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Onyx Paving Company, Inc. BidADDENDUM NUMBER 1 TO: All Prospective Bidders and Plan Holders FROM: Bryan McKinney, Public Works Director/City Engineer DATE: April 19, 2023 SUBJECT: Project No. 2022-08 and CDBG Project No. 4.LQ.47-22, Citywide Miscellaneous ADA Improvements The following shall be considered as incorporated into the project plans and specifications for the above referenced project. Portions of plans and specifications not specifically mentioned in this Addendum remain in force. ■ PROJECT BID DOCUMENTS Section 1300 Sheet 1300-6, Subsection 16.0, Replace the Wage Determination with the following: As Reads: General Decision Number. CA20230025 Modification Number: 3 Date: 02-10-2023 Is Amended to Read — General Decision Number: CA20230025 Modification Number: 4 Date: 4-07-2022 Section 1650 Sheet 1550-2, Replace the Wage Determination with the following: As Reads: 4. B-2 Federal Prevailing Wage Decision (CA20230025 Mod. _3 ) Is Amended to Read: 4. B-2 Federal Prevailing Wage Decision (CA20230025_ Mod. —4_) a�Cu ��Cv CIA -- Sheet 1550-13, Replace the Wage Determination with the following: As Reads: (CA20230025 Mod. _3—) Is Amended to Read: (CA20230025_ Mod. _4_) Sheet 1550-14, Replace the Wage Determination with attached General Decision Number: Section 1550 `Federal Prevailing Wage Decision' is replaced with the attached Section dated 4-07-2022. The Contractor is hereby notified; Addendum No. 1 must be acknowledged as stipulated under the instructions to Bidders and submitted as part of the Bid. Failure to do so shall result in the City designating said bid as "Non -Responsive. " APPROVED: Attachments: Bryan McKinney, P.E. (f Public Works Director/City Engineer Updated Federal Wage Rates END OF ADDENDUM NUMBER 1 tevQ�r�, BID DOCUMENTS SPECIFICATIONS CITY PROJECT NO. 2022-08 AND CDBG PROJECT NO. 4.LQ.47-22 CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA DEPARTMENT OF DESIGN & DEVELOPMENT 78-495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7000 APPROVED BY: DATE: March 31, 2023 &,A- ! � BRYAN McKIN Y, P.E. PUBLIC WORKS DIRECTOR/ CITY ENGINEER R.C.E. No. 49418 Exp Date: 09/30/2024 MARCH 2O23 TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE 1100 Invitation to Bid 1100-1 1110 Instructions to Bidders 1110-1 1.0 Work to be Done 1110-1 2.0 Examination of Contract Documents 1110-1 3.0 Inspection of Site 1110-1 4.0 Interpretation of Contract Documents 1110-2 5.0 Postponement of Opening 1110-2 6.0 Opening of Bids 1110-2 7.0 Preparation of Bid Forms 1110-3 8.0 Bidder's Signature and Authority 1110-3 9.0 Erasures 1110-4 10.0 Bid Irregularities 1110-4 11.0 Modification of Bid 1110-4 12.0 Withdrawal of Bids 1110-4 13.0 Addenda 1110-4 14.0 Bid Prices 1110-5 15.0 Bid Guaranty 1110-5 16.0 Qualification of Bidder 1110-5 17.0 Subcontractors 1110-6 18.0 Bidders Interested in More Than One Bid 1110-6 19.0 Sheeting, Shoring, and Bracing 1110-7 20.0 Wage Rates 1110-7 21.0 Offer of Assignment of Antitrust Actions 1110-7 22.0 Assignment of Contract 1110-7 23.0 Rejection of Bids 1110-8 24.0 Contract and Bonds 1110-8 25.0 Award of Contract 1110-8 26.0 Execution of Contract 1110-8 27.0 Construction Documents 1110-9 28.0 Bid Protest 1110-9 1200 Bid 1200-1 1210 Bid Schedule 1210-1 1220 Bid Guaranty Bond 1220-1 1230 Certification of Bidder's Experience and Qualifications 1230-1 1240 Proposed Subcontractors 1240-1 1250 Non -Collusion Affidavit 1250-1 1260 DIR Project Vendor Information 1260-1 1270 Iran Contracting Act of 201C Certification 1270-1 1280 Russian Aggression Against Ukraine Sanctions 1280-1 Certification 1290 CDBG Required Bid Forms 1290-1 1300 Contract 1300-1 1310 Performance Bond 1310-1 1320 Payment Bond 1320-1 1330 Workers' Compensation Insurance Certificate 1330-1 1340 Liability and Insurance Requirements 1340-1 1.0 Indemnification 1340-1 2.0 Insurance Requirements 1340-3 2.1 General 1340-3 2.2 Insurance 1340-3 2.3 Remedies 1340-5 2.4 General Conditions 1340-6 2.5 Change in Terms 1340-9 1400 General Conditions 1400-1 1.0 General 1400-1 1.1 Intent of Contract Documents 1400-1 1.2 Discrepancies and Omissions 1400-1 1.3 Headings 1400-2 1.4 Penalty for Collusion 1400-2 1.5 Successors and Assigns 1400-2 1.6 Assignment to City 1400-2 1.7 Rights and Remedies 1400-2 1.8 Definitions 1400-3 2.0 Administration 1400-8 2.1 Administration of the Contract 1400-8 2.2 City Engineer 1400-8 2.3 Consultants 1400-9 3.0 City 1400-9 3.1 General 1400-9 3.2 Attention to Work 1400-9 3.3 Inspection 1400-10 3.4 City's Right to Carry Out the Work 1400-10 3.5 City's Right to Perform Work and to 1400-10 Award Separate Contracts 4.0 Contractor 1400-11 4.1 Office 1400-11 4.2 Contractor's Representative 1400-11 4.3 Construction Procedures 1400-11 4.4 Contractor's Employees 1400-12 4.5 Subcontractors 1400-12 4.6 Contractor's Equipment and Facilities 1400-12 4.7 Public Safety and Convenience 1400-13 4.8 City -Contractor Coordination 1400-13 4.9 Permits 1400-14 4.10 Contractor's Responsibility for the Work and Material 1400-15 4.11 Laws to be Observed 1400-15 4.12 Safety 1400-19 5.0 Control of Work and Material 1400-20 5.1 Means and Method 1400-20 5.2 City -Furnished Materials 1400-21 5.3 Defective and Unauthorized Work 1400-21 5.4 Unnoticed Defects 1400-22 5.5 Right to Retain Imperfect Work 1400-22 6.0 Progress of the Work 1400-22 6.1 Beginning of Work 1400-22 6.2 Time of Completion 1400-22 6.3 Delays 1400-23 6.4 Time Extensions 1400-24 6.5 Temporary Suspension of Work 1400-26 6.6 Termination of Contract 1400-27 7.0 Changes in Scope of Work 1400-28 7.1 Change Orders 1400-28 7.2 Differing Site Conditions 1400-29 7.3 Resolution of Disputes 1400-29 8.0 Project Modifications Procedures 1400-34 8.1 Changes in Contract Price 1400-34 8.2 Negotiated Change Orders 1400-35 8.3 Force Account Payment 1400-36 8.4 Time Extensions for Change Orders 1400-38 9.0 Payment 1400-39 9.1 Scope of Payment 1400-39 9.2 Partial Payments 1400-40 9.3 Partial Payments - Inclusion of Material on Hand 1400-41 9.4 Right to Withhold Amounts 1400-41 9.5 Substantial Completion 1400-43 9.6 Final Inspection and Payment 1400-43 9.7 Warranty of Title 1400-44 1500 Supplemental General Conditions 1500-1 1.0 City Engineer 1500-1 2.0 Consultants 1500-1 2.1 Design Engineer 1500-1 2.2 Materials Testing 1500-1 2.3 Survey 1500-1 3.0 Liquidated Damages 1500-2 4.0 Submittals 1500-2 1550 Special Federal Provisions 1550-1 DIVISION 2 - GENERAL PROJECT REQUIREMENTS 2000 General 2000-1 1.0 Standard Specifications 2000-1 1.1 Alternative Specifications 2000-1 2.0 Standard Plans 2000-2 2.1 Alternative Guidance 2000-2 3.0 Preconstruction Conference 2000-2 3.1 Attendees 2000-2 3.2 Agenda 2000-2 4.0 Progress Schedules 2000-3 4.1 General 2000-3 4.2 Construction Schedule 2000-3 4.3 Time Impact Analysis 2000-4 4.4 Weekly Activities Plan 2000-4 4.5 Cash Flow Projection 2000-4 4.6 Lump Sum Price Breakdown 2000-5 5.0 Special Controls 2000-5 5.1 Dust Control 2000-5 5.2 Noise Abatement 2000-5 5.3 Working Hours 2000-6 5.4 Drainage Control 2000-6 5.5 Construction Cleaning 2000-6 5.6 Disposal of Material 2000-7 5.7 Parking and Storage Areas 2000-7 6.0 Protection and Restoration of Existing Improvements 2000-7 7.0 Existing Utilities 2000-8 7.1 General 2000-8 7.2 Notification and Location 2000-8 7.3 Damage and Protection 2000-8 7.4 Utility Relocation and Rearrangement 2000-9 7.5 Underground Facilities 2000-9 DIVISION 3 - SPECIAL PROVISIONS SECTION 3000 1.0 General 3000-1 1.1 Scope of Services 3000-1 1.2 Project Description 3000-1 1.3 Project Plans 3000-1 1.4 Drawings of Record 3000-2 1.5 Cooperation with other Contractors 3000-2 1.6 Time Allowed for Construction 3000-2 2.0 Bid Items 3000-3 3.0 Materials 3000-3 3.1 General 3000-3 3.2 Substitutions 3000-3 3.3 Storage 3000-4 4.0 Work Details 3000-4 4.1 Traffic Control 3000-4 4.2 Dust Control 3000-8 4.3 Water 3000-9 4.4 Permits, Licenses and Inspection Fees 3000-9 4.5 Air Contaminants 3000-9 4.6 Notification 3000-9 DIVISION 4 - TECHNICAL SPECIFICATIONS SECTION 4000 1.0 General Requirements 4000-1 2.0 Mobilization 4000-1 3.0 Traffic Control 4000-1 4.0 Dust Control 4000-2 5.0 Clearing and Grubbing 4000-2 6.0 Unclassified Excavation 4000-3 7.0 Existing Bituminous Pavement Removal 4000-4 8.0 Existing Concrete Pavement Removal 4000-5 9.0 Existing Concrete Curb and Gutter Removal 4000-6 10.0 Unclassified Fill 4000-6 11.0 Grading and Subgrade Preparation 4000-7 12.0 Asphalt Concrete 4000-7 13.0 Concrete and Masonry Construction 4000-10 14.0 Truncated Dome 4000-13 15.0 Landscaping and Irrigation 4000-13 16.0 Striping 4000-13 17.0 Traffic Signs 4000-16 Appendix A: Escrow Agreement for Security Deposits In lieu of Retention Appendix B: Standard Plans SECTION 1100 INVITATION TO BID PROJECT NO. 2022-08 AND CDBG PROJECT NO. 4.LQ.47-22 CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk located at 78495 Calle Tampico, La Quinta, California, 92253, until 10:00 A.M. on Monday April 24, 2023 at which time they will be publicly opened and read for performing work as follows: This project is located at La Quinta Community Park, three intersections on Avenida Montezuma, and at the intersection of Desert Club Drive and Springtime Way: Avenida Mendoza north of La Quinta Community Park, Avenida Mendoza south of La Quinta Community Park, and Avenida Navarro. Work includes the reconstruction of curb ramps, sidewalk, and driveways to bring them up to current code. Work will also include full depth asphalt concrete grind and overlay to construct modified curb ramps. All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. Refer to Sections 3000 and 4000 for more information. This project shall be completed within 30 working days from the date specified in the Notice to Proceed. Time for the commencement and completion of the work is important and is to be of the essence of the Contract. The successful bidder should plan to order any long lead time equipment items immediately following "Notice of Award". FEDERAL FUNDING - This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis - Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions. A pre -bid conference is scheduled for 9:00 A.M., Monday April 17, 2023. The pre -bid conference will be held in the City owned parking lot on the northwest corner of Avenida Bermudas and Avenida Montezuma. Complete sets of the bidding documents may be purchased online at: www. planitplanroom.com IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not receive addendums. It is the responsibility of the bidder to ensure that they are placed on the plan holders list. Invitation to Bid 1100-1 Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms bound and made a part of said Specifications. Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City reserves the right to reject or all bids, and to waive any irregularities in the bids. Bid log sheets can be found at htty://www.laquintara.gov/business/design- gnd-d veloument/bid-on-jobs. Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub -consultants. Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov, Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates Prevailing Wages — The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents. Invitation to Bid 1100-2 Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http_://www.dir.ca.gov/Public-Works/PublicWorks.html . Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to S113854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300. All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the General Contractor shall possess a valid Class A (General Engineering Contractor) and/or C-8 license (Concrete Contractor), at the time that the bid is submitted. Subcontractors shall possess valid, suitable licenses for the work they will perform. Failure to possess the specified license(s) shall render the bid as non -responsive. The successful bidder will be required to furnish a Labor and Materials bond in the amount equal to one hundred percent (100%) of the Contract price, as well as a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price. Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal. Telephones will not be available to bidders. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend. Invitation to Bid 1100-3 No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. By: &IA - Approved Bryan McKinney, P.E. Public Works Director/ City Engineer ��4'Published By: vl( Monika Radeva City Clerk End of Section Invitation to Bid Date: March 31, 2023 Date: March 31, 2023 1100-4 SECTION 1110 INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the City to construct improvements as shown and set forth on the plans and detailed drawings, and in the particular locations shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals and equipment necessary for Project No. 2022-08 and CDBG Project No. 4.LQ.47-22, Citywide Miscellaneous ADA Improvements, and all appurtenant incidental items. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a bidder to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, and (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Instruction to Bidders 1110-1 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any bidder as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing and delivered at least five (5) days before the time announced for opening the bids to: Ubaldo Ayon, Assistant Construction Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7096 - Phone uayonC•blaquintaca.cgov- Email Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. 5.0 POSTPONEMENT OF OPENING The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING ❑F BIDS All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the opening and reading of bids. Any bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will be considered nonresponsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. The nature and amount of the security furnished with the bid. Instruction to Bidders 1110-2 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in and all prices must be stated in figures. Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The basis for award shall be the lowest combined price of the Base Bid Area plus all Additive Alternates. All bids must be submitted in a sealed envelope, addressed to the City Clerk, with the following annotation: BIDDER ADDRESS This envelope contains a SEALED BID for: Project No. 2022-08 and CDBG Project No. 4.LQ.47-22, Citywide Miscellaneous ADA Improvements CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: April 24, 2023 @ 10:00 A.M. Unless revised by Addendum. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, upon request of the City Engineer or designee, showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or contract empowering the representative to execute the bid and bind the joint venture. Instruction to Bidders 1110-3 9.0 ERASURES The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid. 10.0 BI❑ IRREGULARITIES Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered. 11.0 MODIFICATION OF BID Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. 12.0 WITHDRAWAL OF BIDS In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Project Documents. 13.0 ADDENDA Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. You must be on the plan holders list through Planit Planroom Enterprises or Plan Manager Pro in order to receive Addenda. Instruction to Bidders 1110-4 14.0 BID PRICES Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid. 15.0 BID GUARANITY The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company authorized to carry on business in the State of California for payment to the City in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guarantee bond shall be provided on the form included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds evidences of insurance; and to enter into, execute, and deliver to the City the Contract on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Contract is ready for execution. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. 16.0 QUALIFICATION OF BIDDER Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS. Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract. Instruction to Bidders 1110-5 The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents. 17.0 SUBCONTRACTORS In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00), whichever is greater. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from the information submitted by the Contractor, and subject to approval of the Engineer. Failure to list subcontractors may render the bid non -responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. 18.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub -proposals or quote prices on materials to more than one bidder. The City may reject the bids of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 1250, NON -COLLUSION AFFIDAVIT. Instruction to Bidders 1110-6 19.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub -consultants. 20.0 WAGE RATES Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. These wage rates are available from the California Department of Industrial Relations' Internet web site at: www.dir.ca.gov Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work before bids are submitted. 21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will 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, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 22.