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Case Pacific Company
V TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT PAGE MILL ROAD STABILIZATION PROJECT THIS AGREEMENT, made, executed, and entered into this 25th day of September , 2012, b.y and between he Town of Los Altos Hills a General Law City, hereinafter referred to as the Town, and Case Pacific Company , hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the PAGE MILL ROAD STABILIZATION PROJECT. Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal to the City Council, entitled'EXHIBIT"A,"Proposal to the City Council'and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within Fifteen (15)working days from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. 1 Contract Page Mill Road Stability Project Project# (1r IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. TOWN OF LOS ALTOS HILLS A General Law City City manager ATTEST: a/Alifee City Clerk,Town of Los Altos Hills CONTRACTOR. By Title Tim Rueda, President 2 Contract Page Mill Road Stability Project Project# NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL State of Cal itbrnia ) SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of Santa Clara ) On before me, notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 3 Contract Page Mill Road Stability Project Project# • • RESOLUTION 52-12 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE PAGE MILL ROAD STABILIZATION PROJECT WHEREAS,the City Manager recommends that the contract for said project be awarded to the lowest responsible bidder, in an amount not to exceed $300,000; and WHEREAS, the Public Works Director recommends that funds of $30,000 be made available for construction contingency; and WHEREAS, the City Manager recommends that funds of$30,000 be made available for inspection and testing of said project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that: 1. The City Manager is hereby authorized to award a contract with the lowest responsible bidder in an amount not to exceed$300,000. 2. The Public Works Director is hereby authorized to approve contract change orders in an amount not to exceed $30,000. 3. The City Manager is hereby authorized to execute necessary contracts with an inspection and testing firms in an amount not to exceed$30,000. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of September, 2012 by the following vote: AYES: Larsen, Waldeck, Mordo, Radford, Summit NOES: None ABSTAIN: None ABSENT: None BY: -e---1/\ " 'eh La . ayor Resolution 52-12 Page 1 ATTEST: 2e. V/eif/1/ Deborah Padovan, City Clerk Resolution 52-12 Page 2 id V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189 .E- ynoto armraOSfloysri-r.M.octO“orktor. �-r .rte;..-`.-croT.rn.�-�:.s^S.oo n-.oo0oo�.-c r..�r.,. i State of California s County of San Luis Obispo ri On Sept. 26, 2012 before me, Jacqueline A. Lewellinq, Notary Public 1 Date Hero Insert Name and Title of the offer l personally appeared Tim Rueda Namos)al Signer(s) who proved to me on the basis of satisfactory y. evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/olle/mey executed the same in ' - NI IE his/I,CI/tl ;c authorized capacit ees ,, and that by illf rrMb Can• _._lillNR [ his/148414@k signature(s) on the instrument the r j Nary Public•CANE Si[ person(e), or the entity upon behalf of which the \' 'V7ys Sm Luis Obispo County persons)acted, executed the instrument. ♦Comm.Erlem Mr 17,2015 certify under PENALTY OF PERJURY under the ' laws of the State of California that the foregoing paragraph is true and correct. I WITNESS my hand and official seal. R Place Notary Seal Above . . . slenarvrr. . .y, .,,am r f. OPTIONAL - n Though the information below is not required by law,it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ') Title or Type of Document: Contract- Page Mill Road Stabilization Project • Document Date: September 26, 2012 Number of Pages: 23 • Signer(s)Other Than Named Above: >e Capacity(ies)Claimed by Signer(s) Signer's Name: Tim Rueda Signer's Name: • • i;L Corporate Officer—Title(s): President ❑Corporate Officer—Title(s): • • ❑ Individual RIGHTThUMEPRINT H Individual RIGHT THUMBPAINT OF SIGNER OF SIGNER • ❑ Partner—L Limited PI General Top Of thumb horn --I Partner—11 Limited LI General Top or thumb here e H Attorney in Fact C Attorney in Fact H Trustee '-Trustee ) g, H Guardian or Conservator ❑Guardian or Conservator _' Other: .Other: Signer Is Representing: Signer is Representing: Case Pacific Company 2010N. NOTARY 76-Oe2,;ocF.wwuww<:ar:�-far u-u-sT-�e•�n"-t;eew-rumen 02010 Nallonal Notary Aasoalarlon•NationalNorary.ory•1-800-US NOTARY 0.600.876.6927) nem P5907 iI +� GENERAL LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 Fremont Road, Los Altos Hills, CA 94022 Attention: Richard Chiu Jr. Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: Starr Indemnity & Liability SISICNP07013112 2. Policy Term: From: To: Endorsement Effective Date: 3/1 /2012 3/1/2013 9/21 /2012 3. Named Insured: Case Pacific Company 4. Address of Named Insured: 2121. Ardmore Road Paso Robles, CA 93996-7199 5. Limit of Liability Any One Occurrence/Aggregate$1,000,00051aA9e;#eb ;O(:b deo 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): 7. "Claims Made"coverage: Retroactive Dale: Tails: B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town. its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c)premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED; As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials,employees or volunteers;or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or(2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (I). 4 Contract Page Mill.Road Stability Project Project# LI 4. SEVERABILITY OF INTEREST: The Insurance afforded by this policy applies separately to each Insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials,employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown In the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1 R0DNEY j NILLI?1 (print/type name), warrant that I have authority to bind the below-listed insurance company and by my signature hereon do so bind this company. n ~-47()LQ��—ITh Signature of / Authorized Representative (original signature on endorsement furnished to the Town) ORGANIZATION: SIM INDOMITYFIfABIII(I'(OMPAaTITLE: cr. UUPERWBITER h ADDRESS: FOOD 4JIIINIIZE �1�� tDl uGCI)'} LI 'W11ELEPHONE: 213 3 . 100 5 Contract Page Mill Road Stability Project Project B i✓ V AUTOMOBILE LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS,CA 94022 Attention: Richard Chlu Jr. Public Works Director A.POLICY INFORMATION 1. Insurance Company: Policy Number: ST&RR fNAEmNITY & I4A( lm' CalAPANY 0)1K/10122,1212 2. Policy Term: From: ?/01/2012 To: 9/01/1m3 Endorsement 2Effective Dale: 3. Named Insured: (AN: PAOFit (�plf'AN1' L 4. Address of Named Insured:7121 ARp4DRE QUAD PAio ROM l'A 41344- 1111 5. Limit of Liability Any One Occurrence/Aggregate 51,000,000.00 6. Deductible or Self-Insured Retention(Nil unless otherwise specified): 7. 'Claims Made'coverage: Retroactive Date: Tails: B.POLICY AMENDMENTS This endorsement is Issued in consideration of the pokey premium. Notwithstanding any Inconsistent statement in the policy to which this endorsement Is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as Insured with regard to damages and defense of claims arising from: (a)activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c)premises owned,leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a)work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary Insurance as respects the Town,its elected or appointed officials,employees or volunteers;or stand In an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event,any other Insurance maintained by the Town, its elected or appointed officials,employees or volunteers shall be excess of this insurance and shall not contribute with It. 3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured, which is at least as broad as Insurance Services Office form for Automobile Liability,Code 1 Cony auto'). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim Is made or a suit is brought, except with respect to the Company's limit of liability. 25 Contract Page Mill Road Stability Project Project tl V 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town. Its elected or appointed officials,employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C, SIGNATUREOF PHI INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER ROW {'t)III PJ (print/type name), warrant that I have authority to bind the below-listed insurance company end by my signature hereon do so bind this company. Signature of Authorized Representa ive (original signature on endorsement furnished to the Town) ORGANIZATION: STAU Mar a Li4 tint miAPArK TITLE: .t r. U11DERiggiTCR ADDRESS: {a11 Lig AMEVA r{' {UTELEPHONE: 2/3.Th.lair 26 Contract Page Mill Road Stability Project Project H V WORKERS COMPENSATIONIEMPLOYEES LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 Attention: Richard Chiu Jr. Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: Chubb Group of Insurance Companies 004472909100 2, Endorsement Effective Date: 9/21 /2 01 2 3. Named Insured: Case Pacific Company 4. Employer's Liability Limits(coverage B) $1,000,000.00 B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement, 2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town,its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER ROWE( POIU.IPS (prinUtype name), warrant that I have authority to bind the below-Is ed Ins/iurance company and by y signature hereon do so bind this company. Signature of ( -7 Authorized representative' (original signature on endorsement furnished to the Town) ORGANIZATION: (TARP IUPF/dtJlfy 9 bout(( omPAf'r TITLE: 5.0• VN+)� MRi�" ADDRESS: iUlb Wu)IIIReRLVP.105AJGFLL[S,(A¶1 TELEPHONE: 713,5'0.7 H8 27 Contract Page Mill Road Stability Project Project N V V Tomtit lam**Hills 1.08 A.Yas.+llild(''The'S n'i ft aAbl MAMA unvo q atllaihcirt. .1 irdihrdealdr: Plis tEELIVKIMEOFINSORKR011 tmd*hare;uiaL111et11lvineddillilBed'tldldkdhNMkhanWindislaetmednamadtetmvenddre room ..02NOW tki . _ Aaron 2121 AVPNBRE RAV, PAO beat, CA 914 9eeatkitle0VlYi1 attoaticS (1IDdoshionsit4h9 trotraW iliaddLanUalDir woo. PaIJ tasty o INSURaRs: �Y �Pa�'SA!3$. . --1-l:ftpl[t(IYlati ;, Y d jpimgVI 1 Esier4 Wan gtnIDbdaahpl 1`74t1bliaVFa'pdtAlitialalO1AAe8 N /7{113; ',• t i p$cVfl ,uaa` r Iueei�+erptih;QnB O niiOrss tSbISw :LW it ',Tab-4114Weem Ian 4/a1F '+'i fur SISIOnINgt Buse so t'dity'U*1 F 'bl4man EInsurer ' �LIN, .1111/2 BbvaMYa t alnEic1dbbl C•at b1inetarnfe Lbah '.stdbdbm SaflfXD1l0212 • r l % ma 1 A f taa .and:Aldptiti d ou du i w�pqtee .dab pp�r rrmm' hone 1lq .nOcemplea,011101 00 • POS4grd b u Wcd1 da na i uW Kid pyllmed;enniSdasaneaa POEboixmidm ..pla. b lmne! Wiii* 110 LII 1hb4npeOddiiddeldningbabe T awatM.no&.ni• ' aulalYPdb RY± 040014inde ComelletIt` Sp ': • i Yia$' ;Na St.L. alandMhlwtwb. -- _ ta K r+a lis . il; uzaNe de pr to ' , ithonaVmada WPA31 %I i cmlmal. .'Yi'a© Fro'X x _,. - :iv,,R • Lvd �y1 , ompitiawanthaonteewm -: :InP NM YPetT stt vast dmdaBaawuapaalknbioret RN Contrast Papal Reed SIab%'Pm4et Pio s 4 ri This certificate Is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies fisted herein. Not withstanding any requirement,term or condition of any contract or other document with respect to which the certificate or insurance may be issued or may pertain, the insurance afforded by the poiclee described herein is subject to all the terms,exclusions and conditions of such policies. STLRR INDEMNITY & UAgmTYYoMPANY Agency or Brokerage Insurance Company 'A PARK AVENUE, 7'" p1eog NEN felt,Of 16622 Address H• , Office ` _ • Name of Person to be Contacted A I • 'red Signature q/al/2att Telephone Date NOTE: Authorized signature may be the agent's, if agent has placed 'insurance through an agency agreement with the Insurer. If Insurance is brokered, authorized signature must be that of official of insurer. 29 Contract Page Mill Road Stability Project Project ft vi • Bond No. 12072791 TOWN OF LOS ALTOS HILLS Premium:$2,977.00 STATE OF CALIFORNIA PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Los Altos Hills, State of California, has awarded to Case Pacific Company hereinafter designated as the "Principal," a contract for PAGE MILL ROAD STABILIZATION PROJECT, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. The Guarantee Company NOW,THEREFORE,we the Principal,and of North America USA as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of Two Hundred rorty Eight Thousand Sixty and No/I on-DOLLARS ($ 248,060.00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bounded Principal, his/her or its heirs, executors,administrators,successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their 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 Town of Los Altos Hills, its officers and agents as therein stipulated, then this obligation shall become invalid;otherwise it shall be and remain in full force and virtue. Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under 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 additions to the terms of the Contract or to the work or to the specifications. 11 Performance Bond Page Mill Road Stability Project Project# IO IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of September 24 ,2012,the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. (Corporate Seal) Case Pacific Company Principal By (Acknowledgment) Title Tim Rueda, President (Corporate Seal) The Guarantee Company of North America USA By Attorneys-in-fact (Acknowledgment) Title Steve Passerine,Attorney-in-Fact (Seal) (Witness) Approved as to form: City 12 Performance Bond Page Mill Road Stability Project Project# V •� NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY State of California ) County of Contra Costa On 09/24/2012 before me, Kathleen Earle notary public, personally appeared Steve Passerine who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons 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. WITNES •fficial se Signat flP4 1�i/ // �� 'eal) ���`o� KATHLEEN EAgLE Commission♦1852374 i����?-��-,— Notary Public-California tea,;, Alameda County My Comm.:1,48. 5. 2013 13 Performance Bond Page Mill Road Stability Project Project# TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA Bond No. 12072791 Premium Included in Performance Bond PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, a General Law City, has awarded to Case Pacific Company hereinafter designated as the "Principe, a contract for PAGE MILL ROAD STABILIZATION PROJECT,and WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers,mechanics,or material persons employed on work under said Contract, as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum of Two Hundred Forty Eight Thousand Sixty and No/100---------- DOLLARS ($ 248,060.00 ), said sum being equal to the estimated amount payable by said Town of Los Altos Hills under the terms of the Contract,for which payment well and truly to be made,we bind ourselves, our heirs,executors,administrators, successors, or assigns jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Payment Bond Page Mill Road Stability Project Project# 14 V Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terns of the Contract, or to the work to be performed there under, or to 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 Contract or to the work or to the specifications. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of September 24 , 2012,the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. (Corporate Seal) Case Pacific Company Principal B• (Acknowledgment) Title Tim Rueda, President (Corporate Seal) The Guarantee Company of North America USA S By ttomeys-in-fact (Acknowledgment) True Steve Passerine,Attorney-in-Fact (Seal) (Witness) Approved as to form: City Payment Bond Page Mill Road Stability Project Project U 15 V NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. State of California ) County of Contra Costa ) On 09/24/2012 before me, Kathleen Earle notary public, personally appeared Steve Passerine who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. lll WITNESS my n. . cial sealC�� Signature i r. /�' KATHLEEN EARLE Commission#1852371 Iy'i' 1?j Notary Public-California Alameda County My Comm.Expires Jun 5.2013 Payment Bond Page Mill Road Stability Project Project# 16 V TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA ESCROW FOR SECURITY DEPOSIT IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Town of Los Altos Hills, whose address is 26379 Fremont Road, Los Altos Hills, CA 94022, hereinafter called 'Town", hereinafter called "Contractor",and ,whose address is , hereinafter called"Escrow Agent." For the consideration hereinafter set forth, the Town, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Town pursuant to the Construction Contract entered into between the Town and Contractor for PAGE MILL ROAD STABILIZATION PROJECT, in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Town shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Town within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Town and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. (2) The Town shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Town makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Town pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Town. These expenses and payment terms shall be determined by the Town,Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Town. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Town to the Escrow Agent that Town consents to the withdrawal of the amount sought to be withdrawn by Contractor. Security Deposit Escrow Page Mill Road Stability Project Project# 17 V Q (7) The Town shall have a right to draw upon the securities if there is default by the Contractor. Upon seven days written notice to the Escrow Agent from the Town of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Town. (8) Upon receipt of written notification from the Town certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the Town and the Contractor pursuant to Sections (5)to (8) inclusive, of this agreement and the Town and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Town and on behalf of Contractor in connection with the foregoing,and exemplars of their respective signatures, are as follows: On behalf of Town: On behalf of Contractor: Title Title Name Name Signature Signature Address Address Security Deposit Escrow Page Mill Road Stability Project Project# 18 fd On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Town and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Town Contractor Title Title Name Name Signature Signature Security Deposit Escrow Page Mill Road Stability Project Project# 19 V TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA Bond No. 12072791 Premium Included in Performance Bond MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, State of California, has awarded to Case Pacitici Company hereinafter designated as the "Principal," a Contract for PAGE MILL ROAD STABILIZATION PROJECT, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under said Contract. NOW, THEREFORE,we the Principal, and as Guarantee Company of North America Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of Twenty Four Thousand Eight Hundred Six and Nd100 DOLLARS ($24,806.00 1, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that If, during a maintenance period of one (1) year from the date of acceptance of the contracted work, the Contractor upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be invalid;otherwise it shall remain in full force and effect. If any action shall be brought by Town upon this bond, a reasonable attorneys fee, to be fixed by the Court, shall be and become a part of Town's judgment in any such action. No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the Town named herein or the heirs,executors,administrator or successor of the Town. Security Deposit Escrow Page Mill Road Stability Project Project# 20 411 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of September 24 , 2012,the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Case Pacific Company Principal (acknowledgment) Title Tim Rueda, President (Corporate Seal) The Guarantee Company of North America USA Sure By / Att?meys-in-fact (Acknowledgment) Title Steve Passerine,Attorney-in-Fact (Seal) (Witness) Approved as to form: City Maintenance Bond Page Mill Road Stability Project 21 Project It it NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY State of California ) County of Contra Costa ) On 09/24/2012 before me, Kathleen Earle notary public, personally appeared Steve Passerine who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons 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 y r< d and official se��_ Signa .. ist of 1 /., KATHLEEN EARLE g, !?'• omission#185237 < Notary Public-California z Alameda County M Comm.Ec Irea Jun 5,2013 Maintenance Bond Page Mill Road Stability Project 22 Project# 114 4 ,lnnen,vl. THE GUARANTEE COMPANY OF NORTH AMERICA USA f j�N j Southfield,Michigan w POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Steve Passerine,Kathleen Earle,Doreen Green Andreini&Company its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all Intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-In-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory In the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final esfimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011.of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of Indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. enr' i IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. s THE GUARANTEE COMPANY OF NORTH AMERICA USA OtI Y STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland �.,4 My Commission Expires February 27,2018 C r7.t.Xw a- Tu Jo r ��ey •r' goring in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. ��,.w•H� W IN WITNESS HEREOF,I have thereunto set my hand and attached the seal of said Company this24th day of September,2012 o A „it" Randall Musselman,Secretary PROPOSALS MUST BE SUBMITTED ON THE ORIGINAL FORMS SUPPLIED WITH YOUR CONTRACT BOOK. COPIES OF THIS DOCUMENT ARE NOT ACCEPTABLE. EXHIBIT"A" PROPOSAL TO THE TOWN TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA FOR PAGE MILL ROAD STABILIZATION PROJECT NAME OF BIDDER: Case Pacific Company BUSINESS ADDRESS: 2121 Ardmore Road CITY, STATE,ZIP: Paso Robles, CA 93446-7199 LICENSE NO.: 259827 CLASS: A. C57 EXP. DATE: 3/31/2014 TAX ID N0.: 94-1668279 TELEPHONE NO: (805) 237-8851 FAX NO:(805) 237-8854 The work for which this proposal is submitted is for construction according to the Contract Documents, including the Special Provisions, the Addenda, the Agreement, the project plans and specifications. The Contract Book shall be used in conjunction with the above documents, and the State of California Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date. The project plans for the work to be done are titled"PAGE MILL ROAD STABILIZATION PROJECT" The work to be done consists of drilling and installing a continuous row of buried alternating reinforced concrete piers(shear pins)and unreinforced concrete(dummy pins)located outboard of the outboard edge of the road in the locations shown in the design drawings and.doing all appurtenant work as shown on the plans and described in the specifications. The bidder shall set forth for each item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the"Total"column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of conflict between an item price in words and the price in figures,the price in words shall prevail. In case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall prevail. However,if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause, Proposal 8 Page Mill Road Stability Project Project# ii or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. Failure to provide the required information, or if information provided is subsequently proved false, the proposal shall be considered as non-responsive and shall be grounds for rejection of the bid. If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two bonds in the sums required by Section 4-3 of the Special Provisions,with surety satisfactory to the Town of Los Altos Hills within 5 days, not including Sundays and legal holidays, after the bidder has received notice from the Town that the Contract has been awarded, the Town may, at its option, determine that the bidder has abandoned the Contract,and thereupon this proposal and the acceptance thereof shall be invalid. If the Town declares the proposal as invalid, the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Town. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein;that this proposal is made without collusion with any other person,firm or corporation: that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans therein referred to; and he/she proposes and agrees, if this Proposal is accepted, that he/she will Contract with the Town of Los Altos Hills in the form of the copy of the Contract annexed hereto,to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore in the amounts shown on the following Item Price Schedule,to wit: Proposal 9 Page Mill Road Stability Project Project 11 V V ITEM PRICE SCHEDULE (BASE BID) Item Estimate Unit Price Total Price Category No. d Units Item Description (In Figures) (In Figures) Quantity Misc. M-7 t L.S. Mobilization and Demobilize, 15,000.00 15,000.00 Underground Utility Marking M-2 1 L.S. Site Preparation,Traffic Control,Trim Trees/Remove Vegetation 6,500.00 6,500.00 Move K-Rail and Crash Cushions M-3 370 lin. Ft. Offsite at Beginning of Job and Replace K-Rail and Crash Cushions 8.00 2,960.00 at the End of the Job Shear Drill 30-Inch Diameter Piers, Provide Pins SP-1 483 Lin. Ft. and Install 14 Steel Beams,Pour 230.00 111,090.00 Concrete and Grout Dummy Drill 24-Inch Diameter Piers, Pour Piles DP-1 260 Lin,Ft. Grout 220.00 57,200.00 Dewater DW-1 1 L.S. Remove,Treat and Dispose of Groundwater from Piers 8,000.00 8,000.00 •Grading G-1 1 L.S. Cover Shear Pins w/Spoils Material 26,310.00 26,310.00 Compacted to 90%RC Off-Haul Excess Material Including G-2 1 L.S. Drill Spoils and Remaining Material 18,000.00 18,000.00 After Replacing Temp Excavations WPC WPC-1 1 L.S. Implement Water Pollution Control 3,000.00 3,000.00 TOTAL OF ALL ITEMS OF THE BASE BID $ $248,060.00 (Price in Figures) $Two Hundred Forty-Eight Thousand Sixty Dollars and No Cents (Price in Words) 10 Proposal Page Mill Road Stability Project Project# QUANTITIES OF WORK The quantities of work of material stated in the unit bid price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The Town does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit bid item by an amount up to 25 percent increase or decrease without a change in the unit prices, and shall have the right to delete any bid items in its entirety and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. 11 Proposal Page Mill Road Stability Project Project# 12 Contract Page MIII Road Stability Project Project# 4 LIST OF SUBCONTRACTORS The Bidder shall list the name, address and telephone number of each subcontractor, required to be listed by the provisions in Section 4-2, "Subcontracts" of the Special Provisions and the Standard Specifications, to whom the Bidder proposes to subcontract portions of the work. PLACE OF BUSINESS DESCRIPTION OF PORTION SUBCONTRACTOR'S NAME 'ADDRESS&PHONE) OF WORK SUBCONTRACTED None • 13 Contract Page Mill Road Stability Project Project 411 ADDENDA ACKNOWLEDGMENT AND INFORMATION The undersigned acknowledges receipt of Addendum No._through_inclusively. PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Case Pacific Company President/Teasurer: Timothy J. Rueda Secretary/Vice President: Jacqueline A. Lewelling EXPERIENCE AND FINANCIAL QUALIFICATIONS The bidder has been engaged in the contracting business under State License No.259827 for a period of 44 years. The bidder's three most recently completed Contracts are: 1. Title of Project: Caltrans No. 05-1A5004, Highway 46 West, Paso Robles, CA Owner: State of California Department of Transportation Address: 1727 30th Street, Sacramento, CA 95816 Telephone No.: (805) 549-3111 Engineer in Charge: Neil Weller Date Accepted: August 2011 2. Title of Project: Caltrans No. 07-4L5704, Route 33, Ventura County, CA owner: State of California Department of Transportation Address: 1727 30th Street, Sacramento, CA 95816 Telephone No.: (213) 897-0840 Engineer in Charge: Alan Davis Date Accepted: On-going 14 Contract Page Mill Road Stability Project Project# 16) ‘1110 3. Title of Proiect: City College San Francisco Soccer Practice Field Owner: City College of San Francisco Address: 50 Phelan Avenue, S142, San Francisco, CA 94112 Telephone No.: Subcontractor to Interstate Grading & Paving (650) 952-7333 Engineer in Charge: James Tsao, AGS, Inc. Date Accepted: June 22, 2011 Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder: Name of Bank Address Rabobank, N.A. (Jeff Mercer, VP) 845 Spring Street (805) 238-2063 x 4 Paso Robles, CA 93446 Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the bidder: Company: Bonding Agent: Andreini & Company (Steve Passerine (925) 242-2377) Address: 2603 Camino Ramon, Suite 200, San Ramon, CA 94583 Company: Bonding Company: The Guarantee Company of North America Address: 25800 Northwestern Highway, Suite 720, Southfield, Michigan 48075 15 Contract Page Nlill Road Stability Project Project# 0 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has_, has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery,collusion,conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of,or performance of,any public works contract, as defined in Public Contract Code Section 1101,with any public entity,as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term"bidder"is understood to include any partner, member,officer,director, responsible managing officer,or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after"has"or"has not"in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Tim Rueda, President 16 Contract Page Mill Road Stability Project Project# Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire: Has the bidder,any officer of the bidder,or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local government project because of a violation of law or a safety regulation'? YES NO X If the answer is yes,explain the circumstances in the following space: 17 Contract Page Mill Road Stability Project Project# Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232,the Contractor,hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereofshall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Tim Rueda, President 18 Contract Page Mill Road Stability Project Project K NON-COLLUSION DECLARATION To Be Executed by Bidder and Submitted with Bid In accordance with Title 23 United States Code Section 112 and California Public Contract Code 7106, the undersigned declares: I am the President of Case Pacific Company , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or to refrain from bidding. The bidder has not in any manner,directly or indirectly, sought by agreement,communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership,company, association,organization, bid depository, or to any member or agent thereof;to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, Limited liability partnership,or any other entity, hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 17th [date], at Paso Robles [city], CA [state]. Case Pacific Company (Bidder) By: (Signature of authorized representative of Bidder) Tim Rueda (Type Name) President (Title) 19 Contract Page Mill Road Stability Project Project#