STAFF REpORT - San Gabriel, California

27
A Public Works Department STAFF REpORT Date: November 19, 2013 To: Steven A. Preston, City Manager From: Bob Bustos, Public Works Director £J;tj Steve Loriso, PE, Public Works Project Manager Subject: Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading SUMMARY The first step in construction of the new Public Works Maintenance Facility is the selection of a contractor to perform the rough grading at the site (917 E. Grand Avenue). The Council previously authorized staff to proceed with a two-step (pre-qualification) process for the Public Works Facility Rough Grading which allowed staff to request statements of qualifications and information from prospective bidders. The Council also authorized staff to proceed with the second step in this process, which was to proceed with soliciting bids from those contractors deemed qualified for the rough grading at the project site. The Public Works Department solicited bids from the six pre-qualified contractors. Three bids were received on October 29, 2013. Staff recommends Council award Cash Contract No. 12-09 to the lowest responsible bidder, Palp, Inc. DBA Excel Paving Company, in the amount of $1,074,072. I. BACKGROUND Over the past several years, San Gabriel has been planning to replace the out of date Public Works Maintenance Facility and Police Station by constructing a new Public Works Maintenance Facility at 917 E. Grand Avenue and then, once that facility is completed and the current Public Works Facility adjacent to the Police Station is vacated, use the vacated space to construct a new Police Station. Since the site of the proposed Public Works Maintenance Facility requires significant grading prior to construction of the new buildings, staff recommends separating the rough grading from the actual building construction. The rough grading and building construction are intimately tied together in that for the building to be constructed, the rough grading must occur, in order to provide a complete project. The first step in the construction process is to perform the rough grading at the Grand Avenue site of the new Public Works Maintenance Facility.

Transcript of STAFF REpORT - San Gabriel, California

Page 1: STAFF REpORT - San Gabriel, California

A bull

Public Works Department

STAFF REpORT

Date November 19 2013

To Steven A Preston City Manager

From Bob Bustos Public Works Director poundJtj Steve Loriso PE Public Works ContrC~ Project Manager

Subject Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading

SUMMARY

The first step in construction of the new Public Works Maintenance Facility is the selection of a contractor to perform the rough grading at the site (917 E Grand Avenue)

The Council previously authorized staff to proceed with a two-step (pre-qualification) process for the Public Works Facility Rough Grading which allowed staff to request statements of qualifications and information from prospective bidders The Council also authorized staff to proceed with the second step in this process which was to proceed with soliciting bids from those contractors deemed qualified for the rough grading at the project site

The Public Works Department solicited bids from the six pre-qualified contractors Three bids were received on October 29 2013 Staff recommends Council award Cash Contract No 12-09 to the lowest responsible bidder Palp Inc DBA Excel Paving Company in the amount of $1074072

I BACKGROUND

Over the past several years San Gabriel has been planning to replace the out of date Public Works Maintenance Facility and Police Station by constructing a new Public Works Maintenance Facility at 917 E Grand Avenue and then once that facility is completed and the current Public Works Facility adjacent to the Police Station is vacated use the vacated space to construct a new Police Station Since the site of the proposed Public Works Maintenance Facility requires significant grading prior to construction of the new buildings staff recommends separating the rough grading from the actual building construction The rough grading and building construction are intimately tied together in that for the building to be constructed the rough grading must occur in order to provide a complete project The first step in the construction process is to perform the rough grading at the Grand Avenue site of the new Public Works Maintenance Facility

2 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

In order to ensure that the contractor selected for the grading possesses the necessary experience and expertise for the job the Council previously authorized a two-step process (pre-qualification) and authorized staff to proceed with the process to select those contractors that were approved to submit a bid for the actual job Public Contract Code 20101 specifically authorizes public entities to utilize this pre-qualification process

A total of eight contractors submitted statements of qualifications and were evaluated for compliance with the previously established criteria Of the eight contractors six were selected to be qualified contractors and are listed below in alphabetical order

bull Cal Fran Engineering Inc bull Palp Inc DBA Excel Paving Company

bull Mallcraft Inc bull McKenna General Engineering Inc bull MS Construction Management Group bull Southern California Grading Inc

II ANALYSIS

The bid solicitation for the project included a base bid for the majority of the proposed work as well as two bid alternate schedules that would allow additional work to be awarded in the event that favorable bids came in below the project budget Since the contractors were pre-qualified for this bid process bid packages were distributed to the SLX contractors listed three of whom submitted bids for the project

Bids were received and opened on October 29 2013 The bid results are as shown in Exhibit A and the detailed bid tabulation is attached as Exhibit B Base bid and both bid alternate items were used for the comparison of bids Staff reviewed the bid proposals along with the pre-qualification information and determined that Palp Inc DBA Excel Paving Company of Long Beach is qualified as the lowest responsible bidder The lowest bid of $76347200 for the base bid is 31 percent lower than the engineers estimate of $110667500 Additionally the lowest base bid together with the two bid alternates of $1 07407200 is 31 percent lower than the engineers estimate of $154867500 Given the lower than anticipated bid prices staff recommends awarding the base bid and both bid alternates This will allow for the retaining walls that are necessary for the building phase of construction to be constructed lith the earth moving activities

As an alternate to proceeding with the rough grading portion of the Public Works Maintenance Facility at this time the rough grading could be postponed by one year to allow other Council priority projects to be constructed However the postponement would result in a likely cost increase of not only the rough grading but subsequent Public Works Maintenance Facility due to an increase in material costs and labor costs Additionally the process previously completed of pre-qualification of contractors and bidding process would need to be repeated due to the length of time since the process originated (December 2012)

The site of the proposed facility requires the rough grading to occur regardless of the type of facility that is placed there Due to the existing nature of the subgrade soils at this site it was decided to conduct the rough grading first (under separate contract from the building contractor) to mitigate the

3 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

deficiencies prior to the start of building construction This would allow a dedicated grading contractor to concentrate on the rough grading procedures that are critical for the development of this site

By proceeding with the rough grading of the site the existing waste transfer facility operated by Athens Services would be temporarily shut down (through rough grading operations and construction of the new facility which incorporates an updated waste transfer facility) During the time of construction Athens Senrices would collect waste generated from public works services at the existing Public Works Maintenance Facility by utilizing standard size (three cubic yard) dumpsters and be located in an area currently designated for other operations Athens Services has agreed to provide these services for a period of two years At the completion of the construction of the new Public Works Maintenance Facility the waste transfer station would be reinstated at this new facility If Council elects to proceed with the rough grading and not the Public Works Maintenance Facility the use of the standard sized dumpsters would need to remain at the existing Public Works Maintenance Facility This would require negotiation of an agreement with Athens Services to continue with standard sized dumpsters at the existing Public Works Maintenance Facility Additionally the use of the dumpsters would require modification to the existing facility to accommodate the permanent placement and relocation of other essential public works activities and storage

With Councils authorization to award the contract construction will start in January 2014 with substantial completion expected by May 2014

ENVIRONMENTAL REVIEW

In September 2012 the Council adopted Resolution No 12-15 certifying the Final Environmental Impact Report for the Police and Public Works Facilities for purposes of the zone change required for the Police Facility making findings required by CEQA adopting a statement of overriding considerations and adopting a mitigation monitoring program

FISCAL ANALYSIS

The expenditure for the rough grading contract is budgeted in Account 122-800-15-97-751 of the Citys budget for this fiscal year

III RECOMMENDATION

Staff recommends that the City Council

1 Authorize the Mayor to execute Cash Contract 12-09 contract documents with PaIp Inc DBA Excel Paving Company in the amount of $107407200 and

