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Hardy & Harper Inc (2016) Res St Rehab RECORDING REQUESTED BY. City Of Rancho Palos Verdes HEN RECORDED MAIL.TO L 0V15/2017 Name Street City Clerk AddresCity of RAncho Palos Verde • 30940 Hawthorne Blvd.t s,reRancho Palos Verdes *20170189448* Zip CA I. 90275 I I Space above this line for recorders use NWOLCOTTS FORMS INC. Sino 1893 • NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinaher descnbed 2. The full name of the owner is Cit of Rancho Palos Verdes 3. The full address of the owner is 30940 Hawthorne 13 v. . , •anc• • .. • _ - , r 90275 4. The nature of the interest or estate of the owner is:In fee. (If other than Fee strike in fee"and insert.1a eeanple.'purchaser under contract of purchase;or'Lessees 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on January 20, 201 7 .The work done was _ - • - __ _ e _bilitation Project Phase I, Area 11 8- The names of the contractor,if any,for such work of improvement was Hardy & Harper, Inc. (a no connector for work of improvement as a whale.insert'Nona) (Date of Conban) - -- -- — 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Los Angeles ,State of CA ,and is described as folowareas 2 & 6 - 10. The street address of said property is j (Il no street address has been officially assigned.insert'none'.) - - -- i it Dated_ af t'7 vV " - 6S-Q.,,k___,- -- - (serilrl oI Vain' eYa'1 eird`V C1i1C's°r h's Vent, VERIFICATION I,the undersigned,say:I am the City Clerk , (President ol,Manager of,Partner of.Owner of,stc.) the Declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on_ City of .20-___at___Ranc Palos Verdes CA „ Cl CleA__— (Pers nater of the rndvnduet who is swcanng met the Conten of the t4 rice of Completion are Imre) Before you use this form fill in all blanks,and make whatever changes are appropriate and necessary 167775t1114/1/11111ffIIII nIIII to your particular transaction. Consult a lawyer if you doubt the form s fitness for your purpose and useuN u Wolcotts makes no representation or warranty, express or implied,with respect to the merchantability 1 or fitness of this form for an intended use or purpose 02005 WOLCOTTS FORMS.INC. R_ F -0: UORM 1114 Rev 10 - This page is part of your document- DO NOT DISCARD - ��a� �°s ttiot. 20170189448 :k4:k*,u.r1_17s, HY'et:p, Recorded/FiledinOfficialrds Recorder'sOffice, LoAngeounty,California 02/15/17 AT 03:53PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 1111 I 1111111111 111 111I# II LEADSHEET 11.111 I II 1111 011 lk I II 201702153330043 00013371489 III II II 008II I I III iII 111111 III 150072 SEQ: 01 DAR - Counter (Upfront Scan) III II I II II I I I II I I I I I I I I II II II I I III I 1111111111 I III III I II I I II I I 1 I I I III I I I I I II IIII III I I I II II I II IIMI III - THIS FORM IS NOT TO BE DUPLICATED - E075702 0 City of Rancho Palos Verdes Area 2 & 6 Map , ''..,,,tri,t#1 \ , , 77 1 / tf, trirt t3 Area 2 ) , ,+ , 1 (�"eC Trf<<gz `—�� A District<re......,..r.......0% I / Cicc..cc#9 1, d Distri; #5 '"wui't:#�8 - * 1 District#6 411.44 ,___W,_ I 0. 1(1(ILI. . ,Area 6 ' i Dit. . 1 8,104.6 0 4,052.30 8,104.6 Feet ®City of Rancho Palos Verdes The information on this map is for reference only and may not be up-to-date.Please NAD_1983 StatePlane_California V_FIPS O405..Feet contact the City for more Information ' CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT RESIDENTIAL STREET REHABILITATION PROJECT, PHASE I AREA 2 PCC IMPROVEMENTS AND AC REPAIRS THIS AGREEMENT ("Agreement") is made and entered this 1-1 day of M•.y , 2016, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Hardy& Harper, Inc., a California corporation ("Contractor'). Contractor's license number is 215952. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as the RESIDENTIAL STREET REHABILITATION PROJECT, PHASE I, AREA 2 PCC IMPROVEMENTS AND AC REPAIRS (Project), as described in this agreement and in the Contract Documents (including Notice Inviting Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, Appendices I through VI, the Plans and all addenda prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the 2012 edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook") published by Public Works Standards Inc. (collectively"Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for underwritten work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of one million, seven hundred and eighty nine thousand dollars C - 1 R6871-0001\1800726v2.doc ($1,789,000) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7)days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. A. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. B. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. C. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. D. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. C - 2 R6871-0001\1 800726v2.doc E. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit "B." 10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. 13. Indemnity. a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related C - 3 R6871-0001\1800726v2.doc costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. c. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. e. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f. Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 14. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 15.Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with C -4 R6871-0001\1 800726v2.doc Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 16.Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 18. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is C - 5 R6871-0001\1 800726v2.doc attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 21.Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies 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 workers' compensation or to under- take 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." 22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 27. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 28. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. C - 6 R6871-0001\1 800726v2.doc 29.Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 30. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 31.Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other. C - 7 R6871-0001\1800726v2.doc To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "B." 38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [Signatures on the following page.] C - 8 R6871-0001\1 800726v2.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Ken Dy_d4, Mayor ATTEST: Carla Morreale, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. A16sire, City Attorney CONSULTANT: Hardy & Harper, Incorporated By: Name: Steve Kirschner Title: Vice President By: Name: Kri-sten Paulino Title: Corporate Secretary Address:1312 E. Warner Ave. Santa Ana, CA 92705 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED C - 9 R6871-0001\1 800726v2.doc BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY C - 10 R6871-0001\1800726v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On May 3, 2016 before me, Tina Pham. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner& Kristen Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that t1&/sKe/they executed the same in his/tier/their authorized capacity(ies),and that by his/hear/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws qi of the State of California that the foregoing paragraph TINA PHAM N is true and correct. .;7M1• COMM.#2149384 n Notary Public-California WITNESS my hand and official seal. ORANGE COUNTY u -°•°' My Comm.Expires Apr 17,2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Public Works Agreement Document Date: May 3, 2016 Number of Pages: 10 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: _Steve Kirschner Signer's Name: Kristen Paulino ©Corporate Officer — Title(s): vim.PracGient Z Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc i HOrlTA,inn, 02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 This Bond was Executed in Two(2) Identical Counterparts Bond No. 7649248 Premium Included on Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to Hardy& Harper, Inc. - 1312 E. Warner Avenue, Santa Ana, CA 92705 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Residential Street Rehabilitation Project, Phase I Area 2 PCC Improvements and AC Repair WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of One Million Seven Hundred Eighty Nine Thousand and 00/100 Dollars($1,789,000.00 (the "Penal Sum"), 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 fall 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. This bond shall inure 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 suit is brought upon this bond, Surety further agrees to pay, in addition to the Pen'al Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 there C- 15 R6871-000111800726v2.doc under, 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 there under. 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. Dated: April 29th, 2016 "Principal" "Surety" Hardy& Harper, Inc. Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 1312 E. Warair Avenue Santa An CA 92705- Los Angeles, QdGqOZ7 _4=. 01 00, By: yj YZ �ar d — By: I Its Arturo Ayala, A�OK-in-Fact Ste?e Kirschner -Vice President By: By: rs Its Kristen Paulino - Secretary (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON &GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney 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 attomey-in-fact must be attached. C - 16 R6871-0001\1800726v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On April 29,2016 before me, Tina Pham Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner& Kristen Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fs/are subscribed to the within instrument and acknowledged to me that Fte/sKe/they executed the same in his/ler/their authorized capacity(ies),and that by his/hxr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .••`°' + TINA PHAM COMM.#2149384 a WITNESS my hand and official seal. tiff y Notary Public-California a V ' ORANGE COUNTY w , .„.•` My Comm.Expires Apr 17,2020 Signature' (/V�-'� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond (Labor&Materials) Document Date: April 29, 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Arturo Ayala Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen Paulino 2 Corporate Officer — Title(s): vine PrPsirlPnt ❑Corporate Officer — Title(s): Secreta[y ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact O Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc _ _. Hardy&Harper Inc 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On April 29. 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/Ahedhoq executed the same in his&)erAbeix authorized capacity*s), and that by hishbeoft*iRsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAREN L.RITTO COMM.#2138527 Notary Public-California Il ORANGE COUNTY L MY COMM.Expires Dec 30.2019 Signature (Seal) Karen L. Ritto Bond No. 7649248 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA,all of Orange,California, EACH its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of February,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Rip SIAL e01� no ms~ By Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 15th day of February,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D. BARNES,Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-00798 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of April 2016 w�ecio � c�Mtry 0S�a� ewes RAL 5 At Gerald F.Haley,Vice President This Bond was Executed in Two (2) Identical Counterparts Bond No. 7649248 PERFORMANCE BOND Premium: $6,843.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes("Public Agency"), has awarded to Hardy& Harper, Inc. - 1312 E. Warner Avenue, Santa Ana, CA 92705 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Residential Street Rehabilitation Proiect, Phase I Area 2 PCC Improvements and AC Repair WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW,THEREFORE,we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars($ 1.789=0.00 ) (the *Penal Sum"), 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. *One Million Seven Hundred Eighty Nine Thousand and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the Contract and any afterabon thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, employees, and others as therein provided, then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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. The City is the principal beneficiary of this bond and has all rights of a party hereto. C- 17 R6871-0001\1 800726v2.doc IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 29th, 2016 *Principal* *Surety" Hardy& Harper, Inc. Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 1312 E.Warner Avenue, Santa Ana, CA 92705 Los Anaeles. C001 By: By: rts- Arturo Ayalaney-in-Fact st,,I�ve Kirfchq�er Vice President By: By: jt Its Kr1iten Paulino Secretary (Sea/) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney 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 C- 18 R6871-0001kl 800726v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On April 29, 2016 before me, Tina Pham. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner& Kristen Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/hoer/their authorized capacity(ies),and that by his/h)er/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ,mo is true and correct. TtNa PRAM WITNESS my hand and official seal. COMM.#2149384 n ?t3 y Notary Public California C ' + .. ORANGE COUNTY a n.,..•.. My Comm.Expires Apr 17,2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: April 29. 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Arturo Ayala Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen Paulino O Corporate Officer — Title(s): vires Praciriant ©Corporate Officer — Title(s): secretary ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc Hardy&Harper. Inc 02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On_April 29. 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/anx subscribed to the within instrument and acknowledged to me that he/Mett executed the same in his6beodbeixauthorized capacity*x), and that by his/beoftx iRsignature(x) on the instrument the person(a), 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. KAREN L.RITTO COMM.#2138527 N WITNESS my h d and official seal. 10my Notary PUbuc.Californio ORANGE COUNTY a Comm.Expires Dec 30,2019 Signature (Seal) Karen L. Ritto Bond No. 7649248 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY .AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA,all of Orange,California, EACH its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of February,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND DUO*, 8CAL5 a = Js�eoc «r ! no .'1 s u tYYs Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 15th day of February,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D. BARNES,Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that helshe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-00798 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. STIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this t day of April 2016 �•�� s =a'Z�f'� 30 i o� � SINAL Ono Gerald F.Haley,Vice President ^ � AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor eohnovvedQeo that the project as defined in this Agreement between Contractor and the Cih/, to which this reemeni to Comply with California Labor Lmvx Requirements is attached and incorporated by refenanoe, is m "public vvork" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720\ of the California Labor Code (''Ch 1^). and that this Agreement im subject to (m) Chapter 1, including without |irnUobon Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (^[)|R^ iingaunhototuteo. Contractor shall perform all work onthe project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in1(o) and 1(b) mothough set forth infull herein. 2. California |evv requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions be|ovv, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diern vvngee for each onaft, o|ooedDoation, or type of worker needed to perform the Aonaennmnt are on file at City Hall and will be made gxoi|mb|e to any interested party on request. Contractor oohnovv|mdgeo receipt of a copy of the O|R determination of such prevailing nate of per dienn wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to vvorkona and the penalties for failure to pay prevailing wages. The Contractor ahmU, as o penalty to the Cih/, forfeit two hundred dollars ($2OO)for each calendar day, or portion thereof, for each worker paid less than the prevailing nabao as determined by the D|Rfor the work or craft in which the worker is employed for any public work done pursuant tothis Agreement by Contractor or by any subcontractor. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776. which requires Contractor and each subcontractor to (1) keep moounote payroll naoonda and verify such records in writing under penalty of pe 'ury, as specified in Section 1776. (2) certify nd make such payroll records available for inspection as provided by Section 1776. and (3) inform the City ofthe location ofthe records. 8. Contractor shall comply with and be bound by the provisions ofLabor Code Sections 1777.5. 1777.6 and 1777.7 and California Administrative Code title 8. section 200 etaeq. concerning the employment of apprentices on public vvorho projects. Contractor ehm|| be responsible for compliance with these aforementioned Sections for all mppnenboemb|e occupations. Prior to onrnrnenoing work under this Agreement, Contractor oho|| provide City with m copy of the information submitted to any applicable apprenticeship program. Within sixty (OO) days oMar concluding work pursuant to this A8naernent. Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight (0) hours labor constitutes m legal day's work. Contractor shall comply with and be bound by Labor Code Section 1010. Contractor shall comply with and he bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work oxmsmm hours. The Contractor ohmU, as a penalty to the Chx, forfeit twenty-five dollars ($25) for each worker employed inthepedbnnanceofthioAgreemnen1by1he Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours C - 2O R8871-0001\1800726v2.dno inany one calendar week inviolation ofthe provisions cf Division 2. Part 7. Chapter 1. Article 3 of the Labor Code. Pursuant to Labor Code section 1815. work performed by employees of Contractor in excess of hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of hours per day at not |eem than 11/2 times the basic rate of pay. B. California Labor Code Sections 1080 and 3700 provide that every contractor will be required to secure the payment ofcompensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies 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 vvorhona' compensation or to undertake self-insurance in mconndonoe with the provisions of that code, and | will comply with such provisions before commencing the performance ofthe work ofthis contnact.^ S. For every subcontractor who will perform work on the project, Contractor ohmU be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor m copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting m periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 10. To the rnmxinnurn extent permitted by |avv. Contractor shall indemnify, hold hmnn|eom and defend (at Contractor's expense with counsel naomonob|y acceptable to the City) tha City, its offioia|a, offioero, ernp|oyeea, agents and independent contractors serving in the role of City nffic|a|e, and volunteers from and against any demand or u|ainn for damages, uonnpenoaUon, finms, penalties or other amounts arising out ofor incidental to any acts or omissions listed mbnws by any person or entity (including Conbactor, its nubmontnactora, and each of their offioio|o, offioeno, employees and agents) in connection with any vmod« undertaken or in connection with the Agreement, including without limitation the payment ofall consequential damages, attorneys' fees, and other related costs and expenses. All duties ofContractor under this Section shall survive termination ofthe Agreement. Date 5Signature 1: 674�� Stevie Kirsch er - Vice President Date 8iQnotuma2� Kristen Paolino - Corp. Secretary C - 21 H6871-0001\1800730v2.don INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Con1naoUAgreamenVLicenae/pemnitNo. ordescription: Residential Street Rehabilitation Phase l Ateas 2 PCC Improvements il &C Repair |ndamndor(a) (list all namea): Steve Kirschner, Kristen PauIin«» Tothe fullest extent permitted by |mw. Indemnitor hereby ognena, at its sole cost and axponoe, to dedend, pndect, indnmnify, and hold harmless the City ofRancho Palos Verdes and its elected officia|o, offimars, attorneyo, ogento, amp|oyeeo, vo|unbaaro, mucoeaooro, and assigns (collectively "Indemnitees") from and against any and all domagao, costa. expenses, /iabi|idam, n|aims, demnnda, oauoaa of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature vvhatooever, including fees of acoountonbe, ottorneys, or other professionals and all costa associated therewith (collectively ^Liobi|iUao^), arising or claimed to mrioe, directly or indin*ct|y, out of, in connection with, resulting from, or ra|cdad to any ont, failure to act, ernor, or omission of Indemnitor or any of its officem, oQenta, oenanbs, emp|oyeen, subcontnootom, materio|men, suppliers or their offioem, ogonto, servants or employees, arising or claimed to ahao, directly orindirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit(the ^Agneement")orthe performance orfailure bo perform any term, pnovioion, oovenont, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective neQord|eam of any phor, connurrant, or subsequent active orpassive negligence by Indemnitees and ohoU operate tofully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights orremedies which Indemnitees may have under the law. Payment ionot required omacondition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee aheU be conclusive in favor of the |ndemnbeo'o right to recover under this indemnity provision. Indemnitor ohoU pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (e) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extant that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference tothe existence or applicability of any insurance coverages which may have been required under the Agreement orany additional insured endorsements which may extend hoIndemnitees. |ndemnibnr, on behalf of itself and all parties claiming under orthrough it, hereby waives all rights of subrogation and contribution against the |ndamniteee, while acting within the scope of their dudes, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as on Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor' � KristenPac/liu() Name -~~` Nmnn By: «~~~ - By: Its Vice President Its Corporate Secretary C - 22 . , PROPOSAL CITY OF RANCHO PALOS VERDES RESIDENTIAL STREET REHABILITATION PROJECT, PHASE AREA 2 PCC IMPROVEMENTS AND AC REPAIRS TOTHE DIRECTOR OFPU13LICWORKS, CITY OFRANCHO PALOSVERDES: The undersigned, asbidder, declares that: (1) this proposal iamade without collusion with any other permon, firm or oorporaUon, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project p|mna, apeoificadons, instructions to bidderm, propoaa|, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials tob*furnished. Furthermore, bidder agrees that submission ofthis proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all nnateho|o. |abor, too|o, equipnoent, apparatus and other means necessary eotodo, except such thereof as may otherwise be furnished or provided under the terms of said spechUoetions, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is (Insert) "$ 10%ofAmount ^caah." "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted inthe Bid Schedule. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required oontroot, with necessary bonds and duournento, within ten (10) days, not including Sundays and {ogg| ho|idoya, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may beconsidered null and void. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the h/pm of Work no|oh*d to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely bvsubcontracting all phases ofthe Work. The undersigned also certifies tobeproperly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned possesses California Contractor's License Number . Class /\ C8 /o which expires un 12/31/17 of Signature(s) ofbid Steve Kirschner-Vice Preeident If an individum|, so state. If firm or oo-partnmrmhip, state the firm name and give the names of all individual co-partners composing the firm. If omrponation, state legal name of corporation, P- i also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name: Hardy&Harper Inc Address: 1312 E.Warner Ave.,Santa Ana,CA 92705 Telephone: 714-444-1851 Contact: Steve Kirschner - ---- Proposals which do not show the Contractor's License Number and expiration date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected. Bid Date 4/26/16 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. P-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On April ,2016 before me, Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Kristen Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;Aare subscribed to the within instrument and acknowledged to me that X/�.K/they executed the same in )4/h//their authorized capacity(ies),and that by V/V/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TINA PHAM WITNESS my hand and offi ' I seal. COMM.#2149384 M QMY Notary Public-California ORANGE COUNTY.Oc COMM.Expires Apr 17,2f?20 K Signature Signat re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Corporation Document Document Date: April 25. 2016 Number of Pages: 2 Signer(s) Other Than Named Above: NO(V6 Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen Paulino ©Corporate Officer — Title(s): vires PragidPnt ❑✓ Corporate Officer — Title(s): Secretary ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc Hardy&HarpeL Inc _. 002014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 CITY OF RANCHO PALOS VERDES BID SHEET RESIDENTIAL STREET REHABILITATION PROJECT, PHASE I AREA 2 PCC IMPROVEMENTS AND AC REPAIRS Bidder's Name: Hardy&Harper,Inc To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as RESIDENTIAL STREET REHABILITATION PROJECT, PHASE 1, AREA 2 PCC IMPROVEMENTS AND AC REPAIRS in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE. The quantities reflected on the plans and in the bid-sheets are representative of the amount of work for each item on the project, but are not final quantities to be used for computing payment. Payment will be based on the measurement of actual work completed. The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project. P . . TOTAL BASE BID SCHEDULE IN NUMBERS �'� TOTAL BASE BID�K�� |� �� yu[�u The contract shall be awarded to the lowest responsible bidder based on the TOTAL "~ BASE BID. N d Note: Some ibanla may be adjusted or deleted. Any changes to the quantities for theme items shall not u|aaoifv as a substantial nhmnQm as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantides, the unit prices provided above by the Bidder oho}| be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of /nmbmho| shall be included in the above unit coots; no additional compensation will be granted for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal ohoU include provision for at-risk youth employment per specification and grant requirements. P-5 . . INFORMATION REQUIRED OF BIDDER Fill out all ofthe following information. Attach additional sheets ifnecessary. (1) Bidder's name: Hardy (2) If the Bidder's name is a fictitious nome, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under o fictitious nmme, provide a copy of the filed valid Fictitious Business Name Statement, N/A (3) Business address: 1312 E.Warner Ave.,Santa Ana,CA 92705 7l444x �85l 7l4 �44 %0O (4) Telephone: Facsimile: / (5) Type of firm- Individual, Partnership, LLC or Corporation: C»/y»md*o (6) Corporation organized under the laws ofthe state of: California (7) California State Contractor's License Number and Class: 