2018/10/03 Zimprich Engineering, Inc. CIP16-02 Rancho Ramona Park Restroom CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO.16-02
(RANCHO RAMONA PARK RESTROOM ADDITION PROJECT)
This Owner-Contractor Agreement("Agreement") is made and entered into for the above referenced
Project by and between the City of Menifee ("Agency"), and ZIMPRICH ENGINEERING, INC
("Contractor"), whose principal business address is 246 LARKWOOD STREET CREST,
ANAHEIM CA 92808 on the day of , 2018.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor
have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment
necessary to construct and complete the Project in accordance with the Contract Documents (as
hereinafter defined), including all work, labor, services, materials and equipment described and
reasonably inferable from documents enumerated in Exhibit "A" attached hereto and incorporated
herein by reference (such construction and furnishing of labor, service, materials and equipment
hereinafter referred to as the "Work") in a good worker-like and substantial manner and to the
satisfaction of the Agency,in connection with the(CIP No. 16-02,Rancho Ramona Park Restroom
Addition Project) to be constructed at Rancho Ramona Park in the City of Menifee, California. The
term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit"A"
and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in
writing to any changes in the scope of Work. Exhibit "A" shall be deemed revised in accordance
with any revisions for which Agency's consent has been issued. Any revisions to the scope of Work
for which Agency's consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work
performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit
"B",Contract Price,attached hereto and incorporated herein by reference. Payments to the Contractor
shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements
shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid
and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
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7645681.2 a09/19/18 Page 1
5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1,the Contractor and all subcontractors shall be registered with
the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is
hereby notified that this Project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
6. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any
qualified person,or bar or discharge from employment any person,or discriminate against any person,
with respect to such person's compensation, terms, conditions or privileges of employment because
of such person's race, religious status, sex or age.
7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency's authorized
representative in the interpretation and enforcement of all Work performed in connection with this
Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her
assigned designees.
8. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions
of Section 3700 of the Labor Code, which requires every employer to be insured against liability for
Workers' Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and I will comply with such provisions before commencing the performance of the Work of
this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of
Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each
subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for worker's
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 Agreement."
9. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with
respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the
Contractor,then this Agreement shall control and nothing herein shall be considered as an acceptance
of the terms of the bid conflicting herewith.
10. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records
and other evidence pertaining to costs incurred and shall make such materials available at its office
at all reasonable times during the term of this Agreement and for three(3)years from the date of final
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11. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and
shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the
right to control Contractor insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, Agency shall not have the right to control the means by which Contractor
accomplishes such services.
12. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and
approvals of whatever nature which are legally required to practice its profession. Contractor
represents and warrants to Agency that Contractor shall,at its sole cost and expense,keep in effect
at all times during the term of this Agreement, any licenses, permits, qualifications or approvals
which are legally required for Contractor to practice its profession.
13. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws of the State of California,and the appropriate venue for any action or proceeding arising from
this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside,
Temecula Branch
14. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
15. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the
False Claims Act, California Government Code sections 12650,et seq.,provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the Agency seeks to recover
penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor
to an administrative debarment proceeding wherein Contractor may be prevented from further
bidding on public contracts for a period of up to five (5) years.
I have read and understood allU(Initta-
ons of this S ove:
(Initi
16. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other
than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY: CONTRACTOR:
City of Menifee Zimprich Engineering Inc.
� �
By: By:
ti Name: Brandon Zim
Bill Zimmerman, Mayor Its: President
APPROVED AS TO FORM: By:
ame: Brandon Zi
By: avlt?f
l Its: Secretary
J e . Melching, Cify Xttorney
ATTEST:
By: 041749
Contractor's City Business License No.
S rah A. Manwaring, City er
1031084 Class A
State Contractor License No. & Class
246 Larkwood Street
Street Address
Anaheim, CA 92808
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate
persons holding different offices must be provided.]
EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
290/031858-0008
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EXHIBIT B
CONTRACT PRICE
Not-to-Exceed Sixty-Five Thousand Two Hundred Sixty Dollars and Seventy-Five Cents
($65,260.75)
The Contract Price for performing all Work described in the Contract Documents, including labor,
materials, services and equipment is the total amount of all lump sum items and of all unit price sums,
determined by multiplying the unit price for each item times the actual quantity of each such item, as
determined by the Agency.
