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Onyx Paving Construction - Bid
ta 0"qr(lu BID DOCUMENTS SPECIFICATIONS CITY PROJECT NO. 2024-12 FY24/25 PMP FRED WARING & MISC. LOCATIONS CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA DEPARTMENT OF DESIGN & DEVELOPMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7000 APPROVED BY: DATE: August 15, 2024 BRYAN WcKINNEY, P. PUBLIC WORKS DIRE OR/ CITY ENGINEER R.C.E. No. 49418 Exp Date: 09/30/24 August 2024 TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS 1100 1110 1200 1210 1220 1230 1240 1250 1260 1270 Invitation to Bid Instructions to Bidders 1.0 Work to be Done 2.0 Examination of Contract Documents 3.0 Inspection of Site 4.0 Interpretation of Contract Documents 5.0 Postponement of Opening 6.0 Opening of Bids 7.0 Preparation of Bid Forms 8.0 Bidder's Signature and Authority 9.0 Erasures 10.0 Bid Irregularities 11.0 Modification of Bid 12.0 Withdrawal of Bids 13.0 Addenda 14.0 Bid Prices 15.0 Bid Guaranty 16.0 Qualification of Bidder 17.0 Subcontractors 18.0 Bidders Interested in More Than One Bid 19.0 Sheeting, Shoring, and Bracing 20.0 Wage Rates 21.0 Offer of Assignment of Antitrust Actions 22.0 Assignment of Contract 23.0 Rejection of Bids 24.0 Contract and Bonds 25.0 Award of Contract 26.0 Execution of Contract 27.0 28.0 29.0 30.0 Construction Documents Bid Protest Compliance with Iran Contracting Act of 2010 Compliance with California Executive Order N-6-22 Bid Bid Schedule Bid Guaranty Bond Certification of Bidder's Experience and Qualifications Proposed Subcontractors Non -Collusion Affidavit DIR Project Vendor Information Iran Contracting Act of 2010 Certification PAGE 1100-1 1110-1 1110-1 1110-1 1110-1 1110-2 1110-2 1110-2 1110-3 1110-3 1110-4 1110-4 1110-4 1110-4 1110-4 1110-4 1110-5 1110-5 1110-5 1110-6 1110-6 1110-6 1110-7 1110-7 1110-7 1110-7 1110-7 1110-8 1110-8 1110-8 1110-9 1110-10 1200-1 1210-1 1220-1 1230-1 1240-1 1250-1 1260-1 1270-1 1280 Russian Aggression Against Ukraine Sanctions 1280-1 2.1 Certification 1340-3 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 1340-5 2.5 Change in Terms 1340-8 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 1400-7 2.1 Administration of the Contract 1400-7 2.2 City Engineer 1400-8 2.3 Consultants 1400-8 3.0 City 1400-9 3.1 General 1400-9 3.2 Attention to Work 1400-9 3.3 Inspection 1400-9 3.4 City's Right to Carry Out the Work 1400-9 3.5 City's Right to Perform Work and to 1400-10 Award Separate Contracts 4.0 Contractor 1400-10 4.1 Office 1400-10 4.2 Contractor's Representative 1400-10 4.3 Construction Procedures 1400-11 4.4 Contractor's Employees 1400-11 4.5 Subcontractors 1400-11 4.6 Contractor's Equipment and Facilities 1400-11 4.7 Public Safety and Convenience 1400-12 4.8 City -Contractor Coordination 1400-12 4.9 Permits 1400-13 4.10 Contractor's Responsibility for the Work and Material 1400-13 4.11 Laws to be Observed 1400-14 4.12 Safety 1400-17 5.0 Control of Work and Material 1400-18 5.1 Means and Method 1400-18 5.2 City -Furnished Materials 1400-19 5.3 Defective and Unauthorized Work 1400-19 5.4 Unnoticed Defects 1400-20 5.5 Right to Retain Imperfect Work 1400-20 6.0 Progress of the Work 1400-20 6.1 Beginning of Work 1400-20 6.2 Time of Completion 1400-20 6.3 Delays 1400-20 6.4 Time Extensions 1400-21 6.5 Temporary Suspension of Work 1400-23 6.6 Termination of Contract 1400-24 7.0 Changes in Scope of Work 1400-25 7.1 Change Orders 1400-25 7.2 Differing Site Conditions 1400-26 7.3 Resolution of Disputes 1400-26 8.0 Project Modifications Procedures 1400-30 8.1 Changes in Contract Price 1400-30 8.2 Negotiated Change Orders 1400-31 8.3 Force Account Payment 1400-32 8.4 Time Extensions for Change Orders 1400-35 9.0 Payment 1400-35 9.1 Scope of Payment 1400-35 9.2 Partial Payments 1400-36 9.3 Partial Payments - Inclusion of Material on Hand 1400-37 9.4 Right to Withhold Amounts 1400-37 9.5 Substantial Completion 1400-39 9.6 Final Inspection and Payment 1400-39 9.7 Warranty of Title 1400-40 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 1500-1 4.0 Submittals 1500-2 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 2000-2 4.1 General 2000-2 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 2000-4 5.0 Special Controls 2000-5 5.1 Dust Control 2000-5 5.2 Noise Abatement 2000-5 5.3 Working Hours 2000-5 5.4 Drainage Control 2000-5 5.5 Construction Cleaning 2000-6 5.6 Disposal of Material 2000-6 5.7 Parking and Storage Areas 2000-6 6.0 Protection and Restoration of Existing Improvements 2000-6 7.0 Existing Utilities 2000-7 7.1 General 2000-7 7.2 Notification and Location 2000-7 7.3 Damage and Protection 2000-7 7.4 Utility Relocation and Rearrangement 2000-7 7.5 Underground Facilities 2000-8 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 3000-1 1.5 Cooperation with other Contractors 3000-2 1.6 Time Allowed for Construction 3000-2 2.0 Bid Items 3000-2 3.0 Materials 3000-3 3.1 General 3000-3 3.2 Substitutions 3000-3 3.3 Storage 3000-3 4.0 Work Details 3000-3 4.1 Traffic Control 3000-3 4.2 Dust Control 3000-7 4.3 Water 3000-7 4.4 Permits, Licenses, and Inspection Fees 3000-8 4.5 Air Contaminants 3000-8 4.6 Notification 3000-8 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 4000-3 5.0 Clearing and Grubbing 4000-3 6.0 Unclassified Excavation 4000-4 7.0 Existing Concrete Pavement Removal 4000-5 8.0 Cold Milling AC Pavement 4000-5 9.0 Existing Bituminous Pavement Removal 4000-6 10.0 Grading and Subgrade Preparation 4000-7 11.0 Concrete and Masonry Construction 4000-7 12.0 Asphalt Concrete 4000-9 13.0 Emulsion Aggregate Slurry Seal 4000-12 14.0 Striping and Pavement Markings 4000-18 15.0 Traffic Signs 4000-20 16.0 Adjust to Grade, Water Valve 4000-21 17.0 Adjust to Grade, Sewer Manhole 4000-21 Appendix A: Escrow Agreement for Security Deposits In lieu of Retention Appendix B: Standard Plans Appendix C: Sample GIS Maps SECTION 1100 INVITATION TO BID PROJECT NO. 2024-12 FY24/25 PMP FRED WARING & MISC. LOCATIONS SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, until 10:00 AM on September 5, 2024, at which time they will be publicly opened and read for performing work as follows: The project consists of furnishing and applying slurry seal on select streets within the City of La Quinta. These streets include, Fred Waring Drive, Seeley Drive, Forbes Circle, Calle Cadiz, Calle Fortuna, the Cactus Flower Neighborhood, Sunflower Neighborhood, Seasons Neighborhood, and Assessment District 2000-01 D neighborhood. The proposed work includes, but is not limited to, weed removal, header cuts, application of crack sealant, removal of existing striping, application of Type II Latex Emulsion Aggregate Slurry Seal, and re -striping slurried streets. 