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CC - Item 5F - Crosswalk Installation Project Jay Imperial Park Project No. 28011 - Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER V. DATE: NOVEMBER 13, 2018 1_ orE o7.Y.Y�i7_�Il:il►`E:111I_�111I_11Y[I]r; ' 1117r171=KNIM1i51911:7/1M6T.17:� PROJECT NO. 28011— AWARD OF CONTRACT SUMMARY As part of the City's Fiscal Year 2018-2019 Capital Improvement Program, the City Council approved the Crosswalk Installation Project for Jay Imperial Park. The project consists of the installation of a crosswalk, curb ramps, sidewalk, street lighting, and other miscellaneous costs for the Jay Imperial Park. Jay Imperial Park extends from San Gabriel Boulevard to Falling Leaf Avenue, and is bisected by Pine Street which runs north -south dividing the park into two sections. There is no connection between the two sections of the park. A crosswalk installation is proposed to allow for an east - west pedestrian crossing from one side to the other. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Crosswalk Installation Project Jay Imperial Park Project No. 28011; and 2. Authorize the City Manager to enter into a contract with CEM Construction, Corp, in the amount of $67,000 plus a 10% contingency of $6,700 to cover for unforeseen construction expenses. A Notice Inviting Bids was published in local newspapers and trade publications on October 25th and November 1st, 2018. Only one sealed bid was received by the City Clerk until 10:30 a.m. on Wednesday, November 7th, 2018. The bid results were as follows: Rank Bidder Location Bid Amount I CEM Construction, Corp Downey, CA $ 67,000.00 Staff has reviewed the bid documents for completeness and investigated the contractor's background and recent projects for competency. It has been determined that CEM Construction, AGENDA ITEM NO. 5.F City Council Meeting November 13, 2018 Page 2 of 2 Corp. is the lowest responsive bidder and is qualified to complete the work as specified for this project. CEM Construction, Corp. has previously completed public works projects for the City of Rosemead, City of Diamond Bar and other municipalities. FINANCIAL REVIEW This project was included in the Fiscal Year 2018-2019 Capital Improvement Program Budget from the following two CIP projects: 1) $64,000 from Crosswalk Installation Project -Measure M funding 2) $16,000 from Sidewalk Replacement Project — TDA funding ESTIMATED PROJECT COST Description Amount Base Bid Amount $ 67,000.00 Construction Contingencies $ 6,700.00 Total Contract Work $ 73,700.00 Contract Administration $ 6,300.00 (Notices, Reproductions, Inspection and Staff Time) Total Project Cost $ 80,000.00 ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Implementing Guidelines. STRATEGIC PLAN IMPACT Strategy 3: Increase Vehicle and Pedestrian Safety. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: 4 afael M. Fajardo, P.E. City Engineer Submitted By: 6` Rey Alfonso, P.E. Director of Public Works Attachments: A. Plans, Specifications, Project Location (Available in the City Clerk's Office) B. Proposal Attachment A Plans and Specifications (Available in the City Clerk's Office) Attachment B Proposal CITY OF ROSEMEAD CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK PROJECT No. 28011 NOTICE INVITING BIDS CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2018-24 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 1030 o'clock a.m. on Wednesday, the 71 day of November, 2018, and they will be publicly opened at 11:00 a.m. for CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK PROJECT No. 28011 The project is located at 2361 Pine Street Rosemead, CA 91770 and consists of striping, sidewalk installation, ramps, streets light and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The base bid engineer's estimate for this project is $50,000.00. The successful bidder shall have THIRTY (30) calendar days to complete the work. Liquidated damages shall be $500.00 per working day. Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569- 2177, for a non-refundable charge of $25.00 and $40.00 if mailing is requested. All prospective bidders must register with the office of the City Clerk's in order for your bid to be considered responsive. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof . of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of.the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. NIB- 1 The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be ,licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Service Agreement is proposed for November 13th, 2018. Dated this Ericka Hernandez City Clerk 2018. Publish: October 25 & November 1, 2018. NIB- 2 CITY OF ROSEMEAD CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK PROJECT No. 28011 INSTRUCTION TO BIDDERS TABLE OF CONTENTS Iffm Page 1. AVAILABILITY OF BID DOCUMENTS......................................................................................1 2. EXAMINATION OF BID DOCUMENTS......................................................................................1 3. INTERPRETATION OF BID DOCUMENTS................................................................................1 