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HomeMy WebLinkAboutCO 2025-037 - American Asphalt South, Inc City of Rancho Cucamonga ; CONTRACT NUMBER FF L,--- PC 1-D25 -O3-7 CITY OF RANCHO CUCAMONGA CI'TYCI.ERK RANCHO CUCAMONGA CONTRACT FY 24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT ' Awarded: Wednesday, April 16, 2025 PROJECT FILE: 800-2025-02 CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA NOTICE INVITING BIDS FOR PROPOSAL, CONTRACT AND SPECIFICATIONS FOR FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT PREPARED BY: VISHAL LAD CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 (909)477-2740 Digitally signed by p,Jason Welday V j`Date:2025.03.13 08:02:40-OT00' JASON C.WELDAY DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER RCE NO. 67514 Ila QROf ESS�p � o � No. 67514 a CIV q OF CA►.\F � TABLE OF CONTENTS NoticeInviting Bids ............................................................................................................... N-1 Instructionsto Bidders ..........................................................................................................1-1 A. Proposals B. Delivery of Proposals C. Withdrawal of Proposals D. Disqualification of Bidders and Proposals E. Signature of Contractor F. Bid Bond G. Addendum H. Examination of Plans, Specifications, and Site of Work I. Estimated Quantities J. Competency of Bidder K. Award and Execution of Contract L. Return of Proposal Guarantee M. City Business License N. Equivalent Materials Bid Documents to Submit for Proposals Proposal ................................................................................................................................P-1 Schedule of Unit Cost and Lump Sum Amounts Bidder Agreement Bidder Information Subcontractors Declaration of Eligibility to Contract Certificate of Non-Discrimination by Contractors Non-Collusion Declaration Bid Bonds ContractAgreement ......................................................................................................... C-1 FaithfulPerformance Bond.................................................................................................B-1 Labor and Materials Bond...................................................................................................B-2 Compensation Insurance Certificate............................................................................... INS-1 Maintenance Guarantee Bond.........................................................................................MB-1 Table of Contents SPECIAL PROVISIONS SPECIFICATIONS—Governed by"Green Book" Standard Specifications AMENDMENTS to "Green Book" Standard Specifications PART 1 -GENERAL PROVISIONS Section 1 - General, Terms, Definitions, Abbreviations, Units of Measure and Symbol....GP-1 Section 2 - Scope of the Work.........................................................................................GP-2 Section3 - Changes in Work...........................................................................................GP-3 Section 4 - Control of Materials .......................................................................................GP-6 Section 5- Legal Relations and Responsibilities .............................................................GP-8 Section 6 - Prosecution and Progress of the Work ........................................................GP-16 Section 7— Measurement and Payment........................................................................GP-18 Section 8- Facilities for Agency Personnel....................................................................GP-20 PART 2 -CONSTRUCTION MATERIALS Section 200- Rock Materials 200-1 Rock Products .............................................................................................MA-1 Section 203—Bituminous Materials 203-17 Asphalt-Rubber Crack and Joint Sealant .....................................................MA-1 Section 214— Traffic Striping, Curb and Pavement Markings and Pavement Markers 214-1 General........................................................................................................MA-1 214-4 Paint for Striping and Markings....................................................................MA-1 214-5 Thermoplastic Material for Traffic Striping and Markings..............................MA-2 PART 3 -CONSTRUCTION METHODS Section 302-Roadway Surfacing 302-2 Chip Seal.....................................................................................................ME-1 302-4 Slurry Seal Surfacing ...................................................................................ME-1 302-17 Existing Asphalt Surface Preparation...........................................................ME-2 Section 314— Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-2 Removal of Traffic Striping and Curb and Pavement Markings ....................ME-5 314-3 Removal of Pavement Markers.................................................:..................ME-5 314-4 Application of Traffic Striping and Curb and Pavement Markings.................ME-6 314-5 Pavement Markers.......................................................................................ME-7 314-6 Measurement and Payment.............................................................I............ME-7 PART 6—TEMPORARY TRAFFIC CONTROL Section 601 - Temporary Traffic Control for Construction and Maintenance Work Zones 601-1 