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 35 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". A pre-bid conference is scheduled for 8:00 A.M., Wednesday, August 28, 2024 in the Public Works conference room at City of La Quinta, City Hall located at 78-495 Calle Tampico, La Quinta, California 92253. Complete sets of the bidding documents may be purchased online at: www.planitr)lanroom.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. Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms bound and made a part of said Specifications. Invitation to Bid 1100-1 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 any or all bids, and to waive any irregularities in the bids. Bid log sheets can be found at http://www.laauintaca.gov/business/design-and- development/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 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 SB854, 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. Invitation to Bid 1100-2 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 Contractor) and/or C12 (Earthwork and Paving 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. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. Approved Published Invitation to Bid By: Bryan WcKinney, P. Public Workspirector/ City Engineer By: V Monika Radeva '' City Clerk END OF SECTION Date: August 15, 2024 Date: August 15, 2024 1100-3 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. 2024-12, FY24/25 PMP Fred Waring & Misc. Locations, 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 uayon(a-)-laquintaca.gov — 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 OF 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. 2024-12, FY24/25 PMP FRED WARING & MISC. LOCATIONS CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: September 5, 2024 @ 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 BID 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. 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. Instruction to Bidders 1110-4 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. 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. Instruction to Bidders 1110-5 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. 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. Instruction to Bidders 1110-5 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. 23.0 REJECTION OF 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. Instruction to Bidders 1110-7 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 OF 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. 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 $824.00, 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. Instruction to Bidders 1110-8 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 5:00p.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. 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. 29.0 COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010. 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). Instruction to Bidders 1110-9 (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. 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. 30.0 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 1110-10 SECTION 1200 BID DATE: 9/3/2024 The undersigned, as bidder, declares it has received and examined the Contract Document entitled Project No. 2024-12, FY24/25 PMP Fred Waring & Misc. Locations, 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 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 # N/A Date Received N/A Initials 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 Bid 1200-1 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 2890 E. LA CRESTA AVE. ANAHEIM CA 92806 Bidder's Address 630360 Contractor's License No. CALIFORNIA State of Incorporation bx"" Si nature of Bidder COREY R. KIRSCHNER Printed Name of Signatory CEO Title of Signatory 714-632-6699 Bidder's Telephone Number BIDS@ONYXPAVING.COM Bidder's Email Address 10/31/2025 Contractor's Expiration Date vt)-�v E�J-Jvo,, Witness LESLIE ROCHA - BID COORDINATOR Title of Witness Bid 1200-2 SECTION 1210 BID SCHEDULE PROJECT NO. 2024-12 FY24/25 PMP FRED WARING & MISC. LOCATIONS 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. 2024-12, FY24/25 PMP Fred Waring & Misc. Locations, 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. BASE BID — FY24/25 PMP FRED WARING & MISC. LOCATIONS Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 1 Mobilization 1 LS $1-1$)20-7 $ H'6,207 2 Traffic Control 1 LS $1219,co 0 $ I z$, 000 3 Crack Seal and Type II, Latex Emulsion Aggregate Slur 11179,300 SF $0.35 $N12,755 Pavement Repair Type I: 2" 4 Grind and Asphalt Concrete 86,900 SF $2.52 $245,058 Overlay Pavement Repair Type II: Edge 5 Repair AC Shoving; Grind AC 3,930 SF $ 9.82- $ IV 142. GO Shoving 2" Below Adjacent Surface and 2" Overlay Bid Schedule 1210.1 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 1 Pavement Repair Type III - 6 Remove Existing AC, Compact 9,010 SF $ 95 $SO,OG$ $G 2 Existing Base, and Variable Overlay (Depth Per Plan 18 EA $ I, Iao $ X9500 , Total Amount of Bid Items 1 — 2 Sawcut, Remove, and Dispose 7 of Existing Concrete Ribbon 48 LF $ III $ 5,)23 Guter Construct 3' Wide Ribbon 8 Gutter per Plan Detail, 3" Dowel 48 LF $21,312- , into Existing Concrete Guter 9 Signing and Striping, Including 1 LS$12$ 3$$.60 $128, 3$8.60 All Incidentals Total Amount of Bid Items 1 — 9 $1, 0'6%poo City may award all or none of the following additive alternates: ADDITIVE ALTERNATE NO. 1 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 1 Lower Water Valve to Grade per CVWD Standards 18 EA $ SGo $ 9,000 2 Raise Water Valve to Grade per CVWD Standards 18 EA $ I, Iao $ X9500 , Total Amount of Bid Items 1 — 2 $ Z$,�00 ADDITIVE ALTERNATE NO. 2 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 1 Lower Sewer Manhole to Grade per CVWD Standards 2 EA $ I�Sdo $ 3 ooa 2 Raise Sewer Manhole to Grade per CVWD Standards 2 EA $2,5oo $5000 Total Amount of Bid Items 1 — 2 $g,000 Bid Schedule 1210-2 GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures): 1129 ,16aO. a o GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words): n2 ►'n� lliah Ghe R�,ndre� atnc� '� dollars ever. n(1 P. -A0 Bid Amount of each of the above Bid Items must be filled in and completed. It understood that the quantities shown hereon are but estimates and the bidder responsible to verify quantities prior to submitting a bid. Final payment will be base upon actual work performed, subject to such adjustments and alterations as elsewhe provided herein. Signature of Bidder (Ink) ONYX PAVING COMPANY, INC. Name of Bidder (Printed or Typed) 714-632-6699 Bidder Telephone Number BIDS(c-D-ONYXPAVING COM Bidder Email Address Bid Schedule 1210-3 SECTION 1220 BID GUARANTY BOND PRINCIPAL, and siriusPoint America Insurance Company, as SURETY, are held and firmly bour unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT C 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. 