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK.......................................2 5. ADDENDA......................................................................................................................................2 6. PREPARATION OF BIDS.................................::...........................................................................2 7. ALTERNATE BIDS........................................................................................................................ 3 8. MODIFICATIONS OF BIDS.......................................................................................................... 3 9. SIGNING OF BIDS......................................................................................................................... 3 10. BID GUARANTEE (BOND)...........................................................................................................4 11. SUBMISSION OF SEALED BIDS.................................................................................................4 12. DELIVERY AND OPENING OF BIDS.......................................................................................... 5 13. WITHDRAWAL OF BID ................................................................................................................ 5 14. AWARD PROCESS........................................................................................................................ 5 15. DESIGNATION OF SUBCONTRACTORS...................................................................................5 16. LICENSING REQUIREMENTS..................................................................................................... 6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID ......................... 6 18. INSURANCE REQUIREMENTS................................................................................................... 6 19. REQUIRED BIDDER CERTIFICATIONS..................................................................................... 6 20. BASIS OF AWARD; BALANCED BIDS.......................................................................................6 21. FILING OF BID PROTESTS.......................................................................................................... 7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS ...................................... 7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS.......................::...............................•.....•.•7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS; LICENSES AND FEES .................... 8 25. EXECUTION OF CONTRACT ........................ ......... ......... ......... ......... ......... 8 26. OWNER RIGHTS.........................::................................................................................................. 8 27. BIDDER'S RESPONSIVENESS....:................................................................................................8 28. BIDDER'S RESPONSIVENESS CHECKLIST..............................................................................8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS.....................................................9 30. RESPONSIBILITY CRITERIA......................................................................................................10 Iffm INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure ofBidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents: The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" General Conditions ITB - 1 Part "B" Supplementary General Conditions Part "C" Technical Provisions Part "D" Appendix Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor ofthe Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes; additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise; the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contactthe Development Services Departmentto verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda; if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on basis n of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope otwork, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSINIILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one ofthe joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amountnot less than 10% of the TotalBid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting aproposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. ITB - 3 If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand coiner thereof: Bid of (Insert Name of the Company) for CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received bathe Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a B idder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified Y9 in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance ofthis Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid licenses) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. ITB - 5 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture ofthe Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms . B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid; the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Proi ect Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must bean admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) ofthe Total Bid Price, andthe Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and PaymemBonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. ITB -7 The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception.. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is ajoint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed; can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion ofworkto be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. YOM Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficren- cies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the colttractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 CITY OF ROSEMEAD CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK PROJECT No. 28011 CONTRACT BID FORMS BIDDER: "yYV) ( 0 �7 CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE.............................................................. SECTION 2 BID DATA FORMS......................................................... 2.A BID BOND........................................................................ 2.13 LIST OF PROPOSED SUBCONTRACTORS ................. SECTION 3 NON -COLLUSION AFFIDAVIT ..................................... CBF -14 1 10 5 .......................::.......... ................................... 6 ................................... 7 10 CEM Construction 8207 Brookgreen Rd. Downey CA. 90240 -115INIZI SECTION -BID SCHEDULE CBF -1 BIDDER: (ESA Constnictinn 8207 Brookgreen Rd. Downey CA. 90240 BID SCHEDULE SCHEDULE OF PRICES FOR CROSSWALK INSTALLATION PROJECT JAY IMPERIAL PARK DD/ATFf'TNn 78011 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ (0.7 -00' 5 i X-4 ul.. � V'-YI Y YIOt h in written form CBF -2 UNIT OF MEASU EST. UNIT ITEM NO. ITEM DESCRIPTION RE QTY. PRICE COST 1 Clearing & Grubbing per plans LS 1 2i �Jd U and specifications. See ��oo technical provisions TP -2, TP - 3 & TP -4. 2 Disposal of Waste Materials. LS 1 pv 2 1-G a 3 Install Signing and Striping LS 1 OV Improvements as indicated on I bc'a C I i the plans complete 4 Install Caltrans Street Light EA 1 Pole Type 15 with 8 feet mast arm and LED Luminaired equivalent to 250 watts HPS including conduit connections to existing circuit complete. 5 Remove Existing, Dispose and SF 1000 Construct 4 -inches thick PCC Sidewalk per SPPWC Std. Plan 113-1. 6 Construct 8Inches PCC LF 500 3 �� l�7 620ZD retaining curb only. 7 Remove Existing, Dispose and EA 2 Construct PCC Curb Ramps o ov per SPPWC Std. Plan 111-5, Case B, Type 1. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ (0.7 -00' 5 i X-4 ul.. � V'-YI Y YIOt h in written form CBF -2 BIDDER: OEL4 r®ncfirurtion 8207 Brookgreen Rd. Downev CA, 90240 Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code); arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) if project is not completed in THIRTY (30) calendar dam CBF -3 CEM Construction BIDDER: 8207 Brookgreen Rd. 0 Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 0" 900 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 By: Signature Cvti,3�, o CCA rf,'it Type or Print Name V t .L V r25 i Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: CEM Construction BIDDER: 8207 Brookgreen Rd. Downey CA, 90240 5��-7 Op Business Street Address f2own-e-9 C 0- �o2yv City, State and Zip Code Telephone Number Cft C a tri (to �e5u5 Gr�fY�llt� Bidder's License Number(s): G ro 1 23 c./ Department Industrial Relations I 0c) V p O 6 16 G Registered No. NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -5 CEM Construction BIDDER: 8207 Brookgreen Rd. Downey GA. YU24U BSECTION 2 ID DATA FORMS CBF -6 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT W Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the CROSSWALK INSTALLATION PROJECT—JAY IMPERIAL PARK as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and fiunishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20. Principal Signature CBF -7 (SEAL) Surety Signature BIDDER: qpm (^oRgtr Gtgon 8207 Brookgreen Rd. Downey CA. 90240 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. BIDDER: : EM Constructi0n roo green Rd. 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) Downey CA. 90240 [**Duplicate Next 2 Pages if needed for listing additional subcontractors.* *] Name and Location of Subcontractor Description of Work to be Subcontracted Name: ?C ---L Address: c, -7c5 ct 170 2 License No.: 5 >2 z y o 2 Department of Industrial Relation Registration No. l U 1000 � 6 g % Name and Location of Subcontractor License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration CBF -9 BIDDER: CEM Construction 07 Brookgreen Rd. Downey CA. 90240 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: L C 71 CY�`-'---en ky.C'. I%1ho c,,� cvk-Rego► ; Name and Address of Owner 'sok L Tru Name and telephone number of person familiar with project (P�� QODd OiC2 �Qr,y��� i2 ► Contract amount Type of Work Date Completed 2.N ���(� o'� a1�w Itt t�fac� y�aleWv�� cn qo3�� Name and Address of Owner 1 1�o 310 `i �2'Sr1 ► NAme and telephone number of person familiar with project fcv����� Contract amount Type of Work Date Completed 3•(3a S�3 G 04Y C" A C-2 031 110 (YC4rL VA TO r'At C- N e and Address of Owner S „ to G� �� Name and to