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HomeMy WebLinkAboutCopy of Bid - 03.08.2023DEPARTMENT OF PUBLIC WORKS C I T Y O F J DIAMOND BAR C A L I F 0 R N I A CONTRACT DOCUMENTS AND SPECIFICATIONS FOR RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2) AND ARTERIAL STREETS REHABILITATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON ROAD TO GRAND AVENUE) FY 2022-2023 PROGRAM PROJECT NO. SI23102 & SI23103 All Questions Regarding This Project Are To Be Directed To: Mr. Christian Malpica Associate Engineer City of Diamond Bar (909) 839-7042 Andrew Chou, Mayor Stan Liu, Mayor Pro Tem Ruth Low, Council Member Chia Yu Teng, Council Member Steve Tye, Council Member Daniel Fox, City Manager January 2023 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, Latest Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted either online via PlanetBidsTM or in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. BID BOND GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification of any bid submitted will be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. Modification of the electronic bids on PlanetBidsTM may also be considered if modifications were completed prior to the opening of the bids. The bid submitted must not contain any erasures, interlineation, m or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any Subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. 5 The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property. Damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $2,000,000 for one person injured in the accident and in the amount of not less than $2,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery no later than three working days before bid opening. Any interpretation or correction of the contract documents will be made only by 6 Addenda duly issued and a copy of such Addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a Subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 12. AWARD OF CONTRACT: No proposal will be considered from a Contractor who is not licensed as either Class A or C-12 Contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The City will award the Contract to the lowest responsible bidder for the total base bid amount whose bid complies with the requirements of the contract documents and specifications. The award, if made, will be made within ninety (90) calendar days after the opening of the proposals; provided that the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of its bid. 7 13. ALTERNATES: If alternate bids are called for, the Contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid. 14. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder including qualifications, references, proper licensing, adequate workforce and experience for the performance of the work covered by the proposal. 15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided. 8 EXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past five years. Only projects in excess of $1,000,000 each qualify as similar for this project. 1. Project Title 2021-2022 Annual Pavement Rehabilitation Project Contract Amount $1,060,000.00 Type of work Pavement Rehabilitation Client City of Buena Park Agency Project Manager Jason Tran Phone (714) 562-3680 Date Completed September 2022 Subcontracted 16% 2. Project Title Residential Street Pavement Rehabilitation Project, Area 10 Contract Amount $2,355,000.00 Type of work Pavement Rehabilitation Client City of Downey Agency Project Manager Desi Gutierrez Phone (562) 904-7110 Date Completed Apri12022 Subcontracted 26% 3. Project Title The Avenues Pavement Rehabilitation SB-1 Project Contract Amount $1,199,000.00 Type of work Pavement Rehabilitation client City of Lake Elsinore Agency Project Manager Carlos Norvani Phone (951) 674-3124 Date Completed October2021 % Subcontracted 35% NOTE: If requested by the City, the bidder shall furryish a certified financial statement, references, and other informat'on sufficiently comprehensive to permit an appraisal of his current finaoial condition. Bidder's Signature G] Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years of experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of five (5) continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be as required by the contract specifications. 3. The Contractor shall have five (5) years of experience in the application of Polymer Modified Asphaltic Emulsion Chip Seal. 4. The Contractor shall perform at least 50% of contract with its own forces. 