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Home My WebLink AboutCO 2025-065 - Onyx Paving Company, Inc CITY OF RANCHO CUCAMONGA CONTRACT FY24-25 LOCAL OVERLAY PAVEMENT REHABILITATION PROJECT Awarded: Wednesday, June 04, 2025 City of Rancho Cucamonga CONTRACT NUMBER 2025-065 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 TABLE OF CONTENTS Notice Inviting Bids ....................................................................................................... N-1 thru 4 Instructions to Bidders ................................................................................................. I-1 thru 7 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 thru12 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 Contract Agreement ................................................................................................. C-1 thru 6 Faithful Performance Bond .................................................................................................. B-1 Labor and Materials Bond .......................................................................................... B-2 thru 3 Compensation Insurance Certificate ................................................................................. INS-1 Maintenance Guarantee Bond .......................................................................................... MB-1 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 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 thru 2 Section 2 - Scope of the Work ........................................................................................ GP-2 thru 3 Section 3 - Changes in Work .......................................................................................... GP-3 thru 7 Section 4 - Control of Materials ...................................................................................... GP-7 thru 9 Section 5 – Legal Relations and Responsibilities ........................................................ GP-10 thru 17 Section 6 - Prosecution, Progress and Acceptance of the Work ................................. GP-17 thru 18 Section 7 – Measurement and Payment ..................................................................... GP-18 thru 21 Section 8 - Facilities for Agency Personnel ............................................................................. GP-21 PART 2 -CONSTRUCTION MATERIALS Section 200- Rock Materials 200-1 Rock Products ................................................................................................... MA-1 Section 201 – Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete ................................................................................. MA-1 Section 203 – Bituminous Materials 203-6 Asphalt Concrete ............................................................................................... MA-2 203-17 Asphalt-Rubber Crack and Joint Sealant ........................................................... MA-2 Section 214 – Traffic Striping, Curb and Pavement Markings and Pavement Markers 214-1 General .............................................................................................................. MA-2 214-5 Thermoplastic Material for Traffic Striping and Markings. ......................... MA-2 thru 3 Section 218 – Roadside Signs 218-1 General ................................................................................................... MA-4 thru 5 218-2 Minimum Requirements ........................................................................... MA-5 thru 9 218-3 Base Metal ....................................................................................................... MA-10 218-4 Screening Inks and Process Paste ...................................................... MA-11 thru 12 218-5 Sign Panel Fabrication ......................................................................... MA-12 thru 13 218-6 Inspection ........................................................................................................ MA-13 218-7 Packaging ........................................................................................................ MA-13 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Table of Contents PART 3 - CONSTRUCTION METHODS Section 300 – Removals and Earthwork 300-1 Clearing and Grubbing ....................................................................................... ME-1 300-2 Unclassified Excavation ..................................................................................... ME-1 300-4 Unclassified Fill .................................................................................................. ME-2 Section 301 – Subgrade Preparation, Treated Materials, and Placement of Base Materials 301-2 Untreated Base .................................................................................................. ME-2 Section 302 - Roadway Surfacing 302-5 Asphalt Concrete Pavement .................................................................... ME-2 thru 4 302-15 Existing Asphalt Surface Preparation ....................................................... ME-4 thru 7 Section 303 - Concrete and Masonry Construction 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways ......................................................................................... ME-7 thru 9 Section 313 – Signs 313-1 Roadside Signs ..................................................................................... ME-9 thru 10 Section 314 – Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-2 Removal of Traffic Striping and Curb and Pavement Markings ........................ ME-10 314-3 Removal of Pavement Markers ........................................................................ ME-10 314-4 Application of Traffic Striping and Curb and Pavement Markings ......... ME-10 thru 12 314-5 Pavement Markers ........................................................................................... ME-12 PART 4 – EXISTING IMPROVEMENTS Section 400 – Protection and Restoration 400-1 General ............................................................................................................... IM-1 Section 401 – Removal 401-3 Concrete and Masonry Improvements ................................................................ IM-1 Section 402 – Utilities 402-1 Location .............................................................................................................. IM-2 402-4 Relocation ........................................................................................................... IM-2 402-7 Utility Connection ................................................................................................ IM-2 Section 403 – Manhole Adjustment and Reconstruction 403-1 General ..................................................................................................... IM-2 thru 3 403-3 Manholes in Asphalt Concrete Pavement ........................................................... IM-3 403-5 Payment ............................................................................................................. IM-3 Section 404 – Cold Milling 404-11 Measurement ...................................................................................................... IM-4 404-12 Payment ............................................................................................................. IM-4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Table of Contents APPENDICES 1. City Working Days Calendar 2. Location Maps