290/031858-0008
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BIDDER'S PROPOSAL
Rancho Ramona Park Restroom Addition
CI P 16-02
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the
RANCHO RAMONA PARK RESTROOM, CIP No. 16-02, and appurtenant work in connection
therewith, said work to be done and materials to be furnished in strict conformity with the plans,
specifications, all other referenced documents and all codes and regulations the prices shown on
this proposal.
The undersigned has examined the location of the proposed work, and is familiar with the plans
and specifications and the local conditions at the place the work is to be done, and also
understands that the project will be completely constructed in turn-key condition acceptable to
the Owner be for the price of the proposal, including all fees and sales tax upon any materials so
furnished.The undersigned has also carefully checked all of the figures given and understands that
the Owner will be responsible for any errors or omissions on the part of the undersigned in
submitting this proposal.
The Contractor confirms that his/her bid is submitted with respect to the changes to the contract
included in all addenda issued by the Owner.
Receipt is hereby acknowledged of Addenda No.(s) None
The undersigned has examined the current State of California schedule of prevailing wage rates
for the types of work to be done on this project and agrees to pay not less than these rates.
Bid Forms/Documentation Requirements Checklist
® BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT
xD BID SCHEDULE FORM(SCHEDULE)
XD CERTIFICATE REGARDING CONTRACTOR'S LICENSE
RI BID SECURITY. CASHIER'S CHECK OR BID BOND
® NON-COLLUSION AFFIDAVIT
X❑ CONTRACTOR'S REFERENCE LIST
XQ DESIGNATION OF SUBCONTRACTORS
0 CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE
® DEBARMENT AND SUSPENSION CERTIFICATION
0 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
XQ COPY OF CA DEPT OF INDUSTRIAL RELATIONS(DIR)REGISTRATION.
All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule.
All items shall be complete and in place per plans (if applicable)and these Bid and Contract
Documents.
290/031858-0008
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Rancho Ramona Park Restroom BIDDER'S PROPOSAL(continued)
CIP No.CIP 16-02
BID SCHEDULE
The contract is subject to award to the lowest responsible bidder based on the Base Bid.
Item No. Item Approximate Unit Price Total
Description Quantity Unil (figures) (figures)
GENERAL WORK SECTION
I Mobilization(not to exceed 5%of Total Bid Amount) I LS 3,322.00 3,322.00
2 Survey and Construction Staking I LS 2,200.00 2,200.00
3 Implementation of BMPs 1 LS 2,000.00 2,000.00
DEMOLITION
4 Sa�vcrrt Existing Concrete Pavement 55 LF 20.00 1,100.00
5 Demolish&Remove Existin',PCC Sidewalk 885 SF 6.50 5,752.50
GRADING
Unclassified Excavation(include fill and compaction as
6 recommended in the Geotechnical Report) 48 CY 142.50 I 6,840.00
Class 11 base for building pad,include compaction per
7 Geotechnical recommendation 23 CY 113.00 2,599.00
DRAINAGE
Install Sidewalk Underdrain,4"PVC SDR-35,L=Per
Plan,per City of Menifee Standard Plan 301 and as
shown per Project Plans,including all labor,tools,
equipment,materials,works and incidentals necessary to gg,82 2 220.50
8 complete the wort: 25 LF
SURFACE IMPROVEMENTS
Construct 4"Thick PCC Sidewalk per City of Menifee
Standard Plan 400 as shown Per Project Plans,including
all labor,tools,equipment,materials,works and
9 incidentals necessaryto complete the work 1100 SF 12.30 13,530.00
UTILITY IMPROVEMENTS
SEWER:
Install 4"PVC SDR-35 Sewer Lateral per EMWD
Standard Plan SB-177 and Pipe Bedding per EMWD
Standard Plan SB-157 and SB-159 as shown per Project 55 LF 53.00 2,915.00
Plans and Details,including all labor,tools,equipment,
10 materials,and incidentals necessary to complete the work
Connect New Sewer Lateral to Existing 4"PVC SDR-35
Sewer Lateral as shown per Project Plans,including all 1 EA
labor,tools,equipment,materials,and incidentals 929.00 929.00
11 necessary to complete the work
Install 4"Sewer Cleanoul per EWMD Standard Plan S13-
52 as shown per Project Plans,including all labor,tools,
equipment,materials,and incidentals necessary to ' EA 475.20 1,425.60