215952 A (8) D|RContractor Registration Number: 1000000076 (8) List the name and title of the person(s) who inspected the site of the proposed Work for yourfirnn: Corey Kirschner-Vice President Operator (10) Number of years'experience the company has as a contractor in construction work: 36i____ (11) Lint the nameo, hUeo, addresses and telephone numbers of all individua|o, firm nngnnbens, padners, jointventunarm. and company orcorporate nffimsro having a principal interest inthis Proposal: Steve Kirschner'ViccPresident Kristen Paulino-Secretary List at least three similar projects completed an ofrecent date: Contract Date Name, Address of Owner, &Telephone Amount Class of Work Completed No. Please see attad,ment"A" P'6 (12) NOTE: Upon request of the CITY,the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (13) "Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected." P-7 REFERENCES For all public agency projects in excess of $300,000 you are currently working on or have worked on in the past five (5) years, provide the following information: Project 1 Name/ Number Schleisman Road Overlay STPL-5486(002) Project Description Road Overlay Approximate Construction Dates From: 7/15 To: 8/15 Agency Name: City of Fastvale Contact Person: Ruben Castaneda Telephone: 951703-4472 Address: 12363 Limonite Ave.Suite 910,Eastvale,CA 91752 Original Contract Amount: $ 333,333.00 Final Contract Amount: $ 333,354.39 If final amount is different from original amount, please explain (change orders, extra work, etc.) Scope of work was changed by the City Did you file any claims against the Agency? Circle one: Yes 0 Did the Agency file any claims against you? Circle one: Yes 0 If you answered yes to either of the above two questions, please explain and indicate outcome of claims. no Project 2 Name/Number Fy 2015-2016 Annual Minor Street Rehabilitation Phase I Project Description Street Rehabilitation Approximate Construction Dates From: 9/15 To: 10/15 Agency Name: City of Norco Contact Person: Bill Thomas Telephone: 951735-3900 Address: 2870 Clark Ave. Norco,CA 92860 Original Contract Amount: $ 777,000.00 Final Contract Amount: $ 744,373.54 P-8 . . |ffinal amount isdifferent from originalamound. pk*mnmexplain (ohangeonjers. extnavvnrk, edc) Scope of work was changed by the City Did you file any claims against the Agency? Circle one: Yea 0Nc� Did the Agency file any claims against you? Circle one: Yea �No> If you answered yes to either of the above two queations, please explain and indicate outcome of claims. No �Y2015-16Auo"��ivo,5/,utRJmhUi:oiooPbmcI P��mo�� Name�Numbor Project Description Approximate Construction Dates From: To: Agency Name: City of Norco Contact Person: BiUIbomum Telephone: 951735-3900 Address: Original Contract Amount: $ 547,000.00 Final Contract Amount: 8 _562,096.12 If final amount is different from original amount, please explain (change orders, extra work, etc.) Scope o{work was changed bythe City Did you file any claims against the Agency? Circle one: Yes Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two queationa, please explain and indicate outcome of claims. No P-9 Project 4 Name/ Number Area 1 &2 Street Resurfacing Project Project Description Street Resurfacing Approximate Construction Dates From: 9/15 To: 11/15 Agency Name: City of walnut Contact Person: Natalie Avila Telephone: 909 594-9702 Address: 21201 La Puente Rd.Walnut,CA 91789 Original Contract Amount: $ 1,077,000.00 Final Contract Amount: $ 1,065,514.02 If final amount is different from original amount, please explain (change orders, extra work, etc.) Scope of work was changed by City Did you file any claims against the Agency? Circle one: Yes o Did the Agency file any claims against you? Circle one: Yes (No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. No Project 5 Name/ Number Foothill Blvd Pavement Rehabilitation Project Description Pavement Rehabilitation Approximate Construction Dates From: 10/15 To: 11/15 Agency Name: City of Rancho Cucamonga Contact Person: Romeo David Telephone: 909 477-2740 Address: 10500 Civic Center Drive.,Rancho Cucamonga,California 91730 Original Contract Amount: $ 955,000.00 Final Contract Amount: $ 984,399.54 If final amount is different from original amount, please explain (change orders, extra work, etc.) Scope of work was changed by the City P- 10 . . Did you file any claims against the Circle one: Yea GNo Did the Agency file any claims against you? Circle one: Yeo 0 If you answered yes to either of the above two questinno, o|aoee explain and indicate ouhoonna of claims. No Project 6Name/ Number Annual Minor Street Rehabilitation Project Description Street Rehabilitation Approximate Construction Dates From: v//s To: 11/15 Agency Name: City ofSimi Valley Contact Person: Fuad Shamout Telephone: 805 583-6788 Address: I929 Tapo Canyon Road Simi Valley,{A93063 Original Contract Amount: 1,213,960.50 Final Contract Amount: |ffinal amount isdifferent from original amount, please explain (change orders, extra work, eto.) changedScope of work by City Did you file any claims against the Agenny? Circle one: Yes Did the Agency file any claims against you? Circle one: Yes »�Nc� If you answered yes to either of the above two quectiuny, please explain and indicate outcome of claims. No . . STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business &Professions Code 7Q28-15] [Public Contract Code 20103'5] |, the undersigned, certify that | am avvmro ofthe following provisions of California |uxv and that |, or the entity on whose behalf this certification is giwan, hold a currently valid California contractor's license aoset forth below: Business& Professions Code 7028/5: (o) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or amt in the capacity of a contractor within this state without having olicense therefore, except inany ufthe following cases: (1) The person iaparticularly exempted from this chapter. (2) The bid issubmitted nnmstate project governed bySection 1O1G4ofthe Public Contract Code oronany local agency project governedby8aotion 2U1O4 [novv' 2O1O3.5] ufthe Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting vvo/k, orfour thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 1Odays nor more than six months, orboth. In the event the person performing the contracting work hes agreed tofurnish materials and labor on an hourly basis, "the price of the onnbaot^ for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost ofcompleting the work iobeperformed. (c) This section shall not apply to a joint venture |iconaa, as required by Section 7028.1. Hovwavar, at the time of making o bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section mhm|| not affect the right or ability of a |ioanamd architect, land aurvaVor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions appUea, m bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, o |oow| public agency shall, before awarding o contract or issuing o purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of |axv, unless one of the foregoing exceptions mpp|ies, the registrar may issue a citation to any