ephone number of person familiar with project /k Contract amount Type of Work Date Completed CBF-10 1 BIDDER: CEM Construction 8207 broo–Fg—reen Rd. Downey CA. 90240 4. C4) D* 'Dimmytid 1-zr, 21 $1G Cupie-) Dv,Ve n rv,ohd t i c� Name and Address of Owner ,62sho,� cloct • 3-7m •0-7ci y and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -11 CEM Construction BIDDER: 8207 Brookgreen Rd. owney .90240 SECTION 3 NON -LOLL USIONAFFIDAVIT CBF -12 BIDDER: CEM Construction 8207 Brookgreen Rd. NON -COLLUSION AFFIDAVIT Downey CA. 90240 In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, 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, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name l/r-C-C Fr4- Title C(,,-_ Cyk?SFr�-tam Bidder Subscribed and sworn before me This 1 day of O 0 20 !� (Seal) Notary Public in and for the State of California My Commission Expires: CBF -13 Bond No. CSBA-9208 BIDDER: C.E.M. Construction Corporation Bidder shall submit its Bid data, in accordance with the7 format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Formsare properly identified with the Bidder's name and page number. 2.A BID BONIi KNOW ALL MEN BY THESE PRESENTS: THAT C.E.M. Construction Cor oration as Principal, and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the CITY' O RROSEMEAII (hereinafter called. the OWNER) in the sum of Ten Percent of Amount Bid ($ 10% ); being not less than ten percent (Io%)oftheToWBid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has. submitted a bid to the OWNER to perform all Work required for the CROSSWALK I TSTALLATION PROJECT — JAY IMPERIAL PARK as set forth in the Notice inviting Bids and accompanying Bid Documents, dated November 7th, 2018 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) fmmishes the required insurance certificates and endorsements, and fiumishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 5th day of November 2018 C.E.M. Construction Corporation (SEAL) Developers Surety and IndemnityCompany.{vE J.) Principal rety ��� y By: BShaunna Rozelle Ostrom 51gna e 5lgnatnre Attorney -1n- Fact CBF -7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Or On 11/5/2018 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RUDY URIETA Y WITNESS my hand and official seal. �� ccmr 21a9s2 PJoary PuUlic California ! �` . OR�IlGE COUfyTY �° --�"—� - i yComm E:plres1u114, 2020 Signature(Seal) Rudy Urieta Bond No.CSBA-9208 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BYTHESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, conattute and appoint: ***Shauna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones; jointly or severally'** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or properto be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed, - This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. - RESOLVED, that combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. AMu By'""`%i!"-�3 J��'oR anq NOPCPTw3v3 C?>; Darnel Yemg, Sandia r Vice -President w€ 1936 6� By: L 5 x.a•�09pFORtAP a� Mark Lansdon, Vice -President '•„dp"*.... `' AaAFo A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the, truthfulness, accuracy, or validity of thafdocument. State of California County of Orange On February 6, 2017 .before me, Lucille Ravmond NotarvPublic Det. - Here lmwrt Name and Va of Ma Mar personally appeared Daniel Young and Mark Lansdon Nanafe) of signarfe) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/hautheir authorized y— capacity(ies), and that by hismer/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCiLLE RAYMOND which theperson(s) acted, executed the instrument Commission # 2081945 r=e.^ Notary Public - California n Z Orange County My Comm. Expires Oct 13, 2018' Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature v - `— Lucill Eby ond, Nlic - otary Pub CERTIFICATE V _ The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full farce and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey are in force as of the date of this Certificate. _ This Certificate is executed in the City of Irvine, Califomia, this 5th day of November 2018 2 f AND k:,g7xidY D y .......... ....ONodi�y2 y,L� LAF'Oi} w 1936 By, o Cassie J, unmoral, Assistant o Se tary vP jAL�F...... .. 'fir "�LfFd7Rk ATS -1002 (02/17) _ o ..... h- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document. State of California l County of LOS b�-e (ef J} E�" On f ( 1 a / X 115 before me, � C^% �Yt t Not -ail P,,4b IES Date Here Insert Name and Title of the Officer personally appeared Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shfs4l�ey executed the same in his/4ei�thelr authorized capacity(ies), and that by his/.{{their signature(4on the instrument the person(* or the entity upon behalf of which the person(t) acted, executed the instrument. SANGMAN OH 0Notary Public - California x z� Los Angeles County Commission N 2242935 My Comm. Expires Jun 14, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public WV I wlmm� Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document p Title or Type of Document: �.� Document Date: f I in h 10 f c Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Lid 6e es9A -t Numberof Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: