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HomeMy WebLinkAboutSCANNED BIDDEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA Aw- C I T Y 0 F DIAMOND BAR C A L I F 0 R N I A CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & S124103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING LN.) CIP NO. SI24101 All Questions Regarding This Project Are to Be Directed To: Mr. Christian Malpica Associate Engineer City of Diamond Bar (909) 839-7042 Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tern Andrew Chou, Council Member Ruth M. Low, Council Member Steve Tye, Council Member Daniel Fox, City Manager February 2024 CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING IN.) CIP NO. SI24101 pfS % ESS M B07 Q� �\� n m NO. C 86467 A CNII OF (`AL By: JT"/1/� 02/16/2024 C/ ,Vim Sui, P.E. C 86467 Date Exp: 03/31/2025 PREPARED BY: Nichols Consulting Engineers, Chtd. (NCE) 17050 Bushard Street, Suite 200 Fountain Valley, CA 92708 TELEPHONE: (714)848-8897 Proposals will be received online at https://www.planetbids.com/portal/portal.cfm?CompanyID=39500 until 3:00 PM on March 19, 2024 for the performance of the above described services. TABLE OF CONTENTS ITEMS PAGES PART I - BIDDING AND CONTRACTUAL DOCUMENTS NOTICE INVITING SEALED BIDS 1 - 4 INFORMATION FOR BIDDERS 5 - 14 BIDDER'S PROPOSAL 15 - 16 BID SCHEDULE 17 - 25 LIST OF SUBCONTRACTORS 26 - 27 DECLARATION OF ELIGIBILITY TO CONTRACT 28 - 29 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 30 CONTRACTOR INDUSTRIAL SAFETY RECORD 31 AFFIDAVIT FOR CO -PARTNERSHIP FIRM 32 AFFIDAVIT FOR CORPORATION BIDDER 33 AFFIDAVIT FOR INDIVIDUAL BIDDER 34 AFFIDAVIT FOR JOINT VENTURE 35 FAITHFUL PERFORMANCE BOND 36 - 37 LABOR AND MATERIAL BOND 38 - 39 BID BOND 40 - 41 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION 42 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS 43 NON -COLLUSION AFFIDAVIT 44 CONTRACT AGREEMENT 45-52 PART II - GENERAL PROVISIONS GP-1 - GP-16 i TABLE OF CONTENTS (Continued) PART III- SPECIAL PROVISIONS SP-1 - SP-9 PART IV - TECHNICAL PROVISIONS TP-1 - TP-66 PART V - APPENDICES APPENDIX A - STREET SWEEPING SCHEDULE APPENDIX B - CONSTRUCTION & DEMOLITION REQUIREMENTS APPENDIX C - PLANS APPENDIX D - TECHNICAL PROVISIONS FOR GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP PROJECT NO. PW23402) APPENDIX E - TECHNICAL PROVISIONS FOR GROUNDWATER DRAINAGE IMPROVEMENTS - PHASE 6 (COLD SPRING LANE) (CIP PROJECT NO. SI24101) APPENDIX F - RAISED PAVEMENT MARKERS PRODUCT SHEETS APPENDIX G - PREFORMED THERMOPLASTIC PRODUCT SHEETS ii PART I BIDDING AND CONTRACTUAL DOCUMENTS NOTICE INVITING SEALED BIDS FOR FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING IN.) CIP NO. SI24101 RECEIPT OF PROPOSALS: Proposals will be received online at http://at///at/ https://www.planetbids.com/portal/portal.cfm?CompanyID=39500 until 3:00 PM on March 19 2024 for the furnishing of all labor and materials and equipment for the AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER)and other incidental and appurtenant work. No proposal will be considered from a Contractor who is not licensed as either a 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 proposals will be publicly opened and read virtually via GoTo Meeting at 3:00 PM on March 19th, 2024. A link to the virtual bid opening will provided on PlanetBidsTM and on the City website (https://www.diamondbarca.gov/712/RFP-RFQ- BID-Opportunities). DESCRIPTION OF WORK: The Work to be performed or executed under these Plans and Specifications consists of and includes the application of cape seal and slurry sealing of the existing pavement; AC grind and overlay; utility adjustments, signing and striping; traffic signal loop detector replacement, removal and replacement of PCC; drainage improvements; ADA curb ramp improvements; and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements. The Bid Items for this work is shown as Base Bid Schedule A and Base Bid Schedule B under the Bid Schedule. In addition, the Work includes the GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS PROJECT (CIP PROJECT NO. PW 23402) and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements. This work is included in Appendix C "PLANS" and Appendix D "TECHNICAL PROVISIONS FOR GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP PROJECT 1 NO. PW23402)". The Bid Items for this work is shown as Base Bid Schedule C. In addition, the Work includes the GROUNDWATER DRAINAGE IMPROVEMENTS - PHASE 6 (COLD SPRING LANE) (CIP PROJECT NO. SI24101) and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements. This work is included by in Appendix C "PLANS" and Appendix E "TECHNICAL PROVISIONS FOR GROUNDWATER DRAINAGE IMPROVEMENTS - PHASE 6 (COLD SPRING LANE) (CIP PROJECT NO. SI24101)". The Bid Items for this work is shown as Base Bid Schedule D. START OF WORK: The City at its sole discretion will issue the Notice to Proceed to the Contractor within thirty (30) calendar days of the Bid Opening date. Work by the Contractor shall begin within seven (7) calendar days from the date the Notice to Proceed is issued by the City, at which time the calculation for Working Days shall commence. The Contractor's Bid and proposed work schedule shall reflect these schedule commitments. No delays to the Notice to Proceed or Start of Work will be granted by the City. COMPLETION OF WORK: All work shall be completed within Ninety -Five (95) Working Days after the Notice to Proceed is issued by the City. TIME EXTENSIONS: No time extensions for Working Days will be granted by the City unless the delay is due solely to the direct actions of the City and is immediately documented by the Contractor and submitted to the Engineer as a time extension request. Time extension requests not received from the Contractor within five (5) calendar days of the purported occurrence shall be considered forfeited by the Contractor. The City at its sole discretion may approve a time extension request as described herein and provide an increase to the Working Days for the approved duration. ENGINEER'S ESTIMATE: The Project is estimated to cost $3.46 Million for Bid Schedule A and $5.05 Million for Schedule B Items all in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders. Bid Schedule C Items for Grand Avenue at Diamond Bar Boulevard Drainage Improvements is estimated to cost $80,000. Bid Schedule D Items for Groundwater Drainage Improvements - Phase 6 (Cold Spring Lane) is estimated to cost $82,000. 2 OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract documents may be obtained at Planet Bids (https://www.planetbids.com/portal/portal.cfm?CompanyID=39500). PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of one hundred percent (100%) of the total bid price, and a Labor and Material Bond in an amount not less than one hundred percent (100%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should examine the minimum qualifications found in number 15 of the "Information for Bidders" section, pages 5 through 9. Bidders who do not meet the minimum qualifications should not submit a bid as the bids will be considered nonresponsive. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing 3 rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. CONTRACTOR ELIGIBILITY VERIFICATION Prior to awarding a contract, the Contractor's Eligibility will be verified as follows: 1) Status with the California Department of Industrial Relations at http://www.cslb.ca.gov, and 2) eligibility at http://www.dir.ca.gov/dlse/debar.html. RETENTION OF RECORDS RELEVANT TO AUDITS AND REVIEWS• The Contractor and subcontractors working in the City of Diamond Bar must retain records pertaining to said project for a minimum of five (5) years. Records to be retained include but are not limited to documents regarding payroll, change orders, field directives, as -built plans, etc. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw their bid for a period of thirty (30) calendar days after the date of the bid opening. BID AWARD: Subject to the reservations noted above, the Contract will be awarded to the lowest responsible bidder. CITY OF DIAMOND BAR, CALIFORNIA DATE: 2/20/2024 By: David G. Liu, P.E Public Works Director/City Engineer 4 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. Ail 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 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. PROPOSAL 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 (100) 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. The bid submitted must not contain any erasures, interlineation, 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 5 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. 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. 2 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 (1000) 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. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract document. 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 a Class A or Class 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 may award the Contract to the lowest responsible bidder on the total base bid. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the Contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within thirty (30) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as defined in the Public Contract Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code § 7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided 0 the contractor is registered to perform public work pursuant to Labor Code § 1725.5 at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The prime contractor is required to post job site notices as prescribed by regulation pursuant to Labor Code § 1771.4 and all contractors must secure the payment of compensation to its employees pursuant to Labor Code § 3700. 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, or on the base bid and any specified alternate(s). 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. I 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 three years. Only projects in excess of $2,000,000 each qualify as similar for this project. 1. Project Title 2019/20 ARTERIAL AND MINOR STREETS MAINTENANCE PHASE Contract Amount $4,558.151.40 Type of Work CITYWIDE STREET IMPROVEMENTS Client CITY OF RIVERSIDE Agency Project Manager STEVEN HOWARD Phone 951.826-5311 Date Completed NOV2022 % Subcontracted 2. Project Title FY 2021-22 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR Contract Amount 12,413,734.93 Type of work VARIOUS STREET IMPROVEMENTS Client CITY OF TUSTIN Agency Project Manager JOANN WU Phone 714-573-3157 Date Completed SEP 2022 % Subcontracted 3. Project Title RESIDENTIAL STREET PAVEMENT REHABILITATION PROJECT, AREA Contract Amount $3,553,442.43 Type of Work STREET IMPROVEMENTS Client CITY OF DOWNEY Agency Project Manager BRIAN ALENAN Phone 562-904-7110 Date Completed OCT2022 o Subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature ///7//� COREY R. KIRSCHNER - CEO, PRIES, VP, SEC, TREA. 10 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 three (3) 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 construction of Polymer Modified Asphalt 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 112 of to 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 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 11 compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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 ninety (90) 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 next lowest responsible bidder or re -advertise. On the failure or refusal of the lowest responsible bidder or next lowest responsible bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. 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: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 seq. to ensure compliance and complete understanding of the law regarding 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 12 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 construction experience, and his 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 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 business license prior to the issuance of the first payment made under this Contract. Any work required within Caltrans right-of-way will require a separate permit to be obtained by the Contractor. 25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice tc Proceed" of the City and to fully complete the project thereafter within the number of Working Days stated in the Notice Inviting Sealed Bids. Bidder must agree also to pay as liquidated damages, the sum of five hundred dollars ($750.00) for each calendar day thereafter. 26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support 13 the Claim. A Claim may include a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of Section 9204 (d) (5) . Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected. If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference. If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c) (2) (B), unless the Bidder and City waive the mediation upon mutual written agreement. 27. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services by sub -recipients, the conflict of interest provision including, but not limited to, 2 CFR part 200, Subpart B, 200.112, 24 CFR Part 570.611 and 24 CFR part 85, Section 85.36 (b), respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection or in award of administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 14 BIDDER'S PROPOSAL FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING IN.) CIP NO. SI24101 Date MARCH 14TH , 2024 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: ONYX PAVING COMPANY INC. COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA. (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 has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. 15 (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (9) That he 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 BIDDER'S BOND 10% DOLLARS ($ N/A ) . 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. 2890 E. LA CRESTA AVE. 714-6 -B69G Address of Bidder Telephone of Bidder ANAHEIM 9280B COREY R. KIRSCHNER - City CEO PRIES, VP SEC, TREA. Zip Code Signature of Bidder 16 BID SCHEDULE FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING IN.) CIP NO. SI24101 BASE BID "SCHEDULE A" - RESIDENTIAL & COLLECTOR STREETS PROJECT NO. S124101 ITEMFEST. DESCRIPTION UNIT NO.UANT. UNIT WRITTEN IN WORDS PRICE AMOUNT A-1 1 LS MOBILIZATION AND DEMOBILIZATION �p IUr6,1DUM ►q�,%)3.