2 Authorize the City Manager to issue a Purchase Order in the name of PaIp Inc DBA Excel Paving Company in the amount of $118148000 ($107407200 base bid and bid alternate amounts and $10740800 for the 10 percent contingency)

-4 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

Attachments

Exhibit A Bid Results Exhibit B - Bid Tabulation Exhibit C - Bid Proposal Exhibit D - Cash Contract 12-09

Exhibit A I

CITY OF SAN GABRItL NOTICE OF BID OPENINGfPROtOSAL

Please provide a copy of the RFPIRFQ plans amp specs addendums ~r any other information which is provided to the contractor with the submittal ofthis form to the City Cterks Office

Date k4f ~ I I

Cash Contract No lL Cgtl RFPiQNO

Date ofBid ~ning tit~ If VL ~poundl ltshy tJ 0 Jlt- ~s

Time otOpening_---__--shyDepartment fIJ lkL W ~IG~ Received Plans amp Specs _Yes _No

ContactlPerson 2rs~ LOrCst)

City Personnel Present

Name cb N Name ~~ 1gt Name

~ eGlt GHlgtrCJ 611 $0 r(gtS-

Title__-+________ Title-------------------shyTitle_______________

Name Title -----~------------

BIDDER 01 lltY1G~NPr C]~

02 ~ fgt)(~ L J)~

03 SO Co I G ~CA-w 04

$

$

$

$

I IAMOUNT I

851J ~ 2$ Z-z F

7~~ 147t Pi)

r=J 44 [ ~8 fl I rJ Q

1 05 $ I

06

07

$

$

I I

I I

I

08 $ I

I

09 $

110 $ I I

I

(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

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BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 2: STAFF REpORT - San Gabriel, California

2 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

In order to ensure that the contractor selected for the grading possesses the necessary experience and expertise for the job the Council previously authorized a two-step process (pre-qualification) and authorized staff to proceed with the process to select those contractors that were approved to submit a bid for the actual job Public Contract Code 20101 specifically authorizes public entities to utilize this pre-qualification process

A total of eight contractors submitted statements of qualifications and were evaluated for compliance with the previously established criteria Of the eight contractors six were selected to be qualified contractors and are listed below in alphabetical order

bull Cal Fran Engineering Inc bull Palp Inc DBA Excel Paving Company

bull Mallcraft Inc bull McKenna General Engineering Inc bull MS Construction Management Group bull Southern California Grading Inc

II ANALYSIS

The bid solicitation for the project included a base bid for the majority of the proposed work as well as two bid alternate schedules that would allow additional work to be awarded in the event that favorable bids came in below the project budget Since the contractors were pre-qualified for this bid process bid packages were distributed to the SLX contractors listed three of whom submitted bids for the project

Bids were received and opened on October 29 2013 The bid results are as shown in Exhibit A and the detailed bid tabulation is attached as Exhibit B Base bid and both bid alternate items were used for the comparison of bids Staff reviewed the bid proposals along with the pre-qualification information and determined that Palp Inc DBA Excel Paving Company of Long Beach is qualified as the lowest responsible bidder The lowest bid of $76347200 for the base bid is 31 percent lower than the engineers estimate of $110667500 Additionally the lowest base bid together with the two bid alternates of $1 07407200 is 31 percent lower than the engineers estimate of $154867500 Given the lower than anticipated bid prices staff recommends awarding the base bid and both bid alternates This will allow for the retaining walls that are necessary for the building phase of construction to be constructed lith the earth moving activities

As an alternate to proceeding with the rough grading portion of the Public Works Maintenance Facility at this time the rough grading could be postponed by one year to allow other Council priority projects to be constructed However the postponement would result in a likely cost increase of not only the rough grading but subsequent Public Works Maintenance Facility due to an increase in material costs and labor costs Additionally the process previously completed of pre-qualification of contractors and bidding process would need to be repeated due to the length of time since the process originated (December 2012)

The site of the proposed facility requires the rough grading to occur regardless of the type of facility that is placed there Due to the existing nature of the subgrade soils at this site it was decided to conduct the rough grading first (under separate contract from the building contractor) to mitigate the

3 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

deficiencies prior to the start of building construction This would allow a dedicated grading contractor to concentrate on the rough grading procedures that are critical for the development of this site

By proceeding with the rough grading of the site the existing waste transfer facility operated by Athens Services would be temporarily shut down (through rough grading operations and construction of the new facility which incorporates an updated waste transfer facility) During the time of construction Athens Senrices would collect waste generated from public works services at the existing Public Works Maintenance Facility by utilizing standard size (three cubic yard) dumpsters and be located in an area currently designated for other operations Athens Services has agreed to provide these services for a period of two years At the completion of the construction of the new Public Works Maintenance Facility the waste transfer station would be reinstated at this new facility If Council elects to proceed with the rough grading and not the Public Works Maintenance Facility the use of the standard sized dumpsters would need to remain at the existing Public Works Maintenance Facility This would require negotiation of an agreement with Athens Services to continue with standard sized dumpsters at the existing Public Works Maintenance Facility Additionally the use of the dumpsters would require modification to the existing facility to accommodate the permanent placement and relocation of other essential public works activities and storage

With Councils authorization to award the contract construction will start in January 2014 with substantial completion expected by May 2014

ENVIRONMENTAL REVIEW

In September 2012 the Council adopted Resolution No 12-15 certifying the Final Environmental Impact Report for the Police and Public Works Facilities for purposes of the zone change required for the Police Facility making findings required by CEQA adopting a statement of overriding considerations and adopting a mitigation monitoring program

FISCAL ANALYSIS

The expenditure for the rough grading contract is budgeted in Account 122-800-15-97-751 of the Citys budget for this fiscal year

III RECOMMENDATION

Staff recommends that the City Council

1 Authorize the Mayor to execute Cash Contract 12-09 contract documents with PaIp Inc DBA Excel Paving Company in the amount of $107407200 and

2 Authorize the City Manager to issue a Purchase Order in the name of PaIp Inc DBA Excel Paving Company in the amount of $118148000 ($107407200 base bid and bid alternate amounts and $10740800 for the 10 percent contingency)

-4 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

Attachments

Exhibit A Bid Results Exhibit B - Bid Tabulation Exhibit C - Bid Proposal Exhibit D - Cash Contract 12-09

Exhibit A I

CITY OF SAN GABRItL NOTICE OF BID OPENINGfPROtOSAL

Please provide a copy of the RFPIRFQ plans amp specs addendums ~r any other information which is provided to the contractor with the submittal ofthis form to the City Cterks Office

Date k4f ~ I I

Cash Contract No lL Cgtl RFPiQNO

Date ofBid ~ning tit~ If VL ~poundl ltshy tJ 0 Jlt- ~s

Time otOpening_---__--shyDepartment fIJ lkL W ~IG~ Received Plans amp Specs _Yes _No

ContactlPerson 2rs~ LOrCst)

City Personnel Present

Name cb N Name ~~ 1gt Name

~ eGlt GHlgtrCJ 611 $0 r(gtS-

Title__-+________ Title-------------------shyTitle_______________

Name Title -----~------------

BIDDER 01 lltY1G~NPr C]~

02 ~ fgt)(~ L J)~

03 SO Co I G ~CA-w 04

$

$

$

$

I IAMOUNT I

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1 05 $ I

06

07

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08 $ I

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09 $

110 $ I I

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(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 3: STAFF REpORT - San Gabriel, California

3 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

deficiencies prior to the start of building construction This would allow a dedicated grading contractor to concentrate on the rough grading procedures that are critical for the development of this site