a) Local Overlay Location Maps b) Local Overlay List of Streets c) Local Overlay Pavement Rehabilitation Details d) Remove and Replace Locations 3. Access Curb Ramps a) General Notes, Legends, and Construction Notes b) Access Curb Ramps Details c) Access Curb Ramp List & Locations 4. Raised Median Island a) Delta Revision 5. Other a) Advance Notice – Overlay Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 N-1 NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR "FY24-25 LOCAL OVERLAY PAVEMENT REHABILITATION PROJECT" 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, May 20, 2025, sealed bids or proposals for the "FY24-25 LOCAL OVERLAY PAVEMENT REHABILITATION PROJECT" in said City. The scope of work to be performed consists of, but not limited to, cold milling, weed killing, routing and crack sealing, asphalt concrete overlay, grinding and patching asphalt concrete, adjusting existing manholes and valves to new grade, video detection zone adjustment, PCC access ramps, sidewalk repairs and pavement markers and striping. The contract documents call for 80 working days to complete this construction. Engineer’s Estimate is $3,000,000. 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 OVERLAY PAVEMENT REHABILITATION PROJECT." 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.html. 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, Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 N-2 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 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 N-3 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 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 “C- 12” License (Earthwork and 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, 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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 N-4 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 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 9-3.2 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 OVERLAY PAVEMENT REHABILITATION PROJECT" shall be submitted five (5) days prior to bid opening and shall be directed to: Sarine Hazarshahian, Assistant Engineer 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4071 ADVERTISE ON: May 06, 2025 and May 13, 2025 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-1 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 excess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00) Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-2 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 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 OVERLAY PAVEMENT REHABILITATION PROJECT 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-3 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, Secretary, or Assistant Secretary. Other persons may sign for the corporation in lieu of the above; however, a Certified copy (including the original corporate seal) of a resolution of the corporate board of directors so authorizing them to do so must also be provided to the City Clerk's office as part of the Bidder’s response. 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, must be provided as part of the Bidder’s response to 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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-4 documents. Failure to do so may result in bid rejection. Said addendum shall be made part of 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-5 In case of a discrepancy between the quantities shown on the plan as final pay quantities and 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 “C- 12” License (Earthwork and 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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-6 Section 9554 of the California Civil Code. 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 $5,200 per day for each and every calendar day's delay in finishing the work in excess of 80 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 30 days from the date of award of contract. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 I-7 M. CITY BUSINESS LICENSE 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 4-1.6 of the Standard Specifications for Public Works Construction. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-1 C O N T R A C T 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 Onyx Paving Company, 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 OVERLAY PAVEMENT REHABILITATION PROJECT." 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 OVERLAY PAVEMENT REHABILITATION PROJECT." 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 80 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 $5,200 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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-2 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: "I 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 be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-3 "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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-4 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-5 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 Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 C-6 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 #: 630360 ONYX PAVING COMPANY, INC. 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 Date By: Signature Print Name &Title By: Signature Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Kim Sevy, City Clerk Date Contractor's Business Phone Number: (714) 632-6699 . Emergency Name and Phone Number at which Contractor can be reached at any time: ____________________________ Jay Kirschner, Vice President Corey Kirschner, Chief Executive Officer Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 714-632-6699 6/4/2025 | 1:15 PM PDT 6/6/2025 | 6:05 AM PDT B-1 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT ONYX PAVING COMPANY INC., as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Two Million Six Hundred Thirty-Six Thousand (Written) $ 2,636,000 (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 day of , 20 . 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 OVERLAY PAVEMENT REHABILITATION PROJECT" in accordance with the AGREEMENT dated , 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; NOW, THEREFORE, if the said principal shall well and truly do and perform all 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 day of , 20 . By: Title: Surety: By: Individual Partnership Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 B-2 Bond No.: 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 ONYX PAVING COMPANY, INC. 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: “FY24-25 LOCAL OVERLAY PAVEMENT REHABILITATION PROJECT” 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. NOW THEREFORE, we, the undersigned Principal, and (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 ($ ), 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 B-3 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: “Principal” “Surety” By: By: Its Its 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. Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 INS-1 C O N T R A C T WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I 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. Onyx Paving Company, Inc. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) Vice President Chief Executive Officer Docusign Envelope ID: D12235F1-A01D-42DD-AE4F-6908A87A03A4 6/4/2025 | 1:15 PM PDT