-M A-2 1 LS TRAFFIC CONTROL AND W'24080 (002,0w PUBLIC SAFETY 4%f1111 A-3 1 LS WATER POLLUTION CONTROL 1110c)o 11100O A-4 1 LS CONSTRUCTION STAKING AND I-M150O MONUMENT PRESERVATION IiSZA A-5 1 LS PUBLIC NOTIFICATION ��lp�p �l(cot) A-6 1 EA ADJUST GAS VALVE FRAME AND COVER TO GRADE A-7 231 EA ADJUST WATER VALVE FRAME AND COVER TO GRADE ���•�� �sli�tl ADJUST STORM DRAIN A-8 52 EA MANHOLE FRAME AND COVER �0, TO GRADE ADJUST SANITARY SEWER A-9 199 EA MANHOLE FRAME AND COVER )�C{16e) TO GRADE A-10 2 EA ADJUST ELECTRICAL MANHOLE FRAME AND COVER TO GRADE 3 1SRO ,bob REMOVE EXISTING A-11 38 EA IMPROVEMENTS AND INSTALL ( iKD 2501gfA NEW ADA COMPLIANT CURB 17 ITEM EST. DESCRIPTION UNIT NO. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT RAMP PER SPPWC STD. PLAN 111-5 REMOVE EXISTING IMPROVEMENTS AND INSTALL A-12 1 EA ADA COMPLIANT CURB RAMP G16M (e,(o0O AT BRONCO LANE ENTRANCE TO HERITAGE PARK REMOVE EXISTING CURB AND A-13 1,117 LF GUTTER AND RECONSTRUCT q PER SPPWC STD. PLAN 120-3 6 `•� 77iO13 (A2-6 or A2-8) REMOVE EXISTING CROSS A-14 4,981 SF GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 122-3 (3�1 (8" DEPTH) REMOVE EXISTING DRIVEWAY A-15 589 SF APRON AND RECONSTRUCT PER SPPWC STD. PLAN 110-2 (TYPE A OR C) A-16 158,607 SY APPLICATION OF TYPE II SLURRY SEAL A-17 139,154 SY APPLICATION OF CAPE SEAL A-18 27,844 SY COLD MILL EXISTING AC 2 SO p (1.5" DEPTH) A-19 2,740 SY COLD MILL EXISTING AC �"tS 1('�Z73S (2.0" DEPTH) A-20 3,446 TON CONSTRUCT ARHM OVERLAY '�3�, 6�t2 (1.5" DEPTH) �2i.06 A-21 339 TON CONSTRUCT ARHM OVERLAY (2.0" DEPTH) K A-22 18,422 SF BASE REPAIR (6" DEPTH) 6.1p (ig,IZ A-23 16 EA INSTALL TRAFFIC LOOP DETECTOR (TYPE E) �%A•DO (�i��O A-24 5 EA INSTALL TRAFFIC LOOP DETECTOR (TYPE F) (t2� DO 3LIWO ITEM NO. EST. QUANT. UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT REMOVE TRAFFIC STRIPING A-25 1 LS AND MARKINGS (SLURRY SEAL 55fWC> CjTOW AND CHIP SEAL STREETS) THERMOPLASTIC TRAFFIC A-26 1 LS STRIPING, PAVEMENT 1i�3C0 MARKINGS, MARKERS CURB MARKINGS, AND SIGNPOSTS. TOTAL AMOUNT BASE BID "SCHEDULE "A" ITEMS ( IN FIGURES) -> $ I q2k (OOD TOTAL AMOUNT BASE BID "SCHEDULE A" (WRITTEN IN WORDS): BASE BID "SCHEDULE B" - ARTERIAL STREETS (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO S124103 ITEM EST. UNI DESCRIPTION UNIT NO. QUANT. T WRITTEN IN WORDS PRICE AMOUNT B-1 1 LS MOBILIZATION AND Zu'l�R" DEMOBILIZATION Z2Z�5�i.} B-2 1 LS TRAFFIC CONTROL AND PUBLIC ft�MIOCO j.-fit000 SAFETY b�T® B-3 1 LS WATER POLLUTION CONTROL B-9 1 LS CONSTRUCTION STAKING AND 2%lgoo MONUMENT PRESERVATION B-5 1 LS PUBLIC NOTIFICATION lj(poo 000 B-6 1 EA ADJUST GAS VALVE FRAME AND %00 VD COVER TO GRADE 19 M EST.UNIDESCRIPTION UNIT E QUANT. T WRITTEN IN WORDS PRICE AMOUNT B-7 223 EA ADJUST WATER VALVE FRAME AND COVER TO GRADE ���•�� 2`11153 B-8 25 EA ADJUST STORM DRAIN MANHOLE FRAME AND COVER TO GRADE ADJUST SANITARY SEWER B-9 77 EA MANHOLE FRAME AND COVER TO Il"1OD `65t�J�} GRADE B-10 14 EA ADJUST ELECTRICAL MANHOLE FRAME AND COVER TO GRADE 3lCOD �c 1210� B-11 16 EA ADJUST TELECOM MANHOLE FRAME AND COVER TO GRADE [bl REMOVE EXISTING IMPROVEMENTS AND INSTALL B-12 28 EA NEW ADA COMPLIANT CURB GIIbOD 'Zlo`�XCO RAMP PER SPPWC STD. PLAN 111-5 REMOVE EXISTING CURB AND B-13 761 LF GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 120-3 (A2- ��-OD rD�tCA} 8 or A2-10) REMOVE EXISTING CROSS B-14 733 SF GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 122-3 (8" 2�-•DD All DEPTH) REMOVE EXISTING DRIVEWAY B-15 589 SF APRON AND RECONSTRUCT PER SPPWC STD. PLAN 110-2 (TYPE A OR C) INSTALL CONCRETE BUS PAD B-16 910 SF PER SPPWC STD. PLAN 131-3 33.00 30,0�0 8" DEPTH) B-17 25,439PPLICATION OF CAPE SEAL 4.966 5B-18 q 30,151OLD MILL EXISTINGAVEMENT (2.0" DEPTH) B-19 148,084 SY COLD MILL EXISTING PAVEMENT (2.5" DEPTH) t4q4I?T2 B-20 3,731 TON CONSTRUCT ARHM OVERLAY (2.0" DEPTH) 20 ITEM EST. DESCRIPTION UNIT NO. QUANT. °TI WRITTEN IN WORDS PRICE AMOUNT B-21 18,325 TON CONSTRUCT ARHM OVERLAY 2j S?5+1275' (2.5" DEPTH) B-22 34,698 SF BASE REPAIR (8" DEPTH)334i1NI.) B-23 127 EA INSTALL TRAFFIC LOOP DETECTOR E) +4 53,IM0 (TYPE B-24 59 EA INSTALL TRAFFIC LOOP 42A.0D ')-g090 DETECTOR (TYPE F) THERMOPLASTIC TRAFFIC B-25 1 LS STRIPING, PAVEMENT ❑❑ Iy MARKINGS, MARKERS, CURB MARKINGS, AND SIGNPOSTS. B-26 1 LS COORDINATE VIDEO DETECTION ZONE ADJUSTMENTS 51300 5/;DD RELOCATE PEDESTRIAN PUSH B-27 1 EA BUTTON ON EXISTING TRAFFIC 31�� �j11-OD SIGNAL POLE REMOVE EXISTING SIDEWALK AND RECONSTRUCT PER SPPWC B-28 200 SF STD. PLANS 112-2 AND 113-2 LSr•W �,10DD (4" DEPTH) [REVOCABLE BID ITEM] TOTAL AMOUNT BASE BID "SCHEDULE B" ITEMS (IN FIGURES)-> $ TOTAL AMOUNT BASE BID "SCHEDULE B" (WRITTEN IN WORDS): 21 BASE BID "SCHEDULE C" - GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS, PW23402 ITEM EST. DESCRIPTION UNIT NO. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT C-1 I LS CONSTRUCTION STAKING AND pp 21301 MONUMENT PRESERVATION C-2 1 LS MOBILIZATION C-3 2 EA TEMPORARY PROJECT IDENTIFICATION SIGNS C-4 1 LS TRAFFIC CONTROL 13i0� bW REMOVE EXISTING CURB AND C-5 40 LF GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 120-3 TYPE O A3-6 REMOVE EXISTING CURB AND C-6 40 LF GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 120-3 TYPE A2-6 VARIABLE COLD MILL C-7 3,300 SF EXISTING AC PAVEMENT (2"- 3") C-8 40 TN ASPHALT RUBBER HOT MIX 5lDgo (ARHM) OVERLAY (2"-3") C-9 1 EA ADJUST PULLBOX TO FINISHED SURFACE Icom IlEQO C-10 1 EA ADJUST WATER VALVE TO FINISHED SURFACE W-00 111.00 C-11 35 SF REMOVE AND RECONSTRUCT COLORED CONCRETE C-12 1 LS SIGNING AND STRIPING COMPLETE -IN -PLACE TOTAL AMOUNT BASE BID "SCHEDULE C" ITEMS (IN FIGURES)-+ 22 TOTAL AMOUNT BASE BID "SCHEDULE C" (WRITTEN IN WORDS): BASE BID "SCHEDULE D" - GROUNDWATER DRAINAGE IMPROVEMENTS - PHASE 6 (COLD SPRING LANE), S124101 ITEM EST. DESCRIPTION UNIT NO. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT D-1 1 LS MOBILIZATION (P�S�t� �Ii�qq D-2 1 LS TRAFFIC CONTROL & PUBLIC SAFETY Z%cob 2'L,Om D-3 236 LF INSTALL SUBDRAIN SYSTEM �-q�Luo (0y('gZ D-4 12 LF INSTALL 4" SCH. 80 PVC PIPE p ,11 l 145W" �� INSTALL A RADIAL PIPE TO D-5 2 EA PIPE JUNCTION STRUCTURE, CASE I REMOVE AND REPLACE D-6 3,700 SF EXISTING 3.5" AC OVER 9.5" .)S OCR b,o/SC0 AB TOTAL AMOUNT BASE BID "SCHEDULE D" ITEMS (IN FIGURES) $ �r S�oD 7 TOTAL AMOUNT BASE BID "SCHEDULE D" (WRITTEN IN WORDS): 23 TOTAL AMOUNT BASE BID "SCHEDULE A" + "SCHEDULE B" + "SCHEDULE C" + "SCHEDULE D" $ ITEMS IN FIGURES) b13W,06D TOTAL AMOUNT BASE BID "SCHEDULE A" + "SCHEDULE B" + "SCHEDULE C" + "SCHEDULE D" ITEMS (WRITTEN IN WORDS): Nlyw. ran` Ww) -vnmet hov)dr-ed si "-hint ivnowscLnA dollars 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 include 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. Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule. Accompanying this proposal is BIDDER'S BOND -10% (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total 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. 24 3/14/2024 NAME OF BIDDER (PRINT) SIGNATURE DATE 2890 E. LA CRESTA AVE. ADDRESS ANAHEIM 92806 714-632-6699 CITY ZIP CODE TELEPHONE 630360; A, C12 STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 702 COREY R. KIRSCHNER - CEO, PRES, VP, SEC, TREA. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 25 LIST OF SUBCONTRACTORS * BID OPENING DATE 3/19/2024 AREA 3 RESIDENTIAL & COLLECTOR STREETS PROJECT REHABILITATION AND ARTERIAL STREET REHABILITATION PROJECT NO. S124101,SI24101 & S124103 LOCATION DIAMOND BAR CA CLIENT CITY OF DIAMOND BAR CONTRACTOR ONYX PAVING COMPANY INC Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract (,IA cu\L� S�ry ctv�s 6 11 �tLt,� l�l� «1��5 1-41- ti •�9 �• � yze'vb ` CAw��,v�.y log i3��1 AWth�tvn fly 11•aZ�. C� 4Q Crctt� meal (�� laved 5�tv ey i�5 , �wt. CS�ttl CYR944 CA 2 .-N X ��iliH coroyEP�s Q CA v . �liforr�ict proFessi t�wl �Y1CeYiVY.1= J �3�p� (.a. � .� lo% i.v,. � i Rspv�cUFSaxh� Tvit• '18�t%q K0USidQ �.('0{i. SLO V-CLA * In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor 26 * LIST OF SUBCONTRACTORS * AREA 3 RESIDENTIAL & COLLECTOR STREETS PROJECT REHABILITATION AND ARTERIAL STREET REHABILITATION LOCATION DIAMOND BAR CA CLIENT CITY OF DIAMOND BAR CONTRACTOR ONYX PAVING COMPANY INC BID OPENING DATE 3/19/2024 PROJECT NO. S124101,SI24101 & S124103 Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract {r� Rweyv vim+ L IznC. OHS SAS srrzC'�"0J1 zv1 o ; In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor 26 license of each Subcontractor - who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (10) of the General Contractor's total base bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5o)of the Prime Contractor's total base bid or ten thousand ($10,000.00), whichever is greater, and the portion of the work which will be done by each Subcontractor. 27 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 another 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 m 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 MARCH 14 2024, at ANAHEIM,CA (place of execution). Signature Name: COREY R. KIRSCHNER Title: CEO, PRIES, VP, SEC, TREA. Name of Contractor: ONYX PAVING COMPANY. INC. W, BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5 and in conformance with Public Contract Code Section 10162, 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 NO If the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature nortion cnereor snail also constitute signature of this Statement and cautioned that making a false M CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification S124101,SI24101&SI24103 AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION Bid Date 3/19/2024 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 three 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 tha rirrnmef �n a;_ ITEM 3CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2021 2022 2023 TOTAL 2024 No. of Contracts 89 133 139 361 Total dollar amount of contracts in 1,000's 42,805 83,134 108,532 234,471 18,407 No. of lost workday cases 2 0 1 3 0 No. of lost work day cases involving permanent transfer to 2 0 1 3 another job or 0 termination of employment No. of lost workdaLls 12 0 0 12 1 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, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. ONYX PAVING COMPANY, INC Name of Bidder (Print 2890 E. LA CRESTA AVE. Address ANAHEIM 92806 City Zip Code COREY R. KIRSCHNER - CEO PRES VP SEC TREA. Signature 630360; A, C12 State Contractor's Lic, Na, 1 Class 714.632-6699 Telephone 31 N/A AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) sworn, deposes and says: being first duly That he is a member of the co -partnership firm designated as 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. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Signature Subscribed and sworn to before me this day of 20 Signature of Officer Administering Oath (Notary Public) 32 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) COREY R. KIRSCHNER being first duly sworn, deposes and says: That he is CEO, PRES, VP, SEC, TREA. of, ONYX PAVING COMPANY 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. Subscribed and sworn to before me this day of COREY R. KIRSCHNER - CEO PRES VP SEC TREA Signature 0 ****SEE ATTACHED NOTARY JURAT**** Signature of Officer Administering Oath (Notary Public) 33 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) x x x 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 CARLY OREDAL Ma4ry Gublt9. CaB/wnla i orange Counry Camm9519n ! 2442539 MY (eTIIi, EM,llflS MaI jli0j] Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 14 day of March 20 24 , by Date Month Year (and (2) ), Name of SignerX proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature S' ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: y.y.y,.ysy ddti<d<m y_y_y a'd5-------vribi'a('ti(� AFFIDAVIT FOR INDIVIDUAL BIDDER N/A STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) duly sworn, deposes and says: being first That he 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. Subscribed and sworn to before me this day of Signature 20 Signature of Officer Administering Oath (Notary Public) 34 AFFIDAVIT FOR JOINT VENTURE N/A STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid 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 parties making said bid who are: 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. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) BOND No. 35 rri.. KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for the work described as follows: AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. S124101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402); AND GROUNDWATER DRAINAGE IMPROVEMENTS -PHASE 6 (COLD SPRING LN.) WHEREAS Onyx Paving Company Inc. 2890 East La Cresta Avenue, Anaheim, CA 92806 (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 SidusPoint America Insurance 1 World Trade Center 285 Fulton Street, 47th Floor, Suite. 47J, New York, NY 10007 (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 Total 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 City 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 40 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 City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, 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 14th, 2024 "Principal" Onyx Pavino COmpanV Inc 2890 East La Cresta Avenue Anaheim, CA 92806 By:_ Its�'i'rsahnty- CEO, Prls. By: Its "Surety" SiriusPoint America Insurance Company 1 World Trade Center 285 Fulton Street, 47th Floor, Suite. 47J, New York. NY 10007 By: Its C'h tLnpR, s,Attorney-in-Fact By: Note: This bond must be dated, all evidence of the authority of fact must be attached. Its signatures must be notarized, and any person signing as attorney -in - (Seal) (Seal) 41 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 14 2024 before me, Carly Bredal Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(iee), and that by his/her/their signatures) on the instrument the person(or), or the entity upon behalf of which the person(m) acted, executed the instrument. ' Notary public otWrnla ra On/• county Commission i 3aoTs79 M, ;�mm. ExpV•f a!+r 21, 30I'! 