2024-12 FY24/25 PMP FRED WARING & MISC. LOCATIONS 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 30th day of August , 2024. Onyx Paving Company, Inc. SAmg e, Ki Y sclr t •tf — (_E0 Title of Signatory Signature of Principal 2890 East La Cresta Avenue Anaheim, CA 92806 Address SiriusPoint America Insurance Company R9� 3t SEAL Zyanya Hernandez, Attorney -in -Fact &`•. 1979 Title of Signatory ?�,y •........Y Si6n*ure o f)Suret' 1 World Trade Center 285 Fulton Street, 47th Floor, Suite. 47J New York, NY 10007 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 : �. rr � srs cres 4 tri r czcc ycrycr� e ,r_X1X_1<1,n:,<^11X1A cis csr� sr Er. r �r � rcr� c arc c t c 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 August 30. 2024 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(g) whose name(X) is/aye subscribed to the within instrument and acknowledged to me that he/sate/tiley executed the same in his/her/their authorized capacity(iiA), and that by his/tor/their signature(g) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. 5,.. "ryrLESLIE ROCHA y = Notary Public • California Orange County Commission # 2484949 2My Comm. Expires Mar 19, 2026 + Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Si9 natur �`�✓d'l/1/ U//� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: 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: z t zGzZq:� � Q=t�G�zXG�ccCcZccctcfctc�ctr.cgtc q.'+r ,�,c. .([ �G z ;�Cr c�zce�� KczC�CctXc X 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j AUG 3 0 2024 On , before me, Christina Rogers Notary Public, personally appeared Zvanva Hernandez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. 4 :.... Hf. CHRISTINA ROGERS Notary Public - California -�Orange County € Commission q 2463205 = WITNESS my hand and official seal. My Comm. Expires Sep 14, 2027 SIGNATU PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type Document Date: Signer(s) Other than Named Above: PERTAMO 1_0823 POWER OF ATTORNEY SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK KNOW ALL MEN RY THESE PRESENTS: That SiriusPaim America Insurance Company, a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adopted by the Board of Directors of the Company, to wit. RESOLVED, that the President, Senior Vice President, Chief Financial Officer, Secretary or Assistant Secretary is hereby authorized to execute Powers of Aitomey appointing as anomeys-in-fact selected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as co -surety. Does hereby nominate, constitute and appoint Albers Melendez, Christina Rogers. Erik Johansson, Jennifer Anava. Joaquin Perez, Mclisia Lopez Yu Cheng Chiang, Frederic M Archcrd, Jr . Martha Barreras- Mary Martha Langlcy, Jonathan Batin, Vanessa Ramirez. Zyanya I[ernandez Its true and lawful allomey-in-fact, to make, execute, seal and deliver forand on its behalf, and as its act and deed; any and all bonds, contracts, agreements of indemnity, and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee bonds) and to bind the Company thereby as fully and to the same extent as if same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed [lie sum of S50,000,000 single bond limit All acts of said atiomeys-in-fact pursuant to the authorities herein given are hereby ratified and confirmed. The executive officers listed above in the Resolution may from time to time and at any time remove any such appointee and revoke the power given to him or her. The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of issue of these presents, shall be binding upon said Company, as fully and amply, to all intents andpurposes, as if they had been duly execrated and acknowledged by the regularly elected officers of the Company at its office in Ncw York, New York, in their ownproper persons. IN WITNESS WHEREOF. SlriusPomt America Insurance Company has caused its corporate seal to be hereunto affixed, and these presents to be signed by its Secretary this 17th day of August in the year 2023. SumsPmnl A/mcnca Insurapany B) f� Melissa Rolph Sccrctary State of Ncw Jersey ) ss. County of Monmouth 1 On this 17' day of August 2023, befbre me, a Notary Public of the State of New Jersey in and for the County of Monmouth duly commissioned and qualified, came Melissa 1, Ralph, Secretary, of StriusPoint America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and acknowledged the execution of the same, and, being by me duly sworn, deposeth and saiih, that she is the officer of the Company aforesaid, and that the seal affixed to the preceding instmnrent as the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said insinimeni by the authority and direction of the said Company, refereed to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. TNWEVIRES IS-SCOTT j� T LIC otaty Publ JERSEY My Co . ion expires MY MARCH 31, 2028 U_rCy v t 1024State of New Jersey r 1 County of Monmanh 1, Melissa J. Ralph, Secretary, ofSiriusPoint America Insurance Company, a New York corporation, do hereby certify that the strove and foregoing is a full, Inic correct copy of Powcrof Attorney, is still in force and effect and has not been revoked - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 30th day of , August, 2024. N•tpr... ... l SEAL n� tic rctan SL, .1979. :' o SURETY *%APPLIEDUNDERWRITERS 10805 Old Mill Road Omaha, NE 68154 September 6, 2023 Bond Obligees Project Owners General Contractors RE: Digital Seal Authority and Enforceability Notice To whom it may concern: The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized by the company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature. If you require further verification you may email our Home Office Underwriting Center at infoCa)_surety.auw.com In Witness Whereof, this has been executed by the President, Applied Surety Underwriters for Siriuspoint America Insurance Company. ,,•a1�C'A W.