling, 113 of the dale abo,ve written, pir1!11ant to Seolion 307(b) of the Genoxal Corporation Law of the Stale of Cltlifom!a Md the Corpo,atioll's Bylaws:

Avronl of Loan Trnp§Adlon
WlmREAS, Corey Klrachner Is ollltently the Co.pora,tlon's Chleflixeou�ve Offiot.r, and ChlofFJnanolal Officer (the "Oplcer") with authority to enter in10 cootrae!S on �half of the Corporllllon.

WHEREAS, tM Corpmation opporlutllties t\ynl time lo tlmeto bid on yario1w -govenunontahndnon-governmenllllprqjeors;- - - - __ __ _ WHEREAS, after carolbl consideration, tho Boatd has detellllined that the ll>nns and conditions o;f ih• propos�d project In the fonn of the bld attachid :hereto as llxblhit A (the "Pi1Jjecf? are j�I and cq_ultabl� and fair a, to the Co1poratlo11 and 1ha1 it is m 'the best lnte1ests of the COlj'loration and !ta stockholder to submit the bid ruKl complcro tha 1'10J eot subj oot to .the teims agred� upon by the pa;tJ.ei.

NOW, 'l'HJi;REFORll,»E rr RESOLVED, tho Boiu:d on b1half ofthe Corpora1!on he111by apJirove6 and ra1ifies the Projeot ln all respeots, aui! l\er�by aithodze and dlreot the Corporatiop:to 11egotie.te, exeouto,- deliver lllld perfonn the temis of all docwnents,reqw.i:ed In colll!eol!on with thl! P�J••� together with 11110h changes thereto as may bo epproved by the Officer exeouting.the 5lllll• on behalf oftlw Corporation (Jnusullllltothe®thodu�ooprovlded herein), such approval of the Officer to be conoluslvely evidenced by It$ eioo�utlon and delivery of same.

RESOL V.ED IlllllTHER, that tho Offl� may eKeoute • and deliver any and all agreements 111\d 1\1).f and all other documents lllld lmtrnnwnls, and take suoh further actions aa may be neoes.!lary or appropriate, for the fulano!ng o�lhe Corporation. . RESOLVED FURTHER. that the Officer i, hereby au1horlzed, directed, and empowllttd to execute l!!ld deliver nny and all ngreements and any and all other doeiunents and instruments, aud t!ll<e suoh furtbet actions as may be neeessazy or appropriate, for the collBll.tl'l!llllUon of tho Project
2890 Rast La Cresta Ave, Anaboim, CA92806-l'H: (714) 632-6699 �FX (714)632,1883 RESOl.VED Ji'UR.'�HER, that the Offieer, II\ the nam, ofllie Corporatlon, ls h�r1�y authorized, dlroowd, IULCI em.Powered to no�o!lato, oxeouto and deliver lo the"!pplicable counllr• party, aw- and all doo�l\)S with rospelit to the -Projeol and other �ents 8l may b& rea10JU1bly requwea, ai!.4 ll!P O!!ioer OIi bobalf of the Corporation Is. aulhonztd from time to tune to execute relfowlils Of 11Jll<lnslons or other illslxufuenta M may boneci1sai)', lf.ESOLV-.:D �'llmR, that Iii� aulhorlty g{ven boroundet ll!llll be deemed retroactive and any lllld all acts auJ!iorlzed he1e1mder perforllled prior to the_pa98QSe of1hls resolution 010 hereby ratWed and l\ffifine�. •
Th.• Se<lretory of !he Qorporation is direct� to file the origioal �ecuted copy of this Coruent with !be ntfuutas ofpl'()oeedtnss of tho Cor_po!1'tion. [Signature psge foUows]
''
:····. ' .
0NYXl'AVlNGCOMPANY,INC,
L!oon1<#610360-DIR# 1000004798
IN WITNESS Ml'.BRE0F, the undersigned has axe outed thw U1aulmo11U Wrllftn Come:111 of the Board ofDJreetors as ofth• date fi,rat above wrlilen.

Corey Kksclmer
....

Reque,t for Taxpayer
ldentlff9atlon Number and Certll/catlon
BlvoFor,ntoth&
ngueater, n� Rot
"nd to the IAS.
► Oo, 1 ttln!om'l!God,
Gen1a1ra1 lnstruot!
8tcll(ln reternff ori to the, lnt&rlilll Rswnw Cod� Un!OIJII othti\'IIH noted,
Nlurt d1�ek9mmts. For lhe. JAi.tat ll'tkmlatlon abollt®vol"pment1 r.�ted toFwm W•t olil tt, �ot11<Uon� &""1 .. ,,g1,1affonon"'ed altor llt6Y�•• pobllshid, go lo M,W,/lo.goY/1<1111ll'i, Purpotl!I of Form
An lndMclu� or onit,, O'orm W·V r,q,,.tlll) wno lo roqllr&:l lo fl� an lnformellcn r�m vJth the IRS must oblaln you, ootn<il lt>:Pliff liolllltlctj,n �(TI\'il v.tiichmayboyo,reoo�I nooJWnumoo (SSH), tloMl!ld bxp,/Or ldtnillloollMn,mbotfTIM, \oxt> ,11opllon 11or klenwto,Uon 11,JmbO' V-YIN), or employer !<lonlllo.Uoo number (aJU� lo' 1'9poll on Iii JnlOJm!Won r�urn i:hQ QfflO\Klt paid t() you, �r othar mt'lovnl reJJQf11ble en 11B tnlomlGUon Titum. l!xamples on,rorm11tfon retumill'tClu�, l:Jutm not ltmlttd to, tht roirowkt�. 1 Form 1008-ll(f' (lntertt,t earned or 1J11li)
• Fol'� 1009-DJY itl\fd�, ln�g IIIQH k'om atook& or rm.rtu-1 f"1dO)
• f!4ltm 1099-MISC ��911, typaa ill JriCM1t, JlrhOll, «tiardti or or�ff pro""'�
• i:orm 1000--e Modcoltwtoal fulcl Ell!l�send certa1n attie-r �an,aotron, 1(1 brm,,)
• ffonn 1�"-s ti,:«Bffltcmrinlltt'ltale I,aniiMUon�
• forro 1M•K (
DWIC�tcardandU,lrd party network ltan111aGllon8)
! "ion 10'10 lfiemo Rio�& [lltG<eat). 108&-E 6wder.tfoaotn\ern0, 1oog-T (IUl@oll) • �onJI '1009"-0{�'™'l8ddebl)
• Form 1 o�-A (u,
quflltlonor tbartlforvnent 6f noored prop,rty)
UH FormW.!J oo�ltyau Wt au.a, perscn {ll\Ol�dli)O e rte!dant atl,n), to provld• row olm<I TIN.
lffqU <lo nol telurn F«n W,9 fiJ !ha req1.1otd!ViWI 111N, you mJQIJJ buub/lol lO /;,tC/!.,w,\lilot'l,g,$eolVhM t, baOkup wlthhold!\g, /11tqr,
THIB CllffW!OATII IB IBIUiD.A8 A MATTeR o, 10R!f.6,TIO/I ONLY �ND QQNP&R� NC,"� HT Ul'OII TH& OiRllflOA HOLDll/t J!118 OlliTmOATf DOSS HOT AFfl/W,\11\flLY OR NEOATl'ISLY AMEND, l!XT2tlD OR ALTER THI COVJ:l!Mi AFIO.RCED BY TH! FDLI0/18 &Jll.QW, 7l(IS ll1RTI�OA11 QP INIUIIANO• cc;e NOT CON8TIMB A CONJMCT HfWIIN '!111 1$$UINO J/llUIIIR{B), AUl�ORIZ&D RIIP�U.INIATIVS D� FRQDUOll!l,AND THI Cl!RIIFIOATB HOI.Ol!R, q�RTIFl(?ATE .OF LIABILITY INSURANCE .,.':%212021
Oil)')( l'avlm CO<nR>nY, lno 28IIQ E. Li Or<1l0Av•.