public officer or employee of e public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant tuthis chapter. The amount of civil penalties, appeal, Y- 12 . . and finality of such citations shall be subject to Sections 7028.7 to 702813 inclusive. Any contract awarded to, orany purchase order issued to, acontractor who ianot licensed pursuant tothis chapter iavoid. (0 Any compliance or noncompliance with subdivision (e) of this saction, as added by Chapter 863 of the Statutes of 1989. shall not invalidate any contract or bid awarded by public agency during which time that subdivision was in effect. (g) A public employee orofficer shall not be subject to a citation pursuant to this section if the public ennp|oyee, officar, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this eeotion, a telephone response by the board shall be deemed sufficient. Public Contract Code 2OYO3.5: In all contracts subject to this port where federal funds are inxo|wsd, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. ||ovvewar, at the time the contract is awarded, the contractor mho|| be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Conti-actors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by |avv induding, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency oho|| include o statement tothat effect in the standard form ofpnequa|ifioaUon questionnaire and financial stob*rnark. Failure of the bidder to obtain proper and adequate licensing for an award of contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security ofthe bidder. License No.: 215952 Class: AC-8,C12 Expiration Date: 12/31/17 Ar_�� Z 9- 73 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. P- 14 DENNIS BEYLE PROFESSIONAL EXPERIENCE Hardy & Harper, Santa Ana, CA 1999 to Present Construction Superintendent Supervise Construction sites for several communities. Establish and manage closing and production schedules for completion of projects. Organize contracts and coordinate with subcontractors to meet production deadlines. Adjust products to meet specific needs of customers. Adapt construction practices to meet the needs of harsh climate. Monitor work completed by subcontractors to ensure product quality. Collaborate with utility companies. Answer service calls and take corrective measures to resolve conflicts. Managed and directed overall construction of multi-million dollar projects. Organize scheduling of sub-contractors and monitored work efficiency, quality and performance. Directed and supervised projects from inception to completion. Track time comparison reports and construction production reports. Hired qualified personnel from designated union labor pool. Work effectively with architects, engineers, and developers. Maintain budgets and schedules. Responsible predominantly for phases of construction from ground breaking to final project. Schedule subcontractor work, material delivery, and material returns. Attend weekly meetings with Management of the customer relating to updates on construction of each individual phase. Organize and see through accelerated schedule to meet needs and deadlines of customers with tight closing dates. Ensure the construction project is completed on time and safely. Track project materials requisitions from the date they were ordered to delivery to construction site to ensure timely delivery. Daily inspections of all ongoing construction projects to ensure all work is being performed in a safe manner and adhere to QA and QC guidelines. Updates on projects such as reaching milestones and achieving customer satisfaction. Industrial Asphalt, Irwindale, CA 1994 to 1999 Procured and maintained necessary equipment and materials. Operated & Maintained equipment used on high volume paving ie., residential & arterial, highways& freeways Performed progress reports for city & state inspectors. Was responsible for safety on the job. Responsible for seeing that all work met job specifications and deadlines. Union Paving, Stanton, CA 1987 to 1994 Mechanics Assistant—achieved general knowledge of equipment used in grading and paving. General Laborer—Hands on training of field operations. Journeyman Asphalt Luteman—Advancement of specialized asphalt placement. Grade Checker—Understanding of slopes, elevations, percentage of active drainage. Operating Engineer—Roller—Subgrade and finish surface. Skiploader--Subgrade and finish surface. Paving Machine—Parking Lots and minor streets. . . Michael . hl Amundson 246 Chaumont Circle Foothill Ranch, [a9Z61O Amundson29@hobnai|.ozm Phone: (949)-305-4443 OBJECTIVE: To contribute my experience, education and motivation boa dynamic organization that is focused on excellence in the field of construction management. EDUCATION: University ofSan Diego S.A. {lonmunicainessAdnUnisbabon 6V2000 GPA; ].3 ' Honor Rail: I998, 1999, 2000 USD Men's Baseball team Lettered 1996-2000. All VV[Z 1"Team 1998/99, 1998/1399 season Team MVP EXPERIENCE: Sequel Contractars �� Santa Fe Springs, [a 4/2003 -Current Project Manager/Project Estimator � Currently managing over 6 million dollars inroadway, concrete, electrical and landscape projects. ' ° Estimating Jobs at9f , Average returns of12-1496per project for FY2OO4-2OD5 " Estimated over 2OOprojects with extensive paving,'gnading, excavation, electrical, concrete, underground and landscaping. ° Managed over 30 projects containing paving, grading, excavation, electrical,concrete, � undergnound'and |andscape. ° Manage all aspects ofprojects horizontally from inception bocompletion. ° Responsibilities include: Negotiating change orders, Contracts, Bonds, Insurance, Scheduling, Coordinating sub'conbaotons,Gao1ehng quantities, Billings and Quarterly closings, ° Currently managing 5 teams of8hol5employees. ^ Current Monthly estimating load of 10 million dollars approx. 5-I0 bids per week ^ Proficient using Primavera Project Manager, Microsoft Excel and Word ° Experience with Microsoft Project ° CenjfladAdvanced S'iVPPPtraining ^ Have produced IOfuUy-h/pcdona{ SVVP9P/SNPPlans this year ° Registered Notary Public in the state ofCalifornia Current Projects: ° City o[Laguna Beach: PM, Pavement Rehabilitation Program; $710,000.00, Current " City ofSouth Pasadena: PM,Orange Grove Avenue Improvements; $2,341,OOU.00Job Status: Current . . , City ofPalos Verdes Estates: Annual Pavement Overlays Project; $2lO/]OUJlO1O/D5-Job Status: Current � City of Diamond Bar: PM, Grand Avenue Beautification Project; $t,9Z1000.00 Job Status: Current " City ofFullerton: PM/Estimator, Residential Street Rehabilitation Project; $880,000.80 Job Status: Current ° City ofSeal Beach: PM/ Estimator, Annual Pavement Rehabilitation Project; $675,000.009/05 - 11/05 ° Los Angeles County Public Works Division: PPI/Estinnator Various Street Rehab; $I,375,000.003/05-8/05 ~ City of Pasadena: PM/Estimatar,, Orange Grove Median Improvements; $150,000.00 8/U5-B/OS Recently Completed Projects: - ~ City ofCypress: PM/E-dmaUmr, Cypress Acres Street and Storm Drain Improvements 12/D4-3/US; $651,000'00 ^ City of Rancho Palos Verdes: PE, Residential Streets Overlay 9/O4-12/04; $3,150,000.00 ° City of Pasadena: PM/ Estimator,Walnut Ave. Reconstruction Project,7/04- 10/04; $510,000'00 ' • City of Laguna Hills: PE, Reconstruction of Various Streets in Nelly Gail Ranch 6/03 - 10/03; $2,350,000'00 ° OLY of Fullerton: PM/Estimator, (]b/ Hall Parking Lot Construction 8/01-10/04; $350,000.00 ° City ofAnaheim: PM/Estimator, Anaheim Resort Area Intersection Project 6/[4-8/04; $200,000.00 ° {]b/of Irvine: PM/Estimator, Michae!son Dr. Rehabilitation 8/03-10iO3; $350,000.00 ° City of Fountain Valley: PM, Harbor Blvd. Reconstruction 5/04-8104; $500,000.00 TB«I, roc. Santa Ana, Ca 9/2001 -1/2003 Sahes;Manager, Existing and Developing Accounts ~ Averaged 75,000. per mo. Sales, total company sales 110,000. ~ Responsible For driving sales in both San Diego and Orange Counties ° Developed flagship etching design and fabrication for Orange County Drum and Percussion Acrylics division; Blink 182, No Doubt and Nelx Found Glary designs, Private Projects Included: ° Design/-Build 3-0mesiona/ Chemical Compound display,AT&T Building: San Jose Ca ¢85,000.0] Designer: Confidential " Design/Guild Main Glass Laminate Displays Nordstrom's Fashion Show Mall,Las Vegas $120,D60.00 Designer: Heartwood Construction ~ Deuign/9ui/d: Glass Councertops,'Epbshcsfor Montbiue-Const�ucttion '-7aVDiego 65,000.00 ^ Glass She-,vcases/Displays for Orleans Casino LV. Turn berr/Towers 01, Wyland A,t Galleries,,Pfizer Building Sun Diego to 0 .0 a X) a)'— CU ca fn V. w C) C) C: 0 C: T- T- o 0) a) — 't .— c (.) 0 C� o 0 a) .0 do 0 i > qUj CL N -C 03 0) CL o 0 Co & 0 co >, W C) t M C: C 00 m 0 cij L� - VS cru (b Cl a) 0 0 0 C c 0 0 0 L) (D 0 0 to 0 a) (U -a - %n o 0 z 0 — cc 0 0 C a) ca 0 .0 = 0 m 0 0 0 CL co U) o CL 0 M ,O -C := C: 0 4) : Co m m 0 E to F- U3 0 o_0 0 a) tJ r- a) _0 (U 70 -a — a to (D 0 M ow < 0 -E t -Cu (A 0 0 Lo -C CL Zo C: Oc: OZCD 2 a (U 4- 0 0 0 m cu ca J.- O o " -0 0 0 c 4) E TO Efl 0 40 0- 0 — ,U) :3 C11) 0 0 wc C: 0 — Co 0 Coz 4) Q) -0 U) M a) 0- " = I M w — E 4 4) o -- c -c Nd >, a) 0 0 -" -0 > 0 0 o cu cn o -E —0 a)0 CL E E C)- W (D 0 C: cu OOOCXD. m c oEmwm w a) (D -j :3 0 0 'In 0 C) Z 0 1-- w 0- 0 0 C 0) o m tm- 0 C: = - o 'r- I .— U) (u Z —0 = c -0 0 C: C- (U -0 =3 0 C;) — 0 a) O" U) rZ c 0 0 � .— .0 0 -0 (D 0 'n :3 U) - .D 0 - - - U) ID o a- n 0 0 �o 0 0) CD a) r- — c co 0 4-7 cc 0 0 t — 0 c >< ' CU m c -0 E E ca m o — 3: 0 cc 0 to V) a) a) > U) -C m Z 0 CL o • :3 im 0 -0 0 c E U) F- 0 co o cu W CL 4- 0 c 0 F— C> (D 0 LA C) C%j Uo c 0 lS1 4) LL E 0 CN E ai O cr 0 to co �fi LL CN -0 c a) 0 0 m > cc (U 0 C Kt- 00 m to0 c 0 o CP C CN C o l4 E ,c 0 c: 0 (D o E 0 CCU- > c 0 Cz 0 C w 0 M :3 3 nE .w (D 0 0 Oc E (n U) RG E m 0 > E ,2 ca m (D Z 0 M 0 0 O > C 0 0 a) > E = o 0 E 0 — m 4) (D (D m 0 E 0 a) E 15 -0 E E w, E u)a) E —0 E Q. :3 0 0 :3 :3 m :3 Cc a) c E m z F- 0 'o z z Z 0 o- m a) Bond No.CSBA-l960 BID BOND KNOW ALL PERSONS BYTHESE PRESENTS that: VVHERG48tha City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for bids for the work described as follows: RESIDENTIAL STREET REHABILITATION PROJECT, PHASE | AREA 2 PCC IMPROVEMENTS AND AC REPAIRS WHEREAS Hardy&Harper,Inc. 1312 E.Warner Avenue,Santa Ana,CA 92705 _ (Name and address ofBidder) ("Phnoipa|"), desires tosubmit abid b} Public Agency for the work. VVHEREA8, bidders one required under the provisions of the California Public Contract Code to furnish afonm of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 South Fip-ueroa Street,Suite 3900,Los Angeles,CA 90017 (Name and address ufSurety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency inthe penal sum of Ten Percent of Amount Bid Dollars ( . being not |eaa than ten percent (1096) of the total bid price, in |ovfu| money of United States of America, forthe paym �ntofwhich munve|| and truly to be nnude, we bind ouree|vea, our heiro, enacutora, adminiatrotors, oucneeoora, and assigns, jointly and severally, firmly bythese presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is uvvonded o contract for the work by the Public Agency and, within the time and in the manner required by the bidding epeoifioationo, enters into the written form of contract included with bidding epeod5cotione, furnishes the required bondn, one to guarantee faithful performance and the other to guarantee payment for labor and nnoterio|s, and furnishes the required insurance comanage, then this obligation ahoU become null and void; othenwise, it shall be and remain in full force and effect. |ncase suit iabrought upon this bond, Surety further agrees topay all court costs incurred bv the Public Agency in the suit and reasonable attorneys' fees in on amount fixed bythe court. Surety hereby waives the provisions of California Civil {}ode 2845. P - l7 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 22,2016 "Principal" "Surety" Hardy&Harper,Inc. Fidelity and Deposit Company of Maryland B By: % GLS" /�' / : Y Dwight Reilly its:llcl"C/i-lync,tIfiPX- VM M-50 ens Its: Attorney-in-Fact By: By: Its: Its: (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. P- 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On April , 2016 before me, Tina Pham. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose namew is/;ate subscribed to the within instrument and acknowledged to me that he/;�Ke/tf�eq executed the same in his/Vr'/ttyet'r authorized capacity(jW,and that by his/herttlSeir signature(s)on the instrument the personK, or the entity upon behalf of which the person,(sTacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o icial seal. TINA PHAM ' COMM.#2149384 ✓ Notary Public-Caiifomia ?s ORANGE COUNTY a Slgnatur My Comm.Expires Apr 17,2020 Sidinaturre of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: A ri>�,2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Z✓ Corporate Officer — Title(s): yir-a Presonnt ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — 0 Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual 0 Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: O Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc 02014 National Notary Association-www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On April 22, 2016 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ala subscribed to the within instrument and acknowledged to me that he/jdWVM executed the same in his&)erAbeix authorized capacity0as), and that by his1kxx*kx3iR 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. SUSAN PUGH COMM.H2105405 WITNESS my hand and official seal. Notary Public-c.iitornia ri ORANGE COUNTY LL MyF Omma AplresApr 29,2019 Signature (Seal) Susan Pugh Bond No. CSBA-1960 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the"Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Sbaunna BURCHFIEL and Michael CASTANEDA,all of Orange,California, EACH its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of February,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND v o«cr sRAL m► .i tz�; too! `�: whew IwNN� B Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 15th day of February,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-0079B NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code§7106] State of California ) County of ) ss. City of ) The undersigned declares: I am the Vice President of Hardy&Harper,Inc , 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 4/25/16 [date], at Santa Ana [city], Istal. Signature Steve Kirschner-Vice President Subscribed and sworn to before me on 4/25/16 (Date) (Notary Seal) Signature Notary Public P - 19 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 rcr�n �srr� c r�rMr r �rrc�r�r �ssxa>r6 c�rs ca ❑See Attached Document(Notary to cross out lines 1-6 below) ❑See Statement Below(Lines 1-6 to be completed only by document signer[s], not Notary) r Signature of Document Signer No. 1 Signature of Document Signer No. 2(if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of Orange on this 25 day of April , 2o__16 ., by Date Month Year TINA PHAM y COMM.