-1, f SF..AL ' yi9 yc Thank you for your continued business. Sincerely, L �J Joshua C. Betz President, Applied Surety Underwriters 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. Project Name: CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22 Owner: CITY OF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 Construction Cost: $ 1,314,878.59 Construction Time: 8 MONTHS Calendar Days Owner's Representative. SCOTT FISHER Owner's Telephone No.: 760-814-7226 Date of Substantial Completion: NOV 2022 2. Project Name: 22-23 ANNUAL ASPHALT CONCRETE OVERLAY PROJECT Owner: CITY OF EASTVALE - 12363 LIMONITE AVE #910, EASTVALE, CA 91752 Construction Cost: $ 5,998,000 Construction Time: 6 MONTHS Calendar Days Owner's Representative: CHUCK STAGNER Owner's Telephone No.: 714-925-4628 Date of Substantial Completion: MAR 2024 Bidders Experience & Qualifications 1230-1 3. Project Name: 2021-2022 PAVEMENT REHABILITATION PROJECT 4. Owner: CITY OF ARCADIA -240 W. HUNTINGTON DR, ARCADIA, CA 91007 Construction Cost: $1,899,698.72 Construction Time: 4 MONTHS Calendar Days Owner's Representative: JAN BALANAY Owner's Telephone NO.: 626-254-2726 Date of Substantial Completion: MAR 2023 Project Name: 23-24 SLURRY SEAL AT VARIOUS LOCATIONS Owner: CITY OF MONTEREY PARK -320 WEST NEWMARK AVE MONTEREY PARK, CA 91754 Construction Cost: $1,269,000 Construction Time: 4 MONTHS Owner's Representative: ZIAD MAZBOUDI Owner's Telephone No.: 626-532-2018 Date of Substantial Completion: APR 2024 Signed this 3RD day of AUGUST Calendar Days . 2024. ONYX PAVING COMPANY, INC. 630360 1000004798 Name of Bidder Contractor's License No. DIR Reg No. gnature of Bidder COREY R. KIRSCHNER Printed Name of Bidder 10/31/2025 // 6/30/2025 Expiration Date CEO 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 N ppp�+II e.,+ /� / A I C Q A K,h,6c,.Mxh,J AhA Pkfn . (A Cr -,L SO& I D.G�1% lcrw�iw I000Mg5r1??7 XnericAr, A5pV17 bj� I.,�. R.versic�e CA Slwrr5elcl 25.Li d 7M90 2000041G5Li2. �n i crs�a�8 cc -s) 5�r, p�hry Thc• �a��a%�. CA 1,78% -�6 6664- 1 C b660q� 0067140 A� COREY R. KIRSCHNER - CEO Signature of Bidder ONYX PAVING COMPANY, INC. Name of Bidder Proposed Subcontractors 1240-1 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. COREY R. KIRSCHNER - CEO gnature 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 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. /ZX Signature ONYX PAVING COMPANY, INC. Name of Bidder CEO Title 9/3/2024 Date Non -Collusion Affidavit 1250-1 SECTION 1260 DIR Project Vendor Information Vendor Information: Name: COREY R. KIRSCHNER Address: 2890 E. LA CRESTA AVE City: ANAHEIM ST: CA Zip: 92806 Project Manager: JACKSON HULSE Email: JACKSONH@ONYXPAVING.COM Phone: 714-632-6699 CSLB/Certification Number: 630360 Public Works Registration No.: 1000004798 Classification: Asbestos Boilermaker Bricklayers Carpenter Carpet/Linoleum Cement Masons V Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers Laborers V Millwrights Operating Eng /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://www.dir.ca.gov/Public-Works/Prevailing-Wage.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.gov/Public-Works/Certified-Payroll-Reporting html. A copy of certified payroll, including the names and addresses of employees and/or subcontractors working on the job must be included with invoices submitted to the City of La Quinta. DIR Project Vendor Information 1260-1 SECTION 1270 COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010 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.) OPTION #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(A th ized Signature) Pri ed Name and Title of Person Signing COREY R. KIRSCHNER - CEO Federal ID Number (or n/a) 33-0394344 Date Executed 9/3/2024 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) * [� _ J-�/ tA- By (Authorized Signature) N /Ar Printed Name and Title of Person Signing Date Executed N/f� NIA - Iran - 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 include a written report to the CitV if this section is applicable Russian Aggression Against Ukraine Compliance 1280.1 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 ORIGINALAMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 22-23 ANNUAL ASPHALT CONCRETE OVERLAY PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENT APPROXIMATE CONSTRUCTION DATES: SEP 2023- MAR 2024 AGENCY: CITY OF EASTVALE - 12363 LIMONITE AVE #910, EASTVALE, CA 91752 CONTACT PERSON: CHUCK STAGNER 714-925-4628 ORIGINAL CONTRACT AMOUNT: $5,858,000 FINAL CONTRACT AMOUNT: $5,998,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. 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 2023 AGENCY: CITY OF ARCADIA -240 W. HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PERSON: JAN 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: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. 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 Wk PROJECT NAME: 21-22 PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: NOV 2022- MAY 2023 AGENCY: CITY OF TEMPLE CITY - 9701 E LAS TUNAS DR, TEMPLE CITY, CA 91780 CONTACT PERSON: ALI CAYIR 714-883-8677 ORIGINAL CONTRACT AMOUNT: $3,727,000 FINAL CONTRACT AMOUNT: $4,031,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 23-24 SLURRY SEAL AT VARIOUS LOCATIONS PROJECT DESCRIPTION: CITYWIDE ASPHALT REPAIRS & SLURRY APPROXIMATE CONSTRUCTION DATES: JAN 2024 - APRIL 2024 AGENCY: CITY OF MONTEREY PARK -320 WEST NEWMARK AVE MONTEREY PARK, CA 91754 CONTACT PERSON: ZIAD MAZBOUDI 626-532-2018 ORIGINAL CONTRACT AMOUNT: $1,400,000 FINAL CONTRACT AMOUNT: $1,269,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: ACTUAL BID QUATITIES LESS THAN ORIGINAL BID QUANTITY. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 22-23 SBI PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: VARIOUS STREET FULL DEPTH RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: JAN 2024 - MAY 2024 AGENCY: CITY OF HEMET-445 E FLORIDA AVENUE HEMET, CA 92543 CONTACT PERSON: JILLEEN FERRIS 951-765-2360 ORIGINAL CONTRACT AMOUNT: $2,020,000 FINAL CONTRACT AMOUNT: $2,528,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. 