Anaheim CA 02806
AO ORO 2& (2011/01)
. CANC
tatmOlO tJhlWM
SI-IO\ft.D ANY OP THIAWW ilmim11110 pQUC]li Bil (l,ANQISU.lffl 8!FORI Jtll l:XPll\i\110N llATJ lHl!lltEOr-, N0110& \111Lt DI [ll!UVl!ffEiO lN ArJp(iltDANCa WRH T/iEPOLIOV PR.OVlStO!la.
<!J\l&B, ON, Allrlghl>i .. erysd,
ltlt ACORD name and 1090 ,u� raglster11dnierk6 of .A¢ORO •• State of California
S&cretary of State
Statement of Information
(l.lomoitlo Slook and Ag�oultutAI Cooporallve Corpora11ons) FeE8 (FJllllj/ ,nd Dlsolosura): $26,00.

Jf this ra an amendment, aae lnetruotlona,
IMPORT Alff MRl!AD I TRUCTIONS BBl'ORB COIAP ilNO 1HIS FORM. 1, CORPOAAT!IIAMQ
ONYX PAVING COMPANY, INC.
a. OAUl"OR!il/\ CORPOAATfiNUMHR
. e1a68ore
s
�Q?,6,477
FILED
In tho offl<oof tl!e socr&t.iiy 01 Slato
of tho Shi• of Cafffornla
QCT•ll1 �018
VS()l'Ai)< . lltAlE ZIPCOOE
Amos
7, OHlll'l!'i£C!/IIYBOP�ICEIII . ,IODR'68' O�V SJAIE ·.!IPCODB OOJU!Y KIR60HNl:R 2810 I!. IA CRESTAAVS. ANAHEIM CA 92808 ' 0, G/lOBel!AV JWllRi!M C<IRev KIR8CHNER 2890 8. lA CReSTAA\/E., l\f-lAHl!IM, OA 82808 ·Cl1Y STATI:;
,l!lfl'
dr,aaiit of Alf lllietlOOI, fnoludlilg'Dlr<olot• Who ari ko OWooro (Th• oo<l"r•9'o·rnuol ha\/0 •t l"'l •" • et:1f'n1m1e�.

ACl>Rt!88
289-01!. lA CRil81AAVl1, NAHBIM CA 112006'
AOORi!-$1
CiTY
15, am.r ADDAA ••F NlENT FOR ··��¢6 OF PROOESS lN OA\IFO•IM. I> AN IN DMDUAJ. CITY 2ijQll Ii, I./\CRE$TAAVII. Af/(,,HE!M, CM1!108
Gln•••
Sl"ATf:!

ZIPCODI
STAT!!: lJPCQOS
•• State Qf California
Secreta'f of Strite
Statement of lnformatio11
IDomfltlo Stock ana Agrlcultural Cooperal!v• Co1porallons) FEES (Fllln9 and Dl•closuro): $211.00.

II thf• Is •n •m•n�ment, e�e lnalluollono.

IMPORTANT• RB NSTRU!I O SB RE C:OMPL�TlN(l THIS FORM
1, CORPORATS �AMB
OtlYX PAVING COMPANY, INC,
S.
0B88157
FILED
In th, olfffe of lho 8ocrtla rv of 8tata
,11111 st11aol California
JAN.032020
0 ltlhlre bltturi no dlil!!li 1if any arm, fnformav,n oonto!nedln 1helaetS!Qte111tmor 1n�111110M m,dwl� ,oa1�ro11 ew,1<11Y or Staib, •h� lhi box ·ncr procoed to_ Ill'" 1 r. .
t• Ad'dr..lJl•i Do not ebbrevle:t,Hh& !lame oflhe • Items 4 and PJ CMn0t bt P ,O. BoMt fflEEI AODRl!iSOP OFf!IC! OJTY 8TATlf %1.PCODI
STATE Z!POO0I!:

BTA1o ZIPCODi
Q, Sl!()Al!TAAV AODRliSS OIIY
9, 0HJ�F .FINANCIAi. OrACf!PI AOP�ESS ST"'TB ZlPCOD!
NalllQ& IU)d Complelt Ad<lr48S8S ., All Dlrootor,, MIU
. dlreoi.,,.Ali,cll addf�crn•I
ho are Aftti OJflcms rrne corpijrii�Ol'I must have al e!i.tl One • STAT& ZIPOOOI!
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Public Works
and Engineering
TO: All Contractors
FROM: Han Sol Yoo, Associate Engineer
DATE: January 31, 2024
SUBJECT: ADDENDUM NO. 3 to the FY 2022/23 Citywide Street Resurfacing Project
This Addendum No. 3 is being issued for the FY 2022/23 Citywide Street Resurfacing Project.

The intent of this Addendum No, 3 is to include the following revisions. additions. and/or deletions shall hereby be made a part of the RFP documents.

Proposal Documents:.

Replace Pages P-4 through P-7 with the revised pages attached. (Attachment A) The revised Proposal Documents must be submitted by the Contractor. Failure to submit the revised Proposal Documents will result in the bid being rejected.

For any further information or ciarification needed, please contact Han Sol Yoo via email at [email protected].

Confirmation of receipt of all addenda is part of the Bid Documents. Failure to acknowledge receipt of all addenda may cause a bid to be deemed non-responsive.

By:

Han Sol Yoo, E.I.T.

Associate Engineer
Attachments:
(A) Proposal Documents
Public Works
and Engineering
TO: All Contractors
FROM: Han Sol Yoo, Associate Engineer
DATE: January 18, 2024
SUBJECT: ADDENDUM NO. 2 to the FY 2022/23 Citywide Street Resurfacing Project
This Addendum No. 2 is being issued for the FY 2022/23 Citywide Street Resurfacing Project.

The intent of this Addendum No. 2 is to include the following revisions. additions. and/or deletions shall hereby be made a part of the RFP documents.

The Bid Opening Date and Time for the FY 2022/23 Citywide Street Resurfacing ·Project has beenpostponed.·Thenew Bid Openin•g·DateandTime·are:·· Tuesday, February 13, 2024 at 10 A.M. at
Stanton City Hall
For any further information or clarification needed, please contact Han Sol Yoo via email at [email protected].

Confirmation of receipt of all addenda is part of the Bid Documents. Failure to acknowledge receipt of all addenda may cause a bid to be deemed non·responsive.

By:

Han Sol Yoo, E.I.T.

Associate Engineer
Public Works
and Engineering
TO: All Contractors
FROM: Han Sol Yoo, Associate Engineer
DATE: January 11, 2024
SUBJECT: ADDENDUM NO. 1 to the FY 2022/23 Citywide Street Resurfacing Project
This Addendum No. l is being issued for the FY 2022/23 Citywide Street Resurfacing 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 RFP documents.

The scope of work and construction limits for Katella Avenue has been revised.

Proposal Documents:

Construction Plans:

Replace Sheets No. 4 and No. 9 with the revised Sheets attached, respectively (Attachment B)
For any further information or clarification needed, please contact Han Sol Yoo via email at [email protected].