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 ��4&h Avku�z ignature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I County of Orange On MAR 1 4 $p$4 , before me, Albert Meiendez , Notary Public, personally appeared Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that be/she/tlky executed the same in his/her/t*ir authorized capacity(ixs), and that by his/her/their signature(o on the instrument the person(, or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. e TM ALBERT MELEMDE2 NoNotaryy LENDE Orange County WITNESS my hand and official seal. Commission 0 2391461 y Wmm. Wires Jan. 37, 2026 SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named PERTAM01_0823 POWER OF ATTORNEY SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK KNOW ALL MEN BY THESE PRESENTS: Than SiriusPer.t Anwrica Insurance Company, a New York corporation, having its principal office in the City of New York, pursuant to the following Resolution, which was adapted by the Board of Directors of the Company, to wit: RESOLVED, (hill the ?.,ideal, Senior Vice President, Chief Financial Officer, Secretary or Asafslanl Secretary is hereby authorized btu execute Powers of Attomey appointing as a[am eys-in-fact selected e,nployms of certain surety companies who shall have the power for and on bell al forthe Company to exec de and affix the seal of the Company to surely contracts as co -surety. Does hereby nominate, constitute and appoint: Albert Mciendez, Christina Rogers, Enk Johansson, Jennifer Anaya, Joaquin Perez, Melissa Lopez Its we and lawful attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed; any and all bonds, contracts, agreements of indemnity, and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee bonds) and to bind the Company thereby as fully and to the cant...mal as if same were signed by the duly authorized officers of the Company, provided, however, that the penal tom of any one such instrument executed hereunder shall not exceed the stint of S50,000,000 single bond limit All acts of said attorneys -in -fact pursuant 0 the sutlmriams herein given are hereby ratified and confirmed. The executive off clus listed above in Ilea Resolution may team lime to time and at any lime remove any such appointee and revoke the power given to him or her The execution of such hoods or undertakings in pursuance of these presents, within oat year of Ole date of issue of these presents, shall be, binding upon said Company, 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 Company at its office in New York, New York, in their own proper persons. IN WITNESS WHEREOF. SirinsPoint America Insurance Company has caused its captains seal to be hereunto affixed, and these presents to be signed by its Secretary this I lth day of August in the year 2021 Miefis.Pfoi/n�t America) 9 )'f Party By: v�r Melissa .Ralph_ Swremry Slate of Nam Jersey ) County of Manmwnh ) On this IT° day of Auld 2023, before are, a Notary Public of the State of New Jersey in and for the County of Monmouth duly commissioned and qualified, came Melissa J. Ralph, Secretary, ofSiriusPoinl America Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instmmenl, and scknowadgeA the execution of the same, and, being by me duly somm, deposeth and said, that she is the officer ofthe Company aforesaid, and that the seal affixed to the preceding instrument as the emporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by flue authority and direction of the said Company, rehrred to in the preceding inswment, is now in force. IN TESTIh IONY \VH EREOP, I have hereunto set my hand and affixed at, official seal. :TNAEJA E LEWIS-SCOTTWNOTARY PUBLIC platy PubSTATE OF NEW JERSEY My Co ion expires COMMISSION EXPIRES MARCH 31.2028 L' a , is t r r y0z4 State ofNmv Jersey COMMISSION.D50 54 1 County of Mosmanth I, Melissa 1. Ralph, Secretary, ofSidasPunl America Insurance Company, a Net,, Vatic corporation, do hereby certify that the above and foregoing is a full, tram correct copy of Power of Attorney, is still in force and effect and has not been revoked. IN Wl r.VESS 11'HEREOP, I have hereunto set my hand aad affixed the seal of said Company this 14th day or ,March, 2024. CAIN°' ?(.,f(IQ'AEI (Ca'•.�� Se elal. Ralph =3; SEAL Se reran' a�'i 1979 , a= A..�►APPLIED USURETY NDERWRITERS 10805 Old Mill Road Omaha, NE 68154 September 6, 2023 Bond Obligees Project Owners General Contractors RE: Digital Seal Authority and Enforceability Notice To whom it may concern: The use of an electronic image of the corporate seal of Siriuspoint America Insurance Company (the "Digital Seal"). and the attachment of the Digital Seal to any surety bond issued by Siriuspoint America Insurance Company is authorized bythe company. Siriuspoint America Insurance Company acknowledge and agree that the Digital Seal may be affixed to any authorized Surety bond approved by Applied Surety Underwriters, and relied upon to the same extent as if a raised corporate seal was attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature. If you require further verification you may email our Home Office Underwriting Center at infot?D surety.auw.com In Witness Whereof, this has been executed bythe President, Applied Surety Underwriters for Siriuspoint America Insurance Company. Thank you for your continued business. Sincerely, Joshua C. Betz President, Applied Surety Underwriters 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 minority employees within the company. FIRM ONYX PAVING COMPANY. INC. TITLE OF OFFICER SIGNING SIGNATURE C% DATE 3/14/2024 COREY R. KIRSCHNER - CEO, PRIES, VP, SEC, TREA. Please include any additional information available regarding equal opportunity employment programs now in effect within your company: PLEASE SEE ATTACHED REFERENCES 42 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 _V, proposed subcontractor , hereby certifies that he has VL, 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 V , 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. ONYX PAVING COMPANY, INC. (COMPANY) BY: COREY R. KIRSCHNER - CEO PRES VP SEC TREA. (TITLE) DATE: MARCH 14TH , 20 24 . 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. 43 NON -COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: I am the CEO, PRES, VP, SEC, TREA. of ONYX PAVNG CCOMPANYINC. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3/14/2024 [date], at ANAH IM [city], CA [state]. ONYX PAVING COMPANY, INC COREY R. KIRSCHNER - CEO PRIES. VP SEC TREA. Business Name Signature of Bidder (must be notarized) 2890 E. LA CRESTA AVE. ANAHEIM CA 92806 Business Address Attach Notary Acknowledgement Form to this form when submitting ***SEE ATTACHED NOTARY ACKNOWLEDGEMENT*** 44 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 14 2024 before me, Carly Bredal. Notary Public Date Here Insert Name and Title of the Officer personally appeared Namex of who proved to me on the basis of satisfactory evidence to be the person(o whose name(O is/axe subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ies), and that by his/har/their signature(o on the instrument the person($), or the entity upon behalf of which the person(a) acted, executed the instrument. NCA?LY BREDAL otary Public - California Orange County Commission a 2442559 a1'• -:mr.. ExRi•es afar 28, 2027 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 144 A140V ignature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'a0Y 'aS'✓S'v6�✓G\mG\�i\. �a 'd�.d .•y .d .t/ .✓ -a 'e, 'p 'v 'v '✓ 'a' 'd '✓ 'y 'a- �N. d4\a5\dG`.G'a�fdG\ �S\ REFERENCES PROJECT NAME: CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: FEB 2022 - NOV 2022 CONSULTING COMPANY: CITY OF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 CONTACT PERSON: SCOTT FISHER 760.814.7226 ORIGINAL CONTRACT AMOUNT: $1,595,000.00 FINAL CONTRACT AMOUNT: $1,314,878.