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 Wk PROJECT NAME: PARKS, CIVIC CENTER & SHERRI F STATION PARKING LOT REHABILITATION PROJECT DESCRIPTION: ASPHALT REMOVAL & REPLACEMENT APPROXIMATE CONSTRUCTION DATES: FEB 2024 - MAY 2024 AGENCY: CITY OF LAWNDALE - 14717 BURIN AVE LAWNDALE, CA 90260 CONTACT PERSON: NICK PETREVSKI 310-973-3265 ORIGINAL CONTRACT AMOUNT:: $486,486 FINAL CONTRACT AMOUNT: $601,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. 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: BRIAN ALENAN 562-904-7110 ORIGINAL CONTRACT AMOUNT: $3,227,000.00 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 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 632-6699- FAX (714) 632-1883 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 IMPROVEMENTS 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 2022 -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 GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION: AMOUNT: 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 Fullmer Construction Centerpointe Moreno Valley $3,187,914.00 1725 S. Grove Ave. Sycamore Bus. Park Riverside $999,708.00 Ontario, CA 91761 Hillwood 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, Dr, 3`d flr Monterey Park, CA 9174 Ph: 323-269-0020 Fx: 323-263-4576 Contact: Matthew Vawter GMC Engineering, Inc. Edison Romoland $1,623,480.00 1401 Warner Ave Tustin, CA 92780 Ph: 760-744-133 Fx: 714-247-1041 Contact: Gennady Lusardi Construction FEDEX— OtayMesa San Diego $1,335,530.00 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 San Marcos, CA 92064 Edge at Campus EI 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: 310-820-1225 Contact: Chris Fahey ARCO National Construction Co. 900 N. Rock Hill Rd St. Louis, 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: 760-438-3056 Contact: Pete Burrows Empire Polo Club Indio $1,036,745.00 Scannell FEDEX Burbank $1,125,958.00 Whittier Area Community Whittier $625,920.00 Church Crevier BMW Santa Ana $30,600.00 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 Rd 'A R ASPHALT RUBBER HOT MIX REFERENCES: GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION: AMOUNT: GMC ENGINEERING, INC 1401 Warner Ave, Ste B. Tustin, CA 92780 Ph: 714-247-1040 Fx: 714-247-1041 Contact: Gennady Chizik R.D OLSON CONSTRUCITON, INC. 2955 Main Street, 3" Floor Irvine, CA 92614 P h : 949-474-2001 Fx: 949-474-1534 Contact: Jeremy Dunn Katella Ave. St. Improv Los Alamitos $120,000.00 Various Projects Lido House Hotel Newport Beach $193,105.00 IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT COREY KIRSCHNER AT 714-632-6699 OR VIA EMAIL AT COREYC")ONYXPAVING. 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: (714)632-1883 PRESIDENT: COREY R. KIRSCHNER BANK: BANK OFTHE WEST CREDIT REFERENCES DATE ESTABLISHED 1/4/90 TYPE OF WORK - ASPHALT PAVING INSURANCE AGENT: WOOD GUTMANN & BOGART CORP. TAX ID. # 33-0394344 CONTRACTORS LIC. # 630360-A 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 2229, CORONA, CA 92878 (951) 736-7600 Cari 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 #103, SAN 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 DR ESCONDIDO CA 92069 (760) 796 7700 J t' S' - us in mnott ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 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 Key Individual Responsibilities: Corey Kirschner - Manage overall operations and resources of company - Decision maker of corporation Jackson Hulse Field Superintendent - 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 -VIA 0 Ul ff Ito -VIA 0 Ul CONTRACTORS dCa STATE LICENSE BOARD ACTIVE LICENSE ----630360 -CORP e. ,...ONYX PAVING COMPANY INC A C 12 10i31i2025 www cSlb ca Qov d1w pr iIndustrial Department of Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Public Works Period: 07/01/2023 06/30/2024 Contractor Information Contractor Name: ONYX PAVING COMPANY, INC. Trade Name: License Type Number: 1000004798 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 2890 E. LA CRESTA AVENUE Contractor Mailing Address Mailing Country: United States of America Mailing Address: 2890 E. LA CRESTA AVENUE Contact Info Daytime Phone: Mobile Phone: Physical Business City/ ANAHEIM Province: Physical Business State: CA Physical Business Postal 92806 Code: Mailing City/Province: ANAHEIM Mailing State: CA Mailing Postal Code: 92806 Daytime Phone Ext Business Email: davidw@onyxpaving.com Applicant's Email: davidw@onyxpaving.net Registration Services:: Page 1 of 2 6/27/202310:06:22 AM Workers' Compensation Professional Employer Organization (PEO) Do you lease employees through Professional Employer Organization? No Workers' Compensation Overview Carrier: ZURICH AMERICAN INSURANCE COMPANY Policyholder Name: Onyx Paving Company Inc Policy Number: WC106300504 Inception Date: 10/01/2022 Expiration Date: October 12, 2023 Certification Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes I certify that one of the following is true: (1) 1 am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized I, David Wiltfong, the undersigned, am , ONYX PAVING COMPANY, INC. with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled. I certify this on: 10:00 AM Legal Entity Information Legal Entity Type: Corporation Name: ONYX PAVING COMPANY, INC. Registration Services:: Page 2 of 2 O R Oeltart ent of eCPR Public Search DW trig Rotations Public Works Support Contractors Projects Services Your information. TRANSACT0003992 Transaction Record First Name David Last Name Wiltfong Payment Amount 400 Payment Period DW David Wiltfong Logout 1 Registration Valid Date 2024-07-01 User Account Email davidw@onyxpaving.com Confirmation Number 24071791440573 *Status Successful Number TRANSACT0003992 Payment URL Qick.hcre Is this registration a renewal of an existing registration Yes ONYX PAVING COMPANY INC LICENSE# 630360 DIR# 1000004798 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ONYX PAVING COMPANY, INC, (a California corporation) August 20'h, 2024 The undersigned director, constituting the entire board of directors (the "Board") of Onyx Paving Company, Inc., a California corporation (the "Corporation"), hereby takes the following actions, adopts the following resolutions, and transacts the following business, by written consent without a meeting, as of the date above written, pursuant to Section 307(b) of the General Corporation Law of the State. of California and the Corporations Bylaws: Approval of Loan Transactions