Confirmation of receipt of all addenda is part of the Bid Documents. Failure to acknowledge receipt of all addenda may cause a bid to be deemed non-responsive.

By:

Han Sol Yoo, E.I.T.

Associate Engineer
Public Works
and Engineering
Attachments:
(A) Proposal Documents
(B) Revised Construction Plan Sheets No. 4 and No. 9
California

PLANS, SPECIFICATIONS, AND CONTRACT

DOCUMENTS FOR
FY 2022/23 CITYWIDE STREET RESURFACING

PROJECT
City of Stanton
Public Works andEngineering 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):

December 19, 2023
January 9, 2024
January 23, 2024
Advertise in trade journals and on the City's website
Deadline for Questions at 5:00 p.m.

Bid opening at 10:00 a.m., City Hall Lobby

CITY OF STANTON

TABLE OF CONTENTS
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
NOTICE INVITING SEALED BIDS ......... .

INSTRUCTIONS TO BIDDERS .............. .

PROPOSAL DOCUMENTS
Proposal. ........................................................................................ . .. NB-1
. .. IB-1
Bid Bond ................................................................. ........................................ . ......................................... P-1
.......................................... P-8
Designation of Subcontractors ............................................................... . ................................. P-11 Bidder Information and Experience Form ............................................. .. . .......................... P-13 Non-Collusion Declaration .................................................... . .. ............................... P-19 Public Works Contractor DIR Registration Certifications ...... . ................................. P-20 IRAN Contracting Act Certification ............................ . . ........... P-21 Sufficient Funds Declaration . ................................................ ..................................................... . . ........... P-22

CONTRACT AGREEMENT
Agreement .............................................................................................................. . .. .......... CA-1 Faithful Performance Bond ........................ . ........................................ .

Labor and Material Payment Bond ............ . ...................... .

Compensation Insurance Certificate ....

GENERAL SPECIFICATIONS
................................. CA-5
. ................................ CA-9
. .................. CA-12
Scope of Work .......................................................................................................................................... GS-1 Location of Work ....................................................................................................................................... GS-1 Time of Completion ................................................................................................................................... GS-1 P.ect.ormanc.e of .. al.Least 50% of the.Work ................................................................................................ GS-1 Utility Requirements....................................... . ........................................................................ GS-1 Flow and Acceptance of Water ...................... . ................. ................... GS-2 Removal of Water.......................................... . ...... GS-2 Trench Safety and Shoring Excavation .......... .. .......................................... GS-3 Construction Fencing ..................................... .. .......................................... GS-3 Standard Specifications ............................................... . ..................................... GS-3 Wage Rates and Labor Codes........ . ........................................... GS-4 Clayton Act and Cartwright Act .................................... . ........................................... GS-4 Substitution of Securities ............................................. ............................... ............................................ GS-4 Water Pollution Control (NPDES Compliance)........... ............................ .. ................ GS-4 City of Garden Grove ............................................................... .. ................. GS-6 Union Pacific Railroad (UPRR)................................................ ................ .. ................. GS-6 Metropolitan Water District (MWD) Infrastructure ................ . ............ GS-7

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ...................................... ............................... . .. ............. SP-1 PART 2 - CONSTRUCTION MATERIALS ............................ ............................... . .. .............. . SP-27 PART 3 - CONSTRUCTION METHODS .............................................................. . . .......... ...... SP-33 PART 4 - EXISTING IMPROVEMENTS ............................................... . .. ............................... SP-50 PART 5- No Special Provisions Written ..................................... ..

PART 6 - TEMPORARY TRAFFIC CONTROL .............. . . .................... SP-53 LOCATION MAP ......................................... . ..APPENDIX I PREVAILING WAGE RATES ..................... .. .APPENDIX II STANDARD PLANS .......................................... . .. ...................... APPENDIX Ill

GUIDELINES FOR IMPROVEMENTS AND CONSTRUCTION PROJECTS PROPOSED IN THE AREA OF METROPOLITAN'S FACILITIES AND RIGHTS-OF-WAY.......... .. ..................... APPENDIX IV RAILROAD REQUIREMENTS ............. . .. ... ........................ APPENDIX V CONSTRUCTION PLANS ................... .. . ................ SEPARATE DOCUMENTS

CITY OF STANTON

NOTICE INVITING BIDS
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT
NOTICE IS HEREBY GIVEN that the City of Stanton ("City"), invites and will receive sealed Bids up to but not later than 10:00 a.m. on January 23, 2024 at the office of the City Clerk, located at 7800 Katella Avenue, Stanton, CA 90680, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, and all other items necessary for the FY 2022/23 CITYWIDE STREET RESURFACING PROJECT (the "Project"). After said time, Bids will be publicly opened and read aloud. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

This Project consists of demolition and removals, clearing and grubbing, roadway rehabilitation by grind and overlay, curb and gutter, ADA curb ramps, sidewalk, concrete bus pad, ARHM and FRAC Overlays, asphalt pavement, signing and striping, and all appurtenant work.

The Project is being advertised in the trade journals and uploaded onto www.CIPList.com. Bid documents, plans, and specifications are available for download on the aforementioned platforms.

Bids must be submitted on the City's Bid Forms as hardcopies. Contractors need not purchase a hard copy set of plans from the City. To the extent required by section 20103. 7 of the Public·Gontract Gode; upon request from -a contractor-plan-room service, the eity shall provide an electronic copy of the Contract at no charge to the contractor plan room. Bidders who do not have access to the platforms listed above, can request a hard copy of Bid Forms and Contract Documents by notifying the City via email at [email protected] two (2) days in advance.

Bidders who notified the City may pick-up a copy of the Bid Forms and Contract Documents from the Public Works Counter at the City of Stanton City Hall, 7800 Katella Avenue, Stanton, California 90680, (714) 890-4205, for Twenty Dollars ($20.00)
. A non-refundable charge of Ten Dollars
($10.00) will be required of any bidder who requests that the Contract Documents be mailed within California (costs for out-of-state mailings will be higher).

Each Bid shall be accompanied by cash, a certified or cashier's check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Stanton as Bid Guarantee.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Orange County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
NIB-1
In addition, a copy of the prevailing rate of per diem wages is available at City Clerk and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

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. 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. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. 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.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder's sole responsibility to evaluate and . include the cost of complying with all labor compliance requirements-under•-this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: Class A Contractor's License.

Substitution requests shall be made within 35 calendar days after the award of the Contract.

Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

Pursuant to Public Contract Code section 3400(b), if City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the Total Base Bid. City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.

For further information, contact the Associate Engineer, Han Sol Yoo, at [email protected] (e-mail) or 714-890-4204.

END OF NOTICE INVITING BIDS
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CITY OF STANTON

INSTRUCTIONS TO BIDDERS
FY 2022/23 CITYWIDE STREET RESURFACING PROJECT

1. PROPOSAL FORMS AND REVIEW OF PLANS AND SPECIFICATIONS Bids shall be submitted in writing on the Bids forms provided by the CITY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The Proposal must include all pages of the Proposal form with all of the required information, including but not limited to the Bidder's Information, Proposal Bid Sheet, List of Subcontractors, Bidder's Statement of Past Contract Disqualifications, Non-Collusion Declaration, Bid Bond, Iran Contracting Act Certification (ii required), and Sufficient Funds Declaration. The CITY will not consider any proposal not meeting these requirements.

In addition, the CITY shall not accept any bid or enter into any contract without proof of the Bidder's current registration to perform public work under Labor Code Section 1725.5; and the Bidder shall not accept any sub-bid or enter into any subcontract without proof of the subcontractor's current registration to perform public work under Labor Code Section 1725.5.