#2149384 (and (2) NO, Notary Public-California Name(s)of Signer(s) ORANGE COUNTY a My Comm.Expires Apr 17,2020 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature_ Signature of 6tary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non-Collusion Declaration Document Date: April 25,2016 Number of Pages:--1--Signer(s)Other Than Named Above: None _ r�z•cw�c��e��c;� z.�z�c�-�2,��v�z._.- T _ _ __•ex��r �.?=z._ .� _. - �4�<u�c�c,�-u� 02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5910 ACKNOWLEDGMENT OF ADDENDA Bidder's Name: RqVX_,_Yi ffir, The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Siqnature 63 2 If there are mor q Addenda than there is room in the chart above, attach another page acknowled IV t Ad nda. Signature:� Title: —Steve Kirschner-Vice President Date: 4/25/16 P-20 This form shalt be submitted with the Bide PROPOSER/BIDDER STATISTICAL INFORMATION FORM All proposers/bidders responding to the solicitation must complete and submit this form in order for their proposer or bid to be considered. The information requested in the form will be used solely for statistical purposes. The contract(s)and/or subcontract(s) will be awarded without regard to gender,race,color,creed,or national origin. .. Type of business entity: ❑ Sole partnership ❑ Nonprofit organization O Partnership ❑ Franchise YCorporation O Limited Liability Corporation O Other: 2. Total number of employees in firm/organization,including owners: O"{ 3. Break down the total number of employees in your firm/organization into the following categories: Owners,Partners,and Associate Partners _ _ Race/Ethnicity Male Female _Managers Staff Black JAfrican-American Hispanic/Latino Asian-American/Pacific Islander 0 American Indian/Alaska Native Filipino American White 2 ') 2—q Other 4. Indicate,by percentage,how ownership of the firm/organization is distributed: Asian- American Black f American J Indian/ African- Hispanic/ Pacific Alaskan Filipino- American Latino Islander Native American White Other Men Women S. if your firm is currently certified as a Minority(MBE),Women(WBE),Disadvantaged(DBE),and/or Disabled Veterin(DVBFr Business Enterprise by a public agency,indicate the Business Enterprise certification of your firm,the certifying agency,and the expiration date of the certification: _MBE WBE DBE DVBE Name of Certihying Agency Expiration Date ❑ n ❑ ❑ o ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Fj ED Cl P-21 . ^ BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions contained therein. Bidder y VFW rreclacK Date Please sign above and include this signed addendum in the Bid package. Failure todo BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum No. 2 and accept all conditions contained therein, qQtdj I ogrtffl Inc Bidder ILI BY—'Qtm 14Mhne'r-VCC Veoidfrw bate Please sign above and include this signed addendum in the Bid package. Failure to do so may result in that Bid being reiected as non-responsive. ' . BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum lqo. 3and accept all conditions contained therein. Bidder Please sign above pnd include this signed addendurn in the Bid package. Failure todm Attaclunent A "if ardy (sZ-9farper, Inc. Corporate Officers Fred T. Maas,Jr.,President,Treasurer 1312 E. Warner Avenue phone: (7.14) 444-1851 Santa Ana, CA 92705 -Dan T. Maas,CEO,Managing Ofil-ce-r 1312 E. Warner Avenue phone: (714) 444-1851 - - Santa Ana, CA 92705 _ Ste-"e Kirseluler,Vice President 1312 E. Warner Avenue phone: (714) 444-1851 Santa Ana, CA 92705 Corey Kirschner,VPO 1312 E. Warner Avenue 'Phone: (714) 444-1851_ Santa Ana, CA 92705 Kristen S.Paulin,Corporate Secretary 1312 E. Warner Avenue phone: (714) 444-185.1 Santa Ana, CA 92705 PUBLIC WORKS REFERENCES AttachmentAr 201412015 Owner/Agency Contact Project (Amount & Completion Date) County of Los Angeles Public Works Jose Pou, P.E. 124th Street ET. Al. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 JPou(&dPw.1acounty.qo $4,304, 600.00 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB-14-07 Palos Verdes Estates, CA 90274 *ackEydell(ftapprofessionals.com $1,187,987.00 12/14 City of Tustin Eddy Jan, P.E. 2013-14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 eianaandpen.com C I P 70001 $1,491,543.00 12/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 d1atimeracityoffiesperia.us $1,184,570.00 01/15 City of Covina Natalie Avila Resurfacing of Streets at 125 E. College Street (626) 384-5400 Hollenbeck Ave, Cypress St. Covina, CA 91723-2199 RAvila(akovinaca.qo $624,297.95 8/15 City of Pasadena Richard Yee Preventitive Maintenance 100 N Garfield Ave (626) 744-4643 Street FEDERAL ID NO. Pasadena, CA 92570 STPL-5064(081) $1,518,231.24 8/15 City of Eastvale Ruben Castaneda SCHLEISMAN ROAD 12363 Limonite Ave., Suite 910 (951) 703-4472 Overlay STPL-5486(002) Eastvale, CA 91752 rcastanedaaeastvaleca.gov $333,333.00 8/15 City of Cathedral City Bill Simmons Date Palm Drive Street 68700 Avenida Lalo Guerrero (760) 770-0340 Improvement, 1-10 to Vander Cathedral City, CA 92234 bsimmonsacathedralcity.go Rd Bid # B15-02E Proj# 8668 $406,064.90 8/15 PUBLIC WORKS REFERENCES AttachmentA 2014/2015 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway (949) 362-4325 & Via Vetti Pavement Rehab Laguna Niguel, CA 92677 FBorges(cDcitvoflaclunaniguel.or Improvement No. 15-02 $1,226,861.00 9/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000.00 10/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase 11 Norco, CA 92860 $547,000.00 11/15 City of Walnut Natalie Avila, P.E Area 1 & 2 Street 21201 La Puente Rd. (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 navi1aCa)rkaqrouP.com $1,077,000.00 11/15 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 Romeo.Davida-cityoftc.us $1,076,200.00 11/15 City of Simi Valley Fuad Shamout, P.E FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 FShamout simivalley.org $1,213,960.50 11/15 City of Redondo Beach Lauren Sablan, P.E Aviation Blvd Resurfacing 415 Diamond Street (310) 318-0661 Project Redondo Beach, CA 90277 Lauren.SablanCdredondo.orq $367,293.00 12/151 City of Palm Desert Bo Chen, P.E Portola Ave STP Rehabilitation 73-510 Fred Waring Drive (310) 370-5099 Project Palm Desert, CA 92260 bochen cityofpa1mdes9q.-0-r9 1$639,204.74 2/16