12 complete the work
Sewer Point of Connection(POC)as shown per Project
Plans and Restroom Building Plans,including all labor,
tools,equipment,materials,and incidentals necessary to 1 EA 821 .00 821 .00
13 complete the work
1-2
290/031858-0008
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Rancho Ramona Park Restroom BIDDER'S PROPOSAL(continued)
CIP No.CIP 16-02
WATER:
Install 2"Reduced Pressure BackClow Preventer
Assembly per EMWD Standard Plan B-597A as shown
per Project Plans,including all labor,tools,equipment, ] EA 2,050.00 2,050.00
14 materials,and incidentals necessary to complete the work
Install 1"Butterfly Valve per EMWD Standard Plan B-
577 as shown per Project Plans,including all labor,tools, I EA
equipment,materials,and incidentals necessary to 680.00 680.00
15 complete the work
Water Service Line Point of Connection(POC)as shown
per Project Plans and Restroom Building Plans,including
all labor,tools,equipment,materials,and incidentals 1 LS 615.00 615.00
16 necessary to complete the work
Connect PVC Pipe to Existing Water Meter as shown per
17 Plans,including all labor,tools,equipment,materials, 1 EA 627.00 627.00
and incidentals necessary to complete the work
Install I"PVC Pipe Schedule 40(450 PSI)Service
Lateral,Connection per EMWD Standard Plans B-590A
as shown per Project PIans,including all labor,tools, 240 LF 15.30 3,672.00
equipment,materials,and incidentals necessary to
18 complete the work-
Install PVC Pipe Elbow Fitting(Angle)per Project Plans,
including all labor,tools,equipment,materials,and 2 EA 13.50 27.00
19 incidentals necessary to complete the work
ELECTRICAL
Connection to Existing Panel with New Branch Circuit
Connection as shown per Project Electrical Plans,
including all labor,tools,equipment,materials,and
20 incidentals necessary to complete the work 1 EA 1,650.00 1,650.00
New Conductors in Existing Spare 1-1/2"Conduit for
New Restroom Feeder as shown per Project Electrical 220 LF 16.00 3,520.00
Plans,including all labor,tools,equipment,materials,
21 and incidentals necessary to complete the work
New Conduit and Conductors for New Restroom Panel
Feeder as shown per Project Electrical Plans,including
all labor,tools,equipment,materials,and incidentals 115 LF 48.41 5,567.15
22 necessary to complete the work
Install Additional Pull Boxes as shown per Project
Electrical Plans,including all labor,tools,equipment, I EA 378.00 378.00
23 materials,and incidentals necessary to complete the work
Connection to New Restroom Building Panel as shown
per Project Electrical Plans,including all labor,tools, 1 EA 810.00 810.00
equipment,materials,and incidentals necessary to
24 complete the work
Total Bid Amount in Numerals: S 65,260.75
Sixty Five Thousand Two Hundred Sixty
Total Bid Amount in Words: $
Dollars & Seventy Five Cents
1-3
290/031858-0008
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Rancho Ramona Park Restroom BIDDER'S PROPOSAL(continued)
CIP No.CIP 16-02
In the event of a variation between the unit price and extended total, the unit price will be used
and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot
be reconciled it will be considered non-responsive and will not be considered for award.
The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s)
with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be
responsive in all other aspects. If equal low bids are received from responsible and responsive
bidders the selection shall be made by drawing lots, or other similar random blind method
selected by the Owner. If only one responsive bid is received from a responsible bidder the award
shall not be made unless the price can be determined to be reasonable based on an analysis by
the Owner. The Owner's determination as to the reasonableness of any such bid shall be final.
All bids received shall be recorded on an abstract(tabulation) of bids, and then made available for
public inspection.
The quantities listed in the bid proposal are provided to give a general indication of the scope of
the work and for the comparison of bids. No warranty is made, either expressed or implied, that
the actual quantities of work to be done will correspond therewith. Item numbers followed by
"(S)"are designated as specialty items.