By proceeding with the rough grading of the site the existing waste transfer facility operated by Athens Services would be temporarily shut down (through rough grading operations and construction of the new facility which incorporates an updated waste transfer facility) During the time of construction Athens Senrices would collect waste generated from public works services at the existing Public Works Maintenance Facility by utilizing standard size (three cubic yard) dumpsters and be located in an area currently designated for other operations Athens Services has agreed to provide these services for a period of two years At the completion of the construction of the new Public Works Maintenance Facility the waste transfer station would be reinstated at this new facility If Council elects to proceed with the rough grading and not the Public Works Maintenance Facility the use of the standard sized dumpsters would need to remain at the existing Public Works Maintenance Facility This would require negotiation of an agreement with Athens Services to continue with standard sized dumpsters at the existing Public Works Maintenance Facility Additionally the use of the dumpsters would require modification to the existing facility to accommodate the permanent placement and relocation of other essential public works activities and storage

With Councils authorization to award the contract construction will start in January 2014 with substantial completion expected by May 2014

ENVIRONMENTAL REVIEW

In September 2012 the Council adopted Resolution No 12-15 certifying the Final Environmental Impact Report for the Police and Public Works Facilities for purposes of the zone change required for the Police Facility making findings required by CEQA adopting a statement of overriding considerations and adopting a mitigation monitoring program

FISCAL ANALYSIS

The expenditure for the rough grading contract is budgeted in Account 122-800-15-97-751 of the Citys budget for this fiscal year

III RECOMMENDATION

Staff recommends that the City Council

1 Authorize the Mayor to execute Cash Contract 12-09 contract documents with PaIp Inc DBA Excel Paving Company in the amount of $107407200 and

2 Authorize the City Manager to issue a Purchase Order in the name of PaIp Inc DBA Excel Paving Company in the amount of $118148000 ($107407200 base bid and bid alternate amounts and $10740800 for the 10 percent contingency)

-4 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

Attachments

Exhibit A Bid Results Exhibit B - Bid Tabulation Exhibit C - Bid Proposal Exhibit D - Cash Contract 12-09

Exhibit A I

CITY OF SAN GABRItL NOTICE OF BID OPENINGfPROtOSAL

Please provide a copy of the RFPIRFQ plans amp specs addendums ~r any other information which is provided to the contractor with the submittal ofthis form to the City Cterks Office

Date k4f ~ I I

Cash Contract No lL Cgtl RFPiQNO

Date ofBid ~ning tit~ If VL ~poundl ltshy tJ 0 Jlt- ~s

Time otOpening_---__--shyDepartment fIJ lkL W ~IG~ Received Plans amp Specs _Yes _No

ContactlPerson 2rs~ LOrCst)

City Personnel Present

Name cb N Name ~~ 1gt Name

~ eGlt GHlgtrCJ 611 $0 r(gtS-

Title__-+________ Title-------------------shyTitle_______________

Name Title -----~------------

BIDDER 01 lltY1G~NPr C]~

02 ~ fgt)(~ L J)~

03 SO Co I G ~CA-w 04

$

$

$

$

I IAMOUNT I

851J ~ 2$ Z-z F

7~~ 147t Pi)

r=J 44 [ ~8 fl I rJ Q

1 05 $ I

06

07

$

$

I I

I I

I

08 $ I

I

09 $

110 $ I I

I

(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 4: STAFF REpORT - San Gabriel, California

-4 Award of Construction Contract for the Public Works Maintenance Facility - Rough Grading November 19 2013

Attachments

Exhibit A Bid Results Exhibit B - Bid Tabulation Exhibit C - Bid Proposal Exhibit D - Cash Contract 12-09

Exhibit A I

CITY OF SAN GABRItL NOTICE OF BID OPENINGfPROtOSAL

Please provide a copy of the RFPIRFQ plans amp specs addendums ~r any other information which is provided to the contractor with the submittal ofthis form to the City Cterks Office

Date k4f ~ I I

Cash Contract No lL Cgtl RFPiQNO

Date ofBid ~ning tit~ If VL ~poundl ltshy tJ 0 Jlt- ~s

Time otOpening_---__--shyDepartment fIJ lkL W ~IG~ Received Plans amp Specs _Yes _No

ContactlPerson 2rs~ LOrCst)

City Personnel Present

Name cb N Name ~~ 1gt Name

~ eGlt GHlgtrCJ 611 $0 r(gtS-

Title__-+________ Title-------------------shyTitle_______________

Name Title -----~------------

BIDDER 01 lltY1G~NPr C]~

02 ~ fgt)(~ L J)~

03 SO Co I G ~CA-w 04

$

$

$

$

I IAMOUNT I

851J ~ 2$ Z-z F

7~~ 147t Pi)

r=J 44 [ ~8 fl I rJ Q

1 05 $ I

06

07

$

$

I I

I I

I

08 $ I

I

09 $

110 $ I I

I

(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 5: STAFF REpORT - San Gabriel, California

Exhibit A I

CITY OF SAN GABRItL NOTICE OF BID OPENINGfPROtOSAL

Please provide a copy of the RFPIRFQ plans amp specs addendums ~r any other information which is provided to the contractor with the submittal ofthis form to the City Cterks Office

Date k4f ~ I I

Cash Contract No lL Cgtl RFPiQNO

Date ofBid ~ning tit~ If VL ~poundl ltshy tJ 0 Jlt- ~s

Time otOpening_---__--shyDepartment fIJ lkL W ~IG~ Received Plans amp Specs _Yes _No

ContactlPerson 2rs~ LOrCst)

City Personnel Present

Name cb N Name ~~ 1gt Name

~ eGlt GHlgtrCJ 611 $0 r(gtS-

Title__-+________ Title-------------------shyTitle_______________

Name Title -----~------------

BIDDER 01 lltY1G~NPr C]~

02 ~ fgt)(~ L J)~

03 SO Co I G ~CA-w 04

$

$

$

$

I IAMOUNT I

851J ~ 2$ Z-z F

7~~ 147t Pi)

r=J 44 [ ~8 fl I rJ Q

1 05 $ I

06

07

$

$

I I

I I

I

08 $ I

I

09 $

110 $ I I

I

(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 6: STAFF REpORT - San Gabriel, California

(909) 594-9702 BID DATE 102912013 Summary of proposals received for (626) 331-8323 TIME 300 PM PUBLIC WORKS MAINTENANCE FACILITY RKA~

Xl

~ -l c -l

~ jIl

CONSULTING GROUP FAX (909) 594-2658

Walnut CA 91789

Sheet 1 of 1 Computed By SRL

Item Description Quantity UnitNo

1 Mobilization and Demobilization 1 LS 2 Construction staking 1 LS 3 Water Pollution Prevention and BMPs 1 LS 4 Remove Buildings 1 LS 5 Site Clearing 1 LS 6 Remove Tree 6EA 7 Site Earthwork and Grading (Base bid) 1 LS 8 Construct Drainage Swale 600 LF 9 Furnish and Install 18 HOPE Downdrain 40 LF

10 Furnish and Install Tapered Inlet 1 EA SUBTOTAL BASE BID

BID ALTERNATE A Overexcavate and Recompation (In excess of

1A Base Bid) 4000 CY 2A Trash and Debris removal (In excess of Base 400 CY 3A Import Soil Material (In excess of Base bid) 1200 CY

SUBTOTAL BID ALTERNATE A

BID ALTERNATE B 1B Construct Retaining Wall 1 240 LF 2B Construct Retaining Wall 2 15 LF 3B Construct Retaining Wall 3 515 LF

SUBTOTAL BID ALTERNATE B

Total Base Bid Total Bid Alternate A (Additional Work as needed)