The CITY may make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must also contact the CITY to obtain the required Contract Documents if they decide to submit a Bid for the Project.

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents - - referenced herein"and made-i:,art ofthe contractDoouments. ·Each Bidder ,mallalsc5 detetmiriethe local conditions which may in any way affect the performance of the work, including local tax structure, contractors' licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under State law.

The submission of a Bid shall be taken as conclusive evidence of compliance with this Article. Any errors must be reported to the CITY.

2. BID GUARANTEE (BID BOND)
Each Bid shall be accompanied by: (a) cash; (b) a certified or cashier's check made payable to City of Stanton; or (c) an original Bid Bond (wet signatures) secured from a surety company satisfactory to the CITY, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to the City of Stanton as Bid Guarantee.

Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The Bid Guarantee shall be provided as a guarantee that within ten (10) calendar days alter the CITY provides the successful Bidder the Notice of Award, the successful Bidder will enter into a Contract and provide the necessary bonds and certificates of insurance. The Bid Guarantee will be declared forfeited ii the successful Bidder fails to comply within said time, and CITY may enter into a Contract with the next lowest responsive responsible Bidder or may call for new bids. No interest shall be paid on funds deposited with the CITY. The CITY will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the Contract.

3. PROPOSED SCHEDULE
The Contractor shall have sixty-live (65) Working Days to Complete the Work.

December 19, 2023
January 9, 2024
January 23, 2024
February 13, 2024
Advertise in trade journals and on the Internet
Deadline for Questions at 5:00 p.m.

Bid opening at 10:00 a.m., City Hall Lobby
Award of contract consideration
18-1
This schedule is proposed. Should the date slip, the contract days take precedence.

4. QUESTIONS
Questions regarding the Contract Documents, requests for interpretations or clarifications, either administrative or technical, may be directed to the Associate Engineer, Han Sol Yoo, by email at [email protected].

The deadline for questions is January 9, 2024 at 5:00 p.m.

All written questions, if answered, will be answered in writing and conveyed to all interested bidders on or before January 9, 2024.

Oral statements regarding this Bid by any persons should be considered unverified information unless confirmed in writing.

No members of the CITY's staff or City Council should be contacted about this procurement during the bidding process.

Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the CITY. The CITY may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

5. NON-COLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of non-collusion with their Bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

6. BID SHEET
Bidders shall give.unit prices for each and all of.the items.set forth ... No aggregate bids will-be considered. The biddershall set forth for each item of Work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the bid sheets are supplied to give an indication of the general scope of Work, but the accuracy of figures is not guaranteed and the bidder shall make its estimates from the specifications and scope of works. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

If alternate bid items are called for in the Contract, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The CITY may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each bid item ccntains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

7. SUBMISSION OF BID
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Public Works and Engineering Department of the CITY before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the CITY as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder's Name)
for the FY 2022123 CITYWIDE STREET RESURFACING PROJECT
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. CITY may reject any bid not strictly complying with the CITY's designated methods for delivery.

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8. WITHDRAWAL OF BIDS
Any Bid may be withdrawn either personally or by written request. incurring no penalty. at any time prior to the scheduled closing time for receipt of Bids. Withdrawn Bids may be resubmitted until the time and day set for the receipt of Bids, provided that resubmitted Bids are in conformance with the instructions herein.

Bids may be withdrawn after Bid opening only by providing written notice to the CITY within five (5) working days of the Bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the CITY.

9. MODIFICATION OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

10. SALES AND OTHER APPLICABLE TAXES. PERMITS. LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract No mention shall be made in the Proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable.

11. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one Bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

The Contract will not be awarded or executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code.

12. INTERPRETATION OF PLANS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written Addendum. The CITY will not be responsible for any other explanation or interpretations of the Contract Documents. If a prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the CITY.

13. ADDENDA
The CITY reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the CITY shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the CITY issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the CITY will extend the deadline for submission of Bids. The CITY may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date.

Each prospective Bidder shall provide the CITY a name, address, and email address to which Addenda may be sent, as well as a telephone number by which the CITY can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the CITY to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

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14. ALTERNATIVE BID ITEMS
If alternate bid items are called for in the Contract, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

16. LEGAL RESPONSIBILITIES
All Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any bidder submitting a Bid shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.
16, AWARD OF CONTRACT
The CITY shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price.

The CITY may reject any Bid which, in its opinion when compared to other Bids received or to the CITY's internal estimates, does not accurately reflect the cost to perform the Work. The CITY may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular Bid items.

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the CITY notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of this notification to execute the Contract and supply the CITY with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run twenty (20) calendar days from the date of the notification. Once the CITY receives all of the properly drafted and executed documents and certifications from the Bidder, the CITY shall issue a Notice to Proceed to that Bidder.

17. FILING OF BID PROTEST
Bidders may file a protest of a Bid with the CITY's Public Works and Engineering Department at 7800 Katella Avenue, CA 90680. In order for a Bidder's protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the Bid opening date or any City determination or recommendation regarding the Bidder's Bid;
B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific CITY staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the CITY may reject the protest without further review.

If the protest is timely and complies with the above requirements, the CITY's Director of Public Works and Engineering, or other designated CITY staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The CITY will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

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18. LABOR CODE
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the CITY has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the Contract from the State Director of the Department of Industrial Relations (DIR). It shall be the responsibility of the prime Contractor to comply with all applicable sections of the Labor Code.

Travel and subsistence payments to each workman needed to execute the Work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code.

Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the Work to be done, for straight lime, overtime, Saturday, Sunday, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workmen concerned.

This project is subject to compliance registration, monitoring, and enforcement by the DIR (See, among others, Labor Code Sections 1715.5, 1725.5, 1771.1 and 1771.4.)
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in __ .determiningJts bid, and wilLnotunder any circumstances-be considered as the basis □fa claim against-the CITY on the Contract.

The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee.

19. WORKERS' COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents prior to performing any Work.

Reimbursement for this requirement shall be considered as included in the various items of Work.

20. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103 of the Public Contract Code, in entering the Contract to supply goods, services, or materials, the Contractor and its subcontractors offer and agree to assign to the CITY all rights and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 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 or the subcontracts. This assignment shall be made and become effective at the time the CITY tenders final payment to the Contractor, without further acknowledgment by the parties.

21. SUBLETTING AND SUBCONTRACTING
Pursuant!□ the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their Bid the name, location of place of business, contractor license number, public works contractor registration number, and the portion of the Work of each subcontractor who will perform Work or labor or render services in or about the construction of the Work or improvement, and each subcontractor who specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, but only if (a) for a Contract for construction of streets or highways, including bridges, the dollar amount of the subconlractor's work is in excess of $10,000 or ½ of 1 % of the total bid in the Proposal, whichever is greater; or IB-5
(b) for all other Contracts, the dollar amount of the subcontractor's work is in excess of½ of 1 % of the total bid in the Proposal. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the Work. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the Work.

22. INSURANCE
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.

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:

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'IA/1 Risk: Builders'/AII 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 • hthis Contract'
Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 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'IA/1 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.

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 frorn Contractor payments. In the alternative, the City may suspend or terminate this Contract.

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:

General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 1 O 1 O 01 plus CG20 37 1 O 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, IB-6
employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.

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.

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.

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.

Builders'IAII Risk Policy Requirements. The builders'lall 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. -- -- - -- ---- ·
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.

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.

Deductibles and Self-Insurance Retentions. Any deductibles or self-insured 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 self-insured 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.

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.

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.

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.

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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.

23. HOURS FOR PERFORMANCE
Working hours for the construction project will be 8:30 a.m. to 4:30 p.m. on any Working Day. Contractor is to take into special consideration that the nature of the Work is predominantly near residences, parks, and businesses. All project Work will not disrupt or conflict with CITY special events as directed by the Engineer.

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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 27, 2024
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON PARK FITNESS EQUIPMENT (TASK CODE NO. 2022-820)
REPORT IN BRIEF:

The City of Stanton’s Qualified Contractors List prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes is being used for this public project. A proposal was received to construct the concrete infrastructure and site preparation for the Stanton Park Fitness Equipment Project. Staff recommends a construction contract to be awarded to Aguilar & Calderon, a corporation, in the amount of $42,000.

RECOMMENDED ACTION:

3. Authorize the City Manager to approve contract changes, not to exceed 10-percent of the bid amount ($4,200); and

4. Authorize the City Manager to bind the City of Stanton and Aguilar & Calderon, a corporation, in a contract for the construction.

BACKGROUND:

On November 23, 2021, the City adopted a resolution accepting $30,000 in grant funds from the National Fitness Campaign to assist in the purchase of an outdoor fitness court at Stanton Park costing $175,010, with the remainder of the purchase to be funded through American Rescue Plan Act (ARPA) funds. Subsequent to City Council approval of the $175,010 purchase price, staff received a revised quote from the vendor reducing the purchase price to $127,910.

Item: 6E
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2 The fitness court equipment was purchased from the National Fitness Campaign in December 2021 and has been stored at the City Yard since then. Additionally, staff procured engineering design efforts and coordinated with Southern California Edison (SCE) to develop the construction documents for this project. The cost of the engineering work was approximately $10,200 and was funded by the City’s General Fund. This project consists of demolition, clearing and grubbing, and concrete work. Following this work, Level Up Retail Services will complete the installation of the fitness equipment.

ANALYSIS/JUSTIFICATION:

Utilizing the provisions of CUPCCAA is beneficial as it provides more flexibility in the execution of public works projects under a certain dollar amount; accelerates the award process; expedites project delivery; reduces the time, effort, and expense associated with bidding projects under $200,000; and simplifies administration for these projects.

Aguilar & Calderon is on the City’s Qualified Contractor List for CUPCCAA and submitted a proposal in the amount of $42,000. Based on the bid proposal received, staff recommends a construction contract be awarded to Aguilar & Calderon. Upon successful execution of the contract documents, the project is expected to begin construction in March 2024.

FISCAL IMPACT:

The Fiscal Year 2023/2024 Amended Budget of $174,090 for this project (Task Code No. 2022-820) was approved by the City Council with the adoption of the Fiscal Year 2022/23 budget ($84,090) and the Fiscal Year 2023/24 budget ($90,000) funded by the General Capital Projects Fund (#305) and Park In Lieu Fees Fund (#310). The estimated costs to complete the project are presented in the table below:

Description Amount
Design $ 16,085
Construction Contract $ 42,000
Construction Contingency (10%) $ 4,200
Equipment Installation $ 27,000
Equipment Installation Contingency (10%) $ 2,700
Inspections $ 5,000
Total $ 96,985
3 A separate purchase order will be prepared for Level Up Retail Services to install the fitness equipment in the amount of $27,000. Level Up Retail Services is on the City’s Qualified Contractor List for CUPCCAA and submitted a proposal in the amount of $27,000. Level Up Retail Services is a recommended installer by the National Fitness Court.

ENVIRONMENTAL IMPACT:

This Project is categorically exempt under the California Environmental Quality Act, Class 3, Section 15303, which exempts the construction of new, small facilities or structures.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.

Obj. No. 5: Provide a high quality of life
Obj. No. 6: Maintain and promote a responsive, high-quality, and transparent government.

Prepared by: Elias Garcia, P.E., Assistant City 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
Attachment:

A. Construction Contract, Aguilar & Calderon, Co.

STANTON PARK FITNESS EQUIPMENT -1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT

STANTON PARK FITNESS EQUIPMENT

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of ____________, 2024 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 Aguilar & Calderon, a Corporation, with its principal place of business at 15738 Yermo Street, Whittier, CA 90603 (“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 services for site preparation and concrete infrastructure 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.

2.3 Project. City desires to engage Contractor to render such services for the STANTON FITNESS EQUIPMENT (“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-Two Thousand Dollars ($42,000.00) (“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 be supported by evidence which is required by this Contract and such other documentation as Attachment: A
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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 (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Payment (Exhibit “E”)
• Change Orders executed by the City, if any
• 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 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 35 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 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.

3.10.8 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.

3.10.9 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.

3.10.10 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 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.

3.16.3 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:

AGUILAR & CALDERON CORPORATION
15738 YERMO STREET
WHITTIER, CA 90603
ATTN: YAMPIER AGUILAR, 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 AGUILAR & CALDERON CORPORATION
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

AGUILAR & CALDERON CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
STANTON PARK FITNESS EQUIPMENT -25-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
SB-PW, MBE, SBE, & LA County CBE Page 1 of 1 Form: CA-001 P.O. Box 1511, Whitter, CA 90609
Lic. No.: 988688
DIR No. 1000678915
Bid Proposal
January 22, 2024
City of Stanton
Attn: Elias Garcia
Project: Fitness Court Stanton Park
Address: 7800 Katella Ave. Stanton, CA 90680
This proposal is to construct as shown on plan sheets 1-3 related to items in the scope of work below.

Below is an itemized scope of work:

Scope of Work Price (LS)
Mobilization and Demobilization $ 1,500.00
SCE Coordination $ 1,000.00
Demolition per Plans $ 13,500.00
Construction per Plans $ 26,000.00
Total $42,000.00
Exclusions:

Permits Testing, soil certification Overtime or weekend work Unforeseen conditions Work in contaminated areas, etc.

Survey Traffic Control Plan & Delineators Work not identified above or beyond contract
Pricing is valid for 90 days. All applicable taxes are included.