General........................................................................................................CM-1 Table of Contents APPENDICES 1. City Working Days Calendar 2. Location Maps A. Local Slurry Location Maps B. Local Slurry List of Streets C. Local Slurry Pavement Rehabilitation Details 3. Permits A. Application for Construction Permits B. Temporary Street and Lane Closure Permit 4. Other A. Sweeping Log B. Trash Pick-up Map C. Advance Notice—Slurry NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, April 01, 2025, sealed bids or proposals for the "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" in said City. The scope of work to be performed consists of, but not limited to weed killing, routing and crack sealing, slurry seal, pavement markers and- thermoplastic striping. The contract documents call for forty (40) working days to complete this construction. Engineer's Estimate is $460,000. Bids will be publicly opened and read in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Sealed Bid for Construction of FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.htmi. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, 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 herein before stipulated for any work done under the attached contract, by him or by any subcontractor under N-1 him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the N-2 work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City.of Rancho Cucamonga.for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses; in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class"A" License(General Engineering Contractor)or Class Class "A" or "C12" License (Earthwork & Paving Contractor) in accordance with the provisions of the Contractor's License Law(California Business and Professions Code, Section 7000 et. seq.)and rules.and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.virtual-bid.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, hard copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.virtual-bid.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of N-3 -- each prospective bidder to register with www.virtual-bid.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.virtual-bid.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 7-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Sealed Bids for "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" shall be submitted five (5) days prior to bid opening and shall be directed to: Vishal Lad, Assistant Engineer 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909)477-2740, ext. 4066 ADVERTISE ON: March 18, 2025 and March 25, 2025 N-4 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted on the blank forms furnished herewith. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1. The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the"Total"column shall be the product of the unit price multiplied by the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set, forth as a unit price is ambiguous,unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the"Total" columns, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the"Total" column shall be the unit price. ` (2) As to unit basis items, the amount set forth in the"Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The bidder shall also set forth in both words and clearly legible figures the "Total Bid Amount' in the spaces provided at the bottom of the Bid Schedule. 2. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. 3. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work embraced in the contract, except that any designated"Specialty Items"may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. With the proposal, the Contractor shall list (a) the name, address, and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 1/2% of the total value of the contract or, in the case of bids or offers for the construction of streets or highways, including bridges, in -1 excess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00) whichever is greater, shall be listed. 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. 4. Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than (10%) of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. 5. The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item G, Addendum, for further information and instructions. 6. Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 7. Each bid shall be valid for no less than thirty(30)days after the opening of the proposals. 8. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. B. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION IN THE CITY OF RANCHO CUCAMONGA." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. C. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such request must be delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the "California Business and Professions Code," Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. 1-2 Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. SIGNATURE OF CONTRACTOR Corporation The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a Certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership The names of all persons comprising the partnership or copartnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venture. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. F. BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on the internet, and it shall be the bidder's responsibility to download and print each and every posted addendum and a signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents. Failure to do so may result in bid rejection. Said addendum shall be made part of 1-3 the contract. Any other interpretation or explanation of such documents will not be considered binding. The addendum can be found by going to www.virtual-bid.com, Member Login, then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the project of interest under the title and follow directions for download. H. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. I. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer. However,when the quantity shown in the Proposal has the designation (F)following the Bid Item in the Schedule of Unit Cost and Lump Sum amounts, that designation indicates the final pay quantity and/or costs and shall be the final quantity used for which payment will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated then the final pay quantity designated for the specific portion of the work will be eliminated. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and 1-4 the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final pay quantities shown on the plans. J. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information"form. K. AWARD AND EXECUTION OF CONTRACT Acceptance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. The City reserves the right to waive inconsequential errors and/or irregularities. Award of Contract The lowest responsive bidder will be calculated per Section 20103.8 (a) of the Public Contract Code as the lowest bid price on the base contract without consideration of additive (or deductive) items. The award of a contract, if it be awarded, will be to the above lowest responsive bidder. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.virtual-bid.com. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Class"A" or "C12" License (Earthwork & Paving Contractor) 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 at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. 1-5 Workers' Compensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act," stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this contract, and an agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents,within fifteen (15)days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15) days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder's security (cash, cashier's check, certified check, or bond) shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. Liquidated Damages and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of$3,600 per day for each and every calendar day's delay in finishing the work in excess of forty (40)working days. L. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of thirty (30) days from the date of award of contract. M. CITY BUSINESS LICENSE 1-6 Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. N. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-6 of the Standard Specifications for Public Works Construction. 1-7 BID DOCUMENTS TO SUBMIT FOR PROPOSAL Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. o Schedule of Unit Cost and Lump Sum Amounts o Bidder Agreement o Bidder Information o Subcontractor o Declaration of Eligibility to Contract o Certificate of Non-Discrimination by Contractors o Non-Collusion Declaration o Bid Bond Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. Bidder P-1 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT NO. 800-2025-02 Required Bid Proposal Forms PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" TO THE CITY OF RANCHO CUCAMONGA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans,Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal. BASE BID: Item Reference No. Description Specificati Qty. Unit Prime Price on 1. Mobilization (7-3) 1 LS )2,5w.00 /2►SDo-oo 2. Slurry Seal Type II, Emulsion (200,203, 155,000 SY /• 88 2-1I,qoo.oo Aggregate Slurry (EAS) 302) Removal of Existing Striping 3 and Pavement markers and Installation of Thermoplastic (214, 314) 1 LS 30,S'00,00 36,SOo-oo striping and pavement marker 4. Traffic Control (5-7, Part 6) 1 LS /5"000.00. /S,Ooo.00 TOTAL BASE BID AMOUNT IN NUMBERS:- Bidder P-2 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT NO. 800-2025-02 Required Bid Proposal Forms BIDDER AGREEMENT The undersigned also agrees as follows: FIRST: Within 15 calendar days from the receipt of the Notice of Award of Contract, to execute the contract, and to furnish to the City of Rancho Cucamonga, two (2) satisfactory bonds in the amounts specified in the Notice Inviting Bids guaranteeing the faithful performance of the work and payment of bills. SECOND: To begin work within ten (10) calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to complete it within forty (40)working days after such specified date. Accompanying this proposal is cash, a cashier's check, or a certified check of a bidder's bond for not less than 10% of the total amount of the bid payable to the City which is to be forfeited, as liquidated damages, if, in the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashiers'check, certified check, or bidders' bond is to be returned to the undersigned. Within 15 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidder's bond accompanying such proposal not considered in making the award. All other bidders' bonds will be held until the expiration of thirty (30) days from the date of the award of contract. They will then