Total Bid Alternate B (Retaining Walls) Total Base Bid + Bid Alternate A and B

Amount of Proposal Guarantee Surety

Comments

PLACE San Gabriel Excel Paving

Engineers Estimate 2230 Lemon Avenue

Long Beach CA 90806 (562) 599-5841

Unit Price Total Unit Price Total

5200000 5200000 3980000 3980000 1000000 1000000 689000 689000 2000000 2000000 2130000 2130000 6500000 6500000 11300000 11300000 5000000 5000000 21500000 21500000

50000 300000 89500 537000 86817500 86817500 32670100 32670100

5000 3000000 4950 2970000 15000 600000 12200 488000

250000 250000 83100 83100 110667600 76347200

850 3400000 275 1100000 1000 400000 3500 1400000 2000 2400000 875 1050000

6200000 3650000

67500 16200000 40000 9600000 80000 1200000 61000 915000 40000 20600000 33000 16995000

38000000 27610000

$ 110667600 $ 76347200 $ 6200000 $ 3550000 $ 38000000 $ 27510000 $ 1 54867500 $ 107407200

10 Federal Insurance Company

CITY OF SAN GABRIEL - shy -shy

Southern California Grading McKenna General 16291 Construction Cir East 1632 Railroad Street

Irvine CA 92606 Corona CA 92880 (949) 551-6655 (951) 736-7707

Unit Price Total Unit Price Total

2200000 2200000 10000000 10000000 1400000 1400000 3136078 3136078 2872000 2872000 3184871 3184871 6900000 6900000 14635033 14635033 6000000 6000000 4198443 4198443

115000 690000 73176 439056 61220000 61220000 47100000 47100000

4400 2640000 3345 2007000 7900 316000 15983 639320

250000 250000 62721 62721 84488000 86402622

550 2200000 571 2284000 6100 2440000 6765 2706000 1200 1440000 1376 1651200

6080000 6641200

47300 11352000 59991 14397840 60600 909000 64812 972180 31400 16171000 42967 22128005

28432000 37498026

$ 84488000 $ 86402522 $ 6080000 $ 6641200 $ 28432000 $ 37498025 $ 119000000 $ 129641747

10 10 Hartford Fire Insurance Guarantee Co of North Company America

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 7: STAFF REpORT - San Gabriel, California

_______f_c_i_v_=CfiWNf( ~__________ Exhibit C BIDDER NAME ~

CITY OF SAN GABRIEL ~~~ STATE OF CALIFORNIA -17

BID PROPOSAL TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

UNDER THE PROVISIONS OF SPECIFICATIONS FOR

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

TO THE CITY COUNCIL OF THE CITY OF SAN GABRIEL

The undersigned as bidder declares that this bid proposal is made without collusion with any other person firm or corporation and that the only persons or parties interested as principals are those named herein and having carefully examined the site of the proposed work and the plans and specifications therefor proposes and agrees in the event of acceptance hereof to enter into a contract with the City Council of the City of San Gabriel to pertonn said proposed work in accordance with the terms of the aforesaid speCifications and to furnish or provide all materials labor tools equipment apparatus and other means necessary to do so except such thereof as may be otherwise furnished or provided under the tenns of said specifications for the stated prices on the following pages to wit

BP-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 8: STAFF REpORT - San Gabriel, California

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

IN THE

CITY OF SAN GABRIEL CALIFORNIA

BID SHEET AND CONTRACT ITEMS

BASE BID

Item EstDescription Unit Cost Item Total Cost Q1ytamp (includes all labor materials tools and appurtances required to construct the bid item complete and in place)

1l~

1 Mobilization and Demobilization 1 LS $ 4ampfJshy $ lQ8cAJshy

2 Construction Staking 1 LS $eq)shy $ ~~d-

3 Water Pollution Prevention amp Best Management Practices

1 LS $ tlJOdshy $ 2J~middot-

4 Remove Buildings 1 LS $ liS~ $ I I ~ tJl)tr

5 Site Clearing 1 LS $ 2- (ozxt $ Ui011()shy

6 Remove Tree 6 EA $ eq[shy $ 5namiddotshy7

Site Earthwork ampGrading (Base Bid)

1 LS $ JOI $ lu101

8 Construct Drainage Swale 600 LF $ 1tJJ $ lA i()Jshy

9 Furnish amp Install 18 HOPE Oowndrain

40 LF $ ILL $ =18 til- shy10 Furnish ampInstall Tapered Inlet 1 EA $ 81tmiddotshy $ 611 - shy

411 Base Bid Total Price In Figures (Items 1 through 10)

kwN~J t~~~~ oV ~~ Base Bid Total rice In Words (Items 1 through 10) ftJO ~

The City of San Gabriel reserves the right to award the contract based upon the available funds for construction The bids will be compared on the basis of lowest cost for both base bid and bid altemate(s) Bid altemate(s will be included as part of this project at the discretion of the City Council

Submittals not including bids for bid alternate will be deemed incomplete

BP-2

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 9: STAFF REpORT - San Gabriel, California

BID ALTERNATE A

If bid alternate is executed additional working days will be coordinated with the City based on amount of additional work The following items are not subject to adjustment of payment unit prices resulting from increases or decreases on quantities more than 25 percent

Est~ Description Unit Unit Cost Item Total Cost ~

(includes all labor materials tools and appurtances required to construct the bid Item complete and in place)

Overexcavation and Recompaction ) J1A 4000 CY $ $ 1l(Jf)Oshy(In Excess of Base Bid)

Trash amp Debris Removal ~( ~ (Jl) shy2A 400 CY $ $(In Excess of Base Bid) Import Soil Material 1

3A 1200 CY $ $ ~oS1Ji)-(In Excess of Base Bid) 81

3) rngtshyBid Alternate Total Price in Figures (Items 1A through 3A)

fhr~ f~ ~ 7~ JJ4 Bid Alternate Total Price in Words (Items 1A through 3A)

Big ALTERNATES

If bid alternate is executed an additional 30 working days will be added to the contract time

~m Description ~ Unit Unit Cost Item Total Cost JA

(Includes all labor materials tools and appurtances required to oonstruct the bid item oompete and in place)

18 Construct Retaining Wall 1 240 LF $ L())- $ q((J)Ushy

2B Construct Retaining Wall 2 15 LF $ tAUJ-- $ Ofl7lshy3B Construct Retaining Wall 3 515 LF $ 3U)- $ IId ~f7 shy

Bid Alte~1~telolal Price in i(g~res (Items 1B through 3B) 11Mgt~~Fi~~

hJ ampLl4 Bid Alternate Total Price in Words (Items 1B through 3B)

TQTAL BID PRICE

01~ OtJ )

Total Bid in Figures (Base Bid and Bid Alternate)

BP-3

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

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BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 10: STAFF REpORT - San Gabriel, California

Bidders Note Bidder must sign and complete requested information on page BP-5 when applicable

Note (1 ) The City shall mathematically extend the unit price amount and estimated quantity for each item and sum all item totals In case of inconsistency or conflict between the total bid price and the sum derived from the mathematical extension and addition of item totals the sum derived from the addition shall govern and shall represent the bid

(2) If not provided for in the above the unit price amounts for each item shall include all indirect costs (ie permit fee business license fee coordination supervision overhead and profit etc) incidental work (Ie protection of utilities utility Investigation and pot holes work necessary for the protection of life and limb etc) and other work required by the contract but not listed above

(3) Payment for all work on the above items shall be made subject to verification in the field of the actual quantity of work performed

(4) All applicable sales taxes state andor federal taxes and other special taxes patent rights or royalties are included in the price quoted in the proposal