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PALISADES PAVEMENT REPAIR, CC-07 PROJECT DESCRIPTION: PAVEMENT REPAIR APPROXIMATE CONSTRUCTION DATES: SEP 2022 AGENCY: CITY OF LAGUNA NIGUEL - 30111 CROWN VALLEY PARKWAY, LAGUNA NIGUEL, CA 92677 CONTACT PERSON: JEFF METZ 949-362.4344 ORIGINAL CONTRACT AMOUNT: $292,000.00 FINAL CONTRACT AMOUNT: $199,999.65 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 2021-2022 PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: VARIOUS PAVEMENT REHABILITATION & CONCRETE IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: NOV 2022 - MARCH 2O23 AGENCY: CITY OF ARCADIA -240 W. HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PERSON: JAN BALANAY 626.254-2726 ORIGINAL CONTRACT AMOUNT: $1,727,000.00 FINAL CONTRACT AMOUNT: $1,899,698.72 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: AGENCY HAD ADDITIONAL SCOPES OF WORK DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806-TEL (714) 632.6699 -FAX (714) 632.1883 PROJECT NAME: 2020 RESIDENTIAL STREET REHABILITATION PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: IULY 2D21 - NOV 2021 AGENCY: CITY OF SOUTH EL MONTE - 1415 SANTA ANITA AVE, SOUTH EL MONTE, CA 91733 CONTACT PERSON: OKAN DEMIRCI.714.319.6137 ORIGINAL CONTRACTAMOUNT: $614,000.00 FINAL CONTRACT AMOUNT: $706,01OA3 IF FINALAMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: SCOPES Of WORK ADDED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: RESIDENTIAL STREET PAVEMENT REHABILITATION PROJECT, AREA 8 PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: IULY 2022 - OCT 2022 AGENCY: CITYOF DOWNEY- 11111 BROOKSHIRE AVE, DOWNEY, CA 90241 CONTACT PERSON: BRIAN ALENAN 562.904.7110 ORIGINAL CONTRACTAMOUNT: $3,227,000.00 FINAL CONTRACT AMOUNT: $3,553,442.43 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECTNAME: SOBOBA STREET RESURFACING PROJECT PROJECT DESCRIPTION: STREET REHABIILITATION AND RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: AUG 2022- OCT 2022 AGENCY: RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT- 3525 14TH STREET, RIVERSIDE, CA 92507 CONTACT PERSON: TRAI NGUYEN 951.961.5363 ORIGINAL CONTRACT AMOUNT: $ 1,272,000.00 FINAL CONTRACT AMOUNT: $1,160,284.10 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOL9%Y PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632-1883 PROJECT NAME: 2019/20 ARTERIAL AND MINOR STREETS MAINTENANCE PHASE 2 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: DEC 2021- NOV 2022 AGENCY: CITY OF RIVERSIDE - 3900 MAIN ST, RIVERSIDE, CA 92501 CONTACT PERSON: STEVEN HOWARD 951.826.5311 ORIGINAL CONTRACT AMOUNT: $4,585,000,00 FINAL CONTRACT AMOUNT: $4,558,151.40 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: FY 2021.22 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT DESCRIPTION: VARIOUS STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JUNE 2022 - SEP 2022 AGENCY. CITY OF TUSTIN - 300 CENTENNIAL WAY, TUSTIN, CA 92780 CONTACT PERSON: JOANN WU 714.573.3157 ORIGINAL CONTRACT AMOUNT: $2,442,000.00 FINAL CONTRACTAMOUNT: $2,413,734.93 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINALAMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM DID SCHEDULE QUANTITIES. DID THE AGENCY FILE ANY CLAIMSAGAINSTYOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632.6699 - FAX (714) 632.1883 LARGE PROJECT REFERENCES PROJECT NAME: CULVER DRIVE IMPROVEMENTS FROM WALNUT AVENUE TO 1-5 FREEWAY PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: SEPT 2022 -JAN 2023 CONSULTING COMPANY: CITY OF IRVINE - 6427 OAK CANYON, IRVINE, CA 92618 CONTACT PERSON: FARHAD BOLOURCHI 949-724-6689 ORIGINAL CONTRACT AMOUNT: $1,677,000.00 FINAL CONTRACT AMOUNT: $1,704,308.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILEANY CLAIMS AGAINST YOU? NO PROJECT NAME: PHASING 6A - RESIDENTIAL STREET REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMETNS APPROXIMATE CONSTRUCTION DATES: CONSULTING COMPANY: CITY OF LA MIRADA - 15515 PHOEBE AVE, LA MIRADA, CA 90638 CONTACT PERSON: ERIC VILLAGRACIA 562.902.2373 ORIGINAL CONTRACT AMOUNT: $4,242,000.00 FINAL CONTRACT AMOUNT: $4,524,646.67 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: SCOPES OF WORK CHANGED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: ROCHESTER AVENUE PAVEMENT REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: MARCH 2O22•AUG 2022 AGENCY: CITYOF RANCHO CUCAMONGA - 10500 CIVIC CENTER DRIVE, RANCH CUCAMONGA, CA 91730 CONTACT PERSON: ROMEO DAVID 909.774.4070 ORIGINAL CONTRACT AMOUNT. $1,727,000.00 FINAL CONTRACT AMOUNT: $1,714,733.75 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632.1883 REFERENCES GENERAL CONTRACTORS• JOBS PERFORMED• LOCATION• AMOUNT Fullmer Construction Centerpointe Moreno Valley $3,187,914.00 1725 5, Grove Ave. Sycamore Bus, Park Riverside $999,708.00 Ontario, CA 91761 Hlllwood Hofer Ranch Ontario $603,600,00 Ph:909-947.9467 Interchange A-E San Bernardino $1,288,615.00 Fax: 909.947.2970 San Michelle Logistics Moreno Valley $670,674.00 Contact: Casey tones Terra Francesco Ontario $524,216.00 KCS West, Inc. BP Refinery Maintenance Shop Carson $896,357.00 901 Corporate Ctr, Dr, 31a fir Monterey Park, CA 9174 Ph:323.269.0020 Fx: 323.263.4576 Contact: Matthew Vawter GMC Engineering, Inc. Edison Romoland $1,623,480,00 1401 Warner Ave Tustln, CA 92780 Ph:760.744.133 Fx: 714-247.1041 Contact: Gennady Lusardl Construction FEDEX - Clay Mesa San Diego $1,335,530.00 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 San Marcos, CA 92064 Edge at Campus EI Segundo $541,385.00 Ph:760-744.3133 Carmax Oxnard $606,443.00 Fax:760-744-9064 Seabridge Oxnard $329,460.00 Contact Scott Staley ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA92806 -TEL (714) 632.6699- FAX (714) 632.1883 Haagen Company, LLC 12302 Exposition Blvd Los Angeles, CA 90064 Ph:310.820.1200 Fx: 310.820.1225 Contact: Chris Fahey ARCO National Construction Co. 900 N. Rock Hill Rd St. Louis, MO63119 Ph: 314.963.0715 Fx:314.963.7114 Contact: Chris Wilson Grant General Contractors 5051 Avenida Encinas Carlsbad, CA 92008 Ph:760.438.7500 Fx;760-438.3056 Contact: Pete Burrows Empire Polo Club Indio $1,036,745.00 Scannell FEDEX Burbank $1,125,958.00 Whittier Area Community Whittier $625,920.00 Church Crevier BMW Santa Ana $30,600.00 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632.6699 - FAX (714) 692-1883 ASPHALT RUBBER HOT MIX REFERENCES: GENERAL CONTRACTORS: JOBS PERFORMED• LOCATION• AMOUNT GMC ENGINEERING, INC. Katella Ave. St. Improv Los Alamitos $120,000.00 1401 Warner Ave, Ste B. Various Projects Tustin, CA 92780 Ph: 714-247.1040 Fx: 714.247.1041 Contact: GennadV Chl:lk R.D OLSON CONSTRUCITON, INC, Lido House Hotel Newport Beach $193,105,00 2955 Main Street, 314 Floor Irvine, CA92614 Ph:949.474.2001 Fx: 949.474.1534 Contact: Jeremy Dunn IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT COREY KIRSCHNER AT 714.632.6699 OR VIA EMAIL AT COREY@ONYXPAVING.NET ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632-1883 ONYX PAVING COMPANY, INC 2890 E. LA CRESTA AVE ANAHEIM, CA 92806 PHONE: (714)632.6699 FAX: (7141632.1883 PRESIDENT: COREY R. KIRSCHNER BANK: BANKOFTHEWEST DATE ESTABLISHED 1/4/90 CORP. TAX 10,1133.0394344 