be returned to the respective bidders whose proposals they accompany. BIDDER: �iyl (oN�rJ— bird' �/2Yi�i� IMPORTANT NOTICE: If dder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; co-partnership, state true name of firm and names of all individual copartners composing firm; or an individual, state first and last names in full. "I declare under penalty of perjury of the laws of the State of California the representations made herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028.15." California State Contractors License Number Expiration Date Bid r P-3 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT No.800-2025-02 Required Bid Proposal Forms Bidder Agreement(continued) Si ature Name/Title Date Sign alame/Title Date Signature Name/Title Date Signature Name/Title Date Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City of Rancho Cucamonga prior to or at time of bid opening; otherwise the bid will be subject to rejection by the City of Rancho Cucamonga. Bidder P-4 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT NO. 800-2025-02 Required Bid Proposal Forms BIDDER INFORMATION The bidder shall furnish the following information. Additional sheets may be attached if necessary. Name of Firm: Type of Firm: X Corporation Individual Partnership Business Mailing Address: &6ry ,f Place of Business: Telephone No.: Contractor's License: State: License No.: Public Works DIR No.: Names and titles of all members of the firm: h- c'e ilo�l Number of years as a contractor in construction work of this type: Three projects of this type recently completed: Date Owner's Name & Contract Amount Type of Project Completed Address See Person who inspected site of the proposed work for your firm: Name: Date: Da NOTE: If requested by the City, the Bidder shall furnish a notarized financial statement, references,and other information,sufficiently comprehensive to permit an appraisal of his current financial condition. / Bidder P-5 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT No.800-2025-02 Required Bid Proposal Forms REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED COUNTY OF VENTURA PAVEMENT RESURFACING SANTA ROSA VALLEY $2,047,198.90 Jan-24 TERRY SMITH AREA; CONTRACT NO. RD24-01 (805)654-4789 CITY OF VENTURA PAVEMENT MAINTENANCE 2021/22; STREET $818,035.63 Jan-24 MARK GARCIA SLURRY SEAL SPEC NO. 2022-036 (805)658-4789 CITY OF ONTARIO 2023 STREET MAINTENANCE SLURRY SEAL, $1,581,917.07 Mar-24 YESANIA LOPEZ CAPE SEAL AND CDBG PAVEMENT MANAGEMENT (909)395-2103 REHABILITATION CITY OF TEMECULA CITYWIDE SLURRY SEAL PROGRAM FY 2022-23 $2,366,610.43 Mar-24 EMALEE SENA (951)506-5171 CITY OF EASTVALE 2023 RESIDENTIAL SLURRY SEAL PROJECT $2,885,903.52 Apr-24 JIMMY CHUNG (951)703-4492 CITY OF ARROYO GRANDE 2022 SLURRY SEAL PROOJECT $1,431,609.48 May-24 PAULHENDERSON (805)473-5466 CITY OF MISSION VIEJO 2023 RESIDENTIAL SLURRY $843,594.31 Apr-24 RICHARD SCHLESINGER (949)470-3079 CITY OF P.V. ESTATES FY 22/23 SLURRY SEAL PROJECT $541,875.78 Jan-24 MONICA PANGCO (951)475-3625 CITY OF PASO ROBLES EASTSIDE SLURRY SEAL ZONE F $166,005.00 Apr-24 DITAS ESPERANZA (805)237-3861 REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF HUNTINGTON BEACH ZONE 2 SLURRY SEAL PROJECT $879,600.00 Sep-24 DERRECK LIVERMORE (714)374-1732 CITY OF LAKE FOREST SLLURRY SEAL FOR NON ARTERIAL STREETS $1,172,943.15 May-24 TAYLOR ABERNATHY ZONE A AND LAKE FOREST SPORTS PARK (949)461-3400 CITY OF LA MESA 2023 SLURRY SEAL PROJECT VARIOUS $2,058,646.56 Jun-24 TRISTEN LEGER LOCATIONS; BID NO 24-10 (630)437-0484 TOWN OF YUCCA VALLEY 2024 TOWNWIDE CRACK FILL/SLURRY SEAU $1,790,364.23 Jul-24 ALEX QISHTA CAPE SEAL PROJECT (760)369-6579 CITY OF SAN JACINTO AD 2003-1; 2023 MAINTENANCE CYCLE $3,555,758.17 Jul-24 STUART MCKIBBIN (951)654-3592 CITY OF ARCADIA 2023/24 ANNUAL SLURRY SEAL PROJECT $1,183,595.09 Jul-24 JAN BALANAY (626)254-2726 - CITY OF POMONA STREET PRESERVATION CITYWIDE FY 23/24 $2,018,929.24 Jul-24 MICHAEL LEE PROJECT NO. 428-69720 (909)532-5061 CITY OF SAN FERNANDO FY 2023/24 PHASE 3 ANNUAL STREET $1,717,933.00 Sep-24 MANUEL FABIAN RESURFACING PROJECT (818)898-1243 CITY OF SANTA CLARITA 2022/23 ANNUAL SLURRY SEAL $753,092.17 Sep-24 RAMIRO FUENTES PROJECT NO. M0149SS (661)857-7211 SUBCONTRACTORS In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100, the undersigned bidder herewith sets forth the name, location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of onehalf of one percent(1/2%) of the general contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of onehalf of one percent (1/2%) of the general contractor's total bid or ten thousand dollars($10,000.00), whichever is greater and the portion of the work which will be done by each subcontractor as follows: Percent Subcontractor's Business License DIR Description of (%) of Total Name Address No No. Work Bid ? S 5T2=PtW-7 15-g4 S. ySiJ A avE 539W 10Wpob9a &&wc, 7.`�3 "OW.CA -117(o I /1F�CACL- S��zPt�c/G� Total % of the work to be performed by Subcontractors listed above: 7. 