Declaration of the Bidder

(1) That as the Contractor for this project I specifically agree to comply with the applicable provisions of Section 17775 of the Labor Code relating to employment by Contractor and any subcontractor under me of joumeyman or apprentice or worker in any apprenticeable craft or trade

(2) That by my Signature hereunder I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commenCing the performance of the work of this contract

BP-4

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 11: STAFF REpORT - San Gabriel, California

The following addenda have been noted and are attached hereto

Q~) Addendum No(s) Signature cP BROWN PRESIDENT

~M f OtJtl~ Name of Firm

Address 2210 LEMON AVENUE 59g~84ipNG lEACH CA 10808

tamp62) FAX fll2l amp11 HII TelephonelFAX

STATE UC 688=65=9-tmiddotAI--_________

Contractors Classification License No

Signature of Contractor MICHELE E DRAKULlCH ASST SECRETARY

Printed NameITitle

Officers of FirmlTitie

Officers of FirmITitle

CurtiS P Brown President and Chi Executive Officer en ~ Browlllli Vice President end Chief Op8flting 0Iicer BNce E Flatt Vice InIsldent and Chief Fillancial Officer Maltlia S Miller Stcretary Michela E Dtakutlcll AaIstant Seclltay

BP-5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 12: STAFF REpORT - San Gabriel, California

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Los Angeles

before me C Phillips Notary PublicOn OCT 2 9 2013 (Here inIcn name IIId lide or the officer)

personally appeared _---=Co=-Pbull Brown~--Mi=chele~Ebull Draku11ch-_____________--

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me that bclIbeIthey executed the same in bi1dIertheir authorized capacity(ies) and that by Ds6artheir signature(s) on the instrumenlthe person(s) or the entity upon behalfof which the person(s) acted executed the instrument

I certifY under PENALTY OF PERIURY under the laws of the Stale ofCalifornia that the foregoing paragraph is true and correct

WI~ and officialseal

(NowySelI)eshy f _ i

bull

0 c PHIUJPS R 0 ~ COMM 1996177

~~ Notary Publlc-Cellfomla ~ 1 J ~ LOS ANGELES COUNTY I 1 My Comm Expires OCt 29 2016jI ~

bull ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF mE ATTACHED DOCUMENT

(Tide or dIscripIion of auached documenl)

(Tide or descriplion ofllllKhecI documenl colllinued)

Number of Pages __ Document Date____

(Addilional information)

CAPACITY CLAIMED BY ruE SIGNER o Individual (5) o Corporate Officer

(fidc)

o Partrter(s) o Attorney-in-Fact o Trustee(s) o Other _________~------

fNSTRUcnONS FOR COMPLETfNG mIS FORM Ally tlCbttlwl COIIIpIu br ~ ~ tIIt6Iop cmct(y III _aOll or bull odMwP be ptOfIlaquoIy ~ -II tIItfMMtI 10 IItat docvIII n q ~ u If ~ u to be rcconMd _Ide ofCal(fornia I 6UCh illlftlllCU bull alJrmtlltw acbIowNdpl1II _bHIP III IIIq)I be prlIItN CHI nidi bull ~ 60 - rill -mbItIge dou IlOl rcqtlln 110 do IOIMlIthtg u IIlftpI p bull IIOIGr)I

CIIItfOmIa ( c~ IItt tIVIlorlnd ct1pIICIty of 6IgtMr) P- dwd IItt docweIII ClIIIcentlI)lP 1ft1PU _trill wonJUw IIItd IIItIIdt dUorwI VNftIiml

bull Stale IDd CoI8lb iafOllllltioD IIIUIt be be SIIIe and County whIR 1M docwDent sipa(l) penonally appcarecI before the IIOWy public for acknowIedpncnt

bull oee ofnollriallon must be the dale Ihat the tigner(l) pcnonIIly appeIIed which IIlIaI allO be the lime dale the ICknowlcdcment compleled

bull The notary public liliiii1 prine bis or her _ IS il 8ppell1 within his or her commilllion followed by bull comma and then yow title (nolUy public)

bull Prinl the RIIIIe(I) of document lianer(l) who penonally appear al the lime or notarization

bull Indicale the comet IlnJuIar or plwaJ fornu by crossing off ineorreeI fOlllll (ie IMII~ is ) or circlihg the comet fonns Failure to coneetIy Indicate thil information 1liiy lead 10 rejection ofdocumelll recordlna

bull The nollly leal impression must be clear and pholOpaphicaily reproduclblo Impreaion mUll nol cover IeXI or lines If _I impreslion lllllldaea rHeII Ir lufficlenl area permits otherwise complete a dlfferenl adcnowfodampmDnl rorm

bull SlgnalllrC of tho notary publ ic must match the signature 01 file widl the office of the cowrty clerk

ltCo Addilional information is nOI required but could help 10 eNIIe dlls acknowledgment is nOI misused or luadJedlo a different document

~ Indicale tide or type of IlWlhod document number of PlIes and date Indicate die capacity claimed by the Iiampner If the claimed capacity is I

corporale officer indicate the titie (ie CEO CFO SecmeIy) bull Securely alach lhis document 10 the signed document

2008 Version CiPA vI2IO07 800middot87)middot9865 wwwNolamp)Classescom

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

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NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 13: STAFF REpORT - San Gabriel, California

BID GUARANTEE

Accompanying this proposal is a certified or cashiers check payable to the City of San

Gabriel in the amount of $________bull equivalent to at least ten percent

(10) of the total aggregate bid price hereof based on the quantities shown and unit

prices quoted and the undersigned bidder hereby agrees that should it be awarded a

contract on the basis here and thereafter fails to properly execute and return the

contract agreement together with the required bonds in connection therewith within

seven (7) calendar days after it has been delivered or rnalied to him or his authorized

agent the City will be damaged by the delay so caused in an amount that is impossible

to definitely ascertain and which is therefore agreed to be not less than that of the

aforementioned check and further agrees that in such event the amount of said check

shall become the property of the City and may be collected thereby but that otherwise

the check shall be returned

Signed the ___ day of ________ 2013

Signature of Bidder _________________________

Address _______________________________________________

Telephone (

Date ___________California Contractors license ________

State whether individual firm or corporation if firm give names of each member if

corporation give names of president secretary treasurer and manager

Bid proposals which do not show the number and date of the bidders license under the

Contractors License Law of the State of Califomia (page 1591 Statutes of 1929) will be

rejected

Any bid proposal that does not clearly and fully indicate the amount of the bid for each

item thereof will be rejected

BP-6

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 14: STAFF REpORT - San Gabriel, California

BIDPERS BOND TO ACCOMPANY PROPOSAL

KNOW ALL MEN BY THESE PRESENTS That we PALP Inc dba Excel Paving Company as principal and

Federar rn$urance Company as surety are held and firmly bound unto the City of San Gabriel in the sum of Teo Percent of the total amount of the Rig dollars ($ 10 ) to be paid to the said City or its certain attorney its successors and assigns for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors or assigns jointly and severally firmly by these presents

THE CONDITION OF THIS OBLIGATION IS SUCH That if the certain proposal of the above bounden PALP Inc dba Excel Paving Company

to Construct Improvements at Public Works Maintenance Facility-Rough Grading

as described in the Notice to Contractors dated is accepted by the City of San Gabriel Califomia and if the above bounden PALP Inc dba Excel Paving Company his heirs executors administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within seven (7) calendar days from the date of the mailing of a notice to the above bounden PALP Inc dba Excel Paving Company bull by and from the City of San Gabriel Califomia that said contract is ready for execution then this obligation shall become null and void otherwise it shall be and remain in full force and virtue

IN WITNESS WHEREOF we hereunto set our hands and seals this 15th day of October bull 2013

PALP Inc dba Excel Paving Company

PrinqQalC P BROWN PRESIDENT

BP-7

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 15: STAFF REpORT - San Gabriel, California

ro-

ACKNOWlEDGMENT

State of California County of Orange )

on_1_0__1_5_2_0_1_3____ before me _Debra~Swanson~N~otary~Pu-=blic~___ (insert name and tItle of the officer)

personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person) whose nameOO i~ subscribed to the within instrument and acknowledged to me that heJeheAher executed the seme in hlsJMrroheir authorizedcapacitytiee7 and that by hislAerAReir slgnature(~ on the instrument themiddot person~ or the entity upon behalf of which the p8rson(J) acted executed the Instrument

certify under PENALTV OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct

WITNESS my hand and official seal DEBRA SWANSON COMM 1997119 NOTARY PUSUCCAUFOflNtA ORANGE COUNTY COMM EXP NOV

(Seal)

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 16: STAFF REpORT - San Gabriel, California

POWER Federal Insurance COmpany Attn Surety Department Chubb~ OF Vigilant Insurance COmpany 15 Mountain View RoadSurety ATTORNEY Pacific Indemnity COmpany warren NJ 07059

CIittI bullbull

Know All by These Presents That FEDERAL INSURANCE COMPANY an lndiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANJ_a Wiaconlin corporation do each hereby constitUte and appoint DOuglas A Rapp and Timothy D Rapp of Aliso Viejo California

each as their InIe and lawful Al1omey- in- Fact to 6UCIIII under such designldlon in tI1elr namM and I) affbc their COfPOIiIIe seellIl) and deIvet for and Oil hi behalf I$IIUI1ItY lllnon or otIIIrwiae bonda and undlllllkillll and oIhIr wrWngs oblllllDry In the nature thereaf (Other than bail bond) given or IIJI8aJted In IIIe co CIt bu8Ineu and any ill$lNll8nll ametIdIng or altering the AllIe and COIIIIeIItII) the modlficlllon or alIBrI1ion CIt any Inlllllimenl referred to In SIIeI bOnda or cIlIigltionl

In WiCnesS Whftof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have tICII txeCU1ed and aIIIIIIICI til pmenII and aftlxed lheir corporal8 seala 0II1t1i1 18th day of December 2011

STATE OF NEW JERSEY lIS

County of SOIIeI1Iet

On this 16th day of December 2011 before me aNotal) Public 01 NewJlSIV ptnOn811ycam Kenne1h C wendell) m known to be Aulalanl SecretaI) of FEDERAl INSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDeWlrrY COMPANY lIIe ~ which execuIICI he fcregoilll Pcwr of AItDmey and 1ht aid Kenll8ll1 C Wendel being ~ me duly sworn did depose and say that he Ia Aulstelll SecnItary of FEDERAL INSUAAHCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knowa he corpotI1e ampealI thereof that the _II aftIxed to he fOlIgOIng Power of Attorney are such corporahl _Is and WIIfI tlweID aflixed ~ auIhority cA the Bv- LAwa of said COmpanIes and lilt lie signed saki Power of Attotne A$8I118111 satIIyof said Companiel ~ 11M auhoriIy and that Ile 18 acquaintlld with DavId B NcIIris Jr and kIlCMI him to be VICe Plelldent of said Compenlll$ and IIt the slgnatlre of oavld B NorriS Jrbull IUbscriIlecl 10 said Power of Attorney IS inlhe genuine handwriting of David B NorTla Jrbull and WiIIII thereto IIJbscribed ~ IlIIhority of said ByshyLaws and In deponents presence

kATH9fNE J ADEIMR NOTARY PU8UC OF NEW Jf~

Nro2316685 Co~ amppnaJuIy 14 201~

CERTIFICATION

Notal) PubUc

Extract fnlm he By- Laws of FEDERAL INSURANCE COMPANY VlGIVNT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

All powers of atkllney for and on behalf 01 the Company may and shaH be elClilCUted in the name and 011 behalf oIlne Compan) either by the Chairman or he President or a Vice Preaident or an Aasislant Vice Prelldenl joInIIy with the Seeralai) or an Assistant S8a8IIIy under their respectlwl dIIignafIons The signature oflSUCll oIIIt8rs may be engrallld pMIed or lithographed The lIlgnature of each of the folll1Mng omcers CheJrman Presldenl any Va Prealdent any AsIIatanI VIce President any SecretaI) any AlIilIInt Secr8ta1) and the of the Company may be afIixed ~ fac$imlle to eny ICIIftI of attorney or to any 0IIItitlcIte relating thereto appointing Aaliltant SIItI8taIieI or Attorneys- in- Fact for purpoIAlIl only of exeeutlng and ItIestlng bonds and underllkinga and oilier writillll CIlIig8IoIy In the nature 1henIof and any such power of a1torne) or oer1Itlcate beanng IIJch tacaImIll signature Of tacslrnlte seal shall be IIlid III1d bIncIng upon he Company and eny such power 10 CIXICIlted and certified by IUd facsimile slgnatura and f8a8mi1e seal anau be Wild and binding upon he CompalTf with IUptCt to af bOnd or IIIldert8king to Which it Is atlllchedmiddot

I Kenneth C Wanclel AllSilallt SIaeIaty CIt FEOfRAllNSURANCE COMPANY VIGIlANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY

(the Companies do hII8~ C8IIItv IhIt

(I) the foNIgCIng extract of the By Laws of he Companle8l1ltue and cof11ld (U) the CompanieS are duly lieenaed and autJtoriZ1ld to II1r1I8CISUrely businesa in all 50 0I1Ile United S1atee ofAmarIca and the CIItrlct of CoIumtlia and

auItlorlz8d by he US Trauury D~ bther Federal and Vigilant are IitIenHd in Puerto Rico and the US VIrgin lllands and Fedlnll illIcenHd in AmeliCan Samoa Guam anel each 01 tile ProviIceI of Ctnada axcapt Prince Eard Island alKl

(IN) the foregoing Power 01 Attom8jla Itue eorrect and In fuji forte and effecl

Given under my hand and seals of said COmpanies at Wamm NJ IIIIs 15th day of October 2013

IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM VERIFY THE AUTHENTlCITY OF THIS BONO OR NOllFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS LISTEO ABOVE OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656

e-mail luretvCchubbcom

Form 15-1c) 02258- U (Ed 5- 03) CONSENT

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 17: STAFF REpORT - San Gabriel, California

bull bull

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of Las Anedea

OCT 292013On ______________ before me c Phillips Notary Public (Hen inun _ ud tide oflhe oCT)

personally appeared _CP~B~r~own____________________---J

who proved to me on the basis ofsatisfactory evidence to be the perso~ whose namW_ subscribed to the within instrument and aclcnowledged to me that h~executcd the same in histtattbrjr authori7ed capacity(jlt) and that by hi~ signaturc(t) on the inslrUment the person(f) or the entity upon behalfof which the porson(l) acted executed the instrument

I cortifY under PENALlY OF PERJURY under the laws ofthe State ofCalifomia that the foregoing paragrapb is true and correct

WIlNESS my hand and official seal

(Notary Seal)~_~i ADDmONAL OPTIONAL INFORMA nON

DESCRIPTION OF mE ATIACHED DOCUMENT

(Title or descripdoo ofattadIod doewncnt)

Nwnber of Pages __ Dooument Date_____

(Additional information)