Respectfully,
Yampier Aguilar
Vice-President
Aguilar & Calderon
Corporation T: 949-735-3179
[email protected]
STANTON PARK FITNESS EQUIPMENT -26-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT B
EXHIBIT “B”
PLANS
PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (“GREENBOOK”) VICINITY MAP NOT TO SCALE N SITE 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland PROPOSED FITNESS COURT STANTON PARK CITY OF STANTON PUBLIC WORKS DEPARTMENT TITLE SHEET 5 STANTON PARK FITNESS COURT SHEET INDEX TITLE SHEET 1 SITE PLAN 2 DETAIL SHEET 3 1 CITY OF STANTON PUBLIC WORKS DEPARTMENT GENERAL NOTES: 1. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF STANTON, ORANGE COUNTY RDMD REQUIREMENTS, STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION, STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, AND CALTRANS STANDARD PLANS, ALL IN THE LATEST EDITION. IN THE EVENT OF A CONFLICT THE MOST STRINGENT REQUIREMENTS SHALL PREVAIL. 2. THE CONSTRUCTION AREA SHALL BE PROPERLY POSTED AND LIGHTED IN CONFORMANCE WITH THE STATE OF CALIFORNIA, “MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD),” LATEST EDITION. 3. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS AND SHALL NOTIFY THE ENGINEERING ASSISTANT (714-379-9222 EXT. 204) AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF WORK. INSPECTIONS WILL BE CONDUCTED TUESDAYS AND THURSDAYS OF EACH WEEK AND MUST BE REQUESTED 24 HOURS IN ADVANCED AT (714-379-922 EXT. 205). 4. THE CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE PROTECTION OF PERSONS AND PROPERTY AT THE JOB SITE, AND PROTECTION OF ADJACENT PROPERTIES. 5. ALL WORK IN THE PUBLIC RIGHT-OF-WAY, ONCE BEGUN, MUST BE DILIGENTLY PURSUED UNTIL COMPLETION PER APPROVED SCHEDULE AS LAID OUT IN THE CONTRACT DOCUMENTS. 6. ALL EXISTING IMPROVEMENTS INCLUDING CONCRETE WALKWAYS WHICH ARE BEING JOINED OR MATCHED IN CONNECTION WITH THIS PROJECT, SHALL BE JOINED OR MATCHED IN A MANNER SATISFACTORY TO THE CITY ENGINEER, INCLUDING NECESSARY SAWCUTTING, ADDITIONAL REMOVALS, EPOXY AND DOWELING, REPLACEMENT AND CAPPING PER THE CONSTRUCTION SPECIFICATIONS. 7. ANY REMOVAL LIMITS AS SHOWN ON THE PLANS SHALL BE FIELD VERIFIED BY THE CITY. 8. ALL ELEVATIONS SHOWN ON THE PLANS SHALL BE BASED ON THE STATED TEMPORARY BENCHMARK. 9. NO REVISIONS SHALL BE MADE IN THESE PLANS WITHOUT THE APPROVAL OF THE CITY ENGINEER. 10. NO REPRESENTATIVE OF THE CITY ENGINEER WILL SURVEY OR LAY OUT ANY PORTION OF THE WORK. 11. APPROVAL OF THIS PLAN BY THE CITY ENGINEER DOES NOT CONSTITUTE A REPRESENTATION AS TO THE MATHEMATICAL CORRECTNESS, ACCURACY OF THE LOCATIONS OR THE EXISTENCE OR NON-EXISTENCE OF ANY UNDERGROUND UTILITY PIPE OR STRUCTURES WITHIN THE LIMITS OF THIS PROJECT. THIS NOTE APPLIES TO ALL PAGES. 12. THE LOCATIONS OF ALL UTILITY SERVICES LINES, SUCH AS SEWER LATERALS, WATER SERVICE, AND GAS SERVICE LINES SHALL BE MARKED WITH APPROPRIATE CHISELED MARKS (I.E., S, W, G) ON THE TOP CURB. 13. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN, AT ALL TIMES DURING CONSTRUCTION, AMPLE MEANS AND DEVICES WITH WHICH TO PROMPTLY REMOVE AND PROPERLY DISPOSE OF ALL WATER FROM ANY SOURCE ENTERING THE WORK AREA. 14. ALL CONSTRUCTION SHALL CONFORM TO THE REQUIREMENTS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, CURRENT EDITION. 15. TRAFFIC CONTROL PLANS, WHERE REQUIRED, SHALL BE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL PRIOR TO COMMENCEMENT OF WORK IN THE PUBLIC STREET RIGHT-OF-WAY. THE TRAFFIC CONTROL PLAN SHALL CONFORM TO THE REQUIREMENTS OF THE LATEST EDITION OF CALIFORNIA MUTCD. 16. CONTRACTORS 24-HOUR EMERGENCY CONTACT: __________________________ (TO BE INSERTED BY CONTRACTOR) 17. THE CONTRACTOR SHALL EXERCISE SUFFICIENT SUPERVISION AND CONTROL DURING CONSTRUCTION, AND PROVIDE THE CITY ENGINEER WITH CERTIFICATION OF PROPER GRADE AND ALIGNMENT IN CONFORMANCE WITH THE APPROVED STREET PLANS. 18. CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL UTILITY MARKINGS. 19. THE CONTRACTOR SHALL HAVE A COPY OF THE CURRENT EDITIONS OF SPPWC AND RDMD STANDARD PLANS ON THE CONSTRUCTION SITE AT ALL TIMES. 20.THE CONTRACTOR SHALL TELEPHONE THE CITY INSPECTOR AT LEAST 48 HOURS PRIOR TO STARTING CONSTRUCTION WORK. 21.CONTRACTOR SHALL MAINTAIN PROJECT SITE IN A NEAT, CLEAN DUST-FREE, AND SANITARY CONDITION AT ALL TIMES. 22.STREETS , CONCRETE WALKWAYS, AND LANDSCAPE AREAS ADJACNET TO THE PROJECT SITE SHALL BE KEPT CLEAN OF DEBRIS, DUST, AND ANY OTHER NUISANCE MUST BE CONTROLLED AT ALL TIMES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY CLEAN-UP WORK ON ADJACENT STREETS AFFECTED BY THE CONSTRUCTION OF THIS PROJECT. 23.STREET CLEANING SHALL BE BY DRY SWEEPING METHOD FOR ALL PAVED AREAS. NO STOCKPILING OF MATERIALS WITHIN THE PUBLIC RIGHT-OF-WAY IS ALLOWED WITHOUT PERMISSION OF THE CITY ENGINEER. 24.PRIOR TO FINAL ACCEPTANCE OF PROJECT IMPROVEMENTS, ALL STREET PAVEMENT STRIPING AND STENCILING WITHIN THE LIMITS OF THE PROJECT WILL BE RESTORED TO A “LIKE-NEW” CONDITION, IN A MANNER MEETING THE APPROVAL OF THE CITY ENGINEER. 25.SURVEY MONUMENTS SHALL BE PRESERVED AND REFERENCED BEFORE CONSTRUCTION AND REPLACED AFTER CONSTRUCTION, PURSUANT TO SECTION 8771 OF THE BUSINESS AND PROFESSIONAL CODE. 26.CONTRACTOR TO ADJUST ALL EXISTING UTILITIES TO FINISH GRADE. 27.ALL EXISTING SURFACE UTILITIES TO BE PROTECTED IN PLACE UNLESS NOTED OTHERWISE IN PLANS. 28.ALL WORK INCLUDING THE FLOOR MARKING LAYOUT, TILE FLOOR, ANCHORS, FITNESS WALL, AND FITNESS EQUIPMENT SHALL CONFORM TO THE REQUIREMENTS SET FORTH BY THE NATIONAL FITNESS CAMPAIGN (NFC). THE CONTRACTOR SHALL REFER TO THE NFC FITNESS COURT INSTALLATION INSTRUCTIONS. 29.LAWNS WHICH ARE DISRUPTED DURING THE WORK MUST BE REGRADED AND REPLACED OR REPAIRED TO MATCH THE EXISTING LAWN. UNLESS SHOWN OR SPECIFIED OTHERWISE IN THE CONTRACT OR DIRECTED OTHERWISE BY THE AGENCY, LAWNS THAT ARE DAMAGED MUST BE REPLANTED WITH NEW SOD. THE RESULTING LAWN MUST BE LEFT IN A CONDITION EQUAL TO OR BETTER THAN THE CONDITION OF THE LAWN PRIOR TO THE START OF THE WORK. 30.TREE REMOVAL MUST BE PERFORMED WITH CAUTION TO AVOID DAMAGING ADJACENT CONCRETE WALKWAYS, INFRASTRUCTURE, AND SOIL THAT WILL REMAIN PROTECTED IN PLACE. 31.REMOVAL OF EXISTING TREES INCLUDES REMOVAL OF TREE STUMPS AND TREE ROOTS 2" OR LARGER IN DIAMETER TO A MINIMUM DEPTH OF EIGHT(8) INCHES BELOW THE GRADING PLANE. REMOVED TREES, STUMPS AND ROOTS ARE THE PROPERTY OF THE CONTRACTOR AND MUST BE REMOVED FROM THE PROJECT SITE. ALL DEBRIS RESULTING FROM TREE REMOVAL WORK, INCLUDING BROKEN BRANCHES, FALLEN LEAVES, WOOD CHIPS, AND SAWDUST PRODUCED FROM STUMP AND ROOT REMOVAL WORK, MUST BE PROMPTLY REMOVED FROM THE WORK SITE. IF THE TREE TO BE REMOVED IS WITHIN THE DRIP LINE OF ANOTHER TREE THAT IS TO REMAIN, THE TREE REMOVAL WORK MUST BE DONE UNDER THE DIRECTION OF A CERTIFIED ARBORIST. THE HOLES RESULTING FROM TREE STUMP AND TREE ROOT REMOVAL ACTIVITIES MUST BE BACKFILLED AS SPECIFIED IN SECTION 18, “EARTHWORK”, OF THESE SPECIFICATIONS. IF THE TREE REMOVAL WORK IS IN A LAWN AREA THAT IS TO REMAIN, THE AREA OF TREE REMOVAL MUST BE REPAIRED AND REPLANTED WITH TURF SOD AS SPECIFIED IN SECTION 20, “LANDSCAPING”, OF THESE SPECIFICATIONS. 32.CLEARING AND GRUBBING CONSISTS OF REMOVING ALL OBJECTIONABLE MATERIAL, INCLUDING BUSHES, SHRUBS, AND PLANT VEGETATION DESIGNATED ON THESE PLANS, FROM WITHIN THE WORK SITE. THE RESULTING CLEARED AREA SURROUNDING THE NEW CONCRETE IMPROVEMENT MUST BE FILLED WITH NEW MATERIAL IN-KIND TO THE EXISTING SURFACE (I.E. GRAVEL, WOOD CHIPS). 33.CLEARING AND GRUBBING OPERATIONS MUST NOT CAUSE MORE THAN MINIMAL DAMAGE TO PUBLIC AND PRIVATE PROPERTY AND IMPROVEMENTS, INCLUDING EXISTING TREES, SHRUBBERY AND LAWNS, OUTSIDE OF THE WORK SITE, OR OTHER AREAS SHOWN ON THE PLANS. DETAIL SHEET 4 DETAIL SHEET 5 12" CAL. 28' DIA. DECIDUOUS TREE PROPERTY LINE SIGN SITE PLAN LEGEND: S SEWER MANHOLE (SMH) STREET LIGHT FIRE HYDRANT OH OVERHEAD WIRES FH D STORM DRAIN MANHOLE (SDMH) POWER POLE CONCRETE MH MANHOLE YARD LIGHT N 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland PROPOSED FITNESS COURT STANTON PARK CITY OF STANTON PUBLIC WORKS DEPARTMENT SITE PLAN 5 GENERAL LOCATION PLAN SITE PLAN SEE SITE PLAN BELOW 2 NOTE: SCE TRANSMISSION TOWERS ARE NOT EXISTENT WITHIN THE VICINITY OF THE SITE PLAN 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland PROPOSED FITNESS COURT STANTON PARK CITY OF STANTON PUBLIC WORKS DEPARTMENT DETAIL SHEET 53 PER PLAN PER PLAN