WHEREAS, Corey Kirschner is currently the Corporation's Chief Executive Officer and Jay Kirschner is the Vice President, Secretary and Treasurer (the "Officers"), both with authority to enter into contracts on behalf of the Corporation. WHEREAS, the Corporation opportunities from time to time to bid on various governmental and non-governmental projects; WHEREAS, after careful consideration, the Board has determined that the terms and conditions of the proposed project in the form of the bid attached hereto as Exhibit A (the "Project") are just and equitable and fair as to the Corporation and that it is in the best interests of the Corporation and its stockholder to submit the bid and complete the Project subject to the terms agreed upon by the parties. NOW THEREFORE BE IT RESOLVED the Board on behalf of the Corporation hereby approves and ratifies the Project in all respects, and hereby authorize and direct the Corporation to negotiate, execute, deliver and perform the terms of all documents, required in connection with title Project, together with such changes thereto as may be approved by the Officer executing the same on behalf of the Corporation (pursuant to the authorization provided herein), such approval of the Officer to be conclusively evidenced by its execution and delivery of same. RESOLVED FURTHER, that the Officer may execute and deliver any and all agreements and any and all other documents and instruments, and take such further actions as may be necessary or appropriate, for the financing of the Corporation. 0 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714-632-6699 0 RESOLVED FURTHER, that the Officers) are hereby authorized, directed, and empowered to execute and deliver any and all agreements and any and all other documents and instruments, and take such further actions as may be necessary or appropriate, for the consummation of the Project. RESOLVED FURTHER, that the Officer, in the name of the Corporation, is hereby authorized, directed, and empowered to negotiate, execute and deliver to the applicable counterparty, any and all documents with respect to the Project and other instruments as may be reasonably requested, and the Officer on behalf of the Corporation is authorized from time to time to execute extensions or other installments as may be necessary. RESOLVED FURTHER, that the authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. The Secretary of the Corporation is directed to file the original executed copy of this Consent with the minutes of proceedings of the Corporation. [Signature page follows] * 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714-632-6599 0 ONYX PAVING COMPANY INC LICENSE# 630360 DIR# 1000004798 IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent of the Board of Directors as of the date first above written. X Co,eY46schner Chief Executive Of*icer X Richard Devos Chief Financia! Officer XKjrs" h Vice Pe ' ent, Secretary, Treasurer * 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714.632.5699 i EQUAL EMPLOYMENT OPPORTUNITY The Company is committed to providing equal e13plOyrnent oppOrtarnities to all Employees and applicants without regard to race (including traits historically associated with race, such as hair texture and protective hairstyles), religion or religious creed (including religious dress or grooming practices), calor, sex (including pregnancy, childbirth, breastfeeding, or related medical condition), genetic information, gender, gender identity and gender expression, seWal orientation, transgender status. transiboning slatus, national origin. ancestry. citizenship status, uniform service member status, military and veteran status. marital status, age, protected medical condition, physical or mental disability, holding or presenting a drivfWs license issued under 'Cal. Vehicle Code Section 12801.9, or any other protected status in ar.cordance with all app1cabie federal, state, and local laves. Company policy also prohibits unla Aut discrimination based an the perception that an-yone has any of the above characteristics, or is associated with a person alio has or is perceived as having any of the above characteristics. Discrimination can also include failing to reasonably acro€nmodale religions dress and grooming practices, or individuals with mantai or physical disabilities v here the accommodation does not prase an unciae hardship. This Policy extends to all aspects of the Company's employment practices. €ncicrdirg, but not limited to, recruiting, hiring, firing, promoting, transferring, coanpensation, benefits, training,) leaves of absence, and other terms and conditions of employment, as well as providing wages at the sarre rake for one sex as those of the opposite sex, and al the same rate for any race/ethnicity as another racelethnicity, who perform substantially similar work (consisting of similar skill, effort, and responsibility). under similar working conditions. Tia*; Company►s cal.�o conirrrltted tis o+�s►plying v"Ith t17� is°�.�3 pt atecirrrgquolified irr�r��tduats -,-ic€ dt5obi€ittes The* Conipawj 'r�,,ill provtilaw a reasonable acr,rmarnodation for r,ny kii: ;_t physical or me nlal disaWity (if a qualified individual with a did ab€ttty tta {lse e !eaar rec crsrert lay �u,F. prc�rded : e-lire-Aed is ,r►err aatic�n class roost cr a to r4 urariue hardship frac the %-,o 3prany rr°f or does not nose zi ,hr taw 1,(> th'a r`a lafety of others in the , �cOv cplaca srftf to ttw individual. if ari Employee ►e€lutrc-s on ar's;z'mmodation to perlcrrrrr the essentiol funcWarp of thou jib. the ErnployamEt must rrctify Human Rpsrat►r,es Ome the Companj isa,,*rare tit the "Od fui are accommodation, the Cca►rrfxwiy "-d1l gage in an intemcbvc- 1:1roce to ider'►tify posit)e3ct rk�n �t atx?ns that will enable the Employer to perforin the essential functions of the job. Employees with questions or concerns about discrimination in the workplace should bring these issues to the attention of Human Resources, or any member of management. Employees can raise concerns, report problems, or snake complaints without fear of retaliation. ,Anyone found to he engaging in any type of unlawfu€ discrimination Will be subject to disciplinary action, up to and including separation of employment. ONYX PAVING COMPANY, INC. IV COREY R. KIRSCHNER CEO, PRES, VP, SEC, TREA iT- � Tantpayer Identification Number (TIN) Enter your TIN in the appropr ate box. The TIN provided must match the name given on line 1 to avoidSocial security number - backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later, For other entities, it is your employer identification number (EiN). if you do not have a number, see Now to get a tom....