CAPACITY CLAIMED BY THE SIGNER o Individual (8) o Corporate Officer

(lltlo)

o Partner(s) o Attorney-inmiddotFact o Trustee(s)o OIDu ______________

lNSTRUCfIONS FOR COMPLETING nns FORM Any laquoInowldpmtt OOIIIpItfld III Cdifoml4 COPJIttIl nrblclp cmcdy til appts lJbaw II 1M S(ctiOll or IqMIfYII cArIow onfI lISt k propmy ~ed IIIId tIttOtItd to tllat dIxwMnI 1M oNy QrqtflaquoI il if ~ is 10 H recordld 9f_rItk oCIlIIQQ i IIIdJ ~u GIll clcf7flltilgtt ~lUgrnerrt rlHat dI may be prIttIad 11ft IIId ___ MI IOIJ 01 writ ~I ttOI ~ 1M noIlry 10 do -tIdnf Mal 11401 bull IICII- lit CAI(fomIa (t1 cmffJbtr 1M tlIIIhtJrizld ~ tflwliper) PIMK dtlctPtl donNfII CtIIifiJIyfor~r~wl1nlJ_4II(I(d dlllfona If~d

bull SIIfo and CoanIy informatiott _ be tbe Sate IIId Codaty wIteIe lIIe doeumeat sigDcr(s) penonUIy appeared be(orethellONY publlclorllliMwtodpleDt

bull Date oC notvizann IrUt be Ibe d~ tbat tbe tipU() penonally IppcIltCI wblch nmuHbeIbeWMte~~~b~

bull Tho nolaly JIIIblie must print hi or her Dame as II appean within hil or filii commission Collowed by bull colllll18l11d IheII your tillo (1I04Ily publio)

bull Print ~o name() of document sipCl(s) wIIo penonaIly appear at dte time of notarization bull bull

bull llldiClaquote the COrrecl sineWII or plwal forms by erwillamp off incorrect fonns (ie tw~ Is file )or circllns Ibe correct Cornu Plilwe to eomcdy Indicate thir informatiollllll) lead to loction ofdooumeot recordingmiddot

bull The noUly IelI impression mUBt be dear and photographically repOducible impression IIIIISt noe cover fe1t or linea If cal impropion 1JIIIIdiu rwcal If sufficient _ permits otherwbecomplete ditrcnntacbowleclgment ronn

bull Sipalllre of IhI aotary public mUBt IlIIItch the ignatIR 01 me with the office of the COlIDty cled

Additional infonnaliOll is noC requind but COIIld help to wure fltj IIdaIowtcdgmeamplt is noc miJused or altacbed to I ditrerenl doeumcllt

(0 Indicate tide or type ofettacIied docwnenl Illllllbor orpages IIId dale lt- Indicafl be capacity claimed by the signor If the ~ capaclty is bull

corporate officer indIcampt$1IIe Iitle (ie COO CPO SccnIIry) bull SCCWeIy at1lidi thIa OOculllllllt to the iped document

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 18: STAFF REpORT - San Gabriel, California

BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE

The bidder is required to state what work of a character similar to that included in the proposed contract he has successfully performed in Califomia and to give references which will enable the City Council to judge his responsiveness experience skill and business standing Said references shall include the name of the supervisor responsive for the acceptance of the work performed

The bidder submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed contract

cJtM C4MMwtraLh eff 11t- ) 136 14JtZ

CIa

BP-8

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 19: STAFF REpORT - San Gabriel, California

NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

PROJECT NAME ----t~lNCiIlMMi~NBIltfiG8lHMI-Nyent--------The undersigned declares

PAlIINCDBA I am the gllDEIT of EXCB PAVING CtJIIIANYhe 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 pe~ury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on

-O~C+TIi2iJ9~20lloo131---- [date) at lONG BEACH [city] [state)CAUPOft~UA

PAIl INCDBA C~~ EXCa PAVIMJ COfttWlaquo

Business Name Signature of Bidder (must be notarized) 2230 LEWON AVENUE LONG 8EACti CA ICIOt

Business Address cP BROWN PRESIDENT Attach Notary Acknowledgement Form to this form when submitting

BP-9

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 20: STAFF REpORT - San Gabriel, California

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

Stlto of Califomia

County of LeIs Angeles

On _O_C_T_2_9_20_13__ before me c Phillips Notary Public (HIR inMn 1liiie and tide of Ihe om)

personally append _cPB~rlown~____________________---

who proved to me on the basis ofsatisfactory evidence to be the perso whose n~ isl_ subscribed to the within instrument and aclcnowledged to me that hcAdrampldmprexecuted the same in hisIMnlthe authorized capacityQtt) and that by hisllwilatk signature(t) on the instrument the personsect) or the entity upon behalfof which the pcrson(l) acted executed the instrument

I certify under PENALTY OF PERJURy under the laws ofthe State ofCaUfomia that the foregOing paragraph is true and correct

c~ ~~~ 1 S i~~ COMM 1996H7 lt li~middotmiddot Notary Publlc-CallfQmla i I bull ~ lOS ANGELES COUNTY II ~j ~ ~ - MyComm amplires Oct 29 2016 ~e bull

(Nofaly Seal)

bull ADDmONAL OPTIONAL INJIORMATION

bull DESCRIPTION OF THE ATIACHBD DOCUMENT

(Title Of dcscrip1l0li oruched docwnml)

(Tide or ducripdoo ofatudIed documeAt continued)

Nwnber oCPages __ Docummt Dato____

(Additional infonnation)

CAPACITY aAIMED BY THE SIGNER o Individual (s) o Corporate Officer

(Title)

o PaJ1ner(S) o AttomeywinmiddotFact o Trustee(s)o Other ___________

INSTRUcnONS FOR COMPLBllNO 1HJS FORM My illCAMtrlttlpttrll eompeted Itl CAIfoIftI4 111111 _hr RrlHott QQcfIy ar appmrJ lIboYe Ite tIOIIJrY SKlHm or I IIp(IIIfU illCkMwlalprMtform lUI pNpIrIy f1fNd fINI tlllitltMd to llotit ~ 7JIc oNy ~ Is If I docrurtntI II 0 rcCOldu mllsidc 11California Iff SlIde ~ t1lfI IIItfllftlttt1r ~~_~M~N~M~~~_ YCr6iap _ Mt lCffIir tIN tw1tlIIy to -Itt dtat llqaIlaquo MtarJ III CalIlaquorIIa (i ~ 1M lIIIIIIIm1ztd alptldt1 qgMrJ p- ~tlte docwunl CtII(iiIyfor pnf1IIT ~wwdinr tIItd1IIt__ ifnupllrtd

bull Seete and County infonaation IIIIISI be rile SlIde and Cuuoty wMre Ihe docwneftt aipcr(s) pcnoaaIly appeared beCoce the DOIIry pllbliclordnowledpnellt

bull Dice or noWizatioll mllSl be die dIM tbat k aipel() pnonaJly Ippcared which must also be be wne date Ih6 ampcknowledjllllllrlt is complClCtld

bull The IIOWy PQblk must print his Of bCl Dame u it IflPCIIIS within his or Iw colllllliniollloUowcd by a COIIIDIIIIIId IheII YO title (1IOIIly public)

bull Print die name(a) of doCUlMllt signcl(a) who penoalIy appear at Ihe time (If lIOwUatlon

bull Indicate the correct inguJar Of plural forms by Cf08$inamp of iDcolTecl forms (ie Ms~ is fA )Of clrclina the comet rontlf FOlW to correctly Indicate this information 1lIIY Iead to rojection ordOCUlllelll reconlJng

bull The IIOWy au illlplNSion mUit be clear and photopapllicall) reproducible lrnpmsion must not COTCI tIxt or 1ill000 If sea1 ImpmIiOll Slllldges _I Ifa sufficient ares permit othcrwllcl complete dLtferent ICbIowiedgmait formbull

bull Signalln of be IIOIary public must match the liptvre on file wid the omce of the county cllaquot

ltQo Additional infonnatlOll is nol nqulred but could help to CIIIlIIe tid acknowledglneat Is lloC mlBuaed or lllacilcd to I different docwneat

(0 Indicate tide or type ofatWIIod dOQWMllt IIU1Dbcr of pIIOS and 4ate lt- Indicate Cbe capacity claimed by 1M signer If 1M clalqd capeoily is I

corporate officer iIIdlcd die title (ie CEO CPO Socmary) bull Secllrey at18Cll tbl OOeumeot to lite igned document

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 21: STAFF REpORT - San Gabriel, California

LIST OF SUBCONTRACTORS

In accordance with Public Contract Code Section 4104 the bidder shall set forth the name and business address if each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (12) of (100) percent of the total bid and the portion of the work to be done by such subcontractor

Name and License of Subcontractor Business Address amp Work to be done by Phone Number Subcontractor

~ 6lL S)1( G z Sc- t~ ~ ~~ tahCtC4afMIhJ ~ lwttv ltM- tfl6 1 ~~ 1k1n7 ~J

BP-10

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 22: STAFF REpORT - San Gabriel, California

-

NONCOLLUSION AFFIDAVIT TO8 EXECUTED BY BIDDER AND SUBMITTED WITH BID

Sata of Cilifornia County of LOSAHGaES IS

() C~ BSOWN being flrse d~poal and IY thlt he or he (2) SIOEJfi of (3) EXCIL~e the plrtv making the foregoing bid that the bid I not me ent~middot ntrbullbullt oft or on behalf of any undlaclosed peraon partnership company alloclatlon oranlzltlon or corporation that the bid genuine and not caHulve or sham that tha bidder hal not dlrecty or indirectly Induced or sollcfted any other bidder to put In bull fabullbullbull or ham bid and has not directly or Indirectly coHuded conspired connived or agrbullbulld with any bidder or anyone else to put In a sham bid or that anyone shafl refrain from bidding that the bidder hes not In any manner directly or Indirectly sought by earement communication or conferenc with anyone to fix the bid prlca of the bidder or any other bidder or to fix any overhead profft or C08t element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract that all statements contained In the bid are true and further that the bidder has not dlrectlv or Indirectly submitted his or her bid price or any breakdown thereofr or the contenta thereof or divulged Information or data relative thereto or paid and will not pay any fee to any corporation partnership company association organlutlon bid depository or to any member or agent thereof to effectuate a collusive or sham bid

(41 ~ PHESIOENT

Subscribed and sworn to before me on ~OCIlllT~2~9_21)1_3_______

Notary Seal (6J_~~--=--l4~_____

(11 Name of person signing on behalf of Contractor (mvst be authQrized to sign contrltilt1l1 (21 Title (3) Name of Contractor (4) Signature of Conlraclor (51 Signature of Notary

GRMeI110 7898E

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

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Page 23: STAFF REpORT - San Gabriel, California

Exhibit D

CONTRACT

CASH CONTRACT NO 12-09

THIS AGREEMENT made and concluded in duplicate this ___~__ day of 2013 between the City of San Gabriel party of the first part and Contractor party of the second part

ARTICLE I Witnesseth that for and in consideration of the payments hereinafter mentioned to be made and performed by the said party of the first part and under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed the said party of the second part agrees with the said party of the first part at his own proper cost and expense to do all the work and furnish all the materials necessary to complete in a good workmanlike and substantial manner and to the satisfaction of the City Council as follows

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

As described in the Notice to Contractors complete and ready for use in accordance with the specifications adopted by the City Council

ARTICLE II The Notice to Contractors Instructions to Bidders Contractors Proposal and the Specifications and all amendments thereof when approved by the parties hereto or when required by the City in accordance with the provisions of the Specifications copies of which are attached hereto are hereby incorporated in and made part of this contract by reference

ARTICLE III And the said party of the second part agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement also for all loss or damage arising out of the elements or from an unforeseen difficulty or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City Council and for all risks of every description connected with the work also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work and whole thereof in the manner and according to the plans and specifications and the requirements of the Engineer under them as set forth in the contract documents thereof

C-1

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

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Page 24: STAFF REpORT - San Gabriel, California

CASH CONTRACT NO 12-09

SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING

ARTICLE IV City hereby promises and agrees with the Contractor to employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and for the aforesaid bid amount of $ and hereby contracts to pay the same at the time and in the manner and upon the conditions set forth in the specifications and the said parties for themselves their heirs executors administrators successors and assigns do hereby agree to the full performance of the covenants herein contained

ARTICLE V Contactor acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions Contractor further acknowledges the provision of the State labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract

C-2

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 25: STAFF REpORT - San Gabriel, California

IN WITNESSETH WHEREOF the parties to these presents have hereunto set their hands the year and first date written above

CONTRACTOR CITY OF SAN GABRIEL

Mayor

City Manager

The above bidder is (complete City Clerk one of the following)

[] An individual doing business under his own name

[] An individual doing business under the firm name of APPROVED AS TO FORM

City Attorney [] A firm or co-partnership the name thereof and the names of aU individuals or co-partners composing the same being as DATED follows

Firm Name _________

Members __________

[] A corporation the name state of incorporation and officers of which are as follows

Corporation Name

State of Incorporation

Officers

C-3

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 26: STAFF REpORT - San Gabriel, California

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of ---___----____ _______ Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The conditions of the foregoing obligation is such that whereas said Principal has been awarded and is about to enter into the annexed contract with the City of San Gabriel for the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on their part to be done and performed at the times and in the manner specified therein then this obligation shall be null and void otherwise it shall be and remain in full force and effect No premature payment by said City to said Contractor shall have actual notice that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this _____ day of ________ 2013

Principal Surety

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

On this day of 2013 before me ________ a Notary Public in and for said County and State personally appeared known to me to be the person who executed the within instrument on behalf of the corporation executing the same

Notary Public in and for the County of Los Angeles State of California

C-4

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5

Page 27: STAFF REpORT - San Gabriel, California

BOND FOR MATERIAL AND LABOR

KNOW ALL MEN BY THESE PRESENTS

That we as Principal and as Surety are held and firmly bound unto the City of San Gabriel State of California in the sum of Dollars ($ ) lawful money of the United States for payment of which sum well and truly to be made we bind ourselves jointly and severally firmly by these presents

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of San Gabriel for the the SAN GABRIEL PUBLIC WORKS MAINTENANCE FACILITY SITE GRADING as described in the Notice to Contractors according to plans and specifications filed in the office of the City Clerk of San Gabriel and to which reference is hereby made for all particulars and is required by said City to give this bond in connection with the execution of said contract

NOW THEREFORE if said Principal as Contractor in said contract or Subcontractor fails to pay for any materials provisions or other supplies teams or equipment about the performance of the work contracted to be done or for any work or labor done thereon of any kind said Surety will pay the same in an amount not exceeding the sum set forth above and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court

The bond is executed pursuant to the provisions of Chapter 3 of Division S Title 1 Government Code of the State of California and shall inure to the benefit of any and all persons entitled to file claims under Section 11921 of the Code of Civil Procedure of California No premature payment by said City shall have actual notice that such payment is premature at the time it is ordered by said City Council and then only to the extent that such payment shall result in loss to such Surety but in no event more than the amount of such premature payment

WITNESS our hands this day of 2013 The premium for this bond is included in the payment of the bond for Faithful Performance

8y ___________________ 8y ______________________

Principal Surety

C-5