PER PLAN

PER PLAN PER PLAN PER PLAN PER PLAN SEE ANCHOR LOCATIONS DETAIL SHEET 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland PROPOSED FITNESS COURT STANTON PARK CITY OF STANTON PUBLIC WORKS DEPARTMENT DETAIL SHEET 54 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland PROPOSED FITNESS COURT STANTON PARK CITY OF STANTON PUBLIC WORKS DEPARTMENT DETAIL SHEET 55 STANTON PARK FITNESS EQUIPMENT -27-

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 Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

STANTON PARK FITNESS EQUIPMENT -28-

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.

AGUILAR & CALDERON CORPORATION
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
STANTON PARK FITNESS EQUIPMENT -29-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
EXHIBIT “E”

PAYMENT BONDS
STANTON PARK FITNESS EQUIPMENT -30-

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 STANTON FITNESS EQUIPMENT 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 STANTON PARK FITNESS EQUIPMENT -31-

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.

STANTON PARK FITNESS EQUIPMENT -32-

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
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 27, 2024
SUBJECT: ACCEPTANCE OF THE 2023 CATCH BASIN SCREEN INSTALLATION

PROJECT BY THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA
REPORT IN BRIEF:

The 2023 Catch Basin Screen Installation Project consisting of the installation of new connector pipe screen (CPS-MODTM) and Grated Inlet Trash Screens (GITSTM) devices in catch basins is now complete. The final construction cost for the project was $42,840, coming in under budget below the contract award amount. The City Engineer certifies that the work was satisfactorily completed as of February 5, 2024 and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(b) as minor alteration of existing public utility; and

3. Approve the final construction contract amount of $42,840 with G2 Construction, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

Item: 6F
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2 BACKGROUND:

In 2022, staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) for the installation of proprietary G2 Construction, Inc. connector pipes screens and grated inlet trash screens in 31 catch basins to prevent trash from entering local water ways.

On August 8, 2023, Council awarded the construction contract to G2 Construction, Inc.

ANALYSIS/JUSTIFICATION:

G2 Construction, Inc. installed a total of 19 screens for this Project. There was a reduction in scope of work for the following reasons:
• Five (5) catch basins were removed from the scope of work as they were located on private property;
• Six (6) catch basins were removed from the scope of work as additional work would be needed in order to install the screens; and
• One (1) catch basin was deemed un-installable due to existing site conditions.

The 2023 Catch Basin Screen Installation Project has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

The filing of a Notice of Completion is required by the Agreement for this project and under the California Public Contract Code.

FISCAL IMPACT:

The total amount paid to G2 Construction, Inc. for construction is $42,840. The total budget for the 2023 Catch Basin Installation Project (Task Code No. 2023-103) is $70,000, $56,000 from the OCTA Measure M2 grant and $14,000 from the City’s Gas Tax Fund (#211).

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as minor alteration of existing public utility services.
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.

A. Notice of Completion
Recording requested by and
when recorded mail to:

CITY OF STANTON
7800 KATELLA AVE.

STANTON, CA 90680

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 2738

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is the City of Stanton.

3. The full address of owner is 7800 Katella Avenue, Stanton, CA 90680.

4. The nature of the interest or estate of the owner is: Public Right of Way.

5. A work of improvement on the property hereinafter described was completed on February 5, 2024. The work was the 2023 Catch Basin Screen Installation Project.

6. The name of the contractor for such work of improvement was: G2 Construction, Inc.

7. The property on which said work of improvement was completed is in the City of: Stanton, County of Orange, and State of California.