-., ,....,-.,,I t.,_ �i ............ TIN, later. or __ Note: it the account is in more than one name, see the instructions for line 1. Also see What Name and j Employer identification number --- -_._ _..! Number To Give the Requester for guidelines on whose number to enter. Under penalties penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IHS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3, t am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form ()f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of �*) Here U.S. person lo, I � Date ► 03/27/2024 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www,irs.gov/F"orrnWg, Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following, • Form 1099 -INT (interest earned or paid) • Form 1099-01V (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1099-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup w#hhoiding. See What is backup withholding, later. Cat. No. 90231x Form w-9 (Rev 10-2018) for Taxpayer Give Form to the FormRequest (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Go to www.irs.gov1FormW9 for instructions and the latest information. I Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. ONYX PAVING COMPANY, INC. 2 Business nameldisregarded entity name, if different from above 4' ............._..._.__._ ....... _......_.._................__.._. 3 Check appropriate box for federal tax classification of the person whose name :s entered on line 1 Check only one of the _......... ___........ 4 Exemptions (codes apply only to 0) `Cel following seven boxes. certain entities, not individuals; see o ❑ C Cor � ❑ Individual/sole proprietor or poration X S Corporation [=: ParinAr,}t,fl ❑ T'rusL'estate instructions on page 3): i o single -member LLC ' F xen,p; payee ee code i)f any) y. ......._........._ - 0 `a ❑ Limited liability company, Enter the tax ciass)fication (C=C corporation, S=S corporation, P=Partnership) ► — Note: Check the appropriate box in the line above for the tax classification of lite single -member owner. Do not check I Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC E code (if any) another that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that] _. oC U is disregarded from the owner should check the appropriate box for the tax classification of its owner, I Other (see instructions) ► swdv •-t to am.T,,,arra,—, r terra r• a s 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 2890 E. LA CRESTA AVE. B City, state, and 7JP code ANAHEIM, CA 92806 _.._.-....____..._...._..____..._.._ _ ......_._._ _ 7 List account number(s) here {optional) ___...........__....__.-......... ._.....___..... �.____....... iT- � Tantpayer Identification Number (TIN) Enter your TIN in the appropr ate box. The TIN provided must match the name given on line 1 to avoidSocial security number - backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later, For other entities, it is your employer identification number (EiN). if you do not have a number, see Now to get a tom....-., ,....,-.,,I t.,_ �i ............ TIN, later. or __ Note: it the account is in more than one name, see the instructions for line 1. Also see What Name and j Employer identification number --- -_._ _..! Number To Give the Requester for guidelines on whose number to enter. Under penalties penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IHS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3, t am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form ()f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of �*) Here U.S. person lo, I � Date ► 03/27/2024 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www,irs.gov/F"orrnWg, Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following, • Form 1099 -INT (interest earned or paid) • Form 1099-01V (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1099-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup w#hhoiding. See What is backup withholding, later. Cat. No. 90231x Form w-9 (Rev 10-2018) A� 0® CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDN Y) r CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michael Tran Burnham WGB Insurance Solutions DAMAGE To RENTED ED PREMISES (Ea occurrence) CA Insurance License OF69771 Wr., NQ, El : 714-824-8384 A/c No): 714-573-1770 EMAIL ADDRESS: michael.trantiwgbib.com 15901 Red Hill Avenue Tustin CA 92780 INSURER(S) AFFORDING COVERAGE _ NAIC# License# OF69771 INSURER A: American Zurich Insurance Comp 40142 INSURED ONYXPAV-01 INSURER B: Zurich American Insurance Comp 16535 Onyx Paving Company, Inc. GEN'L AGGREGATE LIMIT APPLIES PER POLICYXa PRO- JECT L_1 LOC 2890 E. La Cresta Avenue INSURER Scottsdale Indemnit. Co 15580 Anaheim CA 92806-1816 _ INSURER D: __ . INSURER E : PRODUCTS -COMP/OPAGG $4,000,000 INSURER F: $ COVERAGES CFRTIFICOTF NIIMRFR• 951Q7QgAQA DC\/ICl/1kI NIIIMRCD- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCEINSD WVDPOLICY NUMBER MM DDIY YY MMIDDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR BCS2000426 3/14/2024 10/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE To RENTED ED PREMISES (Ea occurrence) _ $ 100,000 MED EXP (Any one person) $ Excluded - PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICYXa PRO- JECT L_1 LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OPAGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP106300605 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT Ea accident $2,000,000 AUTO BODILY INJURY (Per person) $ IxANY OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED LX NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE _ $ DED RETENTION $ _ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WC106300505 10/1/2023 10/112024 XPSER OTH- TATUTE ER $ 1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE _._ $ 1,000,000_ _ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder(s) is/are named as additional insured per the attached endorsements as required by written contract subject to the terms & conditions of the policy: GL Additional Insured Form #CG 20 10 12 19 and CG 20 37 12 19 GL Additional Insured State -Permits Form #CG 20 12 12 19 GL Primary and Non -Contributory Form #CG 20 01 12 19 GL Waiver of Subrogation Form #CG 24 04 12 19 GL Per Project Form #GLS -332s 01 12 See Attached... -- �rN1Y V CLLR I IUM Onyx Paving Company, Inc. 2890 E. La Cresta Ave. Anaheim CA 92806 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD State of California. Secretary of State Statement of Information (oomeatle Sfock and Agricultural Cooperative Corporations) FEES (F)ling and Disclosure): $26,00. If this Is an amandmont, goo fnstructlarts. IMPORTANT—READ INSTRUCTION$ BEFORE COMPLETING THIS FORM. 1, CORPORATE NAME ONYX PAVING COMPAMY, INC. 2. CALIFORNIA CORPORATE NUMBER . C1658078 G076477 FILED In the office of the Soorttary of State of the Stale of Cenfornla QCT -01 $018 Me SpaorcrFilnp VI4 Only rvo cnan est terve t Nor a uceple n vmaoo ass or recon Is a r.�. q0x aOCresS. SE6 jq3TuGt(omhj a. the Ye ave been anyahanpee to the InformANon conlalned In the last Sfat@Thent oan-r--rm n fited with the Catilor a 6vcreter, of State, or no elateinant of InfdnnallOn has been previously f1led, this Torr» must be completed In Its ontlrety. ❑ if there has been no chanso In any of the fnkrmattoa ponlakted to tho lest Statement of fnfolmalion flied with the Celitomla Secretary oratate, check#* boxand proceed to Item 17. 4. STREETADORE88pPPRINC" D(goolviiimixc CITY STATE ZIPCODE 2890 E, LAC (CESTA AV1:., ANANE;Ifd, CA 68806 0. 8Tf!>;t3TADDW41OFPRINCIPAL130INESS 6PFJCEINCAtIFORNIA, IF ANY _ OTY iiSTR ZIPCOOE 2890 E. LACR£STAAyg..AWU•lE1M, CAOM$ e, I,W1UMAn0RWOFC0RPWY10RIFWFERANTTHAN ITeMAI 611Y STAT8 ZIP QODE Cfflcerm " be added; liowover OTe Dfepfnt00 duos on this tarn must riot be elteled. • 7. CW5FBXEC(jTrVaOPPICER! ACDREN CITY STATE -ZIP CODE COREY KIRSCHNER 2890E.LACRESt'AAVE.,ANAHEItACA92806 0. Ci1f STATE 2,P CODE WAVIOR$CHNER 2890 E. LA CRESTAAVE., ANAHEIM, CA 92806 8. CHEF FIHANCIALOPPICPRI ADDRESS .C" 015AT! ?IIP CODE CQREY iORSCHNER 2$90 E. IA CRESTAAVE., ANAHEIM, CA 92808 Names and Comptele Addra3s9� of A![ Dfrestore, Including Dlrectots Who are AGo OHlcera ([he corperaYon must have et least one dT clot Atte<h eddffOnal e9Onecessa . 10, WE ADDRESS 'CITY STATE YIPCOOE COREY KIRSCHNER 2890E.tACKESTAAVE.ANAHEIM, CA92M 11, NA6!8 - ADDRESS p STATE ZIP CODE 12 ME ADDRESS CITY STATS I)PCODE 1s. NVNISEROFVACANCIES ONTHE BOARDOPDtRE4 • RS IFANY. Agent far 6orvlco of Process f the agent Is an Indvtdust, the egont must reside IO Cellra a endltem 16'rwet be completed Hath a Cal Jomra elroet address, a P.O. Box address Is not acceptable, if the aper! Is aeoft oarpo 11w, tho agent must have on Re W(h the CaftWe Secretary of State a oerUflCais Irwant to Oiftoe C rations Oode section 1845 and item 15 must be tell blank 14, NAMI!OFA0ENTF0R9ERMCfOFPR000S CORBY KIRSCHNER 16, CTAEUADDPII&OFA40ENTFOR BaRIACEOFPROCESS)NCALIFORNIA,(PANINDIVIDUAL CITY STASE 21P CODE 20001. tACIUSTAAvt:.,ANAHEIM, CA 02806 sotBsiafnaae Qp�lJgtl 0. DESCRIBETHRTYP6ERVlCE$ 9gFTHCCORPORAIION 17. SY SUBfaTT)NO THIS STA19XENT OF INPORMAT10V TO THE CALIFORNIA OZORCTARY OF STATE, THE CORPORATION CERTIFIES THE INFgRtiVATION CONTAINED HEl EW,'INCIUDINOPNYATTACHMENTS,187RVEANDCORREOT. 10101!2018 AFSHIN HAKIM ATTORNEY DATE TXPP�A NTNIIMEOFPERSONCAUPLETINOPOR.I! YIfLfl SIGyA V l31de0-(R6V01120iS) age o &PROVEDBYSECRETARYCFWA?E State of California- ---I19 Secretary of StfIte Statement of Information Gg68967 (Domestic Stock and Agricultural Cooperative Corporations) �L�� FEES (Filing and Disclosure); $2b.00. FILED If this Is 91) amendment, sae instructions. IMPORTANT —READ INSTRUgTiONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State I. CORPORATE NAME of the State of CaUfornla ONYX PAVING COMPANY, INC. JAN -03 2024 2, CALIFORNIA CORPORATE NUMBER CIM076 We span for F41 ag Use Only No Ch a Stoletnent Nota I.'cible7 agent address of record Is a P.O. Box address. flab ImWilora.) a, Iftherehovebeansnychaogestote niormatloncontained n oast tatement rmatianfiie wlfil eCe6forna acre ry o1 State, or no ststawrit of )nfo►ln4tlon boo been pravto uety filed, this form must be completed in Its onorety. © Ifftrah0b6ott no chdr$go in any ofthe Information oontalred In the lost Statownt or Information fliedzIth the Catfornis SWelePi of Stets, cheek lho boz Qnd proceed t4 Item 1 ir. om isle Addrese>ts Por thA pltowin Do not ebbra late Use name of the ci. items 4 and 6 cannot be P.O. Boxes. A 67REETADDRESSOFFR4NCiPALEXECUTIVEOFFICE CITY STATE 2112000E 6. STAEATAODRESSOFPItNDf-ALBUSINtESBOFFiCEtNC.ALIFORNU IFANY c17Y STATE ZtPCODE a MAlLINOAD�RI�SOFCORPORATIpN,IF01FFE1#ENTTitM1f1EM4 pTY STATE 27F CODE oiRCer may bis added; KOVreVPf. the ptemlnted tIUe9 oA Ihia form must not ba afrered. IT. CHIEF ExECVTrwoFfjcER! ADDRESS LfiY STA1E ZiPCOD6 e. SECRETARY ADDRESS OIrY STATE' ZIPCODe R CIUEFnNANCIALOFFICEP/ ADDRESS Nam@_ QltdCon7pfete AddNestle of Ali Directors, Including Dlreotws direcwr. Attach eddfUonet ae, lrnerseaar�r.� � City STATE ZIPCOOS 0ho are Mod Officers (Tne corporation must have at least ons � ID. 11A,Va ADDRESS _ __ _ , ; IfY "••�• •• � STATE ZiPCODE� 11. NAV9 ADDRESS C" STATC ZIPCOOC 12. NAIVE AODRESS 0V STATE DPCODE w ant Tor aervrce 01 Proceae Kure onert Is an Individual, the agent mwt resile In CoMomra and item is must to oocVietad wb) a Oeltromla sucat address, a P.O. Box address Is not acceptable. If the agent H another celporation, the agent mw have on 6lewlth the C9IVq.r is Seuelary of State a ea'04:91epunuahttoC9GfotnaCorpa iMiCodasoodon1606and Item1dMustbeleft blank 14. ANFOP EN7F09eER*e .PAOcm 1d. STREETADDRESS OFAGMT FOR 6ERYICfl OF PROCESS IN CALIFORNIA, IF AN INOMOUAL CITY STATE LP CQOr goo sus rigin 19. DESCRIBE THE TYPE OPMOMS OFTHICORPORAAON IT. BY SNWTINO THIS STATEMENT OP INFORMATION TO ME CALIFORNIA SECRETARY OP STATF- 7HE CORFOMTiON CER TIT TNM INFORMATOfr CONTAINEO MER EIN, INCLUDINO AN! ATrACHmeos,;S TRUE AND CORRECT, 0110=020 ANA BARBRA RAYPON OFFICE MANAGWCONTROLLER DATE rymPANTNANEO PERSON COMPLETING FORM TITLE 61GRAME L11v7io1"1inemal. t1rotectUm Agencl, Air Resources Board January 1, 2024 CERTIFICATE OF REPORTED COMPLIANCE OFF-ROAD DIESEL VEHICLE REGULATION is issued to ONYX PAVING COMPANY, INC. tt, 'Gtedabzwe C 4fornia Air Rj3iOW`e9 BCafd alld has CertifeU triev are t1) title 13 CCR 5�ct on 2"9 Ali rormany of atx-my mrt tie reGGrteti and ?arc as E,:vryjefj In Sp--tirn 2444.), w4n al] pessiblo cofo-nipte.7ess. QjW -,1n :ar irrcate is hull and qnd Cerfificate.Oxpires 2/28/2025 iF Mow Diewl Fim ldentmedwn 2694 k, IN, cwbflcimo, ergm f �ftl.hW