16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed Subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. The name and location of business of any Subcontractor who will perform work exceeding 1/2 of 1% of the Prime Contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing Subcontractors that is required by City to be submitted may be submitted with the bid, or may be submitted to City up to twenty- four (24) hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of bid. 17. WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with 10 the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for sixty (60) days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the Agreement Form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be re -advertised. 20. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYMENT OF APPRENTICES: The Contractor, and all Subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any Subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all Subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his/her construction experience, and his/her organization and plant facilities available for the performance of the contract. 23. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, two hundred dollars ($200.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any Subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file with the Department of Industrial Relations, Division of Labor Statistics and Research. 24. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar Business License prior to the issuance of the first payment made under this Contract. 25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on the date of written "Notice to Proceed" of the City and to fully complete the project within sixty (60) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of seven hundred fifty dollars ($750.00) for each calendar day thereafter. 12 BIDDER'S PROPOSAL FOR RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2) AND ARTERIAL STREETS REHABILITATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON ROAD TO GRAND AVENUE) FY 2022-2023 PROGRAM PROJECT NO. SI23102 & SI23103 Date February28 , 20 23 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: Daniel Maas - President Michael Murray & Tanner Hambright - Vice President Kristen Paulin - Corporate Secretary (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he/she has carefully examined the location of the proposed work and has familiarized himself/herself with all of the physical and climatic conditions, and makes this bid solely upon his/her own knowledge. (d) That by submitting this Bidder's Proposal, he/she acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him/her at the address furnished by him/her to the City of Diamond Bar when this Proposal Form was obtained. (e) That he/she has carefully examined the specifications, both general and detail, and the drawings attached hereto, and 13 communications sent to him/her as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he/she will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he/she proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this Proposal is a Certified or Cashier's Check or Bidder's Bond, payable to the order of the City of Diamond Bar in the sum of 10% of the total amount bid DOLLARS $ 10% Said Bidder's Bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the Bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or Bidder's Bond, shall become the property of the City of Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the Bidder will be released from the Bidder's;Bond. Address of Bidder City Zip Code SCjn ure of Bidder Mi el Murray, Vice President 14 BID SCHEDULES CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS BID SCHEDULE: RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2) AND ARTERIAL STREETS REHABILITATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON ROAD TO GRAND AVENUE) FY 2022-2023 PROGRAM PROJECT NO. SI23102 & SI23103 Base Bid A — RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2)Project No. S123102 ITEM APPROX. DESCRIPTION UNIT NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT MOBILIZATION (NOT TO EXCEED 5% A -I I LS OF TOTAL BID AMOUNT) �8 5 00 o0 TRAFFIC CONTROL AND PUBLIC A-2 1 LS SAFETY. (NOT TO EXCEED 5% OF TOTAL BID AMOUNT) CONSTRUCITON STAKING AND A-3 I LS MONUMENT PRESERVATION 0 oa UO o0 A-4 1 LS PUBLIC NOTIFICATION 0. °p 00 , o0 APPLICATION OF TYPE 2 SLURRY A-5 1,400 ELT SEAL WITH 2% LATEX oo. ov 4ZQ OoO.Oo APPLICATION OF CRACK SEAL & A-6 I LS WEED KILL oo 175r UO o0 A-7 145,000 SY APPLICATION OF CAPE SEAL `Jl 50 00 7 97 $ ADJUST VALVE CAN TO GRADE A-8 46 EA 350.°° /(o to&Llo A-9 66 EA ADJUST MANHOLE TO GRADE 00 o0 00 EDGE MILL ROAD 6' WIDE (20' AT A-10 250,000 SF JOINS), 0--1.5" 0.37 15 .CONTINUED: BASE BID A SCHEDULE: RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2) PROJECT NO. SI23102 ITEM APPROX. DESCRIPTION UNIT NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT CONSTRUCT 1.5" THICK AC (C2 PG A-11 3,700 TON 64-10) OVERLAY REMOVE AND RECONSTRUCT CROSS A-12 875 SF GUTTER PER SPPWC STD PPLAN 122- 2 29.7 50. o0 A 13 18 CY REMOVE EXISTING AND CONSTRUCT 6" CLASS II BASE Z50. °O 4 A-14 1,650 SF 6" AC PAVEMENT (DIGOUTS) 700.4v REMOVE EXISTING IMPROVEMENTS, GRIND ROOTS, AND CONSTRUCT A-I5 375 SF SIDEWALK PER SPPWC STD. PLAN 112-3 AND 113-3 /g °o 00 REMOVE EXISTING IMPROVEMENTS A-16 40 LF AND CONSTRUCT 8" CURB PER SPPWC STD. PLAN 120-2, Al-6 ffQ oo J,,2".°O THERMOPLASTIC STRIPING, MARKING, AND LEGENDS A-17 I LS (EXCLUDES SKID -RESISTANT PREFORMED THERMOPLASTIC CROSSWALKS) INSTALL SKID -RESISTANT A-18 6,800 SF PREFORMED THERMOPLASTIC CROSSWALKS Zzf 42 ,3d0.°tl TOTAL AMOUNT BASE BID A SCHEDULE (IN FIGURES) TOTAL AMOUNT BASE BID SCHEDULE (WRITTEN IN WORDS): 16 $ Z, 6o' DOO.00 Base Bid B — ARTERIAL STREETS REHABILITATION (GOLDEN SPRINGS DR FROM BREA CANYON RD TO GRAND AVENUE) PROJECT NO. SI23103 ITEM APPROX. DESCRIPTION UNIT -F NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT MOBILIZATION (NOT TO EXCEED 5% B-1 1 LS OF TOTAL BID AMOUNT) 45,Dw. co 45 a00 oo TRAFFIC CONTROL AND PUBLIC B-2 1 LS SAFETY. (NOT TO EXCEED 5% OF TOTAL BID AMOUNT) (o qW, oo 4to 00. o° CONSTRUCITON STAKING AND B-3 1 LS MONUMENT PRESERVATION co D0 oC B-4 I LS PUBLIC NOTIFICATION W Q OC B-5 30 EA ADJUST VALVE CAN TO GRADE 30" / 50o. °° B-6 39 EA ADJUST MANHOLE TO GRADE 00 00.°o B-7 2,450 SF SA{l C IT OADDCA OVE tzNTERDE PIG PORTION OF M. PAVEMENT !`ONSTRUGTION CONSTRUCT BUS PAD, S" P.C.C. �g f0 g5 �Zs. o° CONSTRUCT 6"CLASS I1BASE PER B-S 80 TON SPPWC STD PLAN 131-2 96.E 7 260,co SAWCUT AND REMOVE EXISTING AC B-9 2,450 SF PAVEMENT, BASE TO A DEPTH OF 14" BELOW PROPOSED SURFACE /d GU 2-5.72$, "o REMOVE EXISTING IMPROVEMENTS, GRIND ROOTS, AND CONSTRUCT B-10 1,350 SF SIDEWALK PER SPPWC STD. PLAN 112-3 AND 113-3 14.01 /$ 400 00 COLD MILL EXISTING AC TO A B-11 465,000 SF DEPTH OF 2" 23 00 B-l2 3-1w TON CONSTRUCT 2" DEPTH AC SURFACE 6,000 COURSE C2-PG 64-10 (OVERLAY) 9Ccr7 7 cc REMOVE EXISTING SIDEWALK AND B-13 4 EA CONSTRUCT CAST IN PLACE TRUNCATED DOMES Addendum I - 17 CONTINUED:BASE BID SCHEDULE: BASE BID B SHCEDULE: ARTERIAL STREETS REHABILITATION (GOLDEN SPRINGS DR FROM BREA CANYON RD TO GRAND AVENUE) PROJECT NO. S123103 ITEM APPROX. DESCRIPTION UNIT NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT REMOVE EXISTING IMPROVEMENTS B-14 10 LF AND CONSTRUCT 8" CURB PER SPPWC STD. PLAN 120-2, A 1-6 Q 00 900 00 REMOVE EXISTING IMPROVEMENTS & INSTALL NEW ADA COMPLIANT 13-15 1 EA CURB RAMP PER SPPWC STD. PLAN NO. 111-5. CASE D TYPE 2 PER PLAN DESIGNATION 00 30O•°O THERMOPLASTIC STRIPING, 13-16 I LS MARKING, AND LEGENDS co 011 B-17 Ib EA INSTALL TRAFFIC LOOPS Soo to floo.00 TOTAL AMOUNT BASE BID B SCHEDULE (IN FIGURES) TOTAL AMOUNT BASE BID SCHEDULE (WRITTEN IN WORDS): 6 A & m11h �n,}fn 71Aa1)fand do//ors. TOTAL AMOUNT BASE BID A + BID B SCHEDULE (IN FIGURES)— $ TOTAL AMOUNT BASE BID A + BID B SCHEDULE (WRITTEN IN WORDS): The Contract will be awarded to the lowest responsible bidder based on the sum of base bid "A" schedule and base bid "B" schedule. 19 DEDUCTIVE #1 BID SCHEDULE: RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREA 2) PROJECT NO. X ITEM APPROX. DESCRIPTION UNIT NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT INSTALL SKID -RESISTANT C-1 6,800 SF PREFORMED THERMOPLASTIC CROSSWALKS DEDUCT DEDUCT INSTALL STANDARD 5.O° 34, 000.60 C-2 6,800 SF THERMOPLASTIC CROSSWALKS ADD ADD TOTAL AMOUNT DEDUCTIVE #1 BID SCHEDULE (IN FIGURES) TOTAL AMOUNT DEDUCTIVE #1 BID SCHEDULE (WRITTEN IN WORDS): 19 Is ( / 5, 300. W) Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and includes all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Accompanying this proposal is Bidder's Bond (Insert "$ Bidder's Bond cash", "cashier's check", "certified check", or "Bidders Bond" as the case may be) in the amount equal to at least ten percent (lob) of the total base bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. Hardy & Harper, Inc. 2/28/2023 NAME OF BIDDER (PRINT) SIGNATURE DATE 32 Rancho Circle ADDRESS Lake Forest, CA 92630 CITY ZIP CODE TELEPHONE 215952 A, C-8 & C12 12/31/2023 STATE CONTRACTOR LICENSE NO. CLASSIFICATION EXPIRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representation made herein are true and correct in accordance with the requiremen ,,of California Business and Professional Code Section 7028.1 / CONTRACTOR SIGN Michael Murray, Vice OFFICER 20 LIST OF SUBCONTRACTORS * BID OPENING DATE March 8, 2023 PROJECT Residential & Collector Streets Rehab and PROJECT NO. S123102 & S123103 Arterial Streets Rehab FY 20224023 LOCATION Diamond Bar, CA CLIENT City of Diamond Bar CONTRACTOR Hardy & Harper, Inc. Name Under Which License Address of percent of Specific Description Subcontractor is No. Office, Mail, Total of Licensed or Shop Contract Subcontract MD 51,Q , R-0WPI-f-,o gyUuBu 4J. roaEsr aA UACK•FILL 1oC CoU438 CASE LAM D 01128r40k CAZ/ ,Su P-v6\(10ei L54( I OOOOOI 5 3 3 ALL 00 E. L + AHEPCAtJ ASPµAt,T 21D�O13 ROtJH CA SLUR-V-K SEAL I O0000 1 OS l AM( LIC.AN 1012CkI9 SEAL. PAVEmF_NT 17_1 Moo SYScENS Fs I =Ob000 Zo"7 S .STRl p IN(n A ato. STR-1 Pl NCB 53FiZltOr4T 5 I IOoOootogl2 * Any Subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid or ten thousand ($10,000.00), whichever is greater, shall be designated on this form. 21 LIST OF SUBCONTRACTORS * BID OPENING DATE March 8, 2023 PROJECT Residential & Collector Streets Rehab and PROJECT NO. SI23102 & S123103 Arterial Streets Rehab FY 2022-2023 LOCATION Diamond Bar, CA CLIENT City of Diamond Bar CONTRACTOR Hardy & Harper. Inc. Name Under which Subcontractor is Licensed License No. Address of Office, Mail, or Shop percent of Total Contract Specific Description of Subcontract 5 M 1TN50Q >rlF_CTt21 U145t% IRM VATEL.LA 1l. c-1 l 0oc�oo 1 to � o * Any Subcontractor doing work in excess of one-half (1/2) of one percent (it) of the total bid or ten thousand ($10,000.00), whichever is greater, shall be designated on this form. 21 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The Contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The Contractor is not ineligible to bid on, be awarded or perform work as a Subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The Contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or Subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred Subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The Contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works P project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of February 28 , 2023 at Lake Forest. CA (place of execution) . Signature Name: Title: Vice President Name of Company: Hardy & Harper, Inc. 23 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? YES iKel If the answer is yes, explain the circumstances in the following space: NOTE: constitute signature of this questionnaire. 24 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification SI23102&SI23103 Bid Date March 8, 2023 This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 5CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2018 2019 2020 2021 2022 TOTAL 2023 No. of Contracts 449 539 499 500 474 2,461 80 Total dollar amount of 0-7, OOO, contracts in 1,000's 88 129 84 864 98 388 71 824 108 429 $451 634 No. of lost workday cases 1 4 0 3 4 12 0 No. of lost work day cases involving permanent transfer to anotherjob or termination of employment 0 0 0 0 0 0 0 No. of lost workdays 25 245 0 238 144 652 0 *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102. The above information was compiled to me at this time and I declare information is true and accurate records. Hardy & Hamer. Inc. Name of Bidder (Print) 32 Rancho Circle Address Lake Forest, CA 92630 City Zip Code from the records that are available under penalty of perju �p.�t the within the limitation these F Signaturd",Wchaewy,ody, Vice President 215952 . -8 & C1 State Contrac r Lic. No. & Class (714)444-1851 Telephone AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) N/A be sworn, deposes and says: That he is a member of the co -partnership firm des first ed as duly which is the party making the foregoing prop sal or bid; that such bid is genuine and not collusive or sham; that s id bidder has not colluded, conspired, connived or agreed, directly indirectly, with any other bidder or person to put in a sham bid o that such other person shall refrain from bidding; and has not in a manner sought by collusion to secure any advantage against the C. y of Diamond Bar or any person interested in the proposed contra t, for himself or for any other person. That he has been and is dulyXested with authority to make and sign instruments for the co-partne ship by who constitute the Subscribe fd and sworn to befoV6 me this day of members of the co -partnership. Signature 20 Signature of Officer Administering Oath (Notary Public) 26 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES Michael Murray being first duly sworn, deposes and says: That he is of, Hardy & Harper, Inc. a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. 'I S Subscribed and sworn to before me this day of SEE ATTACHED , Vice 20 Signature of Officer Administering Oath (Notary Public) 27 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ® See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (f any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange MO 7y E. CHURNOCR Notary publk - California � .. Orange County � Commission g 2377551 `O My Comm. Expires Oct 5, 2075 Seal Place Notary Seal Above Subscribed and swom to (or affirmed) before me on this 1 day of March 20 23 by Date Month Year (1) Michael Murray (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(z) who appeared before me. SignatUr n • *ary 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: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item H5910 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) N/A being first duly sworn, deposes and says: That he is the party making the foregoing proposa or bid; that such bid is genuine and not collusive or sham; tha said bidder has not colluded, conspired, connived or agreed, dire ly or indirectly, with any other bidder or person to put in a sh bid or that such other person shall refrain from bidding; and has of in any manner sought by collusion to secure any advantage again the City of Diamond Bar or any person interested in the proposed ntract, for himself or for any other person. Subscribed and to before me t y of Signature 20 Signature of Officer Administering Oath (Notary Public) 28 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) M being first sworn, deposes and says: That he of, one of the parties submitting the foregoing b d as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the part' s making said bid who are: that such bid is genuine and of collusive or sham; that said bidder has not colluded, conspired, onnived or agreed, directly or indirectly, with any other bidde/nthe son to put in a sham bid or that such other person shall refraindding; and has not in any manner sought by collusion to secureantage against the City of Diamond Bar or any person interesteproposed contract, for himself or for any other person. Subscribednd sworn to before e this day of Signature 20 Signature of Officer Administering Oath (Notary Public) 29 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Diamond Bar BOND No. CSBA-23207 ("Public Agency"), has issued and invitation for bids for the work described as follows: Residential & Collector Streets Rehabilitation (Area 2) and Arterial Streets Rehabilitation (Golden Springs Drive from Brea Canyon Road to Grand Avenue) FY 2022-2023 Program Proiect No S123102 & S123103 WHEREAS Hardy & Harper, Inc., 32 Rancho Circle, Lake Forest, CA 92630 (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland, 777 South Figueroa Street Suite 3900 Los Angeles CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Public Agency in the penal sum of Ten Percent of the Amount Bid Dollars($10% ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by Public Agency and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by Public Agency in the suit and reasonable 34 attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code §2845. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: March 1st, 2023 "Principal" Hardy & Harper, Inc. 32 Rancho Circle, Lake Forest, CA 92630 By: .11'/ Its, Michm By: it Kristen President "Surety" Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017 By: Its Dwight Reilly, Attorney -in -Fad By: Its Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. (Seal) (Seal) 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On March 6. 2023 before me, Morgan E. Chumock. Notary Public Date Here Insert Name and Title of the Officer personally appeared _Michael Murray and Kristen Paulino Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/swthey 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. IMORGAN E. CHURNOCK V!01My Na[ary Public - California ` Orange County Commission p 2377551 ��r�•Comm. Expires Oct 5, t035 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur jOrSigrikwe UgNotary 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: Michael Murray 10 Corporate Officer — Tltle(s): Vies Pracidant ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Signer's Name: Kristen Paulin ❑+ Corporate Officer — Title(s): corporate Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper. Inc 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 03/01/2023 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MEU M . #2 01942VACCARO w4MVY COMM. u2401942Notary Public -California u ORANGE COUNTYn Comm. Expires May 12, 2026 Signature\ 1 \ oc�.) (Seal) fv�n Vaccaro Bond No. CSBA-23207 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY" COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA. Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day of November„ A.D. 2022. �`��nnnnw � w w,u v.a• a y ,ap yrWy p�.-LL ?�Y4ppPO�m-� 4" P � a5 iUtl Z SEAL 1p t S' .SEAL /) $EAU 2 - ,wc n..... ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By.: Robert D. Murray Vice President �t�uh ,(zYt9C >� By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 10th day of November„ A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ` ,�oumity v'u �, ��, tyuYP✓i Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds.. policies. recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V. Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this lst day of March , 2023 . s'PPON `I°? )S OPP4 3'p pP q` 4n �°SFAIm\j S'= - i �$EFlt.�5=_ d "SEAL R' By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph:800-626-4577 If your jurisdiction allows for electronic reporting of -surety claims, please submit to: renortsfclaimsna,zurichna.com - Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 BOND No. CSBA-23207 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Diamond Bar ( "Public Agency") , has issued and invitation for bids for the work described as follows: Residential & Collector Streets Rehabilitation (Area 2) and Arterial Streets Rehabilitation (Golden Springs Drive from Brea Canyon Road to Grand Avenue) FY 2022-2023 Program Project No S123102 & S123103 WHEREAS Hardy & Harper, Inc., 32 Rancho Circle, Lake Forest, CA 92630 (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland, 777 South Figueroa Street, Suite 3900 Los Angeles CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Public Agency in the penal sum of Ten Percent of the Amount Bid Dollars($10% ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by Public Agency and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by Public Agency in the suit and reasonable 34 attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: March 1st, 2023 "Principal" Hardy & Harper, Inc. 32 Rancho Circle, Lal By:1-�Z it's Ni By: its Kristen Corporate Secretary "Surety" Fidelity and Deposit Company of Maryland 777 South Figueroa Street Suite 3900 Los Angeles, CA 90017 By: _ Its Dwight Reilly, Attorney -in -Fact By: Its Note: This bond must be executed and dated, all signatures must: be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. (Seal) (Seal) 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On March 6. 2023 before me, Moroan E. Churrock. Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray and Kristen Paulino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in hWher/their authorized capacity(ies), and that by hkftr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MORGM E. CHURNOCK �! Notary Public - California Orange County Commission 0 2377551 r 'AR-W My Comm. Expires Oct 5, 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'StU4—OTAotary 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: Michael Murray ❑+ Corporate Officer — Tltle(s): ]lira Prewirtenr ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Signer's Name: Kristen Paulino © Corporate Officer — Title(s): Corporate secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper. Inc. C2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item k5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 03/01/2023 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature\ 1 1o`/�»raV" VJ0� Melissa Ann Vaccaro MEIISSA ANN VACCARO COMM. 82401942 Notary PuhlicCalifornla z n.— ORANGE COUNTY a My Comm. Expires May 12.2026 (Seal) Bond No. CSBA-23207 ZURICH AMERICAN INSURANCE COMPANY" COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA. Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONE, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day of November„ A.D. 2022. •N,N 14Vy N,M,W,NII Nr ,pN1419Ly, �.•`P,rsty OyYD 3 1N Lys se••..N Can.'a saae0"�01- oSEALm $ iii oSEAIm S "SEAL"I aI,N4,,,,N,N°etlwro?°,m'• xMNNN,N,Nm"' ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 10th day of November., A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ' a...Prta• /� : Consrance A. Dunn, Notary Public �'ry?�;;ij�p'' My Commission Expires: July 9, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may he affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1st day of March 2023 . fa�o„eoger�''+r z�oP°�^ aF oo hem s "SEALM c SEAL s= • Y V { ry mg P1'IL By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph:800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: reuortsfc laims(&zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire migprity employees within the company. ai:"51 TITLE OF OFFICER SIGNING SIGNATURE DATE February 28, 2023 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: Please see attached. 36 HARDY & HARPER TNC. COMPANY POLICIES AND PROCEDURES SECTION 1.0 EQUAL EMPLOYMENT OPPORTUNITY Hardy & Harper, Inc. is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available people in every job. Hardy and Harper, Inc. company policy prohibits unlawful discrimination based on race, color, creed, gender (including gender identity and gender expression), religion (all aspects of religious beliefs, observance or practice, including religious dress or grooming practices) marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition (including cancer or a record or history of cancer, and genetic characteristics), sex (including pregnancy, childbirth, breaslfeeding or related medical condition), genetic information, sexual orientation, military and veteran status or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful. Hardy and Harper, Inc. is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all people involved in Hardy and Harper, Inc. operations and prohibits unlawful discrimination by any employee of the company, including supervisors and coworkers. If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor or Chris Icamen Hardy and Harper, Inc. EEO officer. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Chris Icamen EEO Officer. Hardy and Harper, Inc. will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the Hardy and Harper, Inc. determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. Hardy and Harper. Inc. will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with disability, Hardy and Harper, Inc. will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee, unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact Chris Icamen EEO Officer, and discuss the need for an accommodation. Hardy and Harper, Inc. will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job. An applicant or employee who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) job should contact Chris Icamen EEO Officer and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, Hardy and Harper, Inc. will make the accommodation. Hardy and Harper, Inc. EEO Officer Chris Icamen can be reached at 714-444-1851 Ext. 128 or Cicame @hardvandharper.com Maas, CEO CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder X , proposed subcontractor , hereby certifies that he has X , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting r administering agency, or the former President's Committee on E al Employment Opportunity, all reports due under the applicable f' ing requirements. Inc. (COMPANY) BY: ITLE DATE: February 28 , 2023 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor X , hereby certifies that he has X has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. MD Rubberized Crackfill (COMPANY BY: Dan 9. Jfam Dan T. Maas, Managing Member (TITLE) DATE: March 8 , 2 0 23 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor x , hereby certifies that he has X has not _ _ , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. DATE: March 6 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 'CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor X , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. All American Asphalt (COMPANY) BY:_ ��5- Edward 1 Carlson, Vice President (TITLE) DATE: MARCHBTH , 2023 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor X , hereby certifies that he has X has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. DATE: MARCH 08 American Pavement Systems, Inc. (COMPANY) ��77 BY: Vice President, Chip Sea Division (TITLE) 20 23 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor X , hereby certifies that he has has not X , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not X , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. J&S Striping (COMPANY) Estimator (TITLE) DATE: MARCH 08 20 23 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor X , hereby certifies that he has_, has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. 4m i-I'hsoy)r_ Inc . (COMPANY) BY: % (ac,1 Lltn+ (TITLE) DATE: MARCH 08 20 23 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) SS COUNTY OF Orange Michael Murray , being first duly sworn, deposes and says that he or she is Vice President of Hardy & Harper, 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 another 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 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 contact or 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 effectuate a collusive or sham bid. of B STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me day of 20 SEE ATTACHED Notary Public nd for the County of State of California 38 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ® See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange MORGAN E. CHURNOCK Notary Public - California Orange County Commission N 2377551 My Comm. Expires Oct 5, 2025 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 1 day of March 20 23 by Date Month Year (1) Michael Murray (and (2) ), Name(s) of Signers) proved to me on the basis of satisfactory evidence to be the person(x) who appeared before me. Signature ign(ur kN tary 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: Signers) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item i15910 MINUTES OF THE SPECIAL MEETING OF HARDY & HARPER, INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January q , 2021, at 11:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two Vice -Presidents of the Company. Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S. PAULINO MI . .F DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice -President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. DATED: January Lf 2021 't t DANIEL. MAAS, Director/President ITEN P INO, Director/Secretary SSA MAAS, Director CONTRACTORS =C=a STATE LICENSE BOARD ACTIVE LICENSE 0 ,.......215952 .".. CORP .,"..... HARDY & HARPER INC _.....waA C-B C12 Ldpq ".a.. 12i31i2023 www.csit ^a.cov vL-- 6/23/22, 7:33 AM Registrations Contractor Information Legal Entity Name HARDY & HARPER INC. Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 07/01/22 Registration expiration date 06/30/23 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United Scat... Physical Address 32 Rancho Circle Lake Forest 92630 CA United Star... Email Address cicamen@hardyandharpef.com Trade Name/DBA License Number (s) CSLB:215952 CSLB:215952 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Qg2=for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History Effective Date Expiration Date 06/15/18 06/30/19 05/09/17 06/30/18 O6/08/16 06/30/17 06/19/15 06/30/16 07/02/14 06/30/15 07/01/19 06/30/20 07/01/20 06/30/21 07/01/21 06/30/22 07/01/22 06/30/23 C0443071 952251022 Dan T. Maas Michael Murray Kristen Paulino Dan T Maas 32 Rancho Circle Lake Forest 92630 CA United States of America Do you lease employees through Professional Employer Organintion (PEO)?: Please provide your current worker's compensation insurance information below: FED PEO PEO FED lnformationName Phone Email Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: No HARDY & HARPER, INC. OLD REPUBLIC GENERAL INSURANCE CORF Al CWA0013900 04/15/22 04/15/23 https://cadir.secure.form.com/ContractorSearch/registrationSearchDetails?id=al Rt00000048rbiEAA 1/1 C IT Y OF DIAMOND BAR C A L I F 0 R N I A DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA OFFICIAL NOTICE RESIDENTIAL & COLLECTOR STREETS REHABILIATION (AREA 2) AND ARTERIAL STREET REHABILIATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON ROAD TO GRAND AVENUE) FY 2022-2023 PROGRAM City Project No. S123102 & S123103 ADDENDUM NO. 1 The following changes to the Contract Documents for the above project shall be incorporated into the Contract Documents and Specifications as part of this project. The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the bid. 3/6/2023 David G. Liu, P.E. Date Director of Public works/CityjFoIgineer, Signature I /2