By signing and submitting this bid the Contractor confirms that they are familiar with the work site
and all existing conditions that may affect their work and that they have read and agree to all the
terms, conditions and requirements contained or referenced herein and that all the
aforementioned has been included in the bid prices listed above including items of work that may
not have a specific pay line item and that there shall be no additional costs to the Owner.
WARNING: If an addendum or addenda have been issued by the Owner and not noted above as
being received by the bidder,this Bid may be rejected.
Complete the following:
Zimprich Engineering Inc.
Legal name of the business
Corporation
Business Type(Corporation,Partnership,Sole Proprietor)
None
DBA(if any)
Brandon Zimprich, President
Name and title of the owner
Brandon Zimprich, Secretary
Name and title of second partner or officer
1-4
290/031858-0008
7645681.2 a09/19/18 Page 10
Rancho Ramona Park Restroom BIDDER'S PROPOSAL(continued)
CIP No.CIP 16-02
1024 Dew Crest Drive, Anaheim, CA 92808
Business Address
(714) 318-8237
Telephone number
(714) 871-2801
Facsimile number
zimprich1@outlook.com
Email address of primary contact
none
Company web address
9/5/2018 -r /5/2018
Signature of Prime Co actor Date Signature of Prime Contra or Date
Brandon Zirnprich, President Brandon Zimprich, Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-5
290/031858-0008
7645681.2 a09/19/18 Page 11
Rancho Ramona Park Restroom BIDDER'S PROPOSAL(continued)
CIP No.CIP 16-02
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class "A" Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal. (Business and Professions Code Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's
license(s)which:
a. Bears the license number(s): 1031084
b. Expires on: 9/30/2019
9/5/2018 16- f i 9/5/2018
Signature of Prime Contractor Date Signature of Prime Contractor Date
Brandon Zimprich., President Brandon Zimprich, Secretary
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
This required license determination has been made by the Owner. Any Contractor holding a
different license who feels he is qualified to bid on this work must so advise the owner at least
seven (7) days prior to the bid opening. A review of the contemplated work will be made and the
Owner's decision as to the required license will be final.
1-6
290/031858-0008
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EXHIBIT C
INSURANCE
290/031858-0008
7645681.2 a09/19/18 Page 13
Issued in Three (3) Indentical Counterparts Bond #380209P
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, in the County of Riverside, State of California, by
minute action passed , has awarded to zimnric--a Engineering, Inc. hereinafter
designated as the "Principal," a contract for construction of the
Rancho Ramona Park Restrocm Addition project together with appurtenances
thereto, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said principal, or any of his or its subcontractors shall fail to pay
for any materials, provisions, provender, or other supplies or equipment used in, upon, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, we Zimprich Engineering, Inc. as Principal,
and Indemnity Company of California as Surety, are held
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of
one hundred percent (100%) of the amount * Dollars
($65,260.75 ), lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, jointly and severally, firmly by these presents.
*Sixty Five Thousand Two Hundred Sixty and 75/100
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, provender, rented or hired teams, implements, or machinery, or
other supplies or equipment of any kind used, in, upon, for or about the performance of
the work contracted to be done, including, but not limited to, that part of water, gas, power,
light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any
work or labor thereon of any kind, or for any amounts due under the California
Unemployment Insurance Code with respect to such work or labor, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Principal and subcontractors pursuant
to Section 13020 of the California Unemployment Insurance Code with respect to such
work and labor, and provided that any person, so furnishing said supplies or equipment
contributing to said work to be done, or any person who performs work or labor upon the
same, or any person who supplies both work and supplies or equipment therefore shall
have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the
California Civil Code, as amended, or any successor thereto, then said Surety shall pay
the same in or to an amount not exceeding the amount hereinabove set forth and also
shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall
be fixed by the court.
The bond shall inure to the benefit of any and all persons, companies, and
corporations named in California Civil Code Section 3181, as amended, or any successor
thereto, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration, or modifications of the Contract Documents or
of the work to be performed thereunder shall in any way affect its obligations on this bond
and it does hereby waive notice of such change, extension of time, alteration, or
modification of the Contract Documents or of work to be performed thereunder.
Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon Principal at this address: Zimprich Engineering, Inc.
1024 Dew Crest Drive Anaheim, CA 92808
and upon Surety at this address: AmTrust
17771 Cowan #100 Irvine, CA 92614
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named, under penalty of perjury, on the 26th
day of September 2018 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
Zimprich Engineering, Inc.
Principal
By
Brandon Zimp_ric , resident
Indemnity Company of California
S u rety
By_-; /V
Frank Morones, Attorney-in-Fact
California All-Purpose Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 09/27/18 before me, Giovanni Lazzarinetti notary public, personally
appeared 'Brandon Zimprich*** , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
I
4OVANNI A.UZZARINMI
Notary Public-California
� q Z
z _ Orange County �
Commission#2242702
My Comm.Expires May 14,2022
Optional
Though the information below is not required by law,it may prove valuable to persons relying on the document and
could prevent fraudulent removal of this reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: # of Pages:
Signer(s) Other Than Named Above:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On September 26, 2018 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Frank Morones
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. M€ N VA
CCARO
COMM,#2241394
` us" Notary PUblic�aliforniaIt
ORANGE COUNTY LL
g (Seal) My Comm,Expires May 12,2022
Si nature �. `VUY� LCC(;�,�.0 Seal
Melissa Ann Vaccaro
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Shaunna Rozelle Ostrom, Michael Castaneda,Dwight Reilly,Daniel Huckabay,Arturo Ayala, Frank Morones,jointly or severally`**
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these
presents,are hereby rafified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017.
By: COY//9r+u r �V AND/yqc
Daniel Young,Senior Vice-President Z J•�ORPORar.FI. C'
;y;� Fo:•y ��4 raF
d 1936 c;'5 a
Mark Lansdon,Vice-President ......... <;FoF*�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On February 6,2017 before me, _Lucille Raymond.Notary Public _
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young_and Mark Landon
Name(s)of Signegs)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)isiare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in hisfheritheir authorized
capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
_ Commission#2081945- - -
`» Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Z Orange County > true and correct.
4 Comm.Ex Tres Oct 13,20t8
WITNESS my hand and official seal. !r (` ,
r �.
�
Place Notary Seal Above Signature —_—_—. _ _
Lucillb Ray ond,Notary Public
CERTIFICATE V
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
NDj4',, �pANY
This Certificate is executed in the City of Irvine,California,this 26th day of September 2018 ..AND rh dh o�4
yJ �o5��R4T�F4i= ��.�'GQ'i'0.9 j C,
�•� 0:2: G g+f
By: W 1936 {' c (rr. ;
Cassie J. rrisford,Assistant Se tary =o'. 70 o }_ 7
ATS-1002(02117)
Civil Code of the State of California, Section 1188, CERTIFICATE OF
ACKNOWLEDGMENT
An officer taking the acknowledgment of an instrument must endorse thereon or attach
thereto a certificate substantially in the forms hereinafter prescribed.
(INDIVIDUAL)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year
2 ,
before me, personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and
acknowledged that executed the same.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
(CORPORATION)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of , in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument as president (or secretary) or on behalf of the corporation therein
named acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
(PARTNERSHIP)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument on behalf of the partnership and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
(ATTORNEY IN FACT)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument as the attorney in fact of
and acknowledged to me that he/she subscribed the name of
thereto as principal, and his/her own name as attorney
in fact.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
11
Issued in Three (3) Identical Counterparts Bond #380209P
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, County of Riverside, State of California, by minute
action passed has awarded to Zimorich Engineering, Inc. hereinafter designated
as the "Principal', a Contract for construction of the Rancho Ramona Restroom Addition
project together with appurtenances thereto, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract.