73 % Effective July 1, 2014,the bidder shall provide the California Contractor License Number of each subcontractor listed. New Section 4104 contains the following language: "An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor." Bidder P-6 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT NO. 800-2025-02 Required Bid Proposal Forms DECLARATION OF ELIGIBILITY TO CONTRACT (Labor Code Section 1777.1; Public Contract Code Section 6109) The undersigned contractor, certifies and declares that: 1. The undersigned 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 undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned 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 undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works 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. The undersigned declares under penalty of perjury under the laws of the State of California that tAe foregoing is true and correct. Executed this .21 day of March, 20A5- at KwerSt 6-e (place of execution), California. Signature ��,� Name: Title: AT4401 Company: // N yZW a .�� IMO? yI �flQ ��✓arJ��lr�l. Bidder P-7 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT No.800-2025-02 Required Bid Proposal Forms CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Rancho Cucamonga,the firm listed below certifies that it does not discriminate in its employment with regard to age, disability, race, color, religion, sex, sexual orientation 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 agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 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 firm. FIRM: TITLE OF PERSON SIGNING: /h'✓!�h� SIGNATURE: DATE:' 3'Z7- e25 Please include any additional information available regarding equal opportunity employment programs now in effect within your firm. Bidder P-8 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT No.800-2025-02 Required Bid Proposal Forms NON-COLLUSION DECLARATION The undersigned declares: I am the A';W1'1 of441Wa`10 f(/1����� • , 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 a7—.25 (date), at (city), Cj4 (state). Sigy4ture Bidder P-9 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT No.800-2025-02 Required Bid Proposal Forms :i BID BOND KNOW ALL MEN BY THESE PRESENT: THAT American Asphalt South, Inc. as Principals, and Everest National Insurance Company , as Surety, are held and firmly bound unto THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, hereinafter called the City, in the sum of Ten Percent of Amount Bid(10%of Amount Bid) dollars (not less than ten percent of the total amount of the bid), 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. WHEREAS,said Principal has submitted a bid to said City to perform all work required under the Contract Documents entitled: "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" NOW, THEREFORE, if said Principal is awarded a contract by said City and,within the time and in the manner required under the headings "Instruction to Bidders" and "Schedule of Unit Cost and Lump Sum Amounts" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and judgment is recovered, said surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 20th day of March , 20 25. American Asphalt South, Inc. (Seal) Everest National Insurance Company (Seal) Business Name of Bidder(Principal) Business Name of Surety By: By: nature) C1,e r4 7e W (Signature) Title: Iee-jl%jl Title: Sharon Smith,Attorney-In-Fact Individual Partnership x Corporation Other, explain American Asphalt South, Inc. Bidder P-10 of 10 FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION PROJECT NO.800-2025-02 Required Bid Proposal Forms ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 27, 2025 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in hisauthorized capacity(ies), and that by his'"^ ir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *•*w*w.raw•a••*••r+*wr••rrrr►r�rrrrrrrr• °''••.ROSA MARIA ARTFAGA: WITNESS my hand and official seal. N= �� COMM#2372221 � NOTARY PUBLIC-CALIFORNIA • SAN BERNARDINO COUNTY • . ...• MY Corm b 1.B06i'AWA Y5:'20II5 • r•••awwarar�••r•rrrrraarr►rgrrrrrrrrrr 1 Signature at a (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On March 20, 2025 before me, Kathleen Le, Notary Public, (insert name and title of the officer) personally appeared Sharon Smith who proved to me on the basis of satisfactory evidence to be the person(t)whose name(s) is/mw subscribed to the within instrument and acknowledged to me that he/she/executed the same in 3his/her/fibeixauthorized capacity(i*, and that by JdWher/ftbisignature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. too 00-1-4 WITNESS my hand and official seal. COW.KATHLEEN LE it #2380925 a Q NOTARY PUBLIC CALIFORNIA N COUNTY OF SACRAMENTO w ' Comm.Expires OCT 31,2025 I� 6�Signature C� (Seal) . everest" POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company")having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey,07059,do hereby nominate,constitute,and appoint: Elizabeth Collodi,John Hopkins,John Weber,Joseph H.Weber,Renee Ramsey,Sara Walliser,Mindy Whitehouse, Jennifer Lakmann,Deanna Quintero,Bill Rapp,Jason March,Matthew Foster,Tony Clark,Samantha Watkins,Phil Watkins,Brad Espinosa,Paula Senna, Pam Say,Breanna Boatright,Kathleen Le,Sharon Smith,Cassandra Medina As true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on April 21,2016: RESOLVED,that the President,any Executive Vice President,and any Senior Vice President are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company,any and all bonds,undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds,undertakings,contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the President;any Executive Vice President,and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 10"'day of October 2023. -Surac,,, Ins ep �4 , Everest Reinsurance Company and Everest National Insurance Company `ORvoRgrF -apoRgp" nA SEAL 2 SEAL o 0) 2973 Oil 1985 /3 By:Anthony Romano,Senior Vice President On this 22^a of March 2023,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS Notary Public,Slate of New York G-�--� No 01R06239736 Qualified In Queens County Terre Expires April 26,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 20th day of March 2025 . UraryCP Inset `e�o�rF SEAL z` SEAL i�+ d 1973 Cu ++l r 4�LAWAV& �J y, 1985 1� By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between American Asphalt South, Inc., hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of"FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION." NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with. the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement,the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15)days, and to complete his portion of the work within forty(40)working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $3,600 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City C-1 nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a. Workers Compensation Insurance: Before beginning work,the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: N am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective- Bodily Injury$1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury$2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. C. Each such policy of insurance provided for in paragraph "b." shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included; (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall b? called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: C-2 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty(30)days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph"a."shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph "b." by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty(30) days'written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs"a."and"b."hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775,the 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 the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under C-3 him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1,Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. C-4 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person,firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys'fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys'fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter C-5 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF,the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License#: 784969A Date By: Jeff e - ep—nole nature Print N e &Title By: Si re Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: /� BY: L. 5&'M Micha layo m Sevy, City Clerk u12�1z5 Date- Contractor's Business Phone Number• q A 01 l3 22,13_. Emergency Name and Phone Number at which Contractor can be reached at any time: Jet ` -1�9 913-Z313 C-6 CONTRACT WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 2 -ZS m,0-0`6219 's,�, &�--, Date (Contractor) By: (Sin ure) (Title) Attest: By: (Sig e) /yltr S)tfrkl, Secre,16� (Title) INS-1 Premium is for contract term and is Subject to Adjustments Based on Final Contract Amount Premium:$2,446.00 Bond No.ES00021205 Issued in Triplicate Original CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT American•AsphaltSouth, Inc., as Principal, and Everest National,Insurance.Company, as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Three Hundred forty nine,thousand four hundred dollar(Written)$34940.0(Figures)payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this 22ndday of April , 20 25. The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct FY24-25 LOCAL SLYJIRY SEAL PAVEMENT REHABILITATION" in accordance with the AGREEMENT dated 2,3 Z5 , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; -----NOWT THEREFORE;i€4he-said-prineipal-shail well-and-truly-de--and-perform-aN things-agreed-by— ._—_,.__.__; the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this 22nd_day of April , 20 25. Ameris alt Sou h Inc By: Title: res l dcan A4i Kathleen Le,Attorney-in-Fact Surety: Everest National Insurance Company By: y Individual Partnership x .Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validRy of that document. State of California County of Riverside On April 23, 2025 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty who proved to me on the basis of satisfactory evidence to be the person(s)whose name(e) is subscribed to the within instrument and acknowledged to me that he executed the same in hisauthorized capacity(ies), and that by his'~e�m signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. :}ffffffffffffAff Afffffff4ffifffffRffff °''••,ROSA MARIA ARTEAGA; WITNESS my hand and official seal. COMM#2372221 N N` ® NOTARY PUBLIC-CAUFORNIA 0 • SAN BERNARDINO COUNTY MY COMMWW n EMpm August 25,M25 fffffffffffffff►AfAAAAAfffffA}fAAAAfffA Signature 44-M .04 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On April 22, 2025 before me, S. Smith, Notary Public (insert name and title of the officer) personally appeared Kathleen Le who proved to me on the basis of satisfactory evidence to be the person(a)whose name(s)is/afe subscribed to the within instrument and acknowledged to me that he/she/ executed the same in 4is/her/them authorized capacity(fes);and that by#is/her/thc*signature(s)on the instrument the person(s�or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. bw _ _ _S.SMITH Y' � W o �:.�:A COMM.#2442257 D WITNESS my hand and official seal. = NOTARY PUBLIC CALIFORNIA C Qc,e COUNTY OF SACRAMENTO w Comm.Expires APR.22,2027 I Signature (Seal) 0 everest, POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company')having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey,07059,do hereby nominate,constitute,and appoint: Elizabeth Collodi,John Hopkins,John Weber,Joseph H.Weber,Renee Ramsey,Sara Walliser,Mindy Whitehouse, Jennifer Lakmann,Deanna Quintero,Bill Rapp,Jason March,Matthew Foster,Tony Clark,Samantha Watkins,Phil Watkins,Brad Espinosa,Paula Senna, Pam Sey,Breanna Boatright Kathleen Le,Sharon Smith,Cassandra Medina its true and lawful Attorneys)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on April 21,2016: RESOLVED,that the President,any Executive Vice President,and any Senior Vice President are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company,any and all bonds,undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds,undertakings,contracts or obligations in surely or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the President,any Executive Vice President,and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 101'day of October 2023. urah�� Odaurd, Everest Reinsurance Company and Everest National Insurance Company `onPorlQrR (+o rp 4PoR411 o d. Ln SEAL ( SEAL I c w 1973 19as )3 By:Anthony Romano,Senior Vice President On this 22^d of March 2023,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS Notary Public,State of New York J�/ � No 01 R06239736 4e- �N R-rA-✓ . Qualified in Queens County Term Bxpires April 26,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 22nd day of April 2025 . e`n5urar7c,, �a Insp�d +. o�fF � roO�u�o�Te'�io SEAL a �! SEAL �i c y7 1973 N` 1985 By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16 Premium is included in the Performance bond and is subject to adjustments based on final contract price Bond No.: ES00021205 Issued in Triplicate Original PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to American Asphalt South,.Inc: 2990 Myers Street, Riverside, CA 92503 (Name and address of Contractor) ("Principal"), a contract (the"Contract")for the work described as follows: "FY24-25 LOCAL SLURRY SEAL PAVEMENT REHABILITATION" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. Everest National Insurance.Companv 100 Everest Way,Warren Corporate Center,Warren,NJ 07059 (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 City in the penal sum of Three hundredfo[!yznine-thousand four hundred dollar ($ 349,400), this amount being not less than one hundred percent (100%) of the total contract 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, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. B-2 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: April 22,2025 "Principal" "Surety" American Asoh-alt South Inc. / Everest National Insurance Company By: �kL By: Its tproslelmf / Its Kathleen Le,Attorney-in-Fact By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 ACKNOWLEDGMENT A.notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On April 23, 2025 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty who proved to me on the basis of satisfactory evidence to be the person(s)whose name(e) is subscribed to the within instrument and acknowledged to me that he executed the same in hisauthorized capacity(+es), and that by his'"^ &signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *rrrwwwrrrrwwwwrrrrrwrwrr►rwwwrwrrrwwwr ,.•• ' ' ,ROSA MARIA ARTEAGA; WITNESS my hand and official seal. n COMM#2372221 N' �. •� NOTARY PUBLIC-CALIFORNIA n • SAN BERNARDINO COUNTY My Commissim Expires August 25:2025 � / rr+rrrrwwawrrrrarrrraarrrrrrrwatarrrrwr Signature (Seal) A eve re s t`� POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company")having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey,07059,do hereby nominate,constitute,and appoint: Elizabeth Collodi,John Hopkins,John Weber,Joseph H.Weber,Renee Ramsey,Sara Walliser,Mindy Whitehouse, Jennifer Lakmann,Deanna Quintero,Still Rapp,Jason March,Matthew Foster,Tony Clark,Samantha Watkins,Phil Watkins,Brad Espinosa,Paula Senna, Pam Say,Breanna Boatright,Kathleen Le,Sharon Smith,Cassandra Medina its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fad shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on April 21,2016: RESOLVED,that the President;any Executive Vice President,and any Senior Vice President are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company,any and all bonds,undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds,undertakings,contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the President,any Executive Vice President,and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or cosurety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 101'day of October 2023. ouraq Ins �rFt? 2�0/ �drA Everest Reinsurance Company and Everest National Insurance Company o oT SEAL s ! SEAL 10 Q) 1973 a N t 1985 f 3 �J1 �iiiWA(i'c Ol'\ * yob 0.- >K By:Anthony Romano,Senior Vice President On this 22""of March 2023,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS ^ Notary Public,Slate ofNew York ) No 09736 Qualified Inn Queens County Term Expires April 26,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 22nd day of April 2025 . u0 0 11 1nSp�D v Ile SEAL 2 f SEAL \' n Cu w aruW0 �J 1985 ta3 By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16