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. Instruction to Bidders 1110-7 23.0 REJECTION ❑F BIDS The City reserves the right to reject all bids for any reason. The City further reserves the right to reject any bid: which is non -responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0, QUALIFICATION OF BIDDER; which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient or irregular bid security; or, which is from a bidder who has previously failed, on a contract of any nature, to perform properly or to complete it on time. The City reserves the right to waive irregularities. 24.0 CONTRACT AND BONDS The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to City. The form of Contract, as provided in Section 1300, which the successful bidder as Contractor will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which it will be required to furnish, shall be carefully examined by the bidder. 25.0 AWARD ❑IF CONTRACT Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Contract in the form set forth in the Contract documents. 26.0 EXECUTION OF CONTRACT The Contract Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. Instruction to Bidders 1110-8 27.0 CONSTRUCTION DOCUMENTS The City will furnish the Contractor five copies of the Specifications after the execution of the Contract. The Contractor may request up to three additional copies at no cost, for a total of eight (8) no cost copies. 28.0 BID PROTEST Any bid protest must be in writing and received by City at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later than two working days following bid opening (the "Bid Protest Deadline") and must comply with the following requirements: 28.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. The protesting bidder must submit a non-refundable fee in the amount of $788.00, based upon City's reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 28, a "working day" means a day that City is open for normal business, and excludes weekends and holidays observed by City. 28.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. 28.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 28.4 Response to Protest. The protested bidder may submit a written response to the protest provided the response is received by City before 5:OOp.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Response Deadline"). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. Instruction to Bidders 1110-9 28.5 Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 28.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 28.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination. 28.8 Compliance with Iran Contracting Act of 2010. Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 etseq.), (a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One Million Dollars ($1,000,000) or more if Contractor engages in investment activities in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is identified on the list of persons engaging in investment activities in Iran prepared by the State of California pursuant to Public Contract Code Section 2203 subdivision (b). (b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification and submit with their proposal at the time of bid. Contractor shall obtain the Iran Contracting Act Certification in the form approved by the State of California, or upon written request to the City Clerk's Office, a copy of the form will be provided to Contractor. Failure by Contractor to provide the certification required by this Section may deem Contractor's bid non -responsive. (c) Nothing in this Section is intended to prevent the City from exercising its rights pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a case -by -case basis. Instruction to Bidders 1110-10 28.9 Compliance with California Executive Order N-6-22. Russian aggression against Ukraine. (a) Contractor shall comply with California Governor Executive Order N-6-22 regarding sanctions in response to Russian aggression in the Country of Ukraine, and any implementing guidelines and/or economic sanctions imposed by the United States government in response to Russian actions in Ukraine, as well as any sanctions imposed under California law (collectively "economic sanctions"). Contractor shall comply with all such economic sanctions. By submitting a bid to the City, Contractor agrees to take any and all actions to support the Ukrainian government and people as required by law, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine. (b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall submit a written report to the City on Contractor's compliance with the economic sanctions, and the steps Contractor has taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine as required by law. Failure to submit the report required by this Section may deem Contractor's bid non- responsive. END OF SECTION Instruction to Bidders 1110-11 SECTION 1200 BID DATE: 04/21 /2023 The undersigned, as bidder, declares it has received and examined the Contract Document entitled Project No. 2022-08 and CDBG Project No. 4.LQ.47.22, Citywide Miscellaneous ADA Improvements, and will contract with the City, on the form of Contract provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE 1200 Bid 1210 Bid Schedule 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Proposed Subcontractors 1250 Non -Collusion Affidavit 1260 DIR Project Vendor Information 1270 Iran Contracting Act of 2010 1280 Russian Aggression Against Ukraine Sanctions 1290 B-4 Certification of Bidder Regarding Non -Segregated Facilities (Required for all Projects) 1290 B-7 Bidder's Certification on Federal Contract Requirements (Required for all Projects) 1290 B-8 Questionnaire Regarding Bidders (Required for all Projects) 1290 B-9 List of Subcontractors and Suppliers (Required for all Projects) We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. Addendum # Date Received Init-9 Is 1 04/19/2023 h,1 COREY R KIRSCHNER - CEO, PRES, VP, SEC, TREA. Bid 1200-1 Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY. ONYX PAVING COMPANY, INC. Name of Bidder 714-632-6699 Bidder's Telephone Number If our bid is accepted, we agree to sign the contract without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. ONYX PAVING COMPANY, INC Name of Bidder 714-632-6699 Bidder's Telephone Number 2890 E. LA CRESTA AVE. ANAHEIM, CA 92806 BIDS@ONYXPAVING.NET Bidder's Address 630360; A, C-12 Contractor's License No. CALIFORNIA State of Incorporation Sign pare of Bidder COREY R. KIRSCHNER Printed Name of Signatory CEO, PRIES, VP, SEC, TREA. Title of Signatory Bidder's Email Address 10/31 /2023 Contractor's Expiration Date Witness Title of Witness Bid 1200-2 SECTION 1210 BID SCHEDULE PROJECT NO. 2022-08 AND PROJECT NO. 4.LQ.47.22 CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 To Whom It May Concern: Pursuant to the Invitation to Bid, and in accordance with the provisions therein stated, the undersigned hereby proposes and agrees that on award by the City under this Bid, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for Project No. 2022-08 and CDBG Project No. 4.LQ.47.22, Citywide Miscellaneous ADA Improvements, in accordance with the plans and specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. It is understood that the basis of award shall be the lowest total price of the Base Bid Area plus all Additive Alternates. Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient cause for the rejection of our bid. Bid Schedule 1210-1 BASE BID — WORK SHOWN ON SHEET 2 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) _ Dollars Dollars $ Cj�O �,� $ �S�v 1 Mobilization 1 LS 2 Traffic Control 1 LS $ (5,0'0o $ ,6D0 3 Dust Control 1 LS Sawcut, Remove, and Dispose of 4 Existing Cross -Gutter, Sidewalk, 2,488 SF $ 700 $ i 7 LAIC, Ramp, Driveway, and Pavers LF J� $ % $ _7j G92_ 5 Sawcut, Remove, and Dispose of 167 Existin Curb; and Curb & Gutter 6 Construct Sidewalk per City of La 1,251 SF $ $ 6j Z S S Quinta Std. No. 240 Mod. Construct Portion of Cross -Gutter 7 per City of La Quinta Std. No. 230 49 SF $ Mod. and 231 Mod. 8 Construct Concrete Curb Ramp per City of La Quinta Std. No. 250 5 EA $ r100 0 $ cc0,000 Mod., Case A Construct Concrete Curb Ramp 9 per City of La Quinta Std. No. 250 3 EA $ 0,00 0 $ ZW, oco Mod., Case B Construct Driveway Approach per 7_7 6'C100 10 City of La Quinta Std. No. 221 320 SF $ $ Mod. Remove, Regrade, and Reset 1 A� �� 11 Street Pavers per City of La 88 SF $ $ i Quinta Std. 206 Sawcut, Remove, and Dispose of Existing Concrete Ramp; Furnish 12 and Install Truncated Dome 15 SF $ $ $LSO Concrete Tiles per City of La Quinta Std. No. 250 Mod. Full Depth Grind Asphalt Concrete 13 Pavement (3"), Compact Existing 80 SF $ gJ $ Base and Overlay 3" 14 Modify Ex. Landscape, Hardscape, 1 LS $ j 0, 000 $ 101000 and Irrigation as Needed 15 Signing and Striping, Including All 1 LS $ 'O1000 $.(() vO Incidentals ,O Total Amount of Bid Items 1 — 15 $ Bid Schedule 1210-2 City may award all or none of the following additive alternates: ADDITIVE ALTERNATE NO. 1 — AVE. MONTEZUMA AND AVE. NAVARRO Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) 1 Dollars Dollars 1 Mobilization LS $ l S'00o $ OD(') 2 Traffic Control 1 LS $ I s,o00 $ ,oe0 3 Dust Control 1 LS $ S;000 $ 5,000 4 Sawcut, Remove, and Dispose of 96 LF $ L6 $ �, Uf 6 Existing Curb and Gutter Construct Curb and Gutter 5 Transitions per City of La Quinta 96 LF $ $ 4,000 Std. No. 250 Mod. Sawcut, Remove, and Dispose of Existing Concrete Ramp; Furnish 6 and Install Truncated Dome 72 SF $ Concrete Tiles per City of La uinta Std. No. 250 Mod. Full Depth Grind Asphalt Concrete 7 Pavement (3"), Compact Existing 977 SF $ Base and Overlay 3" Modify and Restore Existing 8 Landscape, Hardscape, and 1 LS $\04000 $ Irrigation as Needed 9 Signing and Striping, Including All 1 LS oo $ Z' S $ 2 S� Incidentals Total Amount of Additive Alternate Bid Items 1-9 ADDITIVE ALTERNATE NO. 2 — PUBLIC PARKING LOT DRIVEWAY Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Mobilization Dollars Dollars $ ISOaO 1 1 LS $ j �j dOJ 2 Traffic Control 1 LS $ 15, 0 0 0 $ I$/00-0 3 Dust Control 1 LS $ ��00 o $ Ooo 4 Sawcut, Remove, and Dispose of 278 SF $ O ExistingDriveway$ 1% Bid Schedule 1210-3 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 5 _ Sawcut, Remove, and Dispose of 40 LF $ 46 _ $ `j ew Existing Curb and Gutter Construct Driveway Approach per 6 City of La Quinta Std. No. 221 278 SF $ $ 2—d W Mod. Total Amount of Additive Alternate Bid Items 1-6 $ 4Z/qvU ADDITIVE ALTERNATE NO. 3 — DESERT CLUB DRIVE AND SPRINGTIME WAY Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) 1 LS Dollars $ )5,000 Dollars $ is" coo 1 Mobilization 2 Traffic Control 1 LS $ I �,Qp� $ IS, 000 3 Dust Control 1 LS $ S,o�a $ S,00v 4 Sawcut, Remove, and Dispose of 703 SF $ Z $ gRfP3 Existing Sidewalk and Ram 5 Unclassified Fill 2 CY $ ZIOvb $ r vary 6 Construct Sidewalk per City of La 527 SF $ 5 $ Z G3S Quinta Std. No. 240 Mod. 7 Construct Concrete Curb Ramp per City of La Quinta Std. No. 250 2 EA $ 7 S00 $ (S,000 Mod. Case A Sawcut, Remove, and Dispose of Existing Concrete Ramp; Furnish 8 and Install Truncated Dome 47 SF $ O p $ (�(� I G Concrete Tiles per City of La Quinta Std. No. 250 Mod. Modify and Restore Existing 9 Landscape, Hardscape, and 1 LS $ W,000 $ [ v/ovo Irrigation as Needed 10 Signing and Striping, Including All 1 LS $ i772 $ (,7 ZZ Incidentals Total Amount of Additive Alternate Bid Items 1-10 $ g0,`ig3 Bid Schedule 1210-4 GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures): GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words): - =our kv'VillreJ CAwJ }-t-v0 4X011A-C,V�- JO(Icir& -eUfvl Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provi ed herein. Signature of Bidder (Ink) COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA. Name of Bidder (Printed or Typed) VAEIS-9yZi:! 1: BIDS@ONYXPAVING.NET Bidder Telephone Number Bidder Email Address Bid Schedule 1210-5 SECTION 1220 BID GUARANTY BOND PRINCIPAL, and United Fire& Casual Company , as SURETY, are held and firmly bound unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the 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 to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above -mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be opened at La Quinta, California. PROJECT NO. 2022-08 AND CDBG PROJECT NO. 4.LQ.47.22 CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this loth day of April _, 2023. Onyx Paving Company, Inc. United Fire & Casualty Company e ojf Signatory nature of Principal Lyq a L� GfMy fw* Address Title of Signatory 118 Second Avenue SE Cedar Rapids, Iowa 52401 Address Note: Signatures of those executing for the surety must be properly acknowledged. Bid Guaranty Bond 1220-1 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 Orange - - ) On .. APR 2 O 2023 before me, Melissa A. Lo ez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Christina Rogers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(z) is/me subscribed to the within instrument and acknowledged to me that Wshe/jb= executed the same in /her/#t&authorized capacity(ies), and that by /her/Afsignature(x) on the instrument the person(s), or the entity upon behalf of which the person(g) 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. MELISSAA. LOPEZ WITNESS my hand and official sea ��- Notary Public • California i - Orange County Commission # 2363055 Signature_ My Comm. Expires Jun 28. 202..5 � Signature of try tublic = r Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 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 • UNiTED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UflUNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE utFINANCIAL, PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, iA 52401 INSURANCE CERTiF1ED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL. PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under die laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of Ole State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint ERIK JOHANSSON, JOAQUIN PEREZ, ALBERT MELENDEZ, JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, EACH INDIVIDUALLY their true and lawful Attonncy(s)-in-Fact with power and authority hereby confen-ed to sign, seal and execute in its behalf all lawfid bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $25, 000, 000.00 and to bind tie Companies thereby as hilly and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ralified and confirmed. The Authority hereby grnnled shall expire tic 24t h day of August, 2024 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company, This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & indemnity Company, and Financial Pacific Insurance Company. "Article N'I — Surety Bonds and Undertakings" Section 2,AppoinlmentofAttorney-in-Fact. "The President or any Vice President, or any other officer ofthe Companies may, front time to tint c, appoint by w rillen cerlificata attorneys -in -fact to act in behalfofthe Companies in the execution of policies of insurance, bonds, undertakings and other ob ligatory instruments of like nature. The signature of anv officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any potter of attorney or special power of attomey or certification of either authorized hereby: such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually aflixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, tie COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 24t h day of August, 2022 1t�CAU, A04i �LWyrktil iy 4 �yNS tilllk 14�+ "' %^ a�.s `'+�y *]4•`•c-r y�f� UNITED FIRE & CASUALTY COMPANY $e �' UNITED FIRE' & INDEMNITY COMPANY rapianlnrr "r�a� iYMn1IXnIF �•3y Y i� s�tL �' srnL >.� n ,aeaz� : FINANCIIIAALPACIFIC INSURANCE COMPANY ill yp+,.lin{111a ��+`y�! .FnS � � '`'F•l•^ � V (/y}/�� 11111By. 11A -y7n11R131 "•� INIJ11N111, 'J State of Iowa, County of Linth, ss: (/Vice ]'resident On 24th day of August, 2022, before me personally came Dennis J. Richmann to me known, who being by me ditty sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above unstrunenl; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that lie signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Judith A. Jones } Iowa Notarial Seal Commission number 173041 o>r■ Public My Commission Expires 4f23/2024 Notary My commission expires: 4/2312034 i, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, a»d Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and die copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with tie ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and dial tie same are conect transcripts thereof, and of tie whole of the said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect. In testimony whereof i have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 20th day of _ _ .4ori1 ^_ „ 2023__. rr,lll -`11rer+l�!/ gNniklr+r 0, .HNC'i�a1=w,-,; ,,� ,,a..„k.x .wwNs!u _ y �6 h ^� l'rayy+aAirS Gr L[N111)Mn1Y 4�+` tULY By: ABvOc& Al.Fri Assistant Secretary, y!''le+pane+11�;uilil'rer 1+''a OF&C & OF&I & EPIC 7lrila10 rm.toiN1 BPOA0045 122017 U19 INSURANCE G U 1-31_ .1 Y SURETY BOND SEAL ADDENDUM United Fire & Casualty Company PO Box 73909 Cedar Rapids, Iowa 52407 United Fire & Casualty Company United Fire & Indemnity Company Financial Pacific Insurance Company United Fire & Casualty Company has authorized its Attorneys -in -Fact to affix United Fire & Casualty Company corporate seal to any bond executed on behalf of United Fire & Casualty Company by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of United Fire & Casualty Company by its Attorney -in -Fact, United Fire & Casualty Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 2ah day of Aoril , 2023. United Fire & Casualty Company CORPORATE �y =x �— SEAL 1tAP06 ,'��Ilflllllll<<' By: -- Dennis J. Richmann, Vice President HOME OFFICE: 118 Second Avenue SE I PO Box 73909 I Cedar Rapids, Iowa 52407-3909 1 P: 800-332-7977 I F: 888-726-9738 I www.ufginsurance.com 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 Oran On April 20, 2023 before me, Ashlie Blanchard, Notary Public Date Here Insert Name and Title of the Officer personally appeared -CoLey R. Kirschner Nal of 5igrler{ who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/aye subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/hoer/their authorized capacity(iefi), and that by his/her/their signature(45) on the instrument the person($), or the entity upon behalf of which the person(e) acted, executed the instrument. *my ASHLIE BLANCHARD Notary Public - California Orange CountyCommission # Z442537 Comm. Expires Mar 28, 2027 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 1 WITNESS my hand and official seal. Signature_A,4� ""' ' Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capa,city(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: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SECTION 1230 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. 1. Project Name• PLEASE SEE ATTACHED REFERENCES. Owner: Construction Cost: $ Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: 2. Project Name• _PLEASE SEE ATTACHED REFERENCES. Owner• Construction Cost: Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: _ Bidders Experience & Qualifications 1230-1 3. Project Name• PLEASE SEE ATTACHED REFERENCES. Owner: Construction Cost: $ Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: 4. Project Name. PLEASE SEE ATTACHED REFERENCES. Owner: Construction Cost: s. Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: _ Signed this 21 ST day of APRIL ONYX PAVING COMPANY, INC. Name of Bidder Signaqjre of Bidder COREY R. KIRSCHNER Printed Name of Bidder 630360; A, C-12 Contractor's License No. 06/30/2023 Expiration Date m2 i . 2023 1000004798 DIR Reg No. CEO, PRES, VP, SEC, TREA. Title of Signatory Bidders Experience & Qualifications 1230-2 SECTION 1240 PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors" and shall be signed.) The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price, Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No. ez t d° 1 G Yl C4 i oonoo 1476 COREY R. KIRSCHNER - CEO, PRIES, VP, SEC, TREA. Signalbre of Bidder ONYX PAVING COMPANY, INC. Name of Bidder Proposed Subcontractors 1240-1 SECTION 1250 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ORANGE ) COREY R. KIRSCHNER —, being first duly sworn, deposes and say that he or she is CEO, PRES, VP, SEC, TREA. of ONYX PAVING COMPANY, INC. , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by contract, 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. h 0 I � - Sign* re ONYX r'AViNG COMPANY, INC. Name of Bidder COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA. Title 04/21 /2023 Date Non -Collusion Affidavit 1250-1 SECTION 1260 DIR Pro'e Vendor Info-ruvatign Vendor Information: Name: ONYX PAVING COMPANY, INC. Address: 2890 E. LA CRESTA AVE. Zip: 92806 Project Manager: JACKSON HULSE Phone: 714-632-6699 City: ANAHEIM ST: CA Email: BIDS@ONYXPAVING.NET CSLB/Certification Number; 630360; A, C-12 Public Works Registration No.: 1000004798 Classification: Asbestos Boilermaker Bricklayers Carpenter Carpet/Linoleum Cement Masons X Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic _Glaziers __ _.Iron Workers X Laborers Millwrights Operating Eng X Painters Pile Drivers Pipe Trades Plasterers Roofer SheetMetal Sound/Com Surveyor Teamster Tile Worker Prevailing Wages and Payroll: The project is subject to prevailing wage rates and enforcement by the Department of Industrial Relations (DIR). Prevailing wage rates can be obtained at: http Jjwww.dir.ca,gov/Public-Works/Prevailing-Wade. html. Contractors and subcontractors on most public Works projects are required to submit certified payroll records to the Labor Commissioner using DIR's electronic certified payroll reporting system. For your convenience, the link for reporting certified payroll is: http://www.dir,ca.ciov/Public-Works/Certified-Payroll- Reportinu.html. A copy of certified payroll, including the employees and/or subcontractors working on with invoices submitted to the City of La Quinta. names and addresses of the job must be included DIR Project Vendor Information 1260-1 SECTIOA1270 COMPLIANCE WITH IRAN CONTRACTING ACT QL2= Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.), (a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One Million Dollars ($1,000,000) or more if Contractor engages in investment activities in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is identified on the list of persons engaging in investment activities in Iran prepared by the State of California pursuant to Public Contract Code Section 2203 subdivision (b). (b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification and submit with their proposal at the time of bid. Contractor shall obtain the Iran Contracting Act Certification in the form approved by the State of California, or upon written request to the City Clerk's Office, a copy of the form will be provided to Contractor. Failure by Contractor to provide the certification required by this Section may deem Contractor's bid non -responsive. (c) Nothing in this Section is intended to prevent the City from exercising its rights pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a case -by -case basis. Iran Contracting Act Certification 1270-1 IRAN CONTRACTING ACT CERTIFICATION Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200- 2208), Vendors/Bidders are ineligible to bid on or submit a proposal for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Vendor/Bidder engages in investment activities in Iran. MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS $1,000,000 OR MORE Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public entity contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services ("DGS") pursuant to Public Contract Code section 2203(b) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that other person 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; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: 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. (Pub. Cont. Code § 2205.) ❑PTION #1 - CERTIFICATION I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor 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. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Vendor Name/Financial Institution (Printed) ONYX PAVING COMPANY, INC. By ( �thonzed Signature) Print Name and Title of Person Signing COR Y R. KIRSCHNER - CEO, PRES, \/P, SEC, Federal ID Number (or n/a) 33-0394344 Date Executed TR EA. 04/21 /2023 Iran Contracting Act Certification 1270-2 OPTION #2 — EXEMPTION Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/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. Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Iran Contracting Act Certification 1270-3 SECTION 1280 COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22 RUSSIAN AGGRESSION AGAINST UKRAINE (a) Contractor shall comply with California Governor Executive Order N-6-22 regarding sanctions in response to Russian aggression in the Country of Ukraine, and any implementing guidelines and/or economic sanctions imposed by the United States government in response to Russian actions in Ukraine, as well as any sanctions imposed under California law (collectively "economic sanctions"). Contractor shall comply with all such economic sanctions. By submitting a bid to the City, Contractor agrees to take any and all actions to support the Ukrainian government and people as required by law, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine. (b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall submit a written report to the City on Contractor's compliance with the economic sanctions, and the steps Contractor has taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine as required by law. Failure to submit the report required by this Section may deem Contractor's bid non- responsive. Please inclljde a written report to the City if this section is applicable. Russian Aggression Against Ukraine Sanctions Certification 1280-1 EXHIBIT B-4 Required Bid Form CERTIFICATION OF BIDDER REGARDING NONSEGREGATED FACILITIES Project Name: 2022-08 CITYWIDE MISC ADA IMPROVEMENTS Name of Bidder: ONYX PAVING COMPANY, INC, The above named Bidder hereby certifies that: I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise. I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000. Signature: Name (Print): COREY R. KIRSCHNER Title: CEO, PRIES, VP, SEC, TREA. Date: 04/21 /2023 CDBG Required Bid Form 1290-1 EXHIBIT B-7 Required Bid Form �_.,� �..�... ,� , T .- (11) ..� � �. 7.�...� .i 7 � F -A" BIDDER CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS PROJECT NAME: 2022-08 CITYWIDE MISC ADA IMPROVEMENTS CERTIFICATION: I hereby certify that I have reviewed and understand the diversified Federal construction contract related requirements imposed on the Contractor(s) of HUD - funded construction projects, including but not limited to the following: 1. The subject project is being financed. with Community Development Block Grant funds (24 CFR Part 570); 2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010 — revised 06/2009); and 1. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and 2. If my bid is $200,000 or more, this project and all related contracts will subject to Section 3 requirements (12 U.S.C.1701u). CONTRACTOR'S NAME: ONYX PAVING COMPANY, INC. CONTRACTOR'S LICENSE NO.: 630360; A, C-12 ADDRESS: 2890 E. LA CRESTA AVE. ANAHEIM, CA 92806 AUTHORIZED RE RESENTATIVE: ,_ COREY R. KIRSCHNEft • CEa, PR ES. VP, SEC. TREA. SIGNATURE: DATE: 04/21 /2023 (Type Naine) CDBG Required Bid Form 1290-2 QUESTIONNAIRE REGARDING BIDDERS Bidder has been engaged in the contracting business under the present name of ONYX PAVING COMPANY, INC. . since 02/15/1990 Present business address is: 2890 E. LA CRESTA AVE. ANAHEIM, CA 92806 Federal Tax ID: 33-0394344 Amount of Bid $ EXHIBIT B-8 Required Bid Form (Date). California Contractor's License No.: 630360; A, C-12 Expiration Date: 10/31/2023 ____ DUNS Number: 11247909 or CAGE Code: Because this project is Federally -funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors. A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more "minority -owned". Please check applicable box concerning the ownership of your business: ❑ American Indian or Native Alaskan ❑ Asian or Pacific Islander/Native Hawaiian ❑ Black/African American ❑ Hispanic 09 White ❑ Hasidic Jews ❑ Other A woman -owned enterprise is defined by the Federal Government as a business that is fifty - percent (50%) or more woman -owned. Please check applicable box concerning the ownership of your business: ❑ Woman/Female owned Male owned A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or a business concern that provides economic opportunities to low and very low-income residents. Please check applicable box concerning the ownership of your business: ❑ Section 3 Business concern,.: _ • Non -Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law. CDBG Required Bid Form 1290-3 EXHIBIT B-9 Required Bid Form LIST OF SUBCONTRACTORS SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO. SUPPLIERS NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT This form is to be completed and submitted with the bid package. CDBG Required Bid Form 1290-4 REFERENCES PROJECT NAME: CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: FEB 2022 - NOV 2022 CONSULTING COMPANY: CITY OF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 CONTACT PERSON: SCOTT FISHER 760-814-7226 ORIGINAL CONTRACT AMOUNT: $1,595,000.00 FINAL CONTRACT AMOUNT: $1,314,878.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PALISADES PAVEMENT REPAIR, CC-07 PROJECT DESCRIPTION: PAVEMENT REPAIR APPROXIMATE CONSTRUCTION DATES: SEP 2022 AGENCY: CITY OF LAGUNA NIGUEL - 30111 CROWN VALLEY PARKWAY, LAGUNA NIGUEL, CA 92677 CONTACT PERSON: JEFF METZ 949-362-4344 ORIGINAL CONTRACT AMOUNT: $292,000.00 FINAL CONTRACT AMOUNT: $199,999.65 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 2021-2022 PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: VARIOUS PAVEMENT REHABILITATION & CONCRETE IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: NOV 2022 • MARCH 2O23 AGENCY: CITY OF ARCADIA -240 W. HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PERSON: )AN BALANAY 626-254-2726 ORIGINAL CONTRACT AMOUNT: $1,727,000.00 FINAL CONTRACT AMOUNT: $1,899,698.72 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: AGENCY HAD ADDITIONAL SCOPES OF WORK - DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 -FAX (714) 632-1883 PROJECT NAME: 2020 RESIDENTIAL STREET REHABILITATION PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JULY 2021- NOV 2021 AGENCY: CITY OF SOUTH EL MONTE - 1415 SANTA ANITA AVE, SOUTH EL MONTE, CA 91733 CONTACT PERSON: OKAN DEMIRCI - 714-319-6137 ORIGINAL CONTRACT AMOUNT: $614,000.00 FINAL CONTRACT AMOUNT: $706,010.03 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: SCOPES Of WORK ADDED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: RESIDENTIAL STREET PAVEMENT REHABILITATION PROJECT, AREA 8 PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JULY 2022 - OCT 2022 AGENCY: CITY OF DOWNEY -11111 BROOKSHIRE AVE, DOWNEY, CA 90241 CONTACT PERSON: DESI GUTIERREZ 562-622-3468 ORIGINAL CONTRACTAMOUNT: $3,227,00.00 FINAL CONTRACT AMOUNT: $3,553,442.43 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME:SOBOBA STREET RESURFACING PROJECT PROJECT DESCRIPTION: STREET REHABIILITATION AND RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: AUG 2022- OCT 2022 AGENCY: RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT - 3525 14T" STREET, RIVERSIDE, CA 92507 CONTACT PERSON: TRAI NGUYEN 951.961.5363 ORIGINAL CONTRACT AMOUNT: $ 1,272,000.00 FINAL CONTRACT AMOUNT: $1,160,284.10 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOLK%b' PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632-1883 PROJECT NAME: 2019/20 ARTERIAL AND MINOR STREETS MAINTENANCE PHASE 2 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: DEC 2021- NOV 2022 AGENCY: CITY OF RIVERSIDE - 3900 MAIN ST, RIVERSIDE, CA 92501 CONTACT PERSON: STEVEN HOWARD 951-826.5311 ORIGINAL CONTRACT AMOUNT: $4,585,000,00 FINAL CONTRACT AMOUNT: $4,558,151.40 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM DID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: FY 2021.22 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT DESCRIPTION: VARIOUS STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JUNE 2022 - SEP 2022 AGENCY: CITY OF TUSTIN - 300 CENTENNIAL WAY, TUSTIN, CA 92780 CONTACT PERSON: JOANN WU 714.573.3157 ORIGINAL CONTRACT AMOUNT: $2,442,000.00 FINAL CONTRACT AMOUNT: $2,413,734.93 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINALAMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES, DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -- TEL (714) 632-6699 - FAX (714) 632.1883 C LARGE PROJECT REFERENCES PROJECT NAME; CULVER DRIVE IMPROVEMENTS FROM WALNUT AVENUE TO 1-5 FREEWAY PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: SEPT 2022 -JAN 2023 CONSULTING COMPANY; CITY OF IRVINE - 6427 OAK CANYON, IRVINE, CA 92618 CONTACT PERSON: FARHAD BOLOURCHI 949-724-6689 ORIGINAL CONTRACT AMOUNT: $1,677,000,00 FINAL CONTRACT AMOUNT: $1,704,308.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PHASING 6A - RESIDENTIAL STREET REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMETNS APPROXIMATE CONSTRUCTION DATES: CONSULTING COMPANY: CITY OF LA MIRADA - 15515 PHOEBE AVE, LA MIRADA, CA 90638 CONTACT PERSON: ERIC VILLAGRACIA 562-902-2373 ORIGINAL CONTRACT AMOUNT: $4,242,000,00 FINAL CONTRACT AMOUNT: $4,524,646.67 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: SCOPES OF WORK CHANGED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: ROCHESTER AVENUE PAVEMENT REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: MARCH 2O22-AUG 2022 AGENCY: CITY OF RANCHO CUCAMONGA - 10500 CIVIC CENTER DRIVE, RANCH CUCAMONGA, CA 91730 CONTACT PERSON: ROMEO DAVID 909-774-4070 ORIGINAL CONTRACT AMOUNT: $1,727,000,00 FINAL CONTRACT AMOUNT: $1,714,733,75 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -- TEL (714) 632.6699 - FAX (714) 632-1883 C REFERENCES GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION! AMOUNT., Fullmer Construction Centerpolnte Moreno Valley $3,187,914.00 1725 S. Grove Ave. Sycamore Bus. Park Riverside $999,708.00 Ontario, CA 91761 Hlllwood Hofer Ranch Ontario $603,600,00 Ph: 909.947.9467 Interchange A-E San Bernardino $1,288,615,00 Fax: 909.947.2970 San Michelle Logistics Moreno Valley $670,674.00 Contact: Casey Jones Terra Francesco Ontario $524,216.00 KCS West, Inc. BP Refinery Maintenance Shop Carson $896,357.00 901 Corporate Ctr, Or, 311 fir Monterey Park, CA 9174 Ph: 323.269,0020 Fx: 323-263.4576 Contact: Matthew Vawter GMC Engineering, Inc. Edison Rornoland $1,623,480.00 1401 Warner Ave Tustin, CA 92780 Ph: 760-744.133 Fx; 714-247.1041 Contact: Gennady Lusardl Construction FEDEX—Otay Mesa San Diego $1,335,530,00 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 San Marcos, CA 92064 Edge at Campus El Segundo $541,385.00 Ph: 760-744-3133 Carmax Oxnard $606,443.00 Fax: 760-744-9064 Seabridge Oxnard $329,460.00 Contact Scott Staley ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 --TEL (714) 632-6699 - FAX (714) 632-1883 Haagen Company, LLC 12302 Exposition Blvd Los Angeles, CA 90064 Ph: 310-820-1200 Fx: 310-820.1.225 Contact: Chris Fahey ARCO National Construction Co, 900 N. flock HIII Rd St. Louls, MO 63119 Ph:314-963,0715 Fx: 314.963-7114 Contact: Chris Wilson Grant General Contractors 5051 Avenida Encinas Carlsbad, CA 92008 Ph: 760.438.7500 Fx: 760-4383056 Contact: Pete Burrows 1w Empire Palo Club Scannell FEDEX Whittier Area Community Church Crevier BMW Indio Burbank Whittler Santa Ana $1,036,745.00 $1,125,958.00 $625,920.00 $30,600,00 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806--TEL (714) 632-6699-- FAX (714) 692-1883 ASPHALT RUR8ER HUT MIX REFERENCES: GENERAL CONTRACTORS; JOBS PERFORMED: LOCATION: AMOUNT: GMC ENGINEERING, INC. ICatella Ave. St. Improv Los Alamitos $120,000.00 1401 Warner Ave, Ste 0. Various Projects Tustin, CA 92780 Pb; 714-247-1040 Fx: 714-247.1041 Contact: GennadV Chlzfk R.D OLSON CONSTRUCITON, INC. Lido House Hotel Newport Beach $193,105,00 2955 Main Street, 3" Floor Irvine, CA92614 Ph; 949-474-2001 Fx: 949-474.1534 Contact: Jeremy Dunn IF YOU HAVE ANYCIUESTIONS, PLEASE FEEL FREE TO CONTACT COREYKIRSCHNER AT 7.14-632-6699 OR VIA EMAIL AT COREY@ONYXPAV I NG.NET ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -- TEL (714) 632-6699 - FAX (714) 632-1883 ONYX PAVING COMPANY, INC 2890 E. LA CRESTA AVE ANAHEIM, CA 92806 PHONE: (714) 632-6699 FAX: 1714)632.1883 PRESIDENT; COREY R. KIRSCHNER BANK; BANK OF THE WEST L CREDIT REFERENCES DATE ESTABLISHED 1/4/90 CORP. TAX ID.1) 33.0394344 TYPE OF WORK -ASPHALT PAVING CONTRACTORS LIC. If 630360-A INSURANCE AGENT; WOOD GUTMANN & BOGART 14029 SPRINGWATER LN, EASTVALE, CA 92880 4501 E. LA PALMA AVENUE, ANAHEIM, CA 92807 PHONE: (714) 777-9620 BRYAN PLOESSEL 15901 RED HILL AVE., STE. 100, TUSTIN, CA 92780 PHONE; (714) 824-8384 MICHAEL TRAN SURETY AGENT, TURNER SURETY AND INSURANCE BROKERAGE, INC, 5 HUTTON CENTRE, STE. 730, SANTA ANA, CA 92707 PHONE: (714) 915.4032 JEREMY PENDERGAST CREDIT REFERENCES: MATICH CORP. P.O. BOX 10, HIGHLAND, CA 92346 (909) 382.7400 Steve Matich ALL AMERICAN P.O, BOX 22Z9, CORONA, CA 92878 (951) 736.7600 Carl KELTERITE CORP. 12231 PANGBORN AVE.DOWNEY, CA (562) 401-0011 Gladys VULCAN MATERIALS CO, 16013 E. FOOTHILL BLVD, IRWINDALE, CA 91702. (858) 530-9414 Debbie GENERAL CONTRACTOR REFERENCES: FULLMER CONSTRUCTION 1725 S. GROVE AVE., ONTARIO, CA 91761 (909) 947-9467 Casey Jones BYROM-DAVEY, INC. 13220 EVENING CREEK DR. SOUTH 0103, 5AN DIEGO (858) 513.7199 Steve Davey PACIFIC CONST. GROUP 17895 SKY PARK CIR., IRVINE, CA 92614 (949) 748.1500 Mark Bundy ERICKSON-HALL CONST. CO. 500 CORPORATE OR,, ESCONDIDO, CA92069 (760) 796.7700 Justin Sinnott ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 -- FAX (714) 632.1883 4k ERICKSON-HALT. CONST. CO. S00 CORPORATE DR., ESCONDIDO, CA 92069 (760) 796-7700 Justin Sinnott RESUME Corey Kirschner has over 20 years of experience both as an estimator and CEO. Corey is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEO and President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollars in the previous year. Jay Kirschner, Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilizations for all projects. Tyler Henry, Field Superintendent, serves as the core of all field related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing all of our Public Works projects, Overseeing the on -site laborers, cement masons, and operating engineers is one of his many responsibilities. BACKLOG ALLOCATION: Corey Kirschner, Jay Kirschner, and Tyler Henry oversee 100% of all current project in attached backlog. ONYX PAVING COMPANY, INC, 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 Jackson Hulse Senior Project Manager! Key Individual Responsibilities: Corey Kirschner �3 Field Superintendent - Manage overall operations and resources of company - Decision maker of corporation Jackson Hulse - Lead project management team with organization - Overseeing overall project scheduling, budgeting, and dispatching on all projects - Main point of communications between company and agencies Tyler Henry Lead and manage on -site labors and operators Coordinate daily operations and project production Ensuring project quality expectations are met ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 CONTRACr STATE LICENCSTE BOocsARD ,,— ACTWE LICENSE N .0 ,,-.. ,630360 ., CORP a ..... K-. ONYX PAVING COMPANY INC cw,*,w".pA C12ld&hl I�q yW#W.CSlb.C8. DV U� 1 ..,,�.�o.. 10/31/2023 9 f s a a i � o a ,gig ��;K o gg '�b 3 p � i Y :Y g D '7 c m 9 O O m 31 � ffi N w O a o• � n O o � 7 � a s o R a a z Ba o No o x ro E n 0 m 3 C Z a � n ? }9 d o s D C M m N O� Ol °.SO• m rn rn rn rn �n y�' wm Wm ONYX PAVING COMPAMY, INC, Llceose 9 630360 -DIR k 1000004799 unNfmous WRITTEN Comes of THE BOARD OF DIRECTORS O11 ONYX PAVMQ COMPANY, 1 . (a California corporation) October 28, 2020 Tire undersiped diractor, constituting tho antim board of direOor3 (the"Hvr+rrN of Onyx Paving COrnparty,111C., a C'alik mia corporation (the "Corporafion'), hereby takes the foDowing actions, adopts tiro followhig rosohitioris, and transacts the faifovnng business, by .written consent vh&out a meeting, as of the date above Ivrittett, pttrssmt to Section 307(b) of site Genera[ CorporatioreLaw of the State of CRlifornla and the Colporation's 1301tvs, gays-Q .Lt3an3)-il"SACKOR WHEREAS, Cony Kit•acWier 1s currently the Corporation's Chlef bxeotttive Oflit:er, and Clt iaf Financial Officer (the "Offkcr') with authority to enter into c6lowts on beehatf of the Corporation., WffEftEM, the Corporation opportunities from time to dme to bid on various govornnicnted and nort•govenmental projects; NMEREAS, aftea rsrofiiI considerittion, the Doard ha detm utcd that site tetins and conditions of tiro proposed prOj00t in the form of ill© bid iittedteJ beret0 As ' hibit (le "prbjeor) are jit st and equltablo and i'alr as to the Corporation aad that it is in the best interests of the Carpo1a6011 and ita stockholder to subn1it the bid and compldo the Project subject to the teclus agrcod upon by tine pasties. NOW, TELEREVORV, FsE IT RES0LVLD, the B=d on b°nt,aif of the Corporation hereby approves and ratifiea the Project in all reape.0is, and hereby attJodz aitd direettlte Corporation to ngotiate, execute, deliver and perform the tetras ofal doctp><lenis,r®gulred in connection with the Project, together with suds changes thereto as may be approved by the Oflicor exeeuting.Ihe same Dabelhalf of the Cotporc.tion Onnstta it to the authoriz-adon provided herein), sucks approval of the Officer to bo conolusively ovidevdcd l yit8 execti lonrutd delivery of sarno. RESOLVED MATHER, that the Officer may execute and (Aver any and all agreements and any sad all other documents and h ttlwwulu, and 1Ae such fiather actions as may beneoeasary or sppropriate, for tha fwatioLng of the Corporation, RESOLYRD FURTHER, that the O; fm is hereby kutlzorized, directed, and empowered to execute and d4ver my and all agreemants and Guy and al] other docanionts and irlstn[ments, and txkc such fvilbor acfious as may be necessary or appropriate, for the consummation of the Proj ect. 289D East La Cresta Ave, Auahoim, CA 92806 — PM (714) 632,6699 — FX (714) 632.1883 RESOLVED FURTHER, that the officer, irr tho narna of tip Corporacton, [s her6y authorized, directed, and empowered to aegntlMe, execmdo and deizrer to the -applicable Comter. party, atxy and all dvouments with rospeot to the 'Project raid other ats as c'ey he seasouataly regtloted, and thV ❑ OU On Uobal£ of the Corporation is p diol%td fyom time to time to Dxeouto xo�aw4b or extdnsiom or other utstnuiiente as may tra Mil snry R,ESDEAD M'C ltR, that the authorlty given hereunder s.Id tea deemed retroaGaIva and auy and all acts authorized hereimdor perforated prior to the.passage ofthb resolution are hemby rati:ficd a ud A aiod, The Secretary of the Corporation is directed to file tiro originalexecuted copy ofthis Consnat rcith the mates of proceedings of tho Coiporation. [Signature page IOUOWSJ 2 ONYX PAVING COMA,NY, INC. Licam 0 630360 —DIELN 1000004798 IN WITNESS MUM, the undersigned has executed M Ulip'llmow written Com mt of the Board of Directors as of the date lust above wMei Corey Kirsrhor >m"g Request for Taxpayer {ney,CsEoberiGlB) fdentfffoatlon Number and Cartlffoatlon OvpedreeaiarhYra6:uY WetrrlP�rerNtesneco tOotOssrrddrs.pdvliarrtlW9 for lost tuylanaendthbfate� nlon• [five Form to the regusster, Do not send to the Ift dGhsci6pp,aprtasetxsxfafederaltnxetasYitresy0nalthoprtaonlrhaeen"isrn:crwonAre 1.Cheotaajltnsefee cmp mamm.koldwai to&rf{tp eeyon boxes I01firy se oa PAW* fVlo-miembepraPrkWror CCorp6roCon 6Carporalon 0 Pannor,t+p Qfrsllseme duple fRemLer l iii11 Deript oy'a rode (f si Cl Urged aebwtyearoperry. 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For Iea1 rotate tren:saVa, hedr I dx)exayplf.F61M0 MO hi p#ld, aogdOon orobIA ormentof asoufadp: eonaalh W of debt cooldWIGna to an iftdtyf tusi relttmt+ ftrrarCa snt(AN, end ganelaly- pa fw!ef other(MnWarestaodthrtdonde,youe nresqu6edtoSOthacerint:worrbutyovmuitproiyourowctTIN,B(0lheinsbmonarof , otgfl �n6lvraoF =--'"r Hera ti9.Pei onl General lr�s#ruotl s Section rotdracaea a s to the Internal Revenue Code uldeae olhenviae noted. Fulur4 devefepr>iants, for lhtslatea!lnformatl0n a�otlt devetopmdnle ►9tatod to Form W-9 and 1;0In91AXIbns, ouch asleglsla>fcnanaotod after they woropubffahtd,notetvsvw.fra.gdvlFOM'A . Purpose of Form An utdildual or a6W IFormW9t;gsestar) who I$ reored to Ale an Informdlan roNM with the iRS must obf eta yduree WI larpayror Idontftdan jKrj a VI* which may Co yourMIR] ee;urRyy numhr+ (93tlti,ttdE'tidsd tsxpp)'erldonlfRaetim numberjTlt+p, addpllan (FJF}jser lorldimrapoAon en InfixmeVar return the oorrn0u�lntpe}diayouut, oro hsr vnt ra arnoparlibison on Inlornle0ort return. Fxeniplasol fnfarrnetlon retumslncluder but ara not IM14d to, tits 1040Wing. Form 1009-I T "Ili earned or paid) :2 e form 1009-DIV(tfcfdeebe, Inefudhg 001to from stacks or mutual fleld9) • Form IW9-MEti%(yaITS s typssof Wwrte,p,iass, e•-+ards,of010$1 Ptaoeeda) Form 1099-6 (stoccol mutug fund asks and cedatn other Is"antfons by brolt r3) eForm 10Gp-$ (pfieaedatomroi"tale trsnssotlOms) sForm t00-K(ntar hUtCard sndMild pattynolwOrkWrl"0on9) Form IOW (Marne mOdgtga h+t4Easj41C8&E (a!udertloanInto f00, IW-7 (fuftton) • Ito& 4609.0 jeArsladdab§ is Form IOWA (ac0hVi6narsbaadon7ent 6116601 VQP*V Use Form W.9 onlylfyw an aV.s, peratn f no)jd1n9 a fool dent e11an), to provide yavrconad UN. myouOro noIrelwnFire yJ9to; fhaWoostartyid4a11N,)otrmfot ba st,hjecl to backup 090i rq.$to%vbet is hackup wif ;7%mp. fWar. Cat No, 0231X fcnn giw,10 2018) CERTIFICATE OF LIABILITY INSURANCE �OATVQ �THIS ClRhrOATH IS to8U10 A$ A MATTLR OP INFORMA11ON ONLY AND CONF IR4 noRI Hr6 UPON 788 RRTIFIOAA. 'l e CERTIOCATit 0090 40T AfFiRIM-nVOLY OR N9QAMV9LY AMEND, EXYkI{0 OR ALTER 7IiI CDYERAGF AFFORDEO RY THC PDLI(Xl5 110LOW. Tw tERTIFTCAYE OF INSURAW11 DOSS NOr CONDTIWT6 A CONTRACT NIMEEN 7HE IS3UIH0 JN9UTiEH(B), AUfH0Ft1ZED RHPAfOINTA17VE 08 ARODUCaNAND'THrt CRRTip[CATC Nowak. IMPORTAW1 rf the, 001001A 1IOT&r 18 en ADDknQNAL INSUMD, I o po toyllss) meat La endoru . WriffGA00 VIAMP, "0JQ Ci io ftlalrasindeonffllcuofthop4L'oy,40"'7Polo[**may Fepulreanandoramort. 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Anshoim CA 92800 ACORD 26 (2014101) 1 SamjtL o a 40142 es reu Mead b�wdltcn aor�+�l su6 act to the leans $ caldlUorrs of the aHOtILO ANY OF Pli AS4YR VASCRIE I D pOGC III Ed CAN04LL 80 BEFORE o�WTHE1loWtL se DLrvFHo HtapoACANCNP0r8GY=& a�lila+lF'bL,EOiIRp 111,1SNa . igBA 20iA AC011G GOitPORA-non. All aps ratsryt The ACORD nameand logo on ragistertd6arks of.ACORD State of California Secretary of State Statemen4 of Information (u Omostto Stock and Agricultural Cooperative Corporallons) FEES (Filing end Disclosure); $26,00. If this fe an amendment, see instructions. . IMPORTANT* READ ILSTRUCTION8 BEFORE COWLETING THIS FORK} 1. 40WO-kAYB NAME O }YX PAVING COMP41Y, WC. 0076477 FILED In the of 0001Vie8eorctaryofState ofthe Slate of Cellforola QCT►91$oi8 2, CALIPOWACORPORATENUMORR CIOB9076 We Spue lerfiGap Uw Only NO Chun e t !e e t o1 s 1lcelrle d ant address at r&c otd la a P.O.86%address. lIT (talluc}Ion31 e. thsYe ive tsnawTtyo enpeecotAefnforrnitl4ncontenodlnitro act8letsdsont6 narrhafTanril04With lheCollfornla racrrtl"r, of $isle, or ho olatemant of 1;,lf6rmallon has been previously flied, thle form irmat hecn nplatvd In its vntUely. ll dwa has bean no change 1i any of the fnkrmalioh Contained in the lest Slatefnenief il1(efrnallen Me w11h the Celrornia Secretary of Blata, check t m bax anrlPiooead to IwA 17. — 4. STHEI'TAD"kiS OF PR !iCPIAL EX�ENBL moc ^- CITY STATE ZIP CCUE 2600 E. LAGRESTA Ave; Atutitm, CA 9woe e. STRweTAODR laas6 OIYJC0INflAUFORHIA.IFANY Crry ThT9 ZIPCODe 2W E, LACK SrAAV .. AlaP,1IOM. 0A92895 e, fAAIIlNOMOREFj$OFCARP6R41Idr�IFD1FFEii619�TTNANITe11t oily STA-78 ZIPQ,ODE Na174111 f311 Coinplate 1[iit�rasSea a3 the Pdllovda dare {Ch0 eorptinur0n must lltl6reretiriv ollk6ffi A cail+p3Pq le E110 6pecific o1flurm . to edde3• tiowouar Cho pi' Wad ttWp'6VM on must not be piterad. T. OIis8FWWI PigOFFICERf ADDR969 oily STATE OP CODE CORt'_Y-KRSOHW R 2890 E. LA6RE$TAAVE., ANAHEIfA CA 92800 A. DIETARY x AVOMOA -Ci7Y STATE ZiP CODE Ray 19Rf10IJNER 2890 E. LACRESTAAVE., ANAHEIM CA92806 k GNEF FIHANCiAL 00JCF.W ADCAL" DriY RAIS $IP CODE CDt3ldY i0R$CHNVR 2t 90 E. LA ORLSTAAVE.,AMAHEIM, CA 02C00 Namss and Comp%le drasa97 cf Ail oltoCtom, Inetudljnq- Vreclva WhQ are Afro'Wcars (The carpara'tann0t have at IWIA one � Mar. Athcltaddifcnai Otr tfnacgcsa ' I IQMStH ADpRE&8 yrw 8YATE 71Pg00R 60REY IL+RSCHNtFR 288p E. lA Cfi1=$iR AVE. NAHEiI+h CA 9780t3 ^� i1. NAs�R AOL}RESa CISr STATE MP CODE i2 IE ApDRa99 — coy STAT$ ZIPCODR 13. NUM CT:3DPVA ES ON THE 13000OfDIRE e IFAt{Yr .Agent for Ssrvieo of Preces9 IMs 10ant It+ An M04dust, the agent must rastde I I j Cahforris wild!+.era SIS nsk t4t4 omplslnl W. t s C.ArorF:3 alraat Wrote, a P.O. $ox eadress is not acceptable, If the rpant Is another cor tivn, Ina agent mod We on Re oft the Caldcrrt0 Secr81 TY 0l Stele e .certlftoara P wwantto Q e C rat,erls 04dv:aulm 1805w4Rem 16 mvsl be fell blank 14, KAR Of A02M FOR SCAMCEOf PROCESS CORSY KIRSCHNER _ 15. $tA(5'r UDR049OPAWITWORVICEOFPROCESS INCALIFORNUI,IFAA INDIVIDUAL CITY 6TArr ZIP 000E 2aDO E LACti£STAAVE., ANAHMM, OA92I388 'rypso i3zielnara gg gg_U��I_Ng ,..� Is. DOOR PT'HIRAVJ 9�RV14E8 s Of THE CORPORATION 17. 8Y 4WRAITPNO THIS 8T#eXEN7 OF iNkowAnouTO THD oAuFOANtA SRORCTARY OF STATE; TH2 CORPORATION CERTIFIES THE INFORMATION COMAff160 HEAEIN, IPICLUD INO ANY ATTACH QEHT 9, to TRUEMI) CORRMT, 1010ifvie AFSHIN HAKIM ATTORNEY WE TY Wil OFVEt60NCU.NPLET1N0fPQR11 71TtiHT�� 61.�p0 wy 01gof aj - - _ - `- �� Bg0 o Y - _- fPPROVV DYSMETARYOf fiiAl k State of California 8 Secretary of State Statement of Information 0888167 Pomeallc Stock andAgrlcuttural CDoperaUvo Colporallcno) FEES (F1IInV and Dtscloaure) : $26.00. ��® If IMe 19 an emanOnle►}t, eoa inotruetfolly. 161PORTANT—RL7AOfflTRUC i011SBEFORECOMPLETINOTHISFORM In the oft:ceoftho&gerotaryofState 1. CORPORATE NAIVE ' or tie 6tale of Caldovila OW PAVING COMPANY, INC. JAN-03 2020 2. CALIPORNIA CORPORATE: NUMBER Ci65J076 Thle Space krmap Uoe Only No chmos Statahlant (NDI a 1:Ca6fe N a exit addrrss of raoord is a P.Q. Bostaddfnas, 6*4 TmMUord 3, era have peon pnyv ;ayes the ntafi]at;an contained n a lost latemo nt o T rmullonfi a t wrt aCalifprn a sec of state, or rra ptat4rTlonto!lpforrnAlfon ItAa bG-RP prav16oSIY1110,11119'f6rmmualira COMP1e1e1161 Its arlilraty. fo If wYe hde Mah no rildrtge lnyaf the lnfo(maWn 0ntalnod In the Not StatoWnt Of lrAIMaflon Rled With 08 08 fornia $W018 y of State cheok Ov bDk4Td pIn wed to Item 17. _ornplata Addre;;AI ar s Fol170 O. Verna 4 and $ cWAvtbe P.O. Bates. 4. CITY STtiE ZIPCOOK 6. STREATAODRMSOFPRINCIPALBUSINIfiRkCLiNG4LIFORNLtiirANY &W STATE ZIPCODE a MAnMACL)RWOFOMPORAfIGN,tF6fFF �NTTIfAN119N4 �T STY STATE DFC008 Ne01 Arid GQMPfete AddreaWe af,lho polfovArrg 0fftofe (rile ccrpprauon rnuat lkiowtIne-ocers. A comperat'.e Ilb for lira spo•Spc tfvx; NW ormayJA addedvv' "praprinttd tlllee an We form mast rot 6a arrared.l 7. CHIEP RM43vm 0rf10lRr ADDRESS am. STATE 21PCODE e. SECRCTARY �, - ADVAUS �~ „ - ^OITY STATh' YSTATE 71FCODE 9 CtUEFF7.UAN01%WFICEP! ADDRESS city ZIPC(05 iJamve pqd Colnppinto Addr6aS0a of All Dlrectore, includlnp lrvct9fSi d.'reetar, AtEesh a�C{Irorst it,1Aawasary,l-- by are Afaa 4>rtlCrrs [fha Corp6raUpn must have as leant arcs iD. NAVE m ADDRESS 1C1j[r STATE 21PCODE 11. NALIR' ADDRESS Cr15r SYATI! ZIPOOM u Wf AODRFS3 -C" VATE ZIPCODL' AQgdAt for Sarvlco of procass If the apart Is an frift lal, the agent must reside In Cidroga pnd item iS nsl to oeoVIsl d WIh a Oa17wr•Ta steet addraat, rt P.O. eoz address is ryol a"c oble. if the tgert fe anoy ar colporatlmllhe agent must hava on Ha vAlh the Cmirydo Secretary of State a C&ITACare pwahl to Rdli da C 4W Coda 4Won lox and Vaal 16 MWbe taft blank 14. IIAWZ OFA4ENT FOA 6ERVl06 dF PACU0 IS. STREETA0RR$SOFAQMTfOReERVIC2OFPRO U SIMCAI1FORN+A,IFANINMMUAL 0TY�ti STATE 7IPC(1CP se. oP.set;Ir�rft�Trpeo�sua�n�ssoPTrtica`RPo;tn�rori.^ 17. 9Y 4u sm-y(iNo Ttnr a1TATl1JwHr OF )NFORMAT10l1 TO UK CALiFO rA SECnI!TARY or. eTATC. THr;colvOrWioN OERrUICs M wFORWICtl CONTAIWO H F Rp IN, IYCLVDISO ANY ATTAfNM 603.1E TROO k* CORRrCT. 0 IOMD20 ANA BARBRA RAYPON OFFICE MANAGERiCWROLLER DATETYP$FRI THA.t PERSON OWPLU Nd FORM T]TI s _ 61PS�1TURE