Dated:______________________ ___________________________________, City of Stanton Verification for Individual Owner Cesar Rangel, City Engineer

VERIFICATION
I, the undersigned, say: I am the City Engineer of the City of Stanton, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _______________________________, 2024, at Stanton, California. _________________________________________, City of Stanton Cesar Rangel, City Engineer
(Space above this line for Recorder’s use)
Attachment: A
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CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 27, 2024
SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23 AND RELATED AUDIT REPORTS
REPORT IN BRIEF:

Each year the City issues an Annual Comprehensive Financial Report (ACFR), which summarizes the financial activity of a local government for a given fiscal year in accordance with financial statement presentation requirements prescribed by government accounting standards (Attachment A). The ACFR is accompanied by an opinion from the City’s audit firm. The audit firm’s opinion on the City’s 2022-23 ACFR is a clean opinion, with no exceptions, modifications, or qualifications. (The audit firm also issued a separate report for the Housing Authority’s 2022-23 audited financial statements. The single audit report on Attachment C was required for the Fiscal Year 2022-23 audit because the City spent more than $750,000 in federal grant funds. No findings or questioned costs are identified in this report. In addition, the City’s auditors issue other reports in relation to the City’s audit. These reports are provided in Attachments D and E. (Attachment D, page 6 includes one recommendation from the City’s auditors.)
RECOMMENDED ACTIONS:

2. Receive and file the Annual Comprehensive Financial Report (ACFR), and related audit reports.

ANALYSIS/JUSTIFICATION:

An ACFR is organized into three sections: the introductory section, the financial section, and the statistical section. The introductory section includes a letter of transmittal that provides an overview of the City. The financial section includes the audit opinion, management’s discussion and analysis, government-wide financial statements, notes to Item: 6G
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the financial statements, and supplementary schedules. Management’s discussion and analysis provides narrative information as well as an overview and analysis of the City’s financial statements. The statistical section provides operational and demographic statistics and ten years of selected financial data.

Government-wide Financial Statements
The government-wide financial statements that are included in the ACFR provide the reader with an opportunity to ascertain the financial status of all funds and activities of the City in a single consolidated presentation. As of June 30, 2023, the City held $170.7 million in assets (Attachment A, page 44). Those assets consisted of cash and investments ($67.8 million), capital assets ($94.4 million), and receivables and prepaid expenses ($8.5 million).

The government-wide financial statements also display the obligations of the City that represent claims against those assets. As of June 30, 2023, the City owed $11.9 million consisting of short-term obligations ($3.3 million), long-term obligations ($0.3 million), and the City’s unfunded pension liability for employee service rendered to date ($8.3 million) (Attachment A, page 44).

The government-wide financial statements also report a consolidation of all revenues and expenses of the City. On a consolidated basis, City revenues exceeded expenses by $7.5 million (Attachment A, page 46).

Fiduciary funds are funds held on behalf of other parties. These funds (North Orange County Public Safety Collaborative Fund and the Successor Agency to the Stanton Redevelopment Agency Fund) are excluded from the government-wide financial statements.

Fund Financial Statements
Local governments typically receive funding from multiple sources, some of which are restricted to specific uses and some of which are unrestricted. As a result, local governments establish separate funds to segregate the resources that are restricted for specific programs and activities. The fund financial statements that are contained in the ACFR display the financial activity of major funds in separate columns so that the reader can ascertain the revenues, expenditures, and remaining unspent fund balance of each of those major funds.

One of the City’s major funds is the General Fund. The General Fund is the primary operating fund of the City that pays for much of the City’s day to day operating expenditures. The General Fund (Funds 101, 102, and 801) accounts for the unrestricted resources of the City, the spending of which can be directed by City Council toward any lawful public use. (Fund 801, the City’s Developer Deposits Fund, is not included in the City’s General Fund revenue and an expenditure report is provided to the City Council monthly. The City’s auditors include this fund with the General Fund for ACFR reporting purposes in accordance with government accounting standards.) As of June 30, 2023, the General Fund’s spendable fund balance was $36.3 million. Of this amount, $1.3 million was set aside for expenditures that were budgeted in Fiscal Year 2022-23 that were delayed and will be spent in Fiscal Year 2023-24; $5.0 million was set aside by the City Council on June 13, 2023, to allocate to fund on special projects that were formerly funded by the American Rescue Plan Act (ARPA) funding; $14.4 million represents reserves set aside by the City Council with the adoption of Resolution No. 2022-24 for certain contingencies such as: economic uncertainty, emergency equipment and maintenance, emergency disaster, and capital improvements. In addition, $1.8 million was set aside for future appropriations in accordance with the provisions contained in various developer agreements. After accounting for those amounts, there was $13.8 million in the General Fund’s fund balance available for appropriation (Attachment A, page 105).

Housing Authority Audited Financial Statements (Attachment B) This report is a clean report with no findings identified. Staff transmitted this report to the City Council via email on December 22, 2023, in compliance with Senate Bill 341. The Housing Authority’s audited financial statements report that the Housing Authority’s net position (the amount that assets exceed liabilities) was $31.3 million as of June 30, 2023 (Attachment B, page 16). Most of the Housing Authority’s assets are in the form of cash and investments ($9.9 million) and capital assets (consisting of land and buildings and improvements) associated with the Tina-Pacific properties ($20.6 million). In Fiscal Year 2022-23, the Housing Authority’s expenses exceeded revenues by $3.1 million (Attachment B, page 17), primarily due to a $2.5 million affordable housing grant provided to JHC-Beach3LLC (“JHC”), and the demolition of the building located at 8861 Pacific Avenue.

Single Audit Report (Attachment C)
This report is a clean report with no findings identified. The Single Audit Act and Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, requires entities that expend equal to or more than $750,000 in federal expenditures in a fiscal year to have an audit performed in accordance with the Single Audit Act. During the fiscal year ended June 30, 2023, the City spent $9.6 million in federal expenditures (Attachment C, page 8). The two federal grant programs that were audited as “major programs” for the City’s single audit were the Coronavirus State and Local Recovery Funds program (issued under the American Rescue Plan Act of 2021) and the Edward Byrne Memorial Justice Assistance Grant program.

Other Related Audit Reports
In addition to the audit firm’s opinion on the fair presentation of the City’s financial statements, audit firms are required to provide certain related audit communications whenever they perform an audit of local government financial statements. Those related audit communications are included as Attachments D and E to this agenda report. The content of these required audit communications is described below:
• Report on Those Charged With Governance (Attachment D) – This report communicates the inherent limitations of the audit process, assumptions that underlie the financial reporting process for all local governments and identifies any material misstatements or difficulties that were detected in the performance of the audit. For Fiscal Year 2022-23, this report is a clean report with no such matters noted. However, this report includes one recommendation involving compliance with the City’s investment policy (Attachment D, page 6). The City’s investment policy specifies a performance metric to use in the evaluation of the investment advisor’s performance. In practice, the City’s contract with Chandler Asset Management specifies a different performance metric. Staff plans to update the City’s investment policy to reflect the current procedures that are being followed when the policy is reviewed in June.
• Article XIIIB Limit on Appropriations (Gann Limit) (Attachment E) – This report communicates the audit firm’s testing of the City’s computation of the statutory appropriation limit (Gann Limit). No findings are identified in this report.

FISCAL IMPACT:

Not applicable.

ENVIRONMENTAL IMPACT:

This action is not a project per the California Environmental Quality Act.

LEGAL REVIEW:

Not applicable.

PUBLIC NOTIFICATION:

Through the regular agenda posting process.

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. Annual Comprehensive Financial Report
B. Housing Authority Financial Statements
C. Single Audit Report
D. Report on Communication With Those Charged with Governance E. Article XIIIB Limit on Appropriations (Gann Limit)
ANNUAL

COMPREHENSIVE

FINANCIAL
REPORT
YEAR ENDED JUNE 30. 2023

CITY OF STANTON, CALIFORNIA
7800 Katella Avenue, Stanton, CA 90680 | (714) 379-9222 | StantonCA.gov

ATTACHMENT A

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Stanton City CouncilFebruary 27, 2024

Stanton City Council
February 27, 2024