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Contracts & Agreements_93-2009_CCv0001.pdf
4 � AGREEMENT THIS AGREEMENT,made and entered into this 22'day of June,2009,by and between the City of Redlands,a Municipal Corporation, organized and existing under the laws of the State of California,hereinafter referred to as the "City," and Marwan Alabbasi of the City of Riverside, County of Riverside, State of California, hereinafter referred to as the"Contractor." WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Citywide Sidewalk and Curb Cut Improvements project,complete,all as shown,specified,and made a part of Contract No. 243170\43027,CDH Project No. 111-32111\2906. 2. For the Contract Sum of$415,093.00,in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within thirty five(35)work days from and after the date of the Notice to Proceed. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are,and will continue to be,impracticable and extremely difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein,to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond,Payment Bond,other required documents,Federal Labor Standards Provisions contained in Part 11 of these Supplemental Specifications,Plans and Specifications,all referenced specifications,and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees from and against any and all claims,,losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. CD-22 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3,Chapter 1,AO ticle 1.5 of the Public Contracts code' (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this casefrom filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a;third party claim in relation to this Contract, the City shall timely notify the Contractor. The City shall be,entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 3 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests underthis agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself,its partners,successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the City and Contractor. 14. Federal Labor Standards: This project is subject to Federal Labor Standards. A copy of Federal Labor Standards Provisions(HUD form 4010)is attached to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By: Mayo ,City of Re Cqufity of San Bernardino,California ATTEST: i City, erk City o County ofSan Be o,California /�arWav► A(A ,o 6 Name of Contractor J I CONTRACTOR SEAL By: E �1 ignature of Au ed Agent Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) tyly6 I Contractor's License No. CD-24 WORKERS' COMPENSATION INSURANCE CERTIFICATION CITYWIDE SIDEWALK AND CURB CUT IMPROVEMENTS CONTRACT No.243170143027,CDH PROJECT No. 111-3211112906. Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. 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. (Labor Code Section 1861) Date Name-o, f Contractor h I By: Sigfiature of Authetl Agent Owyat- Sc,le- Signatory's Title ,6(-t I Contractor's License No. CD-25 EXECUTED IN 2 ORIGINALS PREMIUM:$14,528.00(SUBJECT TO CHANGE BASED UPON FINAL CONTRACT PRICE) PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"),and Marwan Alabbasi (hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated June 22"d,2009,and identified as Contract No.243170143027,CDH Project No. 111-3211112906,is hereby referred to and made a part hereof,and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City, NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the sum of FOUR HUNDRED FIFTEEN THOUSAND NINETY THREE AND 00/100 —dollars ($ 415,093.00 )for the payment of which sum well and truly to be made,we bind ourselves, our heirs,successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal,his orher heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions,and provisions in the said agreement and any alteration thereof made as therein provided, or his or her part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents, and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including attorney's fees incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. INI WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on JULY 8 2009. Bond No, 349930-P MARWAN ALABBASI (SEAL) INDEMNITY COMPANY OF CALIFORNIA —(SEAL). Principal Surety VL l3v: Signature By- Signaiure FRANK MORONES Address: 534 E. BADILLO ST. COVINA, CA 91723 (Notarial Acknowledgment of Principal and Surety} Telephone: (_§26J 859-1000 CD-26 Acknowledgment State of California ) County of_ rRi.verside ) On W 1 0 0 before me, Karen Gardner notary public personally lb ere/in�sert name and title of the officer) appeared I ' L tt�y t �I T� t bti 'S'L who proved to me on the basis of satisfactory evidence to be th ersog4 whose name(�&re subscribed to the within instrument and acknowledge to me tha he she/t ey executed the same In &i er/their authorized capacity(ii), and that by ii, her/their slgnatureK.) on the instrument the person(-'f, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd official seal 7 r r KAREN GARDNE= C .3, Signatur Q COMM. #1683824 � NOTARY PUBLIC-CALIFORNI:r. RIVERSIDE COUNTti COMM,EXPIRES JULY 25 20 P0 WE R, 0E" A OR N F�Y FOR DEVELOVERSSURETY AND INDENINM COMPANY IN D E N1 N I TY CO�I PAN)! 0 F C A L I FO R N Lk PO 13(lX 19725,IRVINF.CA 92623 t949) KNOW ALL MEN By nfSL MASM I& Mm "C11 as WNW WWRI DEVEL01MRS SMINT! AND WDEMNOY LONY'ANY mW INDEMNITY C0t,-1!'ANfOF CALWORNIA,"Cub-B."'Y Mako Cmshdwe wd app"M: ***Phillip E. Vega, hank Moronesi jointly or severally*** a,N!heir true And kiwfiul AnIorney(si-in-Fact,to make,exco,11C,deliver 2nd adnmOM,Rw mcl on Col-Porations,ns sureties,iio,ws,Lnj(lor(nkings and cmumNs orstropip 00, w PUNY UM 011 Atiornqnywom R in be done in connection wo,ewkh as such ni'sid corpemTotu couW&h" 0 p""d n"th"'Al 10 A and M Wrn"cry w nansury mpww m-Pa, all ofmc nos orsid Anunwy(sph.h.,pioNumlthesek,q la each dQQ,obpMVWns I'ull power ol'submindtion and revocation,wd W pmwmq om ho-Any mONd and cartl'imA, hhis Nmu ut"My k Wed hY buhnrih under and by nwho Dl-'�VrLOPF'AS SURF"FY AND IND&MI'lN CON'lPAN'Yand!NDI-,�MN!TY wy OrIA Allowing't"'Mahm"Alw"Y W"Nwa l'Imb 9 Dirocirin at' (710MCKINY OF CAUPORMN c!kclin as nfNnwmhn h 2M): RESOLVED,Wt Ow C' Int only 3=5 he!'r aunt nQ my Yen Fircsidena arme cyTowin.&,A w, & t,f he emlodc PuwvN ofAuomcy,,+,,,Iit'yang tie:; c,t nainctj in Inc , nrAnionlcy in cxeculn'on bo ll(M'hc SumW910the c0rinc,numm be,and udi of cheat nw&y aq,W,Wd Po-ei ofWio-,vrcy; to a!!est rite ex ut,in,:=,1Fary succi RHMXVET tRTHKIT,Tm We Ag"Mras ors,,,f, tc.s be nnued in my wn Power infAmm"y oao my caWk,a, U,,Kra,, filcsiin0c'andwlymroll Powcr a0ramq m-11M-c Katy se in-"-or�nc wlin r0p�ct to any bon,ondunikIky or wromw A"Ac"W a"NMI%"n"Me COWW""m'Acn q0 aMX01 am! in is,loceco IN WUNKS WH PRIEF, D14VALOPITS SURI ,YAND INI)f,,mim ry COMPANY*0 !NDIM\''JYCCIV MANY OF CALITORNIA have womdo conw,j irrcsc prc,cnas in bcejnctl by Ma"w!'"M"Fwcud"Vice PIT"dum on!M;nwd by Greir res;at`nwe Acmmy W, Itis d, C IwA H Wwdw AND pANy 0 C rlcl�- fat 1, f�' I- -CCT Hy 10 10 if:�i r�tl 9 6 7 1 q 3 6 A 1:,owel S,-,L,;�,y I te, "Q 1 b X A Ann? ,S]Ni'L OF CALIFOItNlk COT UNY OR F OANG: On Occonbiar i,2005 be M,Um L.Anw, Noimy Polo Mew own ntarwarld!title ofilm aakaL pen moly upmmd Dnh it JJ+i! R C ro.u.l! perso't a!'v tinct,rt tc+r tc(sir jsaived !{,i.e on I c h•i�:;s of ti s!iei,ctut •evidence,:o t,;: iosicumcn(nnd Is c,tce we WOW We NMON s L Or he ol 0 1 upon nw=WWnhrawhhkQhkO au Toond aTad 11"in A I'm Q HAMM""QW MW Wn Q hm aimm WITNESS try hand rind ot•ficiajjsojj. IE(o GINA L.GARNER COMM.4 1569561 Sigovwc (S F-A L) NOTARY PUBLIC CALIFORNIA (yxoi 3: ORANGE CC 0 UUN T Y CERTIFITATE, Ser myol'DEVITOPE RSSJit TY AND lND"MNffy COMPANY und t,NCAL lr()'1,.,NIA dooshv"by rerlity 0"a'M1c TOINg PiAm"rAvomy mnawn;4 GH Warcc wW ho mq hmn wookuk md Qobonm,w,0, We ,&,, ,, 110 0 d1c a vfAumcy,nm,-1 511c as 0 Me daw HiQ Cowpoare AN CmAcne 0 ax"umd in Kc Chy oF ir,,inc, 8TH r JULY 20-09 By it HKO"I An"m Qcws-y ws ti 5A CAL&FORMA ALL-PURPOSE ACKNOWLEDGMENT State of 'Ca ilornia County of ORANGE On 7/08,109 before me, Philip Vega, Notarypublic Osta Here insert Nsrne an nu a c ,cer Personally appeared Frank Morones nma z c nor(F) r who proved to ire on the basis of satisfactory evidence to be the person(i) whose nam4i$) is/gre subscribed to the phi within instrument and acknowledg Sid to me that LJP V 7799666 r / Nexecuted the same in hid h O Keir aUtharize trrrriicnNotary pu by® capacity(�:1s), and that by hiR,'h�et�%Heir signatur"(s) on the Los Ari Ias County instrument the person(4), or the entity upon behalf of x rr 1 y 31,2012 which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foreggifig paragraph is true and correct_ WITNESS ray hand and `tial sial. Ptace Notary-Goal Atova Signature+ cigt Ot Notary PuBtic OPTIONAL 1 hough the information below is not mquired by 11;a; it may prove L 4tuable to persons rp,tyin' and could prevent fraudulent ramovai and reattact, rhe document ent of this Ivan la anothr�r do nt, Description of Attached Document 5 Title or Type of Document Document 72ie: Number of Pages: S cgner(s) Other Than Nsrned Above: Capacity(ies) Claimed by Signer(s) Signer's Njaine: E. Signer's Narne�_ individual On Individual Corporate Officer Trtie(s) 0 Corporate Officer--Title(s): 0 Partner--•L Limited C General ----------Partner�- 0 Limited CJ Caen eral M Trusted --- Attorney in Fact C Attorney in Fact lop o.rnum�nerd 0 Guardian or Conservator � Ci Trustee � Top at mumb Here 1-1 Guardian or Conservator 7tr;er. V D Other; I i Signer is Representing: j ---- € Signer is Rii�pres2ntitt;;__ t E r � j I 72007 s ,G1a, dria^/k5p.,r�?^EU' �u56J S�icFv0:,P,G,EaX24??2 ..h3iE°Ja11h CA 1 =3"cr,2rv.•a;trPl rl7;'14`ti;t -'•," , .m. Mme _...... EXECUTED IN 2 ORIGINALS PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as"City"),and Marwan Alabbasi(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated June 22",2009, and identified as Contract No. 243170143027, CDH Project No. 111-3211112906, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient labor and materials payment bond,with the City to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Pan 4 of Division 3 of the Civil Code of the State of California, NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and all contractors,subcontractors,laborers,materialmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of FOUR HUNDRED FIFTEEN THOUSAND NINETY THREE AND 00/100 415,093.00 dollars($ )for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3 082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and rernain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN, WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on JULY 8 2009. Bond No. 349930-P MARWAN ALABBASI (SEAL) INDEMNITY COMPANY OF CALIFORNIA (SEAL)_ Principal Surety A Signakre By: Signature FRANK MORONES Address: 534 E. BADILLO ST. COVINA, CA 91723 (Notarial Acknowl ledgments of PtLncipal and Surety) Telephone: (_q?6_)859-1000 CD-27 Acknowledgment State of California ) County o�f} Riverside --7 — ( ()- -! ) On — � ()- 0 9 before me, Karen Gardner notary public personally f} (here Lea name and title of the officer) appeared M�Y' (.t� Ctyi /`T I J� b V ea S who proved to me on the basis of satisfactory evidence to be the personK) whose name) is/are subscribed to the within instrument and acknowledged to me that she/thy executed the same in h her/their authorized capacity(i�), and that by (9her/their signature on the instriument the person'-'f, or the entity upon behalf of which the person(A acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my han 4officalse Signatur r � _ KAREN GARDNER U COMM. #1683824 (�• ffi NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY COMM.EXPIRES JULY 25,2010 `' POWFR OF,0"FORNI?VFOIZ UILVELOPERS SURF-I'1' ,NND lN`DEN-1,N, `lTYCONlrANNOF C.WFORPNIA PO I I0 X 19725, 1 RVINr'_C:A 92623 (949)263-1100 KNOW ALL MEN BY THESE PRESENTS, Own exwpl as mmyssly limited. DEVELOPERS SURETY AND !NDEMNaY CONWANY mW INDEMNITY COMPANY OF CAL!FORNIA,uoe3crl,ocrc`'t nlnlafzonstiune and aprloiro� ***Ph!Mp E. Vega, Frank tilorones; jointly or severally*** As W am and h0ul AttornCY(s)-hi-Fact,to mike,execute,deliver and acknow-laige,fur turd on behalf'OfShid corporations,as surcides,hands,undevinkings and contracts arswayship own wed grunting nm said mwmqyW&FW Full power and midwrly in do and 10 perforrll every act necosmjq.rcquisile or proper it)be done in cooticoion lainewith as each of said aviufmiJorts awk!dm Nu reserving in each orsod vapriarwhms N11 power dwAk"m rind nwinnion and all of the nos ol'suid Aitonwy(shin-lbun pumuml to[MR WMWK am Hwy MMA and confirmed. Vhic Power ot'A;lot:i0y k gr;nlicid tind is m6lod by f"Icsinlile(111derili"d by i1wholify ot'Clic following rcsoltnions ndopwd by 0a:re,,,pecliv,Board of Directors of DF,VFL0PI--,AS SLJIR'F�TY AND NMWNUY CON11PANYfind 1INDEMNITYCOMPANY OF CALIFORNIA.ellective as ot'November 1.2000: RESOLVED,My,Me Ch"mm of Burl We Pro"M and"y Yet:President at'Me corpurminn he,and to encla o" in Amy w nutsov it) c"umi:Powers oCAUtom,qoa!iuying ow ioiorfayts)letmod io'Ile PilweravfAnorlay lit execute,on'behalf ofthc bonds,iioderiakiii�s kind conll;lcls Ammyna mW Tai the Sniviary or any AsAmmn Scamiary of the nor ormAns he.and each of Won hooly I a"wky io most I c"en"o&my such Power nt'A"onw, RKStXVEM FURTMIR,Mw me vagnmams or sink t0lurs rarty A li'llmd to any"A lWww"f Ammmy am to my cmitknic mlmmg nwain by Animil"and any venh Power of of for mKOewe heymy s=h 5"MYR Sl"IMCS AA A Valld Sill hinds g upon the coqumnitm u,lvt so aMxcd Aml in 111L-h!,Ire Wool CSPcca!(I a"Kiwi.mh""T v. vnown oWayho W w4oh A 6 meekd, ;N%WTNASS=1711ROK nVVVlrAl`lAS SITRWIAND INMiMNITY COMPANY,ctrl!NO`l-,,ANFl YCOMPANY OF CALWORNIA h"c wvuAy net no MW Presents M A Qaed by 0.lespvto-c WM"kT Vic NWWMI and.,low n by Oak re coni:kwum,on Int A Dew"00% NMI", AND Dws H RhAw FnWify" m A" i&n' r0 0 00 OCT. OCT 10 19 3 6 WA=X crowel swiv;try b S 1 l'o C'I F C A 1,1 F 0!t-N 1A COUN't YOF ORANGE On i 2005 be.`ore,me,Gina L.Grner, Noinry public Mae Own famm mQ 01 of aMmL pmony,qNWW D. R R%&,,! 6 mean Me hams ol'salishmoly cvwene)whu die Pmowsl whos"MmIgo NAMSAWANd M me WM0 burimmint;fad Mmmlalpd W no AW hahMhuy newted Me tit's e h hWher,'Weir awhorind eHpckjhL alai}thy 4 WCOMed Synalum(Al on Me inifirrvan the poinsoNsy of ow anoy upon kimiror which Ow NirsmqQ nw!eunuol the Wminvimmt, WITNE.SS,my hand And Oft"Xinlitell. 0 q A 4 P k-A GINA L. GARNER 4 COMM 4 1569561 NOTARY PLISLIC CALIFORNIA (SEAL) ORANGE COUNTY jy Comm expires May 13 001 CERTIFICATE, The undvt'signcd,as Assisiaiit Sevrowl,of DEVELOPERS SUR!7Y AND WDEVINVI YCOMPANY and IN01",NINITY COMPANY OF C,\LIFORNIA, don brumby Wn4 TM We Tophy Pmmr e Alromey mmis 4 IN force mW lin mq Stan w"Kil and lNum,rn ow Ac pmy",ns v on xfoaw;aw of, me mspm6ve HouNs or Dimmors of sld mirpm5m;sLt fi; h 4 dy Rinwr aAommy rim ir%=as A Me d.0 01 Cw0Aao:. Thl Cenleav n exaviedm me cv,v&&,coo,,m(: 8TH ay or JULY 2009 Ani By AWn HW*w? An"M Smsir), CALRFORNRA ALL-PURPOSE ACKNOWLEDGMENT Stat' of California County of ORANGE Cin 7/08109 before me, Philip Vega, Notarypublic Cate !tare+78e71 NaMa oild Titio of t h c officer ' persionally appeared Frank Morones amn o 9+gr(sl r who proved to me on the basis of satisfactory evidence to be the person(i) whose name) is/gre subscribed to the within instrument and acknowl �g to me that he/48 l6 tl executed the same in hi / /�tieir authorized capacity('r s), and that by hi_d/I�e+7their signatA(s) on the Ptt'Li � � rn nstrurrent the person(), or the entity upon behalf of Commission t 799866 Notary Public a California which the person(4) acted, executed the instrument. Les Angeles County M err .Expires May 31,2012 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 an off ial seal. Signature t Piam NoWgj Seal Atma ns e of Notaty Pu"!ic OPTIONAL % Thoogh the information below is not mquired by la%, it may move vatuL�ble to persons r`� ;�n thn docomont and could prevent lrauduleet removal and roottacoment of this form.to anothoTe cumont, ,} z Description of Attached Dcoument Tite or Type of Document: Document Cath: Number or Pages: S,gner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Nerner Signer's Nettle: E] Individual 0 Individual u Corporate Officer---Title(s): El Corporate Officer--Title(s): 0 Partner--- Limited V General :,_i C Partnor—©Limited 0 General 0 Attorney in Fact El Attorney in Fact 0(e Top of mumu Hare M Trustee Top of cnu r`1 Trustee ! * Guardian, or Conservator `, l 'Guardian or Conservator * other, J Other: i Signer is Representing: � � Signer Is Representing: I &2J r Nott..atNinarwAsao aulon -2,350!7n5a3okjo,Re,D;x2402.Ora"to.®1?,CA'1?,n-24C2, _ Pa..ur,,_Cot voL T€s i-�1v-5"�-5827 ATTACHMENT D SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING DELEGATE AGENCY Minority and Women-Owned Business Enterprise Participation This form is designed to assist the County of San Bernardino in complying with HUD regulations by reporting the amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises(M/WBE's)for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds$10,000. "Minority owned or controlled!"means that 51%or more of the company's ownership or controlling interest in the company is held by one or more African Americans,Native Americans(including American Indians,Eskimos,Aleuts,and Native Hawaiians), Hispanic/Latino Americans,or Asian/Pacific Americans(including persons whose origins are from Japan,China,the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific,Northern Marianas, Laos, Cambodia, and Taiwan),or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled"means that 51%or more of the company's ownership or controlling interest in the company is held by one or more female persons. City Sidewalk and Curb Cut Improvements CDH Project No. 111-3211112906 City Contract No. 243170143027 $ 14)5`, 0936 0a Total Bid Amount Contractor: mcv-wm _16MO Contractor Name Address -------------- A Federal I.D.Number City/State/Zip V S 9-Lo, Portion of bid amount to be performed by Contractor Phone Number Minority owned or controlled? Yes ANo If yes,which minority(ies)? Female owned or controlled? Yes A No Subcontractors/Suppliers: .......... Subcontractor/Supplier Name Address Federal I.D.Number City/State/Zip ST 06 0 ............ Subcontract/Supply Amount Phone Number Minority owned or controlled? Yes No If yes,which minority(ies)? Female owned or controlled? Yes ANO CD-28 Al lAC;HMLINI' D Minority and Women Owned Business Enterprise Participation (CONTINUED) 5 co t c o- '2 t We-s t._'F00A\iA . Subcontractor/Supplier Name Address - - ---- 11 Federal I.D.Number City/State/Zip Subcontract/Supply Amount Phone Number Minority owned or controlled? ( )Yes { No If yes,which minority(ies)? n�l Female owned or controlled? ( )Yes No 3) Subcontractor/Supplier Name Address -------- -..-...__--------------_.- ____.._.....- _............. Federal T.D.Number City/State/Zip $ Subcontract1Supply Amount Phone Number Minority owned or controlled? ( )Yes ( )No If yes,which minority(ies)? Female owned or controlled? { )Yes ( )No 4) Subcontractor/Supplier Name - — Address Federal I.D.Number City/State/Zip $ SubcontractJSupply Amount - -J- v- Phone Number--- --- — Minority owned or controlled? { )Yes O No If yes,which minority(ies)? Female owned or controlled? ( )Yes ( )No 5) Subcontractor/Supplier Name Address _.......- .-._......_... .............._.... -._ -----._........---.-..._..._....._... .........._.__._..... ._.._.._..... --....__...._.__...........--- ._......_._...._..._........_._._._... Federal I.D.Number City/State/Zip -- --- ...................-.._.__...........- ._.._...,.......- _ ._... --...._........ -......._.__..............--.............. --... -._...__........---..... ...-.....---..._....-... Subcontract/Supply Amount Phone Number Minority owned or controlled? ( )Yes ( )No If yes,which minority(ies)? Female owned or controlled? ( )Yes ( )No (Use additional copies of this form as needed to provide information on all subcontractors/suppliers.) CD-29 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO: City of Redlands DATE 7 los I Oct CONTRACT NUMBER(If any) C/o 243170\43027,CDH Project No. 111-3211112906 PROJECT NAME CITYWIDE SIDEWALK AND CURB CUT IWROVEMEWS 1. The undersigned,having executed a contract with the City of Redlands for the construction of the above- identified project,acknowledges that: (a) The Labor Standards Provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5 (29 CFR,Part 5)or pursuant to Section 3(a)of the Davis- Bacon Act,as amended(40 U.S.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an eligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors,a subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is:_ c-A (1) v"A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) (4) OTHER ORGANIZATION(Describe) CD-30 (c) The name,title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS )() L)a, sore- lovaiizoz) N4wav) -Z,,rol-t 9 (d) The names and address of all other persons,both natural and corporate,having a substantial interest in the undersigned, and the nature of the interest are(if none, so state): NAME ADDRESS NATURE OF INTEREST (10 V1 E�- (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are(if none, so state): NAME ADDRESS TRADE CLASSIFICATION (0'4 0 VAA SUMA SW *tWO Mamco Inc A�?-,, C-evQW ecA-" Date: -7/ 0 (Contractor) By: k WARNING U.S. Criminal Code, Section 1010, Title 18,U.S.C.,provides in part: "Mioever, . makes,passes,utters,or publishes any statement,knowing the same to be false . . . shall be fined not more than$5,000 or imprisoned not more than two years,or both." CD-31 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING-WAGE REO UIREMENTS TO(Appropriate Recipients): DATE -7 C/o CONTRACT NUMBER(if any) 243170143027,CDH Project No. 111-3211112906 PROJECT NAME Cmtwme SMEWAIX AM CURB CUT BE M 1. The undersigned,having executed a contract with coo A\At'�'�S, for A T-10, Now" (Nat=of Work) in the amount of in the construction of the above-identified project,certifies that: (a) The Labor Standards Provisions of the Contract for construction are included in the aforesaid contract. (b) Neither he nor any firm,corporation,partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.60(b)of the Regulations of the Secretary of Labor,Part 5(29 CFR,Part 5),or pursuant to Section 3(a)of the Davis-Bacon Act,as amended(40 U.S.C. 276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an eligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 2. He agrees to obtain and forward to the Contractor,for transmittal to the recipient,within ten days after the execution of any lower subcontract,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements,executed by the lower tier subcontractor,in duplicate. (a) The workmen will report for duty on or about(Date) 3. He certifies that: (a) The legal name and the business address of the undersigned are: &A ct 7 0 (b) The undersiped is:,, (1) A SINGLE PROPRIETORSHIP 3 A CORPORATION ORGANIZED IN THE STATE OF (_eAl'% �G i (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) CD-32 (c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS s' (d) The names and address of all other persons,both natural and corporate,having a substantial interest in the undersigned,and the nature of the interest are(if none, so state): NAME ADDRESS NATURE OF INTEREST r , (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are(if none,so state): NAME ADDRESS TRADE CLASSIFICATION (Subcontractor) (S. a ) f (Typed Name and Title) WARNNG U.S.Criminal Code, Section 1010,Title 18,U.S.C.,provides in part: '*Whoever, . makes,passes,utters,or publishes any statement,knowing the same to be false . . .shall be fined not more than$5,000 or imprisoned not more than two years, or both," CES-33 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS 1, 101cif q 'as prime Contractor for Contract No.243170\43027,CDH Project No. 111-32111!2906,hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this contract,I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract,a wage not less than the highest wage applicable to their work classifications,as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply,prime Contractor shall make written request to County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions,the higher wage must be paid for that classification. The prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. h Signktur'6,fride Contract&--" Title(Owner or President) —7 C� Date CD-34 CERTIFICATION OF CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Contract No. 243170143027, CDH Project No. 111-32111\2906 INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause;and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CONTRACTOR'S CERTIFICATION Contractor's Name: ok o, S Address and Zip Code: C- 1. Contractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause. Yes 0 No 0 (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes 0 No 0 (If answer is yes, identify the most recent contract.) 3 Contractor has filed all compliance reports due under applicable instructions, including SF-100. Yes 0 No 0 None Required 0 4. If answer to item 3 is"No,"please explain in detail on reverse side of this certification, Certification-The information above is true and complete to the best of my knowledge and belief. Lame and Title of Signer(Please Type) "Al Signature Date CD-35 CERTIFICATION OF SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Marwan Alabbasi 243170143027 CI)H Pro`ect No. 111-321 I 1\2906 s NAME OF PRIME CONTRACTOR CONTRACT NUMBER INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in an y revious contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name f Address and Zip Code. 1. Subcontractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause. Yes El— No ❑ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No ❑ 3. Subcontractor has filed all compliance reports due under applicable instructions, including SF-100. Yes ET--`No ❑ None Required ❑ 4. If answer to item 3 is"No,"please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of signer(Please Type) Signature ° Date i 1 CD-36