TYPE OF WORK - ASPHALT PAVING CONTRACTORS LIC. It 630360-A INSURANCE AGENT: WOOD GUTMANN & BOGART 14029 SPRfNGWATER LN, EASTVALE, CA 92880 4501 E, LA PALMA AVENUE, ANAHEIM, CA 92807 PHONE: (714) 777.9620 BRYAN PLOESSEL 15901 RED HILL AVE., STE, 100, TUSTI N, CA 92780 PHONE: (714) 824.8384 MICHAEL TRAN SURETYAGENT: TURNER SURETY AND INSURANCE BROKERAGE, INC. 5 HUTTON CENTRE, STE.730, SANTAANA, CA 92707 PHONE: (714) 915.4032 JEREMY PENDERGAST CREDIT REFERENCES: MATICH CORP. P.O. BOX 10, HIGHLAND, CA 92346 (909) 382.7400 Steve Matich ALL AMERICAN P,O, BOX 2229, CORONA, CA 92878 (951) 736.7600 Carl KELTERITE CORP, 12231 PANGBORN AVE.00WNEY, CA (562) 401.0011 Gladys VULCAN MATERIALS CO. 16013 E. FOOTHILL BLVD, IRWINDALE, CA 91702 (858) 530.9414 Debbie GENERAL CONTRACTOR REFERFNCE$: FULLMER CONSTRUCTION 2725 S. GROVE AVE., ONTARIO, CA 91761 1909)947.9467Caseylones BYROM-DAVEY, INC. 13220 EVENING CREEK DR. SOUTH 0103, SAN DIEGO (858) 513-7199 Steve Davey PACIFIC CONST. GROUP 17895 SKY PARK CIR., IRVINE, CA 92614 (949) 748.1500 Mark Bundy ERICKSON-HALL CONST. CO. 50000RPORATE DR., ESCONDIDO, CA92069 (760) 796-7700 Justin Sinnott ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632.6699 — FAX (714) 632.1883 ERICKSON-HALL CONST. CO. 500 CORPORATE DR., ESCONDIDO, CA 92069 (760) 796-7700 Justin Sinnott RESUME Corey Kirschner has over 20 years of experience both as an estimator and CEO. Corey is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEO and President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollars in the previous year. Jay Kirschner, Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilizations for all projects. Tyler Henry, Field Superintendent, serves as the core of all field related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing all of our Public Works projects. Overseeing the on -site laborers, cement masons, and operating engineers is one of his many responsibilities. BACKLOG ALLOCATION: Corey Kirschner, Jay Kirschner, and Tyler Henry oversee 100% of all current project in attached backlog. ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 C1 ent Senior Project Manager 9=9 Field Superintendent Key Individual Responsibilities: Corey Kirschner - Manage overall operations and resources of company - Decision maker of corporation Jackson Hulse - Lead project management team with organization - Overseeing overall project scheduling, budgeting, and dispatching on all projects - Main point of communications between company and agencies Tyler Henry - Lead and manage on -site labors and operators - Coordinate daily operations and project production - Ensuring project quality expectations are met ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 C!C 3 STATE LICENSE BOARD ACTIVE LICENSE. - ......630360 �.,CORP .w ONYX PAVING COMPANY INC ..,,...:.....A C12 A&L I slim 'm ..,....�.. I0i3112025 www csto ca aov WO d r Deparlment of Industrial Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Public Works Period: 07/01/2023 06/30/2024 Contractor Information Contractor Name: ONYX PAVING COMPANY, INC. Trade Name: License Type Number: 1000004798 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 2890 E. LA CRESTA AVENUE Contractor Mailing Address Mailing Country: United States of America Mailing Address: 2890 E. LA CRESTA AVENUE Contact Info Daytime Phone: Mobile Phone: Physical Business City/ ANAHEIM Province: Physical Business State: CA Physical Business Postal 92806 Code: Mailing City/Province: ANAHEIM Mailing State: CA Mailing Postal Code: 92806 Daytime Phone Ext.: Business Email: davidw@onyxpaving.com Applicant's Email: davidw@onyxpaving.net Registration Services:: Page 1 of 2 6/27/2023 10:06:22 AM Workers' Compensation Professional Employer Organization (PEO) Do you lease employees through Professional Employer Organization? No Workers' Compensation Overview Carrier: ZURICH AMERICAN INSURANCE COMPANY Policyholder Name: Onyx Paving Company Inc Policy Number: WC106300504 Certification Inception Date: 10/01/2022 Expiration Date: October 12, 2023 Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes I certify that one of the following is true: (1) 1 am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized I, David Wiltfong, the undersigned, am , ONYX PAVING COMPANY, INC. with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled. I certify this on: 10:00 AM Legal Entity Information Legal Entity Type: Corporation Name: ONYX PAVING COMPANY, INC. Registration Services:: Page 2 of 2 ONYX PAVING COMPANY, INC. Uceose N 630360 -D1R N 10000047PB UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ONMAMO COMPANY, INC, (a California corporation) October 28, 2020 The undersigned director, constituting the satire board of directors (the "Board') of Onyx Paving Company, Inc., a California corporation (the "Corporndon'), hereby takes the following actions, adopts the following rosolutions, and transacts the following business, by written consent without a meeting, as of the date above written, pursuant to Section 307(b) of the General Corporation, Law of the State of California and the Corporation's Bylaws: Aooroval of Loan Xcansacagn WHEREAS, Corey Kirschner is currently the Corporation's ChlefBxecutho 06f1coy, and Chief Financial Offioor (the"01fleer") with authority to outer into contracts on behalf ofthe Corporation. WHEREAS, the Corporation opportunities from time to time to bid on Various governmental and non•govornmental projects; WHEREAS, otter careful consideration, the Board has dew messed that the tenns and conditions od the proposed project in the form of the bid attachcd hereto as ExIbit A (the "Protect) are Jpst and equitable and fair as to the Corporation and that it is in Use best Interests of the Corporation and its stockholder to submit the bid and complete the Project subject to the temns agrerid upon by the patties. NOW, TH RPFORB,BE IT RESOLVED, the Board on beWofthe Corporation hereby approves and ratifies the Project in all respects, and horoby a4odze and directthe Corporation to negotiate, execute, deliver and perform the temrs ofa8 doovmWs, required in connection with the Project, together with such changes thereto as may be epproved by the Officer executing tho same on behalf of the Corporation (prusuant to the authorization provided herein), such approval of the Olklicer to be eonolusively evidended by its exeoution and delivery of same. RESOLVED N'bRTHER, that the Officer may execute and deliver any and all agreements and any and all other documents and inshuments, and take such further actions as may be necessary or appropriate, for the financing of the Corporation, RESOLVED FURTICER, that the Officer is hereby authorized, directed, and empowered to execute and deliver any end all agreements and any and all other documents and instruments, and take such fudher actions as may be necessary or appropriate, for the consummation of the Project. 