NOW, THEREFORE, we Zimprich Engineering, Inc. as
Principal, and indemnity Company of California a corporation organized and existing
under the laws of the State of California , and duly authorized to transact
business under the laws of California, as Surety, are held and firmly bound unto the City
of Menifee hereinafter called the Contracting City, in the penal sum of one hundred
percent (100%) of the amount of * Dollars ($65,260.75 ),
lawful money of the United Stated of America, for payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
*Sixty Five Thousand Two Hundred Sixty & 75/100
THE CONDITION OF THE OBLIGATION IS SUCH that, if the hereby bounded
Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in
all things stand to and abide by and well and truly keep and perform all the undertakings,
terms, covenants, conditions and agreements in said Contract and any alteration thereof,
made as therein provided all within the time and in the manner therein designated and in
all respects according to their true intent and meaning, and shall faithfully fulfill the one-
year guarantee of all materials and workmanship after final acceptance; and shall
indemnify and hold harmless the City of Menifee, its officers and agents, as therein
stipulated, then this obligation shall become null and void, otherwise it shall be and remain
in full force and virtue.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the Contract Documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the Contract Documents or of work to be performed thereunder.
No final settlement between the Principal and the Contractor hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
12
Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon Principal at this address: Zimprich Engineering, Inc.
1024 Dew Crest Drive Anaheim, CA 92808
and upon Surety at this address: AmTrust
17771 Cowan #100 Irvine, CA 92614
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 26th day of September
2018
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its
governing body.
Zimprich Engineering, Inc.
Principal
gy 6--z-
Brandon Zimprich, esident
Indemnity Company of California
Surety
By
Frank Morones, Attorney-in-Fact
13
California All-Purpose Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 09/27/18 before me, Giovanni Lazzarinetti notary public, personally
appeared ***Brandon Zimprich*** , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
ter' GIOVANNI A.LkMRINMI
` Notary Public-California
' Orange County
Commission#2242702
My Comm.Expires May 14,2022
Optional
Though the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal of this reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: #of Pages:
Signer(s) Other Than Named Above:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On September 26, 2018 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Frank Morones
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
MELISSA ANN VACCARO
WITNESS my hand and official seal. COMM,#2241394
(11amy
Notary Public-California m
ORANGE COUNTY U.
Comm.Expires May 12,2022
Signature� C �'Jcr S:�C>r'r�(Seal)
Melissa Ann Vaccaro
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Shaunna Rozelle Ostrom,Michael Castaneda, Dwight Reilly, Daniel Huckabay,Arturo Ayala, Frank Morones,jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED.that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017.
By: � v4z� qV AND/q ��PANi a
Daniel Young,Senior Vice-President =J¢�oRPo2irFoF�2
Li��ise� - �� C �P $a
B x
Mark Lansdon,Vice-President %��o•*• *�a,, f trco
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On February 6 2017 before me, Lucille Raymond,Notary Public
Dale Here Insert Name and Title of the Officer
personally appeared _ Daniel Young and Mark Lansdon_
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in hislheritheir authorized
capacily(ies),and that by hislheritheir signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
Commisaioa#r 20819i5
z, Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County + true and correct.
M Comm.Expires Oct 13,2018 ;
WITNESS my hand and official seal.
Place Notary Seal Above Signature ...—___._ __ ' • __ --___. _
Lucilly ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains intuit force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
awu.
This Certificate is executed in the City of Irvine,California,this 26th day of September 2018 ,.•`�Jv AND%ya a �q��PAedt Oa
�� * � FPo Pq
� - p, c
'�:ace Rr.�' -', o� fir•f r
By: W: 1936
Cassie J. nisford,Assistant Se tary o' o c o I'b7
�+'°gcfr onP''a�" cRtr; ��•
ATS-1002(02117) ��;o•. •'h ,
Civil Code of the State of California, Section 1188, CERTIFICATE OF
ACKNOWLEDGMENT
An officer taking the acknowledgment of an instrument must endorse thereon or attach
thereto a certificate substantially in the forms hereinafter prescribed.
(INDIVIDUAL)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of , in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and
acknowledged that executed the same.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
(CORPORATION)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year
2 ,
before me, personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as president (or secretary) or on behalf of the corporation
therein named acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
14
(PARTNERSHIP)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2
before me, personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument on behalf of the partnership and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
(ATTORNEY IN FACT)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year ,
before me, personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument as the attorney in fact of
and acknowledged to me that he/she subscribed the name of
thereto as principal, and his/her own name as attorney in
fact.
WITNESS my hand and official seal.
SEAL
Notary Public - State of California
1290/031858-0008
7645681.2 a07105/18 Page 1