2890 East La Crosta Ave, Anaheim, CA 92806 -PH: (114) 612.6699 - FX (714) 631,1883 RESOLVED FURTBER, that the Officer, In the name of tla Corporation, Is hereby authorized, directed, and e4owered to nogotiate, execute and dclivu to tho'9pplicablo counter party, apy and all documents vAth respect to the Project and other W.hVnents as may be reasonably requested, and the 001oor oil behalf of the Corporation Is atdttorized kern time to time to exooute renewals or "nsions or othor inshruhente as may bonecrasaiy. RESOLVLU paTEitR, that the authority given herecader eatl be deemed retroactive and any and aA acts authorized hererwder performed prior to the.passage of this resolution ere heroby ratified attd d mred. The Secretary of the gorporation is directed to file the original executed copy ofthis Coaseat with the minutes ofproceedtngs of the Corporation. [Signature gaga follows] ONU FAVING7 COMANY, INC. Woaeaa N 630360 —DIR N 1000004798 IN WITNESS MREOF, the unders4ued has exeouted this Ueaniimoau Written Consemt of the Board of Directors as ofthe date fiat above w0ea. lop Corey ISirsohnor .r, Request for Taxpayer I alsa Form to the IdentlfloatlonNumber and CertlHcatlon rsquestenOonot send to the III& 1 ChraxaPproDrab 6na torfedeallexeeseaCa(Pno/NeDemmwhaeananNh m'ertdontm 1. dhroaeey rnrvm• <ablpenkb,Min wdgiaa mom eavanhox.e y4yMmAleap.aedy hdWdwlkaEpnpNWra [IOCarPonlbe 000WPPrae0n ❑ PAWMhp ❑rnMdea dogle•mambuL- LO penOtpYacad.Nagl.l� [) ddtedlA4lhroelapaa'. 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LKa �OQN{� pap+yt,lA NUD:CE Mrt A B qy lLplOr1APLLN�Ai19 IArNDNUKNM1S YIN + !ay nN RFQlN0I 01J. 1 p buy NIA KCiLbpOp04+ M90D Imam J( ELNGN LMl - 1pdD ELPMM- 1 0 Oro LDpO B. 0 f I DdICPoeTOHOP�4vL�Rr�WHaiLOCA1pN9146e1t1[11aCCR0101,KMhnd R.¢+M+eoRlayY, �i ++ro<hEllmrnuluLnµ+O woyl ate holAs fs/era na ofedQO (Insured perT6 d0adwdendonemetNfDfrevredb/wAttenOaNrlditSvct b Ole N1rmA omdItIom of the Paley, Addry o�ro°do'a�r0�dn�a°i�OIL WON of9°°1�ipp�ppa.ps�Lf°QE#aCO2QIOD4 Ad muor�cafzoEloaia O F11ed1la FomTEC�(L 8870120088100419 oH0UL0AHY OP1Hry1BOlR0WMISID POUCIIS 09CAN04LL60 DUORE THE E)IPEUTION DAV THEREOF, NOTICE WILL BE OELIYEAEO IN 0haEe-YAIna ACPORBANCIRWRHTNEPOOPROWION& 2E(nCa A'JrsC.mR01UPA sM, )u Anaheim CA 02800 ACORD 26(2014/01) The AcoRD nalReand logo ale I state of callfornta Secretary of State Statement of Information *6olIc $look and Aorfoultural Cooperative, Corporations) FEES (Filing and Dlsolasurs):11211,00. If thin Is an amandmant, sea inalruotiona. ONYX PAVING COMPANY, INC. WWII G018477 FILE® In the oHlceof the 8ecratary of @tale oItha @hle o1 CeNfornla 90T.91 go18 INe S»ea rerrma Ulf ow NO Channotillaloment lWolappigofog 'onteddresa ofreaord laep.O. Box address. s8 slyuetn taryt 4hersave boon apyo angpfot s nformat ncontained %d with h of state, erhostatement of lnfonnallon has been previouslyNad, this form mUdt beo6polatod In fit Fmtrely. If alra has boon no change lneny of the fnformadoh Contained in the lest Ittallmod of hDanatkn %$with the California SMIRry of Slate, ohook ilia boxOprooeed to Item 17. om tat AddnsesafoNhe Followin 0! tPbbraUalo the Mme orthe dly, IWms41ld5w2oab6P•O•B0xu. . 4, a7KrlYA0"a9S0FPRIMC{{FPEo &{NaOFFllk 61TY STATE ZIP CODE WOE.UCIiESTAA 2, ANAHEIM CA92806 e. EINESTADDR 80FPRWCIIppALOL(M KIOEIkGALIFORNIAIFANY ttY QTATa ZIPCODE 281 E. IACRFr�3TAAV6.,AMR16OM. OA92808 d IMAMAOCIRROOF0QRPOAATWnIFDfffa(ENITHANITeAI4 CITY STATE ZVQ0DS neaO114eBdmIola Aagrp oMcer eliowawr.le = a0. r0ladllAemm@sr9a1NelCleO7IepdIX.aMn KO41 a81p18HBNBe eeceft R'fempefgal9 ona TPr ma ePaaino 7. OIDBPWGV?Naoff4CER7 /Oottm Dill WAYS RP CODE CQRW'IQR1SCHNER 2090 E.LACRESTAAVE. ANAHEIM CAN" 0. AACRETAFTY AOINISIS -CITY BTATE MOODS CUREYIOROCNHER 2880E.EACHOSTAAVE.,ANAHEIM,CA92808 e. CHEPFINNICNLOIAClA ADDRESS OTY OYAT! STPCODE CGREY 19AWKER 2800E. EA CROSTAAVE., ANAHEIM, CA 92808 Names an ComppNle dredaoa of AIICIiectae, IncludlR13 Dlrectots Who ors Aao Chaeora (Ihe c«PareYgn magi have at Is dolor. ANahaddBmdaaaea,NneceNaN•) 0 41AAUfi 1�TM —­ "Roo•9YATE 3NCOOE CIG66Y RSCHNER 28900. LACRESTAAVE. HEIM CA 02808' It. NAV41 ADDRESS .CITY STATE DPCODS 12 Me ADORe98 CITY STATE APOODE 17. Nvwe OP VA 01190N7H660Ag001 DIRE If ANY: AAOaent for @11V106o1Pfecpa Ifilis giant is an lnaddust the egontma8troddsFOCell"a motion laiwel be caWalod Win a California skeet a4dreae, a P.U. ooz eddrees N nN elceytabe• lithe sign li another oapxttkn, Iho spent rtuA tare m no W(h the Cak7oMe Secrolsry of stale A .Carmen varentto0 aC' reIRNN Cods sealer Im'j IS, ldmodba lea bank It tW90FAOlHTFOREENMGNOFFROCES9 00RfiY KRSCHNER is. 8TAETTFADDRl1aOFAOENTFORpNVICEOFPROCESBWCAIIFORNIA,IPANINCIVIWAL CITY STATE - ZIP CODE 2800 E. LACRESYAAVE•, ANAHEIM, CA 02808 acqtx u66einsaiTbY!(77gpp��pIWWtltl A90HIV,TPAVINO�ERVICE8 9o7 tnec0RPoannoN 17. BY eU81•ITnNO THIS 5TAIV49NT OP WFORVATION TO THE CALIFORNIA SECRETARY OF STAYS, THE CONORITION CERTIFIES THE INFORMATION CONTAINS) HSAEW;INCWDINOAWATTACHdENT8,18TRUgMDCORREOT. 101014010 AFSHIN WIM A7 roRN,E,Yy--- DA! Of PlR80NCOYPLEYINa fORU , rnaa � I SIaeO NaV01a01s1 e80 0 lPPROYEDEYSECRETARYOFBTATe state of California Secretary of state Statement of Information testIc Stock and Agricultural Cooperative Corporations) FEES (Filing and Dlealoaure): $26,00. If this Is an smanQmente eaO Instrucliona. ONYX FAYINO COMPANY, INC. GIM076 0808167 FILED In the office of tiro aecrotary of State of the staff of Californla JAN-03 2020 The speaa far Poe➢ UH Or➢7 a IStaleMon! Nota hNbie' a entIddreasofraeordleaP.O.Doxeddrias.6eelrohuotlors.heve eenanyo ri0 ee I f nomta on conyfnetl n f at temepl !melon file a ohorms sere rye, Or no i tatementof�pformation brie been pnYi9ualy 1l)ed, lhIsfirm must bt tomplehdin Its anllraty.thare bfftaeh he chfrw lR fnyofthe informaWn C6ntetnedIn the lsetStelement of BLOrmadm Medy4th theCelfornteewelery f8lste, chedt as boA(nd proceed to Item 1Y. Addnuas for the o"-"'n fk rid eDlHadste lM neme of thed . Ileme4sod6T6usotbeP.O. Boxes. a. 61REUADDRESSOPPRWOIPALVECUrIVEOFFICa Cf1Y STATE LPOODE e. S7AE6TADDRF9SOFPRNC(PAr.BUSINESSOFRCEINCILIFORNh41FANY CIT! STATE LPCODE A ➢L"ADDAea30FOORFORk[ION,F01FP tNTTHANnnae CITY STATE MODE NdliillaOaCaiPyylateA'tkaiiaeotlhopoliowtnngg fRce(e4(rhieepge6mmueu9(@eo➢Uwea' 'ro.Atom eildeor eeP606' olM,erMa bia0dai'IianeveT Uro d IedllneeOn lAatomT mliStlxrtba Nlerea) 7, CH16FRUOVIMOUJOIRI - ADDRESS cv. STATE VOODE 6, SAM MY ADDRESS OIfY BTATR'. WOODS R. Cf*FRN*OWLOFFICEP/ ADDRESS City STATE i1P000S Nam9BendCompp(ReAddreeehao/AllDlreclore,Inoluing Mroclofs WhoAre Alai OR•kere (The wpOdeonmot have atleast ono' dtrecbr. AaaNl addNaai ulfneueaa . 10. NANO ADDRESS ,r',gY STATE ZIPCO09 11. NAMa AOORBSS c" STATE MOODS 72 NAME ADDRESS -- _ T>nY SrAT6 LPCODE 13.—NUMbERCFVACAWOOOSTEBOAROOP&REOTOR8,IFAW- .01PIODS4111 If This BOOM Iafn lndMduOl thaa0a01 mmt reside In Celfomra and him lA most to ooW,TlaladWlh a 081Mls tlreat edariu, a P.O. Box at mu b not ecgplable. 111he ega d N snolher eoroorellm, the a�enl mua M1eve on fibsNlh the CeINaMa 6euetery of Stalo a unMtnN rltb Ci'fo6iaC' tloaaCodeae'on INS and 1148116 mlNtbe k66 nk 1e. HAkeOPAOENT FOR 41AVIOE0F. PAOOE88 15. 6TRMTAObRB6SOPAGMTfOR6ERA090FPROCE611NCAUFORN10.1PAMINOMOUAL CITY aTATF LP CODE 00 W Oe la. DE6Cf110ETHUYVF90FSUSNY660F THe CCRPORAnON 17. BY BUSMilTINO TNIS STATEMENT OF INFORMATION TO THE CALVORMA 6EORRTARY OR STATE, THE COArORiVON CERtfIEe THa INFORMATION CONTAMe0H6RE1N,INGLUIN60ANY ATPACHNEMS,16 TRUE AND CORRECT. 0 iON020 ANABARDRARAYPON . OFFICE MANAOER10ONTROLLER DATE ro 0 A I NT?aV9 0 F MIO.N0OMPLETIN0 rORH 61OuATVAE es2w(RWOVf01 APPROMS.eY EORETAAYOP TA T 1^ _ „1 0 